
PART I
1 

(1) These regulations shall come into operation
on 15th August 1985 and may be cited as the International Carriage of Perishable Foodstuffs Regulations 1985.
(2) The International Carriage of Perishable Foodstuffs Regulations 1979
the International Carriage
of Perishable Foodstuffs (Fees) Regulations 1979
and the International Carriage
of Perishable Foodstuffs (Amendment) Regulations 1981
are hereby revoked.
2 

(1) In these Regulations—
 “the 1976 Act” means the International Carriage of Perishable Foodstuffs Act 1976;
 “ATP” means the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (ATP) concluded in Geneva on 1st September 1970 as amended pursuant to Article 18 of the Agreement by an amendment to Annex 3 to the Agreement which came into operation on 28th April 1981, amendments to Annex 1 to the Agreement which came into operation on 22nd May 1981, 13th February 1983 and 15th January 1984 and amendments to Annex 3 to the Agreement which came into operation on 20th January 1985;
 “examination”—
(a) in relation to insulated equipment, means the procedure for checking the insulating capacity of equipment specified in ATP, Annex 1, Appendix 2, paragraph 29, and
(b) in relation to refrigerated, mechanically refrigerated and heated equipment, means the procedures for checking the insulating capacity of equipment specified in ATP, Annex 1, Appendix 2, paragraph 29, and for verifying the efficiency of thermal appliances specified in ATP, Annex 1, Appendix 2, paragraph 49, and
 “examined” shall be construed accordingly;
 “K coefficient” has the same meaning as in ATP, Annex 1, Appendix 2, paragraphs 1 to 6 inclusive;
 “prescribed fee” means a fee prescribed by these Regulations;
 “prescribed standards” in relation to transport equipment, means the standards to be complied with by transport equipment specified in Regulation 6;
 “test”—
(a) as to measuring the K coefficient, means
the procedures specified in ATP, Annex 1, Appendix 2, paragraphs
7 to 27 (inclusive), and
(b) as to determining the efficiency of thermal
appliances, means—
(i) in relation to refrigerated equipment,
the procedure specified in paragraphs
32 to 36 (inclusive) of the said Appendix,
(ii) in relation to mechanically refrigerated
equipment the procedure specified in paragraphs 37 to 42 (inclusive) of the said
Appendix, and
(iii) in relation to heated equipment, the
procedure specified in paragraphs
43 to 47 (inclusive) of the said Appendix;
and
 “tested”
and “testing” shall be construed accordingly.
(2) A reference in these Regulations to a
numbered Regulation is a reference to the Regulation so numbered in these
Regulations.
(3) Any certificate of compliance or copy
of a certificate of compliance issued, examination or test carried out, application
made, notification or notice given or other thing done under the Regulations
revoked by these Regulations shall not be affected by the revocation but shall
have effect as if issued, carried out, made, given or done under these Regulations.
3 
These Regulations apply to transport equipment used or intended
to be used for the international carriage of perishable foodstuffs where the
journey is, or is to be, effected by road or rail, or by a sea crossing of
less than 150 kilometres, or by any combination thereof.
PART II
4 
The foodstuffs and classes of foodstuffs specified in ATP, Annexes 2 and 3
are hereby prescribed as perishable foodstuffs for the purpose of the 1976
Act.
5 
The temperature limits for the international carriage of the various
classes of perishable foodstuffs are those specified in relation to each class—
(a) in ATP, Annex 2, where the carriage is of quick (deep)
frozen or frozen foodstuffs, or
(b) in ATP, Annex 3, where the carriage is of foodstuffs
which are neither quick (deep) frozen nor frozen.
PART III
6 
Transport equipment to which these Regulations apply shall, subject
to the provisions of ATP, Annex 1, paragraph 5, comply with the standards for
one of the classes (insulated, refrigerated, mechanically refrigerated or
heated equipment) in paragraphs
1 to 4 (inclusive) of ATP, Annex 1 and shall be such as to ensure that
throughout an international journey for the carriage of perishable foodstuffs
of a particular class, the temperature limits referred to in Regulation 5 are not exceeded in respect of
perishable foodstuffs of that class.
7 
Where transport equipment in respect of which a certificate of
compliance or a certification plate is in force is so altered or damaged that
its thermal efficiency may be affected, the operator of the equipment shall
forthwith give notice thereof to a certifying officer.
PART IV
8 

(1) Every designated station, and all the
apparatus thereat for carrying out tests of transport equipment, shall, on
due notice being given, make provision and be available for carrying out—
(a) tests of such classes and types of transport
equipment as are specified in the designation of the premises as a designated
station, and
(b) such examinations of transport equipment
as the Secretary of State may from time to time require to be carried out.
(2) The Secretary of State may at any time
withdraw his approval of a designated station by notice in writing to the
operator of the station and thereupon the station shall cease to be a designated
station for the purposes of the 1976 Act and these Regulations.
PART V
9 

(1) Any person wishing to have transport
equipment tested shall, at least 28 days before the date on which such person
proposes that the test should take place, make an application for that purpose
to a qualified person, and any person wishing to have transport equipment
examined shall, at least 14 days before such person proposes that the examination
should take place, make an application for that purpose to a qualified person.
(2) Every such application shall be made
on a form approved by the Secretary of State, and shall contain the particulars
required by that form.
(3) Every test of transport equipment shall
be carried out at a designated station by or under the direction of a qualified
person and in accordance with the relevant provisions of ATP, Annex 1, Appendix 2.
(4) Every examination of transport equipment
shall be carried out by or under the direction of a qualified person at a
place (whether a designated station or not) approved for that purpose by that
person and in accordance with the relevant provisions of ATP, Annex 1, Appendix 2.
10 

(1) On completion of a test of transport
equipment the qualified person shall complete a Test Report in accordance
with ATP, Annex 1, Appendix 2, paragraph 48.
(2) Subject to paragraph (3) below, the qualified person shall
notify the applicant in writing whether or not as a result of the test the
transport equipment is found to comply with the prescribed standards for the
class of equipment in respect of which the application was made and if the
equipment is found not to comply of the respects in which it is found not
to comply.
(3) If as a result of a test, transport equipment
is found not to comply with the prescribed standards for the class of equipment
in respect of which the application was made but the equipment is found to
comply with the prescribed standards for another class, the qualified person
shall comply with paragraph (2)
above and also in writing inform the applicant that the equipment does comply
with the prescribed standard for that other class.
(4) In this Regulation “the qualified person” means the qualified person by whom or under whose direction the test is carried
out.
11 

(1) Subject to paragraph (2) below, the qualified person shall
notify the applicant in writing whether or not as a result of the examination
he concludes that the transport equipment complies with the prescribed standards
for the class of equipment in respect of which the application was made.
(2) If as a result of an examination the
qualified person does not conclude that the transport equipment complies with
the prescribed standards for the class of equipment in respect of which the
application was made, he shall notify the applicant in writing—
(i) of his reasons and,
(ii) that a certificate or plate cannot be
issued unless either any repairs to the equipment specified by him which will
bring the equipment into compliance with such standards are carried out to
his satisfaction or the equipment is subjected to a test and it is found on
the test that the equipment does comply with the prescribed standards for
that class or another class of transport equipment.
(3) In this Regulation “the qualified person” means the qualified person by whom or under whose direction the examination is carried
out.
PART VI
12 

(1) A certificate of compliance or a certification
plate shall be issued by a certifying officer.
(2) A certifying officer shall issue a certificate
of compliance or a certification plate in respect of a particular class of
transport equipment—
(a) if as a result of a test the transport
equipment is found by a qualified person to comply with the prescribed standards
for the class of transport equipment in respect of which the application for
a test was made or, at the request of the applicant, if the equipment tested
is found to comply with the prescribed standards for another class of transport
equipment; or
(b) in the case of equipment already in service,
if as a result of an examination of the transport equipment a qualified person
concludes that it complies with the prescribed standards for the class of
transport equipment in respect of which the application for an examination
was made or, where the qualified person concludes that the equipment does
not comply, if any repairs to the equipment specified by the qualified person
which will bring the equipment into compliance with such standards have been
carried out to the satisfaction of the qualified person; or
(c) if he is satisfied in accordance with section 4 of the 1976 Act that the equipment
conforms to a type approved in accordance with that section,and in any other case he shall refuse to issue a certificate of
compliance or a certification plate.
13 
A certificate of compliance and a certification plate shall be
in the form, and shall contain the particulars specified, in ATP, Annex 1, Appendix 3.
14 
A certificate of compliance and a certification plate shall, unless
previously cancelled or surrendered, be valid—
(a) if it is issued as a result of a test
of the transport equipment to which it relates, for a period not exceeding
six years from the date on which it is issued;
(b) if it is issued as a result of an examination
of the transport equipment to which it relates, for a period not exceeding
three years from the date on which it is issued;
(c) if it is issued on the basis of compliance
with an approved type, for a period not exceeding six years from the date
on which it is issued.
15 

(1) Where perishable foodstuffs are being
carried in transport equipment on an international journey which is to be
effected entirely by road, or entirely by road and by sea crossing, and there
is to be no transloading during such journey, any certificate of compliance
in force in respect of that equipment shall be carried—
(a) if the transport equipment is a motor
vehicle or a container borne on a motor vehicle, by the driver of the motor
vehicle,
(b) if the transport equipment is a trailer
or a container borne on a trailer, by the driver of the motor vehicle by which
the trailer is drawn.
(2) Where perishable foodstuffs are being
carried in transport equipment on an international journey which is to be
effected by any means other than those specified in paragraph (1) above any certificate of compliance
in force in respect of that equipment shall be in the custody of the operator
of that equipment.
16 
A certification plate issued in respect of transport equipment
shall be affixed to the equipment in the position and in the manner specified
in ATP, Annex 1, Appendix 3.
17 

(1) If a certificate of compliance or a certification
plate has been lost, destroyed or defaced, the operator of the transport equipment
shall forthwith in writing inform a certifying officer of the loss, destruction
or defacement.
(2) If—
(a) a certifying officer is satisfied that
a certificate of compliance or a certification plate has been lost, destroyed
or defaced during the currency thereof and,
(b) in the case of any such certificate or
plate which has been defaced, it is surrendered to a certifying officerthe certifying officer shall, on receipt of the prescribed fee,
issue a copy of such certificate or a duplicate of such plate.
(3) Where a certificate of compliance or
a certification plate has been lost and after a copy or duplicate has been
issued the lost certificate or plate is found and comes into the possession
of the operator of the transport equipment, such operator shall forthwith
return to a certifying officer the certificate or plate which has been found.
(4) In the event of any person to whom a
certificate of compliance has been issued—
(a) requesting a certifying officer to issue
a copy of that certificate and
(b) paying the prescribed feea certifying officer shall issue a copy of that certificate to
such person.
(5) Every copy of a certificate of compliance
issued in accordance with this Regulation shall—
(a) be certified, by the certifying officer
by whom it is issued, as a copy, and
(b) have effect as the certificate of which
it is a copy.
(6) Every duplicate of a certification plate
issued in accordance with this Regulation shall be marked as a duplicate and
shall have effect as the certification plate of which it is a duplicate.
18 
On the application of a person to whom a certificate of compliance
or a certification plate has been issued for the transfer of the certificate
or plate to another person who has become the owner or operator of the transport
equipment to which the certificate or plate relates, and on receipt of the
certificate or plate, a certifying officer may transfer the certificate or
plate to the new owner or operator of the equipment.
19 
A person to whom a certificate of compliance or a certification
plate has been issued may surrender it by submitting it to a certifying officer
with a written statement to the effect that he wishes to surrender the certificate
or plate.
20 

(1) A certifying officer who, following an
examination of transport equipment in respect of which a certificate of compliance
or a certification plate issued in the United Kingdom is in force, is satisfied
that the equipment does not comply with the prescribed standard for the class
of equipment to which the certificate or plate relates may cancel the certificate
or plate.
(2) Where a certifying officer cancels a
certificate or plate he shall notify the holder of the certificate or plate
in writing that it is cancelled and thereupon the holder shall return the
certificate or plate to the certifying officer.
21 
The following documents or plates shall, during the period for
which they are in force, or in the case of document or plate which has not
been issued for a period, during the period from the date of its issue until
the third anniversary of that date or the earlier cancellation of the document
or plate, be recognised as certificates of compliance or certification plates
pursuant to section 3(3)
of the 1976 Act:—
(a) a certificate or plate issued by the
competent authority of a Contracting Party to ATP other than the United Kingdom,
or a Member State of the European Economic Community;
(b) a certificate or plate issued by the
competent authority of a State with which Her Majesty's Government has made
an agreement or arrangement for the mutual recognition of such certificates
or plates;
(c) a certificate issued, before the 1st
October 1979, by the Shipowners Refrigerated Cargo Research Association in
respect of insulated, refrigerated, mechanically refrigerated, or heated transport
equipment used for the international carriage of perishable foodstuffs by
land;
(d) a certificate issued, before the 1st
October 1979, by Lloyd's Register of Shipping in respect of transport equipment
consisting of an insulated, refrigerated, mechanically refrigerated or heated
container;
(e) a certificate or plate issued at any
time in respect of transport equipment by any of the following organisations—
(i) Transfrigoroute Europe,
(ii) Interfrigo, and
(iii) Transfesa;
(f) a copy of a certificate or duplicate
of a plate issued by any authority or body referred to in sub-paragraphs (a) to (e) (inclusive)
above and certified by that authority or body as a copy or duplicate of a
certificate or plate issued by it.
22 
Markings in the form and of the colour and size specified in ATP, Annex 1, Appendix 4
are hereby prescribed as designated marks to be affixed to transport equipment
in respect of which there exists a certificate of compliance, such markings
to be appropriate to the class of equipment to which the certificate relates.
PART VII
23 
Where a certifying officer decides—
(a) in pursuance of section 2 of the 1976 Act and Regulation 12, to refuse to issue a certificate
of compliance or a certification plate; or
(b) in pursuance of section 4 of that Act, that a vehicle does
not conform with a type vehicle; or
(c) in pursuance of Regulation 20, to cancel a certificate of compliance
or a certification plate,
he shall notify the applicant for the certificate or plate,
or for the certificate of conformity under section
4 of the Act of 1976 or the person who was
the operator of the transport equipment immediately before the certificate
or plate was cancelled, as the case may be, and a person aggrieved by any
such decision may, within a period of six weeks from the date of such notification,
appeal to the Secretary of State by notice in writing to the address specified
in the notification, and the Secretary of State may make such determination
on the appeal as he thinks fit.
PART VIII
24 

(1) The fees specified in Part I of the Schedule to these Regulations
are to be paid in connection with the testing of a unit of transport equipment.
(2) The fees specified in Part II of that Schedule are to be paid in connection with the testing and approval of a unit of transport equipment as a type vehicle for the certification of a type vehicle and for the certification of a vehicle which a certifying officer is satisfied conforms with a type vehicle.
(3) The fees specified in Part III of that Schedule are to be paid in connection with the examination of a unit of transport equipment.
25 
The fee of £5 is to be paid for the issue of a certified copy of a certificate of compliance or a duplicate of a certification plate.
Nicholas Ridley
Secretary of State for Transport
12th July 1985
SCHEDULE
(See Regulation 24)
Part I Testing)
1. Fee for the testing of a unit of transport equipment £250
2. Fee for the use of the facilities of a designated station for each day, or part of a day, in which such facilities are used for the purpose of the testing of a unit of transport equipment £220
3. Fee for the certification of a unit of transport equipment which has been tested £55
Part II (Type Approval)
1. Fee for the testing of a unit of transport equipment as a type vehicle and the inspection of arrangements for ensuring conformity of production £750
2. Fee for the use of the facilities of a designated station for each day, or part of a day, in which such facilities are used for the purpose of the testing of a unit of transport equipment as a type vehicle £220
3. Fee for the certification of a type vehicle £325
4. Fee for the certification of a vehicle which a certifying officer is satisfied conforms with a type vehicle £60
Part III (Examination)
1. Fee for the examination at the Refrigerated Vehicle Test Centre of a unit of transport equipment £55
2. Fees for examination at a place other than the Refrigerated Vehicle Test Centre of a unit of transport equipment—
(a) for up to four units presented at the same time for examination, for each unit £160
(b) for each unit in addition £40
3. Fee for the certification of a unit of transport equipment which has been examined £55