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STATUS AS AT : 17-04-2014 08:24:01 EDT
CHAPTER XI
TRANSPORT AND COMMUNICATIONS
B . Road Traffic
22 . Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (ATP) 1
Geneva, 1 September 1970
Entry into force
:
21 November 1976, in accordance with article 11(1).
Registration :
21 November 1976, No. 15121
Status :
Signatories : 7. Parties : 48
Text :
United Nations,  Treaty Series , vol. 1028, p. 121; depositary notifications C.N.343.1980.TREATIES-8 of 4 December 1980, C.N.211.1982.TREATIES-6 of 30 September 1982 and C.N.292.1982. TREATIES-9 of 20 December 1982 (addendum), vol. 1347, p. 342, C.N.243.1985.TREATIES-4 of 18 October 1985, C.N.280.1985.TREATIES-5 of 11 November 1985; C.N.54.1986.TREATIES-2 of 7 April 1986 (corrigendum), C.N.286.1985. TREATIES-6 of 12 November 1985; C.N.155. 1986.TREATIES-5 of 26 August 1986 (addendum); C.N.199.1987.TREATIES-5 of 5 October 1987 and C.N.266.1987.TREATIES-6 of 14 December 1987 (addendum), C.N.59.1988.TREATIES-1 of 6 May 1988 (addendum); C.N.305.1980.TREATIES-6 of 10 November 1980; C.N.185.1984. TREATIES-4 of 21 August 1984 (amendments to annex 3); C.N.123.1989.TREATIES-2 of 27 June 1989 (amendments to annex 2); C.N.165.1989. TREATIES-3 of 14 August 1989, C.N.229.1989. TREATIES-4 of 29 September 1989; C.N.9.1990.TREATIES-1 of 12 March 1990 and C.N.319.1990.TREATIES-7 of 15 March 1990 (corrigendum); C.N.190.1991.TREATIES-2 of 18 October 1991 and C.N.85.1992.TREATIES-2 of 15 June 1992 (amendments to annex 1); C.N.450.1993.TREATIES-3 of 30 December 1993 (amendments to annex 1); C.N.397.1994.TREATIES-4 of 24 February 1995 (amendments to article 18 and annex 1); C.N.414.1994.TREATIES-6 of 13 February 1995 (amendments to annexes 2 and 3); C.N.71.1996.TREATIES-1 of 13 May 1996 (transmission of annex 2, appendix 2); C.N.416.1994.TREATIES-7 of 22 February 1995 (amendments to annex 1)  and C.N.309.1997.TREATIES-2 of 30 July 1997 (amendments to articles 5 and 10 (1) ); C.N.919.1998.TREATIES-6 of 27 July 1998 (proposal of amendments to article 18 and to annex 1, appendix 4); C.N.1241.1999.TREATIES-5 of 7 February 2000 (Notification under article 18 (2) (b) of the Agreement);C.N.55.2000.TREATIES-1 of 7 February 2000 (Notification under article 18 (2) (b) of the Agreement); C.N.83.2000.TREATIES-3 of 16 February 2000 (Objection and notification under article 18 (2) (b) of the Agreement:  Germany); C.N.1001.2000.TREATIES-4 of 27 October 2000 (adoption of amendments to annex 1, appendix 4); C.N.70.2000.TREATIES-2 of 11 February 2000 (Proposal of amendments to Annex 1, Appendix 4) and C.N.563.2000.TREATIES-3 of 15 August 2000 (adoption of amendments to annex 1, appendix 4); C.N.63.2001.TREATIES-1 of 15 February 2001 (proposal of amendments to annex 1, appendices 2 and 3) and C.N.651.2002.TREATIES-2 of 20 June 2002 (acceptance); C.N.106.2002.TREATIES-1 of 7 February 2002 (Proposal of amendments to annex 1, appendix 1), C.N.703.2002.TREATIES-2 of 1 July 2002 (Germany: notification under article 18 (2) (b) of the Agreement and C.N.363.2003.TREATIES-4 of 7 May 2003 (acceptance)2; C.N.228.2003.TREATIES-2 of 12 March 2003 et doc. TRANS/WP.11/206 (Proposal of amendments to annexes 1 and 3), C.N.663.2003.TREATIES 6 of 27 June 2003 [Germany: Notification under article 18(2)(b) of the Agreement)]3; and C.N.616.2004.TREATIES-1 of 15 June 2004 (Acceptance of amendments to Annexes 1 and 3); C.N. 1535.2003.TREATIES-7 of 19 December 2003 (Proposal of amendments to Annex 1, Appendix 2) and C.N.646.2004.TREATIES-1 of 21 June 2004 (Acceptance of amendments to Annex 1, Appendix 2); C.N.500.2005.TREATIES-3 of 27 June 2005 (Proposal of amendments to Annex 1, Appendix 1); C.N.481.2005.TREATIES-2 of 13 July 2005 and doc.TRANS/WP.11/2005/2 (amendments to Annex 1); C.N.261.2006.TREATIES-1 of 29 March 2006 and re-issued on 5 April 2006 (Proposal of amendments to Article 2 and Annexes 1 and 2 ) and C.N.673.2006.TREATIES-2 of 29 August 2006 (Germany: Objection to theproposal of amendments to article 2 and Annexes 1 and 2); C.N.525.2007.TREATIES-2 of 1 May 2007 (Proposal of amendments to the ATP) and C.N.1065.2007.TREATIES-5 of 8 November 2007 (Germany: Objection to the proposal of amendments to the Agreement)4; C.N.138.2008.TREATIES-1 of 6 March 2008 (Proposal of amendments to the ATP) and C.N.610.2008.TREATIES-3 of 27 August 2008 (Germany: Notification under article 18 (2) of the Agreement); C.N.357.2009.TREATIES-2 of 11 June 2009 (Acceptance of the amendments to theATP); C.N.191.2009.TREATIES-1 of 2 April 2009 (Proposal of amendments to Annex I of the ATP) and C.N.674.2009.TREATIES-4 of 29 September 2009 (Germany: Communication pursuant to article 18 (2) of the Agreement); C.N.522.2009.TREATIES-3 of 26 August 2009 (Proposal of corrections to the proposed amendments to Annex I of the ATP) and C.N.853.2009.TREATIES-5 of 1 December 2009 (Corrections to the proposed amendments to Annex I of the ATP); C.N.181.2010.TREATIES-1 of 22 March 2010 (Proposal of correction to Annex 1, Appendix 2 of the Agreement); C.N.398.2010.TREATIES.2 of 23 June 2010 (Correction to Annex 1, Appendix 2 of the Agreement); C.N.430.2010.TREATIES-3 of 12 July 2010 (Acceptance of Amendments to the Agreement); C.N.572.2010.TREATIES-4 of 20 September 2010 (Proposal of correction to Annex 1, Appendix 2 of the Agreement) and C.N.777.2010.TREATIES-5 of 21 December 2010 (Correction to Annex 1, Appendix 2 of the Agreement); C.N.67.2011.TREATIES-1 of 11 February 2011 (Proposal of amendments to the Annexes to the ATP), C.N.493.2011.TREATIES-2 of 27 July 2011, (Germany: Communication pursuant to article 18 (2) of the Agreement) and C.N.260.2012.TREATIES-XI.B.22 (Acceptance of amendments to the Agreement); C.N.759.2011.TREATIES-3 of 28 November 2011 (Proposal of corrections to article 2 and Annex 1, Appendix 3A of the Agreement) and C.N.92.2012.TREATIES-1 of 27 February 2012 (Corrections to article 2 and Annex 1, Appendix 3A of the Agreement); C.N.807.2011.TREATIES-8 of 23 December 2011 (Proposal of amendments to Annex I to the ATP)5, C.N.274.2012.TREATIES-2 of 22 May 2012 (Germany: notification under article 18 (2) (b) of the Agreement) and C.N.203.2013.TRATIES-XI.B.22 of 27 March 2013 (Acceptance); C.N.127.2013.TRATIES-XI.B.22 of 4 February 2013 (Proposal of correction to Annex 1, Appendix 2, paragraph 2.2.4 B of the ATP) and C.N.267.2013.TRATIES-XI.B.22 of 15 May 2013 (Correction to Annex 1, Appendix 2, paragraph 2.2.4 B of the ATP); C.N.142.2013.TRATIES-XI.B.22 of 13 February 2013 (Proposal of amendments to the Annexes to the ATP), C.N.262.2013.TREATIES-XI.B.22 of 30 April 2014 (Germany: notification under article 18 (2) (b) of the Agreement)6; C.N.1049.2013.TRATIES-XI.B.22 of 31 December 2013 (Proposal of amendments to Annex I), C.N.129.2014.TREATIES-XI.B.22 of 3 April 2014 (Germany: notification under article 18 (2) (b) of the Agreement)7; C.N.1.2014.TRATIES-XI.B.22 of 2 January 2014 (Proposal of corrections to Annex 1, Appendices 2 and 3) and C.N.208.2014.TRATIES-XI.B.22 of 15 April 2014 (Corrections).
Participant
Signature
Definitive signature(s), Ratification, Accession(a), Succession(d)
Albania
  26 Jan 2005 a
Andorra
  14 Jul 2008 a
Austria
28 May 1971
 1 Mar 1977
Azerbaijan
   8 May 2000 a
Belarus
   3 Aug 2001 a
Belgium
   1 Oct 1979 a
Bosnia and Herzegovina 8
  12 Jan 1994 d
Bulgaria
  26 Jan 1978 a
Croatia 8
   3 Aug 1992 d
Czech Republic 9
   2 Jun 1993 d
Denmark
  22 Nov 1976 a
Estonia
   6 Feb 1998 a
Finland
  15 May 1980 a
France 10
   1 Mar 1971 s
Georgia
  30 Nov 1998 a
Germany 11, 12
 4 Feb 1971
 8 Oct 1974
Greece
   1 Apr 1992 a
Hungary
   4 Dec 1987 a
Ireland
  22 Mar 1988 a
Italy
28 May 1971
30 Sep 1977
Kazakhstan
  17 Jul 1995 a
Kyrgyzstan
  22 Oct 2012 a
Latvia
   6 Feb 2003 a
Lithuania
  28 Apr 2000 a
Luxembourg
25 May 1971
 9 May 1978
Monaco
  24 Oct 2001 a
Montenegro 13
  23 Oct 2006 d
Morocco
   5 Mar 1981 a
Netherlands 14
28 May 1971
30 Nov 1978
Norway
  14 Jul 1979 a
Poland
   5 May 1983 a
Portugal
28 May 1971
15 Aug 1988
Republic of Moldova
  11 Sep 2007 a
Romania
  22 Apr 1999 a
Russian Federation
  10 Sep 1971 a
Serbia 8
  12 Mar 2001 d
Slovakia 9
  28 May 1993 d
Slovenia 8
   6 Aug 1993 d
Spain
  24 Apr 1972 a
Sweden
  13 Dec 1978 a
Switzerland
28 May 1971
 
Tajikistan
  28 Dec 2011 a
The former Yugoslav Republic of Macedonia 8
  20 Dec 1999 d
Tunisia
   3 Apr 2007 a
Turkey
  21 Dec 2012 a
Ukraine
  25 Jul 2007 a
United Kingdom of Great Britain and Northern Ireland
   5 Oct 1979 a
United States of America
  20 Jan 1983 a
Uzbekistan
  11 Jan 1999 a
Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made upon definitive
signature, ratification, accession or succession. For objections thereto, see hereinafter.)
Bulgaria 15

Declarations:
       The People's Republic of Bulgaria declares that article 9, which entitles only States members of the Economic Commis- sion for Europe to become Parties to the Agreement, is discrimi- natory.  The People's Republic of Bulgaria also declares that article 14, pursuant to which a State may declare that the Agreement will also be applicable to territories for the international relations of which that State is responsible, is contrary to the General Assembly's Declaration on the Granting of Independence to Colonial Countries and Peoples of 14 December 1960.

Czech Republic 9

Hungary
       "[The Government of the Hungarian People's Republic] does not consider itself bound by article l5, paragraphs 2 and 3, of the Agreement."

Poland 16

Russian Federation

Reservation:
       The Union of Soviet Socialist Republics does not consider itself bound by the provisions of article15, paragraphs 2 and 3, of the Agreement relating to the mandatory submission to arbitration, at the request of one of the Parties, of any dispute concerning the interpretation or application of the Agreement.

Declarations:
       The Union of Soviet Socialist Republics deems it necessary to state that the provisions of article 9 of the Agreement, which limit the circle of possible participants to this Agreement, are of a discriminatory character, and states that, in accordance with the principles of sovereign equality among States, the Agreement should be opened for participation by all European States without any discrimination or restriction;
       The provisions of article 14 of the Agreement under which Contracting Parties may extend its applicability to territories for the international relations of which they are responsible, are outmoded and contrary to the Declaration of the United Nations General Assembly on the Granting of Independence to Colonial Countries and Peoples (resolution 1514 (XV) of 14 December 1960).

Slovakia 9

United States of America

Declaration:
       "The Agreement does not apply to carriage in the United States of America and its territories."

Objections
(Unless otherwise indicated, the objections were received
upon definitive signature, ratification, accession or succession.)
France

13 January 1984

       [The French Government] considers that only European States can formulate the declaration provided for in article 10 with respect to carriage performed in territories situated outside Europe.
       It therefore raises an objection to the declaration by the Government of the United States of America and, consequently, declares that it will not be bound by the ATP Agreement in its relations with the United States of America.

Italy

19 January 1984

       [ Same objection as under France. ]

United States of America
       21 September 1984
       "The United States considers that under the clear language of article 10 [of the Agreement], as confirmed by the negotiating history, any State party to the Agreement may file a declaration under that article.  The United States therefore considers that the objections of Italy and France and the declarations that those nations will not be bound by the Agreement in their relations with the United States are unwarranted and regrettable.  The United States reserves its rights with regard to this matter and proposes that the parties continue to attempt cooperatively to resolve the issue."

End Note
1.Although listed in this chapter for reasons of convenience, this agreement is not limited to transport by road.
2.In a communication received on 2 July 2002, the Government of Germany notified the Secretary-General, pursuant to article 18 (2) (b) of the Agreement, that although it intended to accept the proposal transmitted by C.N.106.2002.TREATIES-1 of 7 February 2002 to amend the Agreement, the conditions necessary for such acceptance were not yet fulfilled. In view of this and in accordance with the provisions of paragraphs 2 and 5 of article 18, the proposed amendments were deemed to have been accepted as, before the expiry of a period of nine months following the expiry of the period of six months indicated in depositary notification C.N.703.2003.TREATIES-2 of 10 July 2002, i.e. before 7 May 2003, the Government of Germany had not submitted an objection to the said proposed amendments. In accordance with article 18 (6), the amendments will enter into force six months after the date of acceptance, i.e. on  7 November 2003.
3.In a communication received on 26 June 2003, the Government of Germany notified the Secretary-General, pursuant to article 18 (2) (b) of the Agreement, that although it intended to accept the proposal, transmitted by C.N.228.2003.TREATIES-2 of 12 March 2003 to amend the Agreement, the conditions necessary for such acceptance were not yet fulfilled. In view of this and in accordance with the provisions of paragraphs 2 and 5 of article 18, the proposed amendments were deemed to have been accepted as, before the expiry of a period of nine months following the expiry of the period of six months indicated in depositary notification C.N.663.2003.TREATIES-6 of 27 June 2003, i.e. before 12 June 2004, the Government of Germany had not submitted an objection to the said proposed amendments. In accordance with article 18 (6), the amendments will enter into force six months after the date of acceptance, i.e. on  12 December 2004.
4.Other amendments to the Agreement were also proposed by various States as indicated hereinafter, but not accepted, one or more objections thereto having been notified to the Secretary-General:

3

Proposed by:Articles or Annexes:Depositary notification reference:
DenmarkAnnex 3C.N.154.1977.TREATIES-3 of 1 June 1977 and C.N.44.1978.TREATIES-2 of 28 March 1978.  
Annex 3C.N.248.1981.TREATIES-5 of 29 September 1981, C.N.52.1982.TREATIES-2 of 15 March 1982 and C.N.116.1982.TREATIES-4 of 17 May 1982.  
United KingdomAnnexes 2 and 3C.N.318.1983.TREATIES-4 of 20 October 1983 and C.N.78.1984.TREATIES-2 of 16 July 1984.  
FranceAnnex 1C.N.224.1984.TREATIES-5 of 25 September 1984 and C.N.79.1985.TREATIES-3 of 12 April 1985.  
Annex 1C.N.66.1985.TREATIES-2 of 30 July 1985, C.N.14.1986.TREATIES-1 of 10 March 1986, and C.N.243.1986.TREATIES-6 of 4 December 1986.  
ItalyArticle 10 (1)  C.N.121.1988.TREATIES-3 of 30 June 1988 and C.N.211.1988.TREATIES-5 of 26 October 1988.  
GermanyAnnex 1*C.N.85.1992.TREATIES-2 of 15 June 1992 and C.N.469.1992.TREATIES-5 of 31 December 1992.  
Annex 3C.N.131.1994.TREATIES-1 of 15 June 1994 and C.N.401.1994.TREATIES-5 of 3 February 1995 (corrigendum) and C.N.337.1994.TREATIES-3 of 3 February 1995.  
C.N.231.1996.TREATIES-3 of 12 July 1996 and C.N.54.1997.TREATIES-1 of 31 March 1997.  
Secretary-GeneralAnnex I**C.N.34.1998.TREATIES-1 of 18 February 1998  
Secretary-GeneralArticle 18C.N.57.1998.TREATIES-2 of 26 February 1998  
Secretary-GeneralAnnex 3***C.N.1038.1999.TREATEIS-3 of 23 November 1999 and C.N.347.2000.TREATIES-7 of 5 June 2000  
ItalyArticle 18C.N.257.2003.TREATIES-3 of 27 March 2003 and C.N.521.2003.TREATIES-4 of 29 May 2003  
GermanyAnnex I****C.N.1177.2005.TREATIES-4 of 1 December 2005  
GermanyAnnex I, Appendix 1****C.N.1180.2005.TREATIES-4 of 1 December 2005  
Working partyArticle 2 and Annexes 1 and 2*****C.N.673.2006.TREATIES-2 of 29 August 2006


*  The objectionendments proposed by Germany to annex 1, appendix 2, paragraphs 6, 8, 10 and 18 of the Agreement.

** On 11 November 1998, the Government of the Federal Republic of Germany informed the Secretary-General that “[it] had accepted the proposals, transmitted by C.N.309.1997.TREATIES-2 to amend the ATP Agreement after having fulfilled the conditions necessary for such acceptance.''.

***  On 25 April 2000, the Government of Germany notified the Secretary-General that although it intended to accept the proposal, the condtions necessary for such acceptance were not yet fulfilled.

**** On 16 november 2005 the Government of Germany notified the Secretary-General that “The Federal Republic of Germany objects that the amendments dated 27 June 2005 and 13 July 2005 were not consolidated.  This would have been advisable for reasons of efficiency since the two amendments were made in close succession. The amendment dated 27 June 2005 concerns Annex 1, Appendix 1, paragraphs 2 and 4 of the ATP.  Both paragraphs were however redrafted by the amendment of 13 July 2005, which contains a new version of the entire Annex 1 of the ATP and did not take account of the amendments of 27 June 2005.  The revised version of Annex 1 therefore does not reflect the latest changes to those paragraphs.   It is thus necessary for the amendments of 27 June 2005 to be considered before the new version enters into force".

***** On 14 August 2006, the Government of Germany notified the Secretary-General that "The Federal Republic of Germany objects to the proposal (amendments to Article 2 and Annexes 1 and 2 to the ATP) transmitted by C.N.261.2006.TREATIES-1 Reissued of 5 April 2006.

First of all the Federal Republic of Germany objects to the proposed deletion of Article 2, third sentence of the ATP. According to this sentence each Contracting Party can recognize the validity of certificates stating the compliance with the standards of the ATP and issued by the competent authorities of Non-Contractingy in conformityh the requirements of annex 1, appendices 1 and 2 to this Agreement. There is no apparent reason why this form of recognition should no longer apply.

The Federal Republic of Germany also objects to the amendments of the text of annexes 1 and 2 of the ATP which consist for the most part in a mere rectification. Only in a few cases do they contain significant changes such as the regulations on the Kit bodies. It is not immediately clear which amendments imply real innovations and which simply include editorial rewording. The Federal Republic of Germany therefore requests a revised version of the text of the annexes 1 and 2 to the ATP, i.e. a consolidated text without modification instructions. A new version will be needed in any case in order to make the ATP easier for users to read.

The Federal Republic of Germany therefore suggests the following modification procedure consisting of two logical steps:

1. First of all annexes 1 and 2 to the ATP would be modified to only take account of the actual technical innovations adopted by the Working Party during the 60th and 61st sessions.

2. Subsequently, the text of annexes 1 and 2 to the ATP would be completely rectified with the objective of producing a consolidated version of annexes 1 and 2."

In accordance with the provisions of paragraph 2 and 4 of article 18 of the Agreement, the proposal of amendments to Article 2 and Annexes 1 and 2 of the ATP is deemed not to have been accepted and is of no effect, the objection by the Government of Germany having been received by the Secretary-General before the expiry of the six-month period provided for in article 18 (2), i.e. before 29 September 2006.

5. In a communication received on 16 May 2012, the Government of Germany notified the Secretary-General, pursuant to article 18 (2) (b) of the Agreement, that although it intended to accept the proposal transmitted by C.N.807.2011.TREATIES-8 of 23 December 2011 to amend the Agreement, the conditions necessary for such acceptance were not yet fulfilled.
6. On 25 April 2013, the Government of Germany notified the Secretary-General, pursuant to article 18 (2) (b) of the Agreement, that although it intends to accept the proposal of amendments to the ATP transmitted by C.N.142.2013.TREATIES-XI-B-22 of 13 February 2013, the conditions necessary for such acceptance are not yet fulfilled.
7. On 28 March 2014, the Government of Germany notified the Secretary-General, pursuant to article 18 (2) (b) of the Agreement, that although it intends to accept the proposal of amendments to the ATP transmitted by C.N.1049.2013.TREATIES-XI-B-22 of 31 'December 2013, the conditions necessary for such acceptance are not yet fulfilled.
8.The former Yugoslavia had acceeded to the Agreement on 21 November 1975. See also note 1 under “Bosnia and Herzegovina”, “Croatia”, “former Yugoslavia”, “Slovenia”, “The Former Yugoslav Republic of Macedonia” and “Yugoslavia” in the “Historical Information” section in the front matter of this volume.
9.Czechoslovakia had acceded to the Convention on 13 April 1982, with a reservation and a declaration. For the text of the reservation and the declaration, see United Nations,  Treaty Series , 1272, p. 439. See also note 1 under “Czech Republic” and note 1 under “Slovakia” in the “Historical Information” section in the front matter of this volume.
10.The Agreement was first signed without reservation as to ratification by the French Plenipotentiary on 20 January 1971.  The signature affixed on 1 March 1971 signifies the approval of the text of the Agreement as corrected in accordance with the decision taken by the Inland Transport Committee of the Economic Commission for Europe at its thirtieth session (1 to 4 February 1971).
11.See note 1 under “Germany” regarding Berlin (West) in the “Historical Information” section in the front matter of this volume.
12.The German Democratic Republic had acceded to the Agreement on 14 April 1981 with a reservation and a declaration. For the text of the reservation and the declaration, see United Nations, Treaty Series , vol. 1223, p. 419. See also note 2 under “Germany” in the “Historical Information” section in the front matter of this volume.
13.See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.
14.For the Kingdom in Europe.
15.In a notification received on 6 May 1994, the Government of Bulgaria notified the Secretary-General that it had decided to withdraw the reservation made upon accession to article 15 (2) and (3). For the text of the reservation, see United Nations, Treaty Series , vol. 1066, p. 347.
16.On 16 October 1997, the Government of Poland notified the Secretary-General that it had decided to withdraw its reservation with regard to article 15, paragraphs 2 and 3 of the Agreement made upon accession. For the text of the reservation see United Nations, Treaty Series , vol. 1314, p. 287.