S.I. No. 266/1991 - International Carriage of Perishable Foodstuffs (Amendment) Regulations, 1991.

S.I. No. 266 of 1991.

INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS (AMENDMENT) REGULATIONS, 1991.

I, SÉAMUS BRENNAN, Minister for Tourism, Transport and Communications, in exercise of the powers conferred on me by sections 4 , 5 and 7 of the International Carriage of Perishable Foodstuffs Act, 1987 (No. 20 of 1987), as adapted by the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1991 ( S.I. No. 25 of 1991 ), hereby make the following Regulations:

1. These Regulations shall come into operation on the 13th day of December, 1991, and may be cited as the International Carriage of Perishable Foodstuffs (Amendment) Regulations, 1991.

2. These Regulations and the International Carriage of Perishable Foodstuffs Regulations, 1989 ( S.I. No. 52 of 1989 ), may be cited together as the International Carriage of Perishable Foodstuffs Regulations, 1989 and 1991, and shall be construed together as one.

3. The International Carriage of Perishable Foodstuffs Regulations, 1989, are hereby amended—

( a ) by the addition of the following proviso to Regulation 10:

"Provided that in the case of transport equipment manufactured outside the State and first brought into service on or after the 13th day of December, 1991, a test carried out by the competent authority of the State of manufacture (which is a Contracting Party to ATP) which finds that the transport equipment or type equipment to which the equipment conforms complies with the prescribed standards for the class to which that equipment belongs, and for which the appropriate Test Report is completed by that competent authority in accordance with ATP, Annex 1, Appendix 2, shall be accepted for the purposes of these Regulations.";

( b ) by the insertion in Regulation 15, after paragraph (a), of the following paragraph:

"(ai) in the case of transport equipment which is transferred into the State and is first brought into service on or after the 13th day of December, 1991, as a result of a test carried out by the competent authority of the State of manufacture (which is a Contracting Party to ATP) it is found that the equipment or type equipment to which the equipment conforms complies with the prescribed standards for the class to which the equipment belongs and the appropriate Test Report is completed by that competent authority in accordance with ATP, Annex 1, Appendix 2, and is supplied to the certifying authority together with, in the case of transport equipment which is serially produced, the technical specification of the equipment to be certified, or";

and

( c ) by the insertion in Regulation 20, after "in the State", of the words "or recognised pursuant to Regulation 21".

GIVEN under my Official Seal, this 18th day of October, 1991.

SÉAMUS BRENNAN.

Minister for Tourism, Transport and

Communications.

EXPLANATORY NOTE.

These Regulations amend the International Carriage of Perishable Foodstuffs Regulations, 1989 (S.I. No. 52) which gave statutory effect in the State, as from the 22nd day of March, 1989, to the detailed requirements of

( a ) the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage (ATP) signed at Geneva on the 1st day of September, 1970, as amended in accordance with Article 18 thereof, and

( b ) the Agreement on the Rules Governing the Carriage of Frozen and Deep Frozen Foodstuffs by Equipment with Thin Side Walls to and from Italy signed at Paris on the 24th day of June, 1986 (a multilateral agreement pursuant to Article 7 of ATP).

The amending regulations are designed to give effect to amendments to ATP having effect on and from 13 December, 1991 providing for acceptance by States of certain checks for compliance by imported transport equipment with ATP requirements undertaken by the competent authorities of the States from which the transport equipment was exported. As a corollary to the recognition of certificates of compliance or certification plates issued by the competent authority of another State, the amending Regulations empower a certifying authority in the State to cancel such a certificate or plate in the same way as it can cancel a certificate or plate issued by it if it is satisfied that the transport equipment in question does not comply any longer with the ATP requirements for the class of transport equipment to which the certificate or plate relates.