Controlled temperature distribution is already one of the most tightly
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regulated and expensive sectors of the haulage industry. And now reefer operators are likely to face yet more controls in the shape of fresh legislation from both Whitehall and Brussels...
What is ATP?
ATP is "The Agreement on the International Carriage of Perishable Foodstuffs and the Special Equipment to be used for such carriage". It is designed to maintain a standard of hygiene by governing the technical specifications of refrigerated vehicles and their testing procedures when they are used to carry a specified list of Foodstuffs.
ATP is a United Nations agreement that was introduced in 1970, so for some 30 countries, including the UK, are signatories; the EU has no jurisdiction. Recent moves by Russian transport officials to include fruit and vegetables in ATP have been rejected. The Russians are concerned about the amount of food coming into the country that has started to perish, but the UN decided that this is a qualitative issue rather than one of hygiene. The UK government is setting up a Food Standards Agency to create legislation governing the handling and transport of perishable foodstuffs. It will be charged with reducing the risk of incidents such as last year's E Coll outbreak in Scotland (see top right).
Meanwhile, over the Channel, officials in Brussels plan to adopt the agreement on the international carriage of perishable foodstuffs (ATP) into an EU Directive.
But before international reefer operators throw their hands up in horror and bemoan the onset of yet more legislation, they might take comfort from two things; firstly, any new
legislation is several years away; and secondly, officials in DG7 (the Brussels version of the UK's Department of Transport) seem determined to ensure that EU legislation must not place any additional burdens on hauliers.
There is no timetable for adopting ATP into EU—talks haven't even started on the subject as the BSE crisis has hijacked so much of the Union's time over the past few years.
Even when the talks do begin the legislative procedure is complicated and lengthy (see opposite), But the idea is on the agenda of Brussels DG3 (the department that looks after industry), and DG3 believes that vehicle operators throughout EU should be governed by the same laws.
Nonetheless, UK operators remain cautious. John Harding, managing director of JR Harding, says: "The onus is on the operator to make sure he complies with the law—even though some of it is silly. But we're in the industry and we've got to comply. There's not much more legislation you can bring in."
Harding runs some 45 reefers out of Frome, Somerset, and they all comply with ATP regs, even though they rarely go outside the UK. And when his trucks do go overseas, their ATP certification is never checked.
The international arm of the temperaturecontrolled distribution association, Transfrigoroute International, welcomes any attempt to raise standards: "We're in favour of standards that raise the level of professionalism in the industry," says Joe Grealy, vice-president of Transfrigoroute International's technical corn mittee. "Because refrigerated distribution accounts for 10% of goods moved in any European country, it's a very visible industry and it's been attacked because of all the environmental issues.
"If it's not abiding by basic standards then why should some operators comply with the law and others get away with murder?"
Grealy is also concerned about unfair competition between international reefer operators across Europe. "ATP is not applied uniformly and therefore some countries' operators are more competitive than others," he claims. "With cabotage happening this month and the opening of the transport market, it's important that everyone plays by the same rules."
This is not the first time that the adoption of ATP into EU law has been mooted. Attempts were made back in 1995, but the idea didn't wain much support from member states because it would have applied to national as well as international journeys.
"We have no problem with it, providing it doesn't bite nationally," says a UK Department of Transport official. "ATP by definition is an international agreement for international transport operators; it is not there to be applied domestically" Even at this early stage it is clear that any proposal is going to be fraught with complications, not least because many countries outside the EU comply with ATP, but not with some of the stricter laws governing EU vehicles (not least those requiring reefers to be fitted with temperature-recording devices). However, UK hauliers might be reassured by this comment from a Brussels transport official: "If you're not careful you end up burdening your own industry with rules with which vehicles from Romania, Slovenia or Moldavia and other non-EU states don't have to comply. We won't let it go through with a nod of the head...we want to discuss it."
No doubt the food industry will continue to be hit by food scares—but clamping down on an already highly-regulated transport industry is not necessarily the answer.
Carefully considered legislation applying to all operators across Europe is a fairer approach, and one that will be more acceptable to the temperature-controlled industry.
7 by Nicky Clarke
How EU legislation is passed
The European Commission decides to include an issue in its agenda. Relevant departments are notified and working parties are set up to discuss a proposal in the form of a directive or a regulation.
These working parties attend councils, which often comprise Brussels officials standing in for member states' ministers. A draft directive is agreed and put before European Parliament, which cannot veto legislation under the cooperation procedure. Amendments are made by the council and the directive goes before the parliament again for approval. This process can be repeated several times until agreement is reached between commission and parliament. The Act will then be passed and each EU state adopts the directive, either by incorporating it into existing law or by formulating a new Act.
Under the co-decision procedure, under which the European Parliament has a power of veto, there is much more to-ing and fro-ing between the council and parliament.
The Food Standards Agency
In January Agriculture Minister Jack Cunningham used a White Paper to launch his plan for a F000 Standards Agency.
A Commission of 12 members will be tasked to protect public health in relation to food. In consultation with the food industry and Transfrigoroute, they will formulate policy, procedures and legislation governing the provision, handling and transport of perishable foodstuffs. Any new legislation will supersede the Food Safety Act that was introduced in 1990.
A bill is being drafted to establish the agency, which is likely to begin operating at the end of next year.