REGULATION

In accordance with Article R231-45 of the Rural and Maritime Fisheries Code (CRPM), carriage of perishable foodstuffs should be selected in categories and classes of equipment to respect, during the transport, storage temperatures set for different food categories.

These devices must have :

A certificate of technical compliance ATP (required for international transport between signatory states of the ATP Agreement);
Or a certificate of technical compliance limited to the national territory to transport equipment recognized as equivalent for the classes defined in the ATP Agreement.

In accordance with article R 231-47 of the CRPM, the certificate of technical compliance is not required for the equipment used in the following cases:

Transport carried out in the event of severe climatic conditions, making it clearly superfluous to produce cold throughout the duration of the transport;
Transportation of any foodstuff chilled or frozen, on a distance from the place of loading less than 80 km without reloading;
Tanker transport of milk and cream used in industry a distance from the place of loading less than 200 km without reloading;
Transport of frozen fish products from a cold store to an approved establishment to be thawed on arrival for the purposes of preparation, when the distance does not exceed 80 km and when the journey time is less than one hour.

Certificates of technical compliance of in service equipment shall be subject to renewal at 6 and 9 years based on a test in one of the testing center recognized by State and at 12-year in an official testing station.

Regulatory framework applicable to the land transport of temperature-controlled foodstuffs

International agreement

ATP Agreement
Agreement on the international carriage of perishable foodstuffs and on the special equipment to be used for such carriage (ATP) (link to UNECE website).

ATP Handbook
The ATP Handbook comprises the Agreement itself and its Annexes with comments added where appropriate for clarification or additional explanation of the text.

French national laws related to transport under controlled temperature

Code Rural, art L 231-1 (control of technical conditions of transport ) et L 231-4-1 (public service delegation )

Code Rural, art. R231-44 à R231-50
on the technical conditions for the transport of foodstuffs under controlled temperature. Articles of the Rural Code created by the Decree n°2021-1858 of 28 december 2021.

Decree of 19 september 2007 modified
on the application of the laws and regulations of the Rural Code relating to veterinary public health and food safety in the institutions and bodies under the Ministry of Defence.

Decree of 2 june 2008 modified
on the designation of Cemafroid as delegated body for the technical review of transport equipment of foodstuffs under controlled temperature and the issuance of official certificates of technical compliance for transport equipment of foodstuffs under controlled temperature.

Decree of 21 December 2009
on health rules applicable to retail, storage, and transportation of animal products and foodstuffs.

Decree of 2 February 2015
defining the concept of local distribution for the application of Council Regulation (EC) No 37/2005 and repealing the decree of 20 July 1998 on the technical and hygienic conditions for the transport of food.

Decree of November 27, 2020
Relating to the technical conditions of the transport of perishable foodstuffs under controlled temperature.

Technical Instruction DGAL/SDSSA/2022-124
relating to the control of land transport vehicles for perishable foodstuffs under controlled temperature.

Service Note DGAL/SDSSA/2017-425 of 10 May 2017
aims to inform the DD(CS)PP and the DAAF of the setting up by a number of professional organizations of a common protocol for controlling the temperatures of the refrigerated foodstuff at the stage of their delivery / reception.

Reference document Manufacturers
Technical Reference Document for Authorisation of Manufacturers, Reconditionners, Thermal Reinsulators of Equipment for Carriage of Perishable Foodstuffs, and Agents Applying for Certification.

Reference document Tests Centers
Technical reference document for recognition of test centers to achieve the renewal applications for certificates of technical compliance of equipment for carriage of perishable foodstuffs (see also BO-AGRI n°50 du 03-12-20).

Additional European legislation having an impact on the design of transport equipment

Regulation (EC) No 37/2005
on the control of temperatures in the means of transport, warehousing and storage of quick-frozen foods intended for human consumption

Regulation (EC) n° 852/2004
Annex II, Chapter IV "Transport hygiene"

Other regulations concerned by transport under controlled temperature

ADR
European Agreement concerning the International Carriage of Dangerous Goods by Road (cf. chapters 5.5.3.6 et 5.5.3.7 of annex A on the marking of cryogenic equipment)

F-Gas Regulation (EC)- No 517/2014 - F-gas
on fluorinated greenhouse gases