In accordance with article 26.2 of the law 50/1997, of 27 november, the government, we shall now proceed to make the public consultation before the drafting of the draft Order amending the annex 4 of the royal decree 237/2000 of 18 february, the government established the technical specifications that must meet the special purpose vehicles for ground transportation of food and temperature regulated the procedures for the control in accordance with the specifications, and the ICT/370/2021, of 14 april, amending the epidermal of royal decree 237/2000 of 18 february.

The Order ICT/370/2021, of 14 april, amending the epidermal of royal decree 237/2000 of 18 february, the government established the technical specifications for the special vehicles for ground transportation of food and temperature regulated the procedures for the control in accordance with the specifications, updated requirements in the area of control in accordance of special vehicles in service, with the aim of ensuring the conformity of the technical characteristics of the same with the specifications required by the agreement on International Transport of Perishable Goods and on Special Vehicles used in such transport (ATP), done at geneva on 1 september 1970, by harmonizing these demands with the rest of the contracting parties to the agreement.

This order establishes, with regard to the management of isothermal of units in service, vehicles have to undergo a test of verification of the global ratio of thermal transfer, K, when we reach an age of 15 years from the date of manufacture of, and isotermo if kept in service, 24 years, and since then, every three years. That trial, must be made on a test station designated according to article 2 of the aforementioned royal decree. It also establishes a transitional regime of testing for those vehicles that have a length between 15 and 21 years.

Given the geographical location of the stations currently appointed to conduct such tests, and with the aim of facilitating the renewal of certificates of conformityATPfor those vehicles that are perishable goods transport Only in the territory of the autonomous community of The Canary Islands to provide in its turn, the sufficient time to put into service technical facilities make it possible for the owners of vehicles will perform the tests required in the territory of the canary islands, is necessary to adapt the conditions that must be carried out the same, to the particular circumstances of the Autonomous Community of the canary islands, where by their remoteness, insularity and ultra-peripheral status, the implementation of these controls have a decisive impact in economic activity.

Through this order, is amended, on the one hand, the annex 4, which contains requirements related to conformity of special vehicles in service, delayed until 1 july 2026 the entry into force of the provisions relating to the tests to undertake, with some regularity, to the units in the service of more than 15 years, for those vehicles operating Only in the territory of the autonomous community of The canary islands. Similarly, modified by the same objective, the transitional regime established for these vehicles, postponing their entry into force 1 july 2026.

With a view to bringing the legislation on the specific circumstances of the territory of the autonomous community of the canary islands, where by their remoteness, insularity and ultra-peripheral status, the implementation of these controls have a decisive impact in economic activity, providing the sufficient time to put into service technical facilities make it possible for the owners of vehicles will perform the tests required in the territory of the canary islands, through the order ICT/473/2023, from 10 may, amending Royal Decree 237/2000 of 18 february, postponing as at 31 december 2024 the implementation in the autonomous community of The Canary Islands of provisions relating to the testing of units in service.

On 30/04/2024, through resolution no. 253/2024 from the industry directorate-General of the canary islands, authorized the establishment of a test stationATPin the island of Gran Canaria. However, given the time necessary for the commissioning of an installation of these characteristics, the canary islands government, dated 17 june 2024, requested the extension of the postponement of the implementation in the canary islands of the provisions pertaining to the above-mentioned trials by the additional period of 18 months, thus allowing special during that period shall be communicated to the above-mentioned service infrastructure for testing.

The fundamental objective of this rule is to facilitate the renewal of certificatesATPfor those vehicles that are perishable goods transport Only in the territory of the Autonomous Community of the canary islands, given that there was currently no test station (cold tunnel) in that territory, and therefore, those vehicles that they should be a test of verification of the transmission of heat, K, should be moved to any of the tunnels in peninsular spain, leading to an additional cost.

The rule proposed amending the epidermal of royal decree 237/2000 of 18 february does not exist, why alternatives to its regulation by ministerial order.

With regard to the alternative to pass no regulation, would not comply with the request of the government of the canary islands, dated 17 june 2024.

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