In the world of international goods transport, it's vital to manage your documents properly, to ensure that trade flows smoothly and that regulations are respected. Among these documents, the CMR (Convention on the Contract for the International Carriage of Goods by Road) plays a central role. It provides a clear legal framework for defining who does what between the carrier and the other parties involved. This guide is designed to give you a complete overview of the CMR: its role, the obligations of each party, how to fill it in properly, and which documents must accompany the goods. We'll also look at the transition to e-CMR, which makes logistics management simpler thanks to digitization.
CMR: what does it do?
The main role of the CMR is to provide a legal framework and uniform standards to govern contracts for the carriage of goods by road. It protects the interests of the parties involved in these transactions.
The main roles of the CMR include the following rules:
- Carrier/shipper liability: The CMR lays down rules concerning the carrier's liability for loss, damage or delay during carriage. It also defines the limits of this liability.
- Transport documents: The carrier is obliged to provide the shipper with a bill of lading(or consignment note), which is the legal document certifying the contract of carriage and receipt of the goods.
- Claims and deadlines: The convention sets specific deadlines for filing claims in the event of damage, loss or delay, in order to ensure prompt and equitable handling of any disputes between shipper and shipper.
- Shipper's responsibilities: The CMR defines the shipper 's obligations. He must provide the carrier with suitable packaging and accurate information.
- Transfer of responsibility: The convention determines when the carrier's responsibility begins and ends.
- Rights and obligations of the parties: The CMR establishes the specific rights and obligations of the parties involved in international road transport, ensuring fair conditions for all concerned.
The CMR and the different modes of transport
The CMR was designed solely to govern international road freight transport. It does not cover other modes of transport, such as sea, air or rail. Each mode of transport has its own international conventions and regulations governing contracts of carriage and the responsibilities of the parties involved.
Sea freight
- The Bill of Lading (B/L) is the key document for international maritime transport. It certifies the contract of carriage between the shipper and the sea carrier, specifying details of the goods, ports of loading and unloading, conditions of carriage, and so on.
- The 1924 Brussels Convention, the 1978 Hamburg Convention and the Hague-Visby Rules.
Transport by air
- The Air Waybill (AWB) is the document used for international air freight transport. It constitutes the contract of carriage between the shipper and the air carrier, containing details of the goods, airports of departure and arrival, conditions of carriage, etc.
- The Warsaw Convention of 1929 and the Montreal Protocol of 1999 are international conventions governing air carrier liability for freight.
Rail transport
- The CIM (International Convention concerning the Carriage of Goods by Rail) is a convention that regulates the international carriage of freight by rail between shipper and shipper.
Who has to draw up the CMR?
The consignment note can bedrawn up by any of the parties involved in the contract of carriage (shipper, loader). It must be drawn up by the road haulier when transporting goods internationally between two signatory countries.
The carrier is obliged to hand over the CMR to the shipper before the start of transport, and the shipper must keep it throughout the process of transporting the goods. In the event of loss, damage or delay during transport, it plays a crucial role in managing any claims and disputes between the parties involved.
How do I fill in a CMR for transport?
Completing a CMR may vary from country to country, depending on the specific practices of each carrier. However, here is the essential information to include when filling in the consignment note:
- Carrier's full name and address
- Shipper's full name and address
- Full name and address of consignee
- Describe in detail what is being transported, including the nature of the goods, quantity, weight, dimensions, package references, etc.
- Specify loading and unloading points, and agreed delivery times.
- Indicate the value of the goods transported (this may be important for insurance purposes).
- Indicate the carrier's limits of liability in the event of loss, damage or delay.
The consignment note must be signed by both the carrier and the shipper to confirm the contractual agreement. Some CMRs may also include additional information, such as specific instructions for the driver, insurance information, customs instructions, and so on.
It is important to fill it in accurately, and to ensure that all information is complete and correct. The document must be drawn up in several copies, including at least three copies (one for the carrier, one for the shipper and one for the consignee). These copies will be used throughout the shipment for tracking, invoicing and managing any claims.
What documents must accompany the goods?
During the exchange process, it is important to prepare a number of essential documents required for customs clearance. These usually include the commercial invoice,AEO status, proof of origin, binding tariff information, binding origin information, relevant certificates or licenses, as well as VAT and export registers.
However, depending on the means of transport, additional documents usually need to be completed and presented to customs in the destination country for the goods to clear.
CMR bill of lading or CMR consignment note?
CMR bill of lading and CMR consignment note are terms used to refer to the same document. They are used interchangeably and refer to the "Convention on the Contract for the International Carriage of Goods by Road".
However, in some countries or regions, the term "CMR bill of lading" is more commonly used, while in others, the term "CMR consignment note" is preferred. The reason for this is mainly linked to language practices or local conventions. In all cases, the content and role of the document remain the same.
The evolution of the transport CMR into e-CMR
The Road Freight Bill of Lading (CMR) is an essential element in road freight transport in Europe and beyond. Since its introduction, it has mainly existed in paper form, but with the advent of digital technologies, a transition to an electronic version, known as e-CMR, is underway. The e-CMR, which is the dematerialization of the traditional consignment note, offers numerous advantages such as reduced costs, improved traceability, fewer errors, and real-time transmission of information. Its adoption also facilitates cross-border trade and enhances transparency in transport operations. With the support of legal initiatives and stakeholder awareness, e-CMR is set to become the norm, marking a major step in the modernization of the road transport sector.
