The role of intermediaries in the CMR Convention. Geneva, 21 February 2014. Jean Acri, IRU. Intermediaries. Successive carrier. Forwarder ( French « commissionnaire »). Airline company. Traffic participant. Customs clearance agent. Freight - forwarder. Cargo- handler.
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The role of intermediaries in the CMR Convention
Geneva, 21 February 2014
Forwarder(French « commissionnaire »)
Multimodal / Intermodal platformoperator
Road transport operator
The e-CMR Additional Protocol
THE CMR DOES NOT RECOGNISE INTERMEDIARIES A PRIORI... BUT....
Article 2 CMR:
Where the vehicle containing the goods is carried over part of the journey by sea, rail, inland waterways or air, and the goods are not unloaded from the vehicle,
In case of damage, the carrier is sought according to the rules applicable to the transport mode under which the damage occurred.
The road carrier becomes:
a consignor vis-à-vis carriers of other transport modes
an intermediary between its client and carriers of other modes
Article 3 CMR:
The carrier shall be responsible for the acts and omissions of his agents and servants and of any other persons of whose services he makes use for the performance of the carriage (…).
The road carrier becomes:
a principal vis-à-vis those persons whose services it resorts to
an intermediary vis-à-vis its client
Articles 34, 35, 36 et 37 CMR:
If carriage governed by a single contract is performed by successive road carriers, each of them is becoming a party to the contract of carriage.
Legal proceedings in respect of liability for damage or delay may be brought against the first carrier, the last carrier or the carrier who was performing that portion of the carriage during which the event causing the loss, damage or delay occurred.
They are fully responsible
But they are entitled to a share of compensation
Although the CMR and its Additional Protocol do not explicitly mention transport intermediaries, the wording was far-sighted enough to accommodate their involvement
In practice, intermediaries have been integrated into the legal framework of the Contract for the International Carriage of Goods by Road
However, in case of dispute, the different legal systems applicable to intermediaries may create unexpected difficulties
IRU General Conditions for the International Carriage of Goods by Road (3 November 2011)
IRU General Conditions for the International Carriage of Goods by Road and Logistic Services (3 November 2011)
… may help carriers to preventtheserisks