The role of intermediaries in the cmr convention
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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

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The role of intermediaries in the cmr convention

The role of intermediaries in the CMR Convention

Geneva, 21 February 2014

  • Jean Acri, IRU


Intermediaries

Intermediaries

Successive carrier

Forwarder(French « commissionnaire »)

Airlinecompany

Traffic participant

Customsclearanceagent

Freight-forwarder

Cargo-handler

Freightbroker

Railways

Multimodal / Intermodal platformoperator

Packer

Shippingcompany

Warehousekeeper

Logisticsoperator

Consignee


The role of intermediaries in the cmr convention1

The role of intermediaries in the CMR Convention

Consignee

Road transport operator

Sender


The role of intermediaries in the cmr convention2

The role of intermediaries in the CMR Convention

The e-CMR Additional Protocol

Only recognises:

  • The sender

  • The carrier

  • The entitled parties (those who can access the data)

  • The parties interested in the implementation of the transport contract (without naming them)

    THE CMR DOES NOT RECOGNISE INTERMEDIARIES A PRIORI... BUT....


The role of intermediaries in the cmr convention3

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

The role of intermediaries in the CMR Convention


The role of intermediaries in the cmr convention4

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

The role of intermediaries in the CMR Convention


The role of intermediaries in the cmr convention5

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

The role of intermediaries in the CMR Convention


The role of intermediaries in the cmr convention6

The role of intermediaries in the CMR Convention

  • The consignor may be:

  • - the actual sender

  • - an organising intermediary (forwarder)

  • a logistics provider, etc.,

    • assuming all obligations of the consignor in relation to the carrier (packing, instructions, etc.)

  • The carrier may be:

  • - the road carrier

  • - an organising intermediary (forwarder in relation to its client)

  • - the first in a chain of successive carriers


The role of intermediaries in the cmr convention7

CONCLUSION:

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

The role of intermediaries in the CMR Convention


The role of intermediaries in the cmr convention8

However, in case of dispute, the different legal systems applicable to intermediaries may create unexpected difficulties

Reference to:

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

The role of intermediaries in the CMR Convention


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