What is a CMR bill of lading? A CMR bill of lading is a bill of lading that complies with the guidelines of the international CMR Convention. CMR stands for Convention relative au Contrat de Transport International de Marchandises par Route (Convention on the International Carriage of Goods by Road).
What is the Convention on Contracts for the international carriage of goods by Road (CMR) required by foreign customers? How our Pentanes, Hexanes and Heptanes are transported by international roads to Europe, Russia, Uzbekistan, Afghanistan, Pakistan, India and Southeast Asian countries.
In short, “Convention on Contracts for the international carriage of goods by Road (CMR)” refers to the transport document issued in road transportation. The abbreviation of English convention renewable aucontract de transport international de marchandises par route is the international road cargo waybill. Sometimes the buyer’s certificate requirements are written as way bill / CMR / TIR, etc.
If CMR is explained in detail, what is an international convention first? International conventions refer to the common provisions of many countries specifically aimed at a certain field. Generally, they are the specific provisions between countries on the interests and risks of economy, politics, culture, law, technology and other aspects. After public discussion, they reach an agreement and abide by it jointly after signing. In popular terms, they are the rules of the game formulated by countries for a certain field, The content includes the rights and obligations of States parties signing the Convention, as well as the basis for how to solve problems after they occur.
The history and specific contents of the “Convention on Contracts for the international carriage of goods by road” contain a large amount of information, so it is inconvenient to elaborate here. Interested friends can search by themselves and learn the relevant provisions, rights and responsibilities in the Convention, especially friends majoring in international commercial law, international trade, supply chain and international logistics freight forwarding, which is conducive to solving a large number of business problems related to it in their work. Our logistics partners operated the international road transportation business in Central Asia for many years. Customers often ask about this in their actual work. Here are three important contents summarized and brought to the attention of relevant practitioners.
The international road waybill is not a document of title. It is believed that many international trade and international logistics freight forwarders have understood that neither International Railway nor international road waybill can have property rights like ocean bill of lading, but some people still have problems in this link. After the goods arrive at the destination, the balance has not been recovered and the goods have been taken away. Therefore, before issuing the road waybill, we must do a good job in account control. If the balance is not recovered, we can control the cargo right through the designated transporter to avoid the empty of money and goods.
When transshipping landlocked countries through a third country, the receiving party requires CMR. As some countries are landlocked countries, in case of transshipment to inland countries through the ports of a third country, the consignor will encounter the request of the consignee to provide CMR for local customs clearance. Because most of such transportation will be blocked by the multimodal transport bill of lading issued to the end, even if CMR is involved, it will be ignored. Therefore, many practitioners do not understand the issuer and operation process of this document. If they encounter this matter, they can consult the freight forwarder.
Modify the CMR soft clause in the letter of credit. This link is related to Article 2. For example, if the CMR issuer is the road carrier of a third country, the CMR presentation will be used when the trade parties settle with the letter of credit, but the shipper may not be able to obtain the document. Therefore, in the verification stage, if such soft terms are found, it is necessary to discuss and modify them with the receiver in time to avoid problems in bank presentation. The specific modification method is negotiated by both parties, and there is no specific explanation here.
At present, China has acceded to the Convention on the international carriage of road vehicles in the field of international land transportation; In terms of international railways, China has acceded to the international railway freight transport agreement and the International Convention on railway freight transport; International maritime transport has acceded to the United Nations Convention on the carriage of goods by sea, namely the Hamburg Rules; International air transport has joined the Warsaw Convention and so on; In terms of multimodal transport, we have acceded to the United Nations Convention on international multimodal transport of goods and formulated a large number of domestic legal rules on warehousing and transportation. If we have the opportunity, we will also introduce them in detail.
It can be said that China has joined all major international conventions related to international transportation, making China’s logistics rules seamlessly connected with international rules. Only sound rules can keep domestic and international transportation channels smooth. In addition to abiding by them, we also need to use these rules to protect our interests in international trade.
Bill of lading
A bill of lading is a document issued by a carrier to acknowledge receipt of cargo for shipment. Although the term historically related only to carriage by sea, a bill of lading may today be used for any type of carriage of goods. Bills of lading are one of three crucial documents used in international trade to ensure that exporters receive payment and importers receive the merchandise. The other two documents are a policy of insurance and an invoice. Whereas a bill of lading is negotiable, both a policy and an invoice are assignable. In international trade outside the United States, bills of lading are distinct from waybills in that the latter are not transferable and do not confer title. Nevertheless, the UK Carriage of Goods by Sea Act 1992 grants “all rights of suit under the contract of carriage” to the lawful holder of a bill of lading, or to the consignee under a sea waybill or a ship’s delivery order.
What is a CMR bill of lading?
A CMR bill of lading is a bill of lading that complies with the guidelines of the international CMR Convention. CMR stands for Convention relative au Contrat de Transport International de Marchandises par Route (Convention on the International Carriage of Goods by Road). A bill of lading is a document that is linked to a shipment and describes what the carrier transports from A to B on behalf of the shipper. The CMR Convention is a treaty between European countries and some countries outside of Europe on the legal rules regarding the carriage of goods by road.
What is a bill of lading?
A bill of lading (sometimes abbreviated as B/L or BOL) is a document that states that a carrier is transporting a load from A to B on behalf of the shipper. It is legal proof of the contract of carriage and is also used as a receipt, where the recipient signs the bill of lading. A bill of lading is linked to a shipment that consists of one or more goods that are loaded at one or more places for one client, that are transported with one motor vehicle or trailer, to one recipient. The bill of lading states which goods are contained in a shipment and where they need to be delivered. The bill of lading states whether special obligations must be met for these goods, for example in terms of hazardous substances. The weight is also stated, which can be used to check if a truck is not overloaded. There are different types of bills of lading. The most important is the CMR bill of lading, but there are also bills of lading that are only valid within one country.
The CMR Convention is an international agreement regarding the carriage of goods by road. It applies to the commercial transport of goods in international relations. Provided that at least one country (shipment or destination country) has acceded to the CMR Convention. It should be noted that it applies only to transport provided under a contract of carriage by cars, articulated vehicles, semi-trailers, and trailers.
CMR Convention – Important information
The CMR Convention is extremely useful because it unifies the transport documentation, transports carried out by successive carriers, the conditions of the contract for the carriage of goods by road, the carrier’s liability, the mode of complaints, and complaints, claims arising from the carriage. Entities authorized to operate in the field of international road transport are defined by the provisions of the national law of individual countries. In the case of Poland, this is determined by the Road Transport Act. It is worth noting that the CMR Convention is used when the transport is performed by states, organizations, or governmental institutions. Importantly, when applying the CMR Convention, the carrier is responsible for the actions taken by its employees as for its own.
Bill of lading
The proof of the conclusion of the contract of carriage under the CMR Convention is a consignment note. It is issued in triplicate (each copy has the same legal and evidentiary value). It is signed and stamped by both the sender and the carrier. The first of them takes the sender, the second accompanies the shipment and is intended for the recipient, while the third receives the carrier. Sometimes a fourth copy, so-called back copy, is issued for statistical purposes. If the goods are to be loaded on different vehicles or several batches of products are to be carried, both the sender and the carrier have the right to require the issue of so many waybills, how many vehicles should be used or how many types or batches of goods.
In the event of an irregularity, lack of information, or loss of the bill of lading, all costs incurred because of this by the carrier are borne by the sender. However, the carrier is obliged to check the condition of the goods together with their packaging, as well as the correctness of the details of the waybill with the number of copies, their numbers, and characteristics when receiving the goods.
What does the waybill contain?
The waybill should contain the following data:
a) place and date of issue;
b) name and address of the sender;
c) the name and address of the carrier;
d) place and date of acceptance of the goods for transport and the place of issue;
e) name and address of the recipient;
f) a commonly used description of the type of good and the manner of packaging, and for dangerous goods their generally accepted description;
g) the number of items, their characteristics, and numbers;
h) gross weight or otherwise expressed quantity of goods;
i) transport-related costs (transportable, additional costs, customs duties and other costs arising from the time of conclusion of the contract to the time of delivery);
j) instructions necessary to complete customs and other formalities;
k) a declaration that the carriage, regardless of any contrary clause, is subject to the provisions of this Convention.
When the CMR Convention does not apply
The CMR Convention does not apply to the carriage of postal items, corpses, and cargo belonging to displaced persons. Besides, it is not used when concluding shipping contracts. Contracts are deemed to be such, the essence of which is not to carry out the transport but only to its organization. The carrier does not have to carry out the transport personally. It follows that whether the convention is applicable or not is determined by the content of the undertaking. Therefore, if the basis of the contract is the performance of the transport, then the provisions of the Convention will apply.