What is the CMR Convention?
The term CMR refers to the "Convention on the Contract for the International Carriage of Goods by Road", an international agreement signed in Geneva in 1956, which regulates contractual relationships for road transport in Europe.
We can state that its primary objective is to unify the legal conditions for the carriage of goods by road between the countries that have ratified it, and this point is important because it means that if you send goods from a country that adheres to the CMR (like Spain) to another country that has also ratified it (like most European countries), your transport will be governed by the same rules, providing great legal certainty.
The CMR Consignment Note: The Indispensable Document
The CMR consignment note is the document issued to formalise the contract of carriage under the CMR Convention. Its possession does not grant ownership of the goods, but it fulfills three essential functions:
Contract of Carriage
It is proof of the agreement between the sender (consignor) and the carrier.
Receipt of Goods
It certifies that the carrier has received the goods at the place and date of loading.
Proof Document
It serves as evidence in case of legal disputes regarding delivery, loss, damage, or delay.
This document is issued in three original copies (for the sender, the carrier, and the consignee), ensuring that all parties have a clear record of the terms of carriage. Nowadays, there is also the digital version, the e-CMR, which offers greater efficiency and is the format favoured by the European Union. From 2027 onwards, the digital format will become mandatory, until, at the end of the convergence period, the paper CMR will cease to be valid.
Essential Content of the CMR Consignment Note
To be valid, the CMR consignment note must include detailed information to identify the cargo, the service, and the parties contractually involved, i.e., from the consignor, the consignee, the contractual carrier, and the actual carrier, as well as any other relevant parties.
The most relevant information contained in the consignment note is:
Party Details
Full name and address of the sender, the carrier, and the consignee.
Description of Goods
Nature, number of packages, weight, volume, and type of packaging.
Places and Dates
Place and date of loading and anticipated delivery.
Special Instructions
Customs instructions, delivery instructions, or any other formalities.
Price and Charges
The cost of transport and other associated charges.
Dangerous Goods
Explicit mention if the cargo is ADR, with its UN Number, class, and other specifications.
Carrier's Liability under CMR
The CMR Convention establishes a clear liability regime for the carrier performing the service. The carrier is responsible for total or partial loss, damage, and delays in the delivery of the goods, from their receipt until their delivery as custodian of the goods, but with certain limits.
However, this liability is limited to a value of 8.33 Special Drawing Rights (SDR) per kilogram of gross weight of the lost or damaged goods. This limitation applies unless fraud or gross negligence on the part of the carrier is proven, in which case other aspects may be considered, potentially even leading to criminal liability, outside the scope of the CMR Convention's coverage.
The convention also covers the grounds for exoneration from liability for the carrier, such as defects in packaging or handling by the sender, similarly indicating the deadlines and methods of communication for these cases so that such exoneration can be applied.
Where Does CMR Apply?
The CMR Convention applies to all contracts for the carriage of goods by road where the place of loading and the place of unloading are in two different countries, provided that at least one of them has ratified the convention.
Currently, most European countries have ratified the CMR Convention, as well as other countries in Asia and North Africa (such as Morocco), making it the de facto standard for international road transport in the region.
Related Documentation
The Loading Receipt
Document that certifies the delivery of goods to the carrier, key in logistics and shipment control.
SAD (Single Administrative Document)
Presents the essential customs form for import and export operations outside the EU.
EAD (Export Accompanying Document)
Document that certifies the effective exit of goods exported from the EU.
EUR-1
Certificate that allows obtaining tariff benefits in exports to countries with preferential agreements.
ATR
Document that certifies the customs status of products between the EU and Turkey, allowing certain tax exemptions.
Transit T1 and T2
Documents that allow the movement of goods under customs control within or outside the EU customs territory.
DGD (Dangerous Goods Declaration)
Mandatory form for the safe transport of dangerous goods, complying with international regulations.
Summary Declaration
Document containing prior information on goods arriving or leaving the customs territory for control and security purposes.