Policy & Compliance
Article 11 CMR Convention – Protection for transit movers
T he CMR Convention – an instrument of international 1956 governing the contractual relations for the international carriage of goods by road between the sender, the carrier and the consignee – is often overlooked in the context of international freight forwarding, or its signi fi cance is reduced to matters related to damage or loss of goods. The Convention, however, may prove more important than at first sight in relation to Customs compliance and potential liabilities related to duties and taxes and it is important that Members are aware of their rights and obligations when moving goods by road. private law adopted on 19 May In August 2023, BIFA published an article detailing a case study about how Article 23.4 of the CMR Convention was successfully used in a dispute involving payment of excise duty where the transported goods were stolen. A link can be found at: https://bifa.org/information- guidance/bifalink/ In this issue we would like to look at Article 11 of the CMR Convention, the text of which is quoted below: 1. For the purposes of the Customs or other formalities that have to be completed before delivery of the goods, the sender shall attach the necessary documents to the consignment note or place them at the disposal of the carrier and shall furnish him with all the information which he requires. 2. The carrier shall not be under any duty to enquire into either the Article 11 makes it clear that it is the sender who is responsible for provision of all the necessary documentation required for the completion of Customs formalities
accuracy or the adequacy of such documents and information. The sender shall be liable to the carrier for any damage caused by the absence, inadequacy or irregularity of such documents and information, except in the case of some wrongful act or neglect on the part of the carrier. 3. The liability of the carrier for the consequences arising from the loss or incorrect use of the documents specified in and accompanying the consignment note or deposited with the carrier shall be that of an agent, provided that the compensation payable by the carrier shall not exceed that payable in the event of loss of the goods. Responsible party Article 11 makes it clear that it is the sender who is responsible for provision of all the necessary documentation required for completion of Customs formalities
(Article 11, paragraph 1). It also states that the carrier shall not be required to carry out checks on whether the documents provided for Customs purposes are correct or adequate (Article 11, paragraph 2). However, in accordance with Paragraph 3, the carrier is liable for the consequences that may arise from the loss or incorrect use of the documents specified in Paragraphs 1 and 2 of Article 11. The convention does not go so far as to specify what these consequences might mean, but a Danish court ruling from 2022, examining Article 11 of the CMR Convention, may provide a good precedent for freight forwarders grappling with a very common and equally serious problem of undischarged transit movements caused by negligent carriers failing to present goods at either Customs or an authorised Customs location. In the aforementioned case, a Danish freight forwarder agreed to transport a shipment of pipe
“ Article 11, states that the carrier shall not be required to carry out checks on whether the documents provided for Customs purposes are correct or adequate
10 | March 2024
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