The role of intermediaries in the CMR ConventionGeneva, 21 February 2014

Jean Acri, IRU

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Intermediaries

Forwarder (French « commissionnaire »)

Freight-forwarder

Freight broker

Traffic participant

Packer

Successive carrier

Customs clearance agent

Cargo-handler

Multimodal / Intermodal platform operator

Shipping company

ConsigneeWarehousekeeper

Railways

Airline company

Logistics operator

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The role of intermediaries in the CMR Convention

Road transport operator

Consignee

Sender

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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 Convention

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The role of intermediaries in the CMR Convention

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

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The role of intermediaries in the CMR Convention

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

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The role of intermediaries in the CMR Convention

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

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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 Convention

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The role of intermediaries in the CMR Convention

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

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The role of intermediaries in the CMR Convention

• 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 prevent these risks