Decree of the Minister for Foreign Affairs No. 11 / 1975 Coll.
Decree of the Minister for Foreign Affairs on the Convention on a Transport Contract in International Road Freight Transport (CMR)
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Effective from 03.12.1974
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11
DECLARATION
Minister for Foreign Affairs
of 27 November 1974
concerning the Convention on the Transport Contract in International Road Freight Transport (CMR)
The Convention on the Transport Contract in International Road Freight Transport (CMR) was negotiated in Geneva on 19 May 1956.
The President of the Republic has ratified the Convention subject to Article 47 thereof.
The Czechoslovak Socialist Republic Act on Access was deposited with the Secretary-General of the United Nations, depositary of the Convention, on 4 September 1974.
The Convention entered into force on 2 July 1961 and on 3 December 1974 for the Czechoslovak Socialist Republic pursuant to Article 43 thereof.
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Chupek v. r.
CONVENTION
on the international road freight contract (CMR)
Contracting Parties
recognising the effectiveness of the uniform adaptation of the conditions of the transport contract to international road freight transport, in particular as regards the transport documents used in such transport and the liability of the carrier,
agree as follows:
CHAPTER I
Scope
1. This Convention shall apply to any contract for the carriage of consignments in return for payment by a road vehicle where the place of acceptance of the consignment and the intended place of delivery, as specified in the contract, is situated in two different States, at least one of which is a Contracting State of this Convention. This provision shall apply irrespective of the domicile and nationality of the Parties.
2. For the purposes of this Convention, the term "vehicles' means motor vehicles, semi-trailers, trailers and semi-trailers as defined in Article 4 of the Convention on Road Traffic of 19 September 1949.
3. This Convention shall also apply where the shipments to which it applies are carried out directly by States or State institutions or by State organisations.
4. The Convention shall not apply:
(a) transport operations carried out under international postal conventions;
(b) transport of dead bodies;
(c) transport of the uppers moved.
5. The Contracting Parties undertake not to conclude between themselves specific bilateral or multilateral agreements which contain derogations from this Convention, with the exception of agreements which exclude the validity of this Convention for their border traffic or which permit the use of a loading list only in their territory.
1. Where a loaded vehicle is transported in a section of the transport route by sea, rail, inland waterway or air, this Convention shall apply to the whole shipment, unless the consignment has been transhipped, except in the cases referred to in Article 14. However, if it is demonstrated that the loss, damage or overrun of the delivery period incurred during transport by a mode of transport other than road was not due to acts or omissions of the road carrier, but to events which may have occurred only during and for the purpose of transport by that type of transport, the liability of the road carrier shall not be governed by this Convention; in such a case, the road haulier shall correspond to the haulier of a mode of transport other than road if the haulier and the shipper were to conclude a transport contract in accordance with the rules applicable to that mode of transport. However, if there are no such provisions, the responsibility of the carrier shall be governed by this Convention.
2. Where a road haulier is also a haulier of a different mode of transport, it shall also be in accordance with paragraph 1, but as if its activities as a road haulier and its activities as a haulier of a different mode of transport than that of road were carried out by two different persons.
CHAPTER II
Persons for whom the carrier is responsible
When applying this Convention, the carrier shall be responsible for the conduct and omission of its representatives and workers and of all other persons used in carrying out the transport, as his own actions and omissions, provided that such representatives, workers or other persons act in the framework of their duties.
CHAPTER III
Conclusion and implementation of the transport contract
The proof of conclusion of the transport contract is the bill of lading. If the bill of lading is missing, or if it has been lost, it shall not affect the existence or validity of the transport contract and shall continue to be subject to the provisions of this Convention.
1. The consignment note shall be drawn up in three original copies signed by the consignor and the carrier. Where the legal order so permits by the State in which the bill of lading is issued, such signatures may be printed or replaced by the stamp of the consignor and the carrier. The first copy of the bill of lading shall be received by the consignor, the second shall accompany the consignment and the third shall be retained by the carrier.
2. Where a consignment is to be loaded on several vehicles, or where different species or separate parts of a consignment are concerned, the consignor or carrier shall have the right to request the issue of as many loading lists as the vehicles are to be used or how many species or separate parts of the consignment are to be loaded.
1. The consignment note shall contain the following information:
(a) the place and date of issue;
(b) the name and address of the consignor;
(c) the name and address of the carrier;
(d) the place and date of receipt of the consignment and its destination;
(e) the name and address of the consignee;
(f) the normal description of the nature of the item transported and the type of packaging; for matters of a dangerous nature, their generally recognised designation;
(g) the number of cuts, their special marks and numbers;
(h) the gross weight of the consignment or the quantity of goods otherwise expressed,
(i) transport costs (import charges, ancillary charges, customs duties and other expenditure arising from the time of conclusion of the contract until the issue of the consignment);
(j) the instructions necessary for customs and other official proceedings;
(k) an indication that, despite any contrary clause, transport is subject to the provisions of this Convention.
2. The consignment note shall include, where appropriate, the following particulars:
(a) prohibition of transhipment;
(b) expenditure borne by the consignor;
(c) the amount of the charge to be collected when the consignment is delivered;
(d) indication of the price of the consignment and of the amount expressing a particular interest in delivery;
(e) instructions from the consignor to the carrier concerning the insurance of the consignment;
(f) the agreed time limit within which the shipment is to be carried out;
(g) a list of the documents transmitted to the carriers.
3. The parties may enter on the consignment note other information which they consider useful.
1. The consignor shall be responsible for all costs and damages incurred by the carrier due to inaccuracy or incompleteness.
(a) the particulars referred to in Article 6 (1) (b), (d), (e), (f), (g), (h) and (j);
(b) the particulars referred to in Article 6 (2);
(c) any other particulars or instructions which he has given for the issue of the consignment note or for the purpose of recording them on the consignment note.
2. If, at the request of the consignor, the carrier enters on the consignment note the particulars referred to in paragraph 1 of this Article, it shall be deemed, unless it is demonstrated otherwise, to have acted on behalf of the consignor.
(3) Where the bill of lading does not contain the information referred to in Article 6 (1) (k), the carrier shall be liable for all expenditure and damage resulting from this omission.
1. When accepting the consignment for transport, the carrier shall examine:
(a) the accuracy of the data on the consignment note on the number of cuts and their marks and numbers;
(b) the apparent condition of the consignment and its packaging.
2. If the carrier does not have the appropriate means to examine the accuracy of the information referred to in paragraph 1 (a) of this Article, he shall enter reservations on the consignment note, together with a justification. It must also justify any reservations it has made regarding the apparent state of the consignment and its packaging. Such reservations shall not oblige the consignor unless it has expressly recognised them on the consignment note.
3. The consignor shall have the right to request from the carrier an examination of the gross weight of the consignment or its quantity expressed otherwise. It may also request examination of the contents of each consignment. The carrier shall be entitled to compensation for the costs associated with this examination. The result of that check shall be recorded on the consignment note.
1. The bill of lading shall, unless proven otherwise, be a credible evidence of the conclusion and content of the transport contract as well as the receipt of the consignment by the carrier.
2. If the bill of lading does not contain the carrier's reservations on the grounds of them, the legal presumption is that the consignment and its packaging were in good manifest condition at the time of taking over and that the number of pieces, their marks and numbers coincided with the particulars on the consignment note.
The consignor shall be liable to the carrier for damage caused to persons, to means of operation or to other consignments by defects in the packaging of the consignment, as well as for any costs incurred for that reason, unless the defect is apparent or known to the carrier at the time of receipt of the consignment and the carrier has no reservations.
1. The consignor shall attach to the consignment note or make available to the carrier the documents necessary for customs and other official activities carried out prior to the issue of the consignment and provide him with all the information he requests.
2. The carrier shall not be obliged to examine if the documents and information are correct and sufficient. The consignor shall be liable to the carrier for any damage caused by the absence of documents or necessary information, or the documents and information shall be incomplete or incorrect, unless there is a shortage caused by the carrier.
3. The carrier shall be responsible as a agent for the loss or incorrect use of the documents on the consignment note and attached thereto or by the carriers surrendered; is, however, obliged to replace at most the amount he would have paid in the event of the loss of the consignment.
1. The consignor shall be entitled to dispose of the consignment, in particular may require the carrier to stop the shipment, change the place of delivery or issue of the consignment to a consignee other than that indicated on the consignment note.
2. However, that right shall cease to exist as soon as the second copy of the bill of lading is surrendered to the consignee or when the payee exercises the right under Article 13 (1); from that point on, the carrier shall be obliged to follow the instructions of the consignee.
3. However, the right of disposal shall belong to the consignee immediately from the time of issue of the bill of lading in the case where the consignor makes the relevant entry to that effect.
4. If the consignee gives an order for the issuing of the consignment to another person in the exercise of his right of disposal, that person may no longer designate another consignee.
5. The exercise of the right of disposal shall be subject to the following conditions:
(a) the consignor or, in the case referred to in paragraph 3 of this Article, the consignee wishing to exercise his right shall be required to declare himself in the first copy of the bill of lading in which the new orders of the carrier must be entered and to pay the carrier all the costs and damages incurred by the execution of those orders;
(b) the execution of the orders must be possible at the time when they reach the person to carry them out and must not interfere with the normal operation of the transport undertaking or cause damage to consignors or recipients of other consignments;
(c) orders shall not lead to the splitting of the consignment.
6. If the carrier cannot, for the reasons set out in paragraph 5 (a), (b) to execute the orders given in this Article, it shall immediately inform the person from whom they received them.
7. A carrier who does not carry out the orders given to him in accordance with the provisions of this Article or who carries them out without requiring the first copy of the bill of lading to be presented shall be liable to the damage caused thereby.
1. As soon as the consignment reaches its place of issue, the consignee shall have the right to request the carrier to issue a second copy of the consignment note and the consignment against the certificate. If the loss of the consignment is detected or if the consignment does not arrive within the time limit referred to in Article 19, the consignee shall be entitled to claim claims from the transport contract against the carrier on his own behalf.
2. The consignee who exercises the rights conferred on him under paragraph 1 of this Article shall be obliged to pay the amount shown on the bill of lading. If no agreement is reached in this respect, the carrier shall not be obliged to issue the consignment unless the consignee has given him a guarantee.
1. Where the performance of a transport contract under the conditions laid down in the consignment note is or will become impossible before it reaches the place of delivery for any reason, the carrier shall be obliged to seek instructions from the person authorised to dispose of the consignment in accordance with Article 12.
2. However, if the circumstances permit the carriage to be carried out under conditions derogating from those laid down in the consignment note and the carrier was unable to obtain within a reasonable period of time instructions from the person authorised to dispose of the consignment in accordance with Article 12, the carrier shall take such measures as it considers to be best in the interests of the person authorised to dispose of the consignment.
1. If, after the consignment has reached the place of delivery, obstacles to delivery occur, the carrier shall request instructions from the consignor. If the consignee refuses the consignment, the consignor shall have the right to dispose of the consignment without having to declare the first copy of the consignment note.
2. Even if the consignee has refused the consignment, he may request its release until the carrier has received the opposite instructions from the consignor.
3. Where circumstances arise to prevent the delivery of a consignment after the consignee has already, by virtue of his authorisation pursuant to Article 12 (3), given an order for the issue of a consignment to another person, he shall, when applying the provisions of paragraphs 1 and 2 of this Article, take the place of the consignor of the consignee and the place of the consignee.
1. The carrier shall be entitled to compensation for expenses incurred by requesting or executing instructions, provided that such expenses do not result from its fault.
2. In the cases referred to in Article 14 (1) and Article 15, the carrier may immediately deposit the consignment in the beneficiary's account; the shipment is deemed to have ceased by the composition of the consignment. The carrier shall take the consignment into custody; However, he may entrust it to a third party and then be responsible only for the careful selection of the third party. The consignment shall remain subject to obligations arising from the bill of lading and all other expenditure.
3. The carrier may proceed to the sale of the consignment without awaiting the instructions of the authorised person, if the perishable consignments or if such procedure justifies the status of the consignment or if the storage costs are disproportionate to the value of the consignment. Otherwise, it may also proceed to the sale if it has not received within a reasonable period of time from the legitimate contrary instruction, the execution of which may be required accordingly to the circumstances.
4. Where a consignment has been sold in accordance with the provisions of this Article, the proceeds of the sale shall be made available to the creditor after deduction of the amounts for the consignment bound. If these amounts are higher than the proceeds of the sale, the carrier shall be entitled to the difference.
5. The procedure for sale shall be governed by the law or practice of the place where the consignment is located.
CHAPTER IV
Liability of the carrier
1. The carrier shall be responsible for the complete or partial loss of the consignment or for its damage occurring from the time of receipt of the consignment to the time of issue and for exceeding the delivery period.
2. The carrier shall be relieved of this liability if the loss of the consignment, its damage or the overrun of the delivery period has been caused by an authorised order of the authorised person, which has not been caused by the negligence of the carrier, by his own fault or by circumstances which the carrier cannot avert and the consequences of which are not within his power.
3. The carrier may not invoke, in an attempt to waive his / her responsibility, nor the defects of the vehicle used for the carriage, nor the fault or failure of the person from whom he / she has hired the vehicle or its representatives or personnel.
4. The carrier shall be exempt from liability, taking into account the provisions of Article 18 (2) to (5), where loss or damage results from a special hazard related to one or more of the following:
(a) the use of open vehicles without sails, provided that such use of vehicles has been expressly agreed and noted on the consignment note;
(b) the missing packaging or defective packaging of a consignment which, because of its nature, is not properly packed or is not packed at all, subject to loss or damage;
(c) the handling, loading, storage or unloading of the consignment by the consignor, consignee or persons acting as consignor or consignee;
(d) the natural nature of certain goods for which they are subject to total or partial loss or damage, in particular by refraction, rust, internal deterioration, drying, isolation, normal loss or insect or rodent activity;
(e) insufficient or defective marks or numbers of each consignment;
(f) the transport of live animals.
5. If the carrier does not respond under this Article in any of the circumstances which caused the damage, it shall be liable to the extent that the circumstances in which it is responsible under this Article have contributed to the damage.
1. Proof that the loss, damage or exceeding of the consignment is due to one of the causes referred to in Article 17 (2) shall be borne by the carrier.
2. Where the carrier certifies that, according to the circumstances of the case, the loss or damage to the consignment may have resulted from one or more of the special hazards referred to in Article 17 (4), it shall be deemed to have occurred from those hazards. However, the beneficiary may prove that the damage was not caused in whole or in part by any of these hazards.
3. The legal presumption referred to in paragraph 2 shall not apply in the case referred to in point (a) of Article 17 (4) where there is an unusually large loss or loss of an individual consignment.
4. Where transport is carried out by a vehicle equipped with such a device that the consignment is protected from the influence of heat, winter, temperature fluctuations or air humidity, the carrier may rely on Article 17 (4) (d) only if it has demonstrated that it has taken all its measures in the circumstances in respect of the selection, maintenance and use of such equipment and that it has followed the specific instructions given to it.
5. The carrier may rely on Article 17 (4) (f) only if he has demonstrated that he has taken all the measures which he was obliged to take and that he has followed the specific instructions given to him.
The overrun of the delivery period shall occur if the consignment has not been issued within the agreed time limit and if the time limit has not been agreed, the actual time of shipment, taking into account the circumstances and the partial loading, takes into account in particular the time needed for the assembly of the consignment, the time that can be expected from a careful carrier.
1. The authorised person may consider the consignment to be lost without further evidence if it has not been issued within 30 days of the agreed time limit and if the time limit has not been agreed, within 60 days of the receipt of the consignment by the transport carrier.
2. The authorised person may, upon receipt of the refund for the lost consignment, request in writing that it be notified without delay if the consignment is found within one year of payment of the refund. It shall be accompanied by a written certificate.
3. Within 30 days of receipt of the report on the finding of the consignment, the authorised person may request that the consignment be issued to him, but must fulfil the obligations arising from the bill of lading and return the compensation received, if necessary after deduction of the expenditure included therein; However, it shall retain the right to compensation for exceeding the delivery period referred to in Article 23 or 26, as the case may be.
4. If the authorised application referred to in paragraph 2 has not been made or if it has not given the instructions referred to in paragraph 3 within 30 days, or if the consignment has only been found one year after payment of the refund, the carrier may dispose of the consignment under the law in force at the place where the consignment is located.
Where a consignment is issued to a consignee without a call being chosen under the terms of the transport contract, the carrier shall be obliged to pay compensation to the consignor up to the amount of the service; However, the beneficiary has the right to be punished.
1. Where the consignor submits a dangerous consignment for transport, he shall inform the carrier of the exact nature of the danger arising from the consignment and, where appropriate, of the safety measures to be taken. If this notice is not registered on the consignment note, it is the duty of the consignor or consignee to prove otherwise that the carrier knew the exact nature of the danger associated with the shipment of the consignment.
2. The carrier may, at any time and at any time, destroy, destroy or dispose of dangerous consignments whose dangerous nature within the meaning of paragraph 1 of this Article, without any obligation to compensate for damage; in addition, the consignor shall be responsible for all costs and damages incurred by the surrender of such a consignment for transport or transport.
1. Where a carrier has an obligation under the provisions of this Convention to make good the damage for the total or partial loss of the consignment, the compensation shall be calculated from the value of the consignment at the place and the time when it is taken over.
2. The value of the consignment shall be determined on the basis of the exchange price and, in the absence of the exchange price, on the basis of the normal market price and, in the absence of the exchange price and the normal market price, on the basis of the general value of the goods of the same nature and quality.
3. The compensation may not exceed 25 francs per kilogram of gross weight missing. Frank means a gold franc weighing 10 / 31 grams and a purity of 0,900.
4. In addition, import duties, duties and other expenditure incurred in connection with the shipment of the consignment shall be reimbursed in full and in proportion to the partial loss; other damage is not reimbursed.
5. If the delivery period is exceeded and the creditor proves that the damage is caused for that reason, the carrier shall be obliged to pay the damage only up to the amount of the import charge.
6. A higher refund may be requested only if, pursuant to Article 24 and 26, the price of the consignment or the special interest in delivery has been indicated.
The consignor may, if he pays the agreed fee for the shipment, indicate in the consignment note the price of the consignment in excess of the limit laid down in Article 23 (3) and, in that case, replace the price given.
1. In the event of damage to the consignment, the carrier shall pay the amount by which its value has been reduced; the amount shall be calculated from the value of the consignment determined in accordance with Article 23 (1), (2) and (4).
2. However, compensation may not exceed:
(a) if the whole consignment is damaged, the amount which would be paid in the event of its complete loss;
(b) if only part of the consignment is damaged, the amount which would be paid in the event of the loss of the damaged part of the consignment.
1. The consignor may, if he pays the agreed fee, indicate in the consignment note the amount of special interest in the delivery of the consignment in case of loss or damage or exceeding the delivery period.
2. Where a particular interest in delivery has been given, any compensation provided for in Articles 23, 24 and 25 may be claimed for further evidence of damage up to the amount of the interest claimed for delivery.
1. The beneficiary may claim interest on damages. Such interest of 5% per year shall be calculated from the date on which the written complaint was sent to the carrier and, if the complaint was not lodged, from the date on which the action was brought in court.
2. Where the amounts on which compensation is calculated are not expressed in the currency of the State in which payment of the refund is requested, the currency conversion shall be made at the normal rate applicable on the date and at the place of payment of the refund.
1. Where the loss of a consignment, damage or exceeding the delivery period for shipments covered by this Convention can lead to the application of non-contractual claims under the relevant legislation, the carrier may refer to those provisions of the Convention which exclude its liability or which determine or restrict the extent of the compensation.
2. Where, in the event of the loss of a consignment, damage or exceeding the delivery period, claims for non-contractual liability against one of the persons for whom the carrier is responsible pursuant to Article 3 are claimed, that person may also refer to those provisions of the Convention which exclude the liability of the carrier or which determine or restrict the extent of the compensation.
1. The carrier may not rely on the provisions of this Chapter which exclude or restrict his liability or transfer the burden of proof if the damage was caused intentionally or by such fault as is considered equivalent under the law of the court to which the case is pending.
2. The same shall apply where the representatives of the carrier or other persons used by the carrier to carry out the transport have committed acts of intent or fault and where such agents, workers or other persons have acted in the course of their duties. In such a case, such representatives, workers or other persons may also not rely on the provisions of this Chapter as regards their personal liability.
CHAPTER V
Complaints and actions
1. If the consignee has taken over the consignment without having duly identified its condition with the carrier or has reported reservations to the carrier, indicating the general details of the nature of the loss or damage at the latest when the consignment is taken over, if the loss or damage is manifestly evident, and not later than 7 days from the date of issue of the consignment, not including Sundays and recognised holidays, if the loss or damage is manifestly undetectable, it shall be deemed to have been obtained in the condition indicated on the consignment note. If loss or damage is manifestly undetectable, the above reservations shall be made in writing.
2. If the condition of the consignment has been duly identified by the consignee and the carrier, proof against the result of such a finding shall be admissible only if the loss or damage is manifestly undetectable and if the consignee has sent written reservations to the carrier within 7 days of that finding, not including Sundays and recognised holidays.
3. A claim for compensation for exceeding the delivery period may only be made if a written reservation has been sent to the carrier within 21 days of the consignment being made available to the consignee.
4. The date of issue of the consignment or, as the case may be, the date on which the consignment is established or the date on which the consignment was made available to the consignee shall not be counted against the time limits referred to in this Article.
5. Carriers and recipients shall, to the extent necessary, be obliged to facilitate each other's implementation of the necessary findings and investigations.
1. Disputes arising from shipments subject to this Convention may be brought by the plaintiff, unless it is brought before the courts of the Contracting States designated by the Agreement of the Parties, in the courts of the State in whose territory
(a) the defendant has his permanent residence, his principal place of business or branch or his principal place of business through which the transport contract was concluded; or
(b) the place where the consignment was taken over for transport or the place to be issued;
in other courts, the plaintiff cannot dispute.
2. Where, in a dispute referred to in paragraph 1 of this Article, an action is pending before a court having jurisdiction pursuant to that paragraph or where a judgment has been delivered in such a dispute by that court, a new action may not be brought, for the same reason, between the same parties, unless the decision of the court before which the first action has been brought is enforceable in the State in which the new action is brought.
3. Where, in a dispute referred to in paragraph 1 of this Article, a judgment delivered by a court of a Contracting State in that State becomes enforceable, it shall also be enforceable in all other Contracting States as soon as the prescribed formalities have been completed in that State. However, such formalities cannot form the basis for a retrial.
4. The provisions of paragraph 3 of this Article shall apply to judgments given in the contested procedure, to judgments in the absence of the parties and to judicial settlements; However, they shall not apply to interim judgments or to judicial decisions ordering, in whole or in part, the applicant, in addition to the costs of the proceedings, to pay damages and interest.
5. Citizens of the Contracting States residing or having their registered office in one of those States may not be required to lodge a guarantee in order to ensure the cost of legal proceedings relating to the exercise of transport rights under this Convention.
1. The rights of carriage covered by this Convention shall be barred for one year. In the case of an intention or fault which, under the law of the court to which the case is pending, is considered equivalent to an intention, the limitation period shall be three years. The limitation period shall begin to run:
(a) in the event of partial loss, damage or exceeding the delivery period on the date of issue of the consignment;
(b) in the event of a complete loss on the 30th day following the agreed delivery period and, if the delivery period has not been agreed, on the 60th day following receipt of the consignment by the carrier;
(c) in all other cases, three months after the date of conclusion of the transport contract.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 11 / 1975 Coll., on the Convention on the Transport Contract in International Road Freight Transport (CMR) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.02.1975 |
|---|---|
| Effective from | 03.12.1974 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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