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A freight invoice (\u0421\u041cR) is a contract agreement between a shipper, freight forwarder and cargo receiver, providing standard terms of international freight forwarding operations, especially in area of necessary documents and responsibility of freight forwarder in order to simplify transportation and international trade. The use of the freight invoice (\u0421\u041cR) supposes that, at least, one of the countries engaged in international freight forwarding operations (country of loading or country of unloading) is a party of CMR Convention. 1) What is CMR Convention? 2) What countries are becoming parties to CMR Convention? Where can I download latest version of CMR Convention? 3) Which are criteria of CMR Convention application to freight forwarding?<\/p>\n Article 1: 4) Does CMR Convention regulate \u00a0freight forwarding by road in vehicles \u00a0between two points of the same country, if \u00a0freight forwarding is executed on \u00a0foreign territory (for example, freight forwarding between Russia and Kaliningrad region that is the Russian enclave separated from other territory of Russia)? 6) If freight forwarding includes another types of transport (maritime transport, railway transport, etc.), how is used CMR Convention? 7) Is the freight invoice (CMR) mandatory? 8) Is the freight invoice (CMR) valid, if some columns are not filled out? To download complete text<\/span> of Convention on the Contract for the International carriage of goods by Road.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n [\/vc_column_text][\/vc_column][\/vc_row]<\/p>","protected":false},"excerpt":{"rendered":" [vc_row bg_parallax=”off” bg_scroll=”h,-1″ bg_video=”off” bottom_button=”off” css=”.vc_custom_1449219503877{margin-top: 0px !important;margin-bottom: 0px !important;padding-top: 130px !important;padding-bottom: 50px !important;}” row_min_height=”700px”][vc_column][\/vc_column][\/vc_row][vc_row bg_parallax=”off” bg_video=”off” bottom_button=”off” css=”.vc_custom_1414841734642{margin-top: 0px !important;padding-top: 40px !important;}”][vc_column][vc_column_text] A freight invoice (\u0421\u041cR) is a contract […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":1397,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":[],"_links":{"self":[{"href":"http:\/\/euroimpex.lv\/it\/wp-json\/wp\/v2\/pages\/1542"}],"collection":[{"href":"http:\/\/euroimpex.lv\/it\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"http:\/\/euroimpex.lv\/it\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"http:\/\/euroimpex.lv\/it\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/euroimpex.lv\/it\/wp-json\/wp\/v2\/comments?post=1542"}],"version-history":[{"count":2,"href":"http:\/\/euroimpex.lv\/it\/wp-json\/wp\/v2\/pages\/1542\/revisions"}],"predecessor-version":[{"id":3323,"href":"http:\/\/euroimpex.lv\/it\/wp-json\/wp\/v2\/pages\/1542\/revisions\/3323"}],"up":[{"embeddable":true,"href":"http:\/\/euroimpex.lv\/it\/wp-json\/wp\/v2\/pages\/1397"}],"wp:attachment":[{"href":"http:\/\/euroimpex.lv\/it\/wp-json\/wp\/v2\/media?parent=1542"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nIn addition, CAJ developed the guidance \u201cCMR Convention <\/span>\u2013<\/span> Frequently asked legal questions\u201d that is given below:<\/span><\/p>\n
\nThe CMR Convention (Convention on the Contract for the International Carriage of Goods by Road) is \u00a0international legal instrument and has been \u00a0signed on May 19, 1956. It relates to various legal issues concerning transportation of cargo by road between the shipper, the freight forwarder and the cargo receiver. \u00a0It is important to notify that CMR Convention provisions are dominant even otherwise is provided in the freight contract.<\/p>\n
\nList of countries that are parties to CMR Convention and text of CMR Convention (in English, French and Russian languages) on website: http:\/\/www.unece.org\/trans\/conventn\/legalinst.html.
\nText of CMR Convention has never been changed.
\nOn this website you can find the Protocol (1978) to Convention and list of countries –
\nIn February, 2008 new Protocol to CMR Convention \u00a0concerning the electronic <\/b>form of invoice has been signed by UNO institutions. This Protocol will \u00a0enter into force on the ninetieth day after five states have deposited their instruments of ratification or accession.<\/p>\n
\n<\/span>At least one from two countries (country of taking over of the goods or country designated for delivery) is a CMR Convention contracting country;
\nThe place of taking over of the goods and the place designated for delivery are situated in two different countries;
\nFreight forwarding has to be executed for reward;
\nAt least one part of freight forwarding has to be executed by road in vehicles;
\nThese provisions shall not apply to carriage performed under the terms of any international postal convention; to funeral consignments; to furniture removal.<\/span><\/p>\n
\nNo, because t he place of taking over of the goods and the place designated for delivery are situated \u00a0in a same country (even if goods pass a few borders). This type of \u00a0freight forwarding \u00a0is regulated by national legislation (for example, Russian).<\/span><\/p>\n
\n2 situations are possible:
\n1. If the goods, which have been loaded on a transport vehicle, remain on this transport vehicle, irrespective of type of transport, the provisions of CMR Convention shall be applied to all transportation (from door to door): for example, truck on board, truck on a train, etc.
\nHowever, if damages have been done during part of the transportation carried out by any type of transport (not by road transport), and damages are not caused by actions or inactivity of the freight forwarder, the provisions of CMR Convention do not regulate the responsibility of the freight forwarder. In such case the responsibility of the freight forwarder is regulated by the provisions applied to this type of transport. In other words, in this case, the freight forwarder is responsible for damages in accordance with mandatory rules for maritime freight forwarding, railway freight forwarding or air freight forwarding (in particular, related to plausible reasons and limitation of compensation applied to these types of transport).
\n2. If the goods initially have been transported by road transport and then have been overloaded on other type of transport, the provisions of CMR Convention shall be applied to the part of transportation carried out by road transport, if the conditions of CMR Convention (Article 1) are observed for transportation by road transport (see question 3).<\/p>\n
\nNo, the freight invoice (CMR) is not mandatory for application of the provisions of CMR Convention.
\nThe freight invoice (CMR) is considered as proof of the freight agreement, but an \u00a0absence, irregularity or loss of the \u00a0freight invoice (CMR) \u00a0shall not affect the existence or the validity of the freight agreement which shall remain subject to the provisions of CMR Convention (Article 4).
\nIn other words, acceptance of the goods by the freight forwarder without drawing up written freight agreement or the freight invoice (CMR) does not mean that the freight agreement has not been concluded.
\nIn general, to avoid any problems related to the freight agreement, it is recommended to check that the freight invoice was drawn up correctly, as remarks in this document determine the responsibility during validity period of CMR.
\nThe freight invoice (CMR) serves as proof of receipt of goods by the freight forwarder. Most countries consider that the freight invoice (CMR) is a control document that has to be on board the vehicle during transportation. In this case, the absence of the freight invoice can cause sanctions.<\/p>\n
\nYes, the freight invoice (CMR) is valid if it is signed correctly (sealed) by the freight forwarder or the shipper. But if the freight invoice is not signed, it does not impact on the validity of the freight agreement (see previous question).
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