International carriage of goods according to the CMR Convention

International transport is an important and integral part of any country's economy and it is therefore crucial to be familiar with the acts that govern these international relations.

The Convention on the Contract for the International Carriage of Goods by Road (CMR) shall apply to States which have acceded to the Convention as well as to any contract for the carriage of goods by road in vehicles against payment where the place of receipt of the goods and the intended place of delivery are situated in two different States.

The CMR contains rules on the liability of transport operators, compensation for loss of or damage to goods and other important aspects.

The Convention does not apply only in the following cases:
• shipments carried out within the scope of the international postal conventions;
the carriage of mortal remains;
• the carriage of effects on change of residence.

However, it is possible in the case of carriage of goods by road to conclude special agreements between the parties in the case of carriage across frontiers or to authorize the use of documents accompanying the goods in the case of carriage confined to the territories of their countries.

Bulgaria acceded to the Convention in 1977.

Contract of carriage. Bill of lading

The regulation of the international bill of lading is laid down in the CMR.

According to Article 4 of the CMR, the contract of carriage is established by a bill of lading. The bill of lading consists of seven parts and is drawn up in three originals signed by the consignor and the carrier. These signatures may be imprinted or replaced by the seals of the consignor and the carrier if permitted by the law of the country in which the bill of lading is drawn up. The first copy shall be handed over to the consignor, the second shall accompany the goods and the third shall be retained by the carrier. The parts of the consignment note shall be issued in different colours.

The existence of a bill of lading and its proper completion are essential in a dispute about the liability of the carrier, since it records the essential terms of the contract of carriage.

Some of the mandatory particulars that the bill of lading must contain are: the place and date of making, the name and address of the consignor, the carrier and the consignee, the place and date of acceptance of the goods for carriage and the place of delivery, the type of goods and the manner of packing, the number of parcels, the gross weight of the goods, the freight charges, etc.

Also, the bill of lading serves as proof of delivery of the cargo at the final destination.

Responsibility of the carrier and the consignor. Exemption from liability

According to Article 17 of the CMR, the carrier is liable for:

• the total or partial non-delivery of the goods - without proof of the non-delivery, the goods may be deemed lost if they are not delivered within thirty days after the expiry of the agreed period or, if no such period has been agreed, within sixty days from the day of their acceptance for carriage by the carrier; • damage to the goods.
• повреда на стоката.

Liability in these two cases is from the time of acceptance of the goods for carriage until the time of delivery.

• delay in delivery of the goods - where the goods have not been delivered within the time agreed or, if no time has been agreed, where the actual duration of the carriage exceeds the time for which the carriage would normally have taken in the circumstances.

It is also possible that the damage is the result of several factors, in which case the liability of the carrier is engaged only to the extent that the factors for which he is responsible contributed to the damage.

The Convention also provides for liability on the part of the consignor for any costs and damages which the carrier may incur, the liability being primarily related to inaccuracy or insufficiency of information in the bill of lading.

The consignor shall also be liable to the carrier for any damage resulting from the absence, insufficiency or irregularity of any documents and information which he is required to provide to the carrier in order to complete customs and other formalities.

The carrier may be exonerated from liability where he proves that the absence, damage or delay is due to the faults of the person entitled, to an order of the latter which is not the result of any fault of the carrier, to an inherent defect in the goods or to circumstances which the carrier could not have avoided and the consequences of which he could not have overcome. The Convention also enumerates special circumstances the existence of which may relieve the carrier from liability for lack of or damage to the goods. These circumstances relate to the means of transport used, the manner of packing or the nature of the goods carried.

Complaints and claims. Limitation. Court of competent jurisdiction

In the case of obvious shortages and damages, the recipient must point out the shortages upon receipt of the goods, and in the case of concealed - within seven days of their discovery, and the objection must be made in writing. If the consignee takes no action, he shall be deemed to have accepted the goods as described in the consignment note.

In the event of a dispute arising out of carriage subject to the Convention, the claimant may, in addition to the courts of the Contracting States, apply to the courts of the State in whose territory he is:
• the defendant's domicile, principal place of business or branch, or the agency through which the contract of carriage was concluded, or
• the place where the goods were accepted for carriage or the place intended for their delivery.

The plaintiff may appeal only to these courts.

If the parties wish the dispute to be resolved by an arbitral tribunal, it must be stated that the rules of the Convention will apply.

Claims relating to carriage subject to the Convention shall be barred on the expiry of a limitation period of one year. The period shall run as follows:
• the defendant's domicile, principal place of business or branch, or the agency through which the contract of carriage was concluded, or
• in the case of total non-availability, from the thirtieth day after the expiry of the agreed period and, if no such period has been agreed, from the sixtieth day after the day of acceptance of the goods by the carrier,
• in all other cases, from the expiry of three months from the date of conclusion of the contract of carriage.

In case of fraud or mistake, the statute of limitations is three years.

In the case of carriage by successive carriers, liability for failure, damage or delay may be sought only against the first or last carrier.

The action may also be brought against the carrier performing that part of the carriage during which the failure, damage or delay occurred. The action may also be brought simultaneously against several of these carriers.

The transport of goods between two different countries is a complex process that requires attention and compliance with international legal norms.

KGK Law Firm provides its clients with legal advice and full legal services in matters of international transport and commercial law, as well as representation in court.