CMR - International Consignment Note: A Guide for Importers and Exporters

What the CMR is and when it applies

CMR stands for the French Convention relative au contrat de transport international de marchandises par route – the Convention on the Contract for the International Carriage of Goods by Road, signed in Geneva on 19 May 1956. In Poland it applies as Dz.U. 1962 No. 49, item 238, and in the UK it is given effect by the Carriage of Goods by Road Act 1965.

The Convention covers paid carriage of goods by road where the place of taking over and the place of delivery are in two different countries, at least one of which is a Contracting country (Article 1). It therefore applies, among others, to carriage between Poland and the United Kingdom.

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Functions of the CMR consignment note

• It confirms the contract of carriage – under Article 4, the contract is confirmed by making out a consignment note. The absence, irregularity or loss of the note does not affect the existence or validity of the contract, which remains subject to the Convention.
• It identifies the parties and the goods – it names the sender, carrier and consignee, the places of taking over and delivery, and describes the goods.
• It records the taking over of the goods – on taking over, the carrier checks the number of packages, their marks and the apparent condition of the goods, and notes reservations if it cannot verify them (Article 8).
• It is evidence in a dispute – a complete, correctly filled-in CMR is the basis of claims for loss, damage or delay.

What a CMR note should contain

Article 6 of the Convention lists, among other things:

• the date and place of making out the note,
• the names and addresses of the sender, carrier and consignee,
• the place and date of taking over the goods and the place of delivery,
• a description of the goods and their packing (including dangerous goods classification), the number of packages and their marks,
• the gross weight or other quantity of the goods,
• the charges relating to the carriage,
• instructions for customs and other formalities,
• a statement that the carriage is subject to the Convention.

Who issues the CMR and how many originals there are

Under Article 5, the consignment note is made out in three originals signed by the sender and the carrier: the sender keeps one, one accompanies the goods and the carrier keeps one. In practice the data is usually entered by the sender (exporter) or by the freight forwarder organising the carriage; for groupage consignments the forwarder usually prepares the document. If the carrier fills in the note at the sender's request, it is presumed to have done so on the sender's behalf (Article 7).

Liability and claim deadlines

• The sender bears the carrier's losses caused by inaccurate or inadequate particulars and instructions (Article 7), and must supply the documents and information needed for customs formalities – the carrier is not required to verify them (Article 11).
• The carrier is liable for total or partial loss, damage and delay between taking over and delivery (Article 17). Compensation for loss is capped at 8.33 SDR per kilogram of gross weight short, unless a value is declared (Articles 23 and 24).
• The consignee should note apparent damage at the time of delivery, and report non-apparent damage in writing within 7 days of delivery (excluding Sundays and public holidays). Reservations about delay must be sent in writing within 21 days (Article 30).
• The limitation period is one year, extended to three years for wilful misconduct or equivalent default (Article 32).

Source: the text of the Convention at legislation.gov.uk (Schedule to the Carriage of Goods by Road Act 1965).

CMR and customs clearance

The CMR does not replace a customs declaration, an ENS or a transit document, but the data in it (sender, consignee, weight, number of packages, description of the goods) must be consistent with the commercial invoice and the declaration – discrepancies are a common reason for a load being held. See also: ENS – what it is and when it is required, GVMS – what it is and how it works, the commercial invoice for exports to the UK and Incoterms EXW, FCA, DAP. An overview of other documents is in International Trade Documentation.

Electronic CMR (e-CMR)

The e-CMR is the digital equivalent of the paper consignment note, governed by the Additional Protocol to the CMR Convention concerning the electronic consignment note, signed in Geneva on 20 February 2008. The Protocol entered into force on 5 June 2011; Poland acceded to it on 13 June 2019 and the United Kingdom on 20 December 2019 (UN Treaty Collection). Whether your trading partner accepts an e-CMR is something to agree before loading.

Summary

The CMR confirms the contract of carriage and is the key evidence if something goes wrong, so fill it in carefully and consistently with the invoice. Not sure what to enter or how the document ties in with clearance? Get in touch.

Frequently asked questions