What is the CMR ?
The CMR (Convention on the Contract for the International Carriage of Goods by Road) is an international convention accepted by all European countries with the aim of organizing the conditions of road transport. This document regulates the entire contract for international carriage of goods by road.
It is also known as a international loading bill . It applies to all services for transporting goods for payment, exclusively for international deliveries. Nowadays, it also exists in digital form, called e-CMR.
Ratified on May 19, 1956 and in force since July 1961, the Geneva Convention primarily governs the transaction between the carrier and the loader and limits the responsibility of both parties in disputes.
In 2019, all European Union member states approved and accepted this convention. The founding countries are Germany, Austria, Belgium, France, Luxembourg, the Netherlands, Poland, Sweden and Switzerland. Some African countries such as Morocco and Tunisia, as well as several countries in the Middle East and Asia, have also ratified the convention.
Deployed in 55 countries, the CMR is an indispensable official proof of transport for proper handling of road shipments. It takes several important factors into account from loading to delivery of goods. This while ensuring optimal control and regulation of transport.
One of the advantages of this document is that it facilitates the transportation of goods between different countries. Moreover, it allows better tracking of loading and the entire transport process between different areas.
The government therefore uses the bill of lading, among other things, as a reference document for controlling:
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- the driving and rest periods
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- the correct operation and use of the tachograph
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- the authorisation obligation
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- cabotage
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- the VAT obligation
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- social fraud (employment and labor)
For this reason, in Belgium and some other countries, the CMR waybill is also mandatory for national transportation for third parties, and the vehicle’s license plate must be indicated on the CMR waybill.
What should be included in this document?
Drafting the CMR can be done by any party involved in the contract. But usually it is the company responsible for transporting goods that does it.
This document is free form, but the drafter must include at least the following points:
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- The date the document was prepared;
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- Name, address and Chamber of Commerce number;
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- The carrier’s intra-community identification number;
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- The date on which the goods were received;
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- The nature of the goods, their quantity, weight or volume;
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- The name of the shipper;
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- The address of the loading place;
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- The address of the delivery place;
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- Attached documents;
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- Marks and numbers, number of packages;
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- The payment method;
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- The refund;
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- Instructions from the shipper;
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- Comments and reservations of the carrier;
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- The carrier’s and shipper’s stamp and signature;
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- The recipient’s signature and stamp to confirm receipt of the goods.
What are the requirements to be valid?
For the bill of lading to be valid, it is mandatory to include the items mentioned above. But it is important to mention that the CMR can also contain other types of information, such as instructions given by the shipper to the carrier regarding the goods being transported or the delivery time. Contractors can add as many entries as they want.
There is no minimum number of CMRs to be made, but usually at least 4 original copies are made, for the two parties (consignor and consignee), for the carrier and a final copy kept in the waybill book. As for the last two copies, they are required to be on board the vehicle for road checks.
Each paper copy is printed in a different color:
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- Red: shipper’s copy;
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- Blue: recipient’s copy (this copy remains in the vehicle throughout the transport);
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- Green: transporter’s copy.
All copies must be prepared identically. Unknown data entered will be added later to the available supporting documents. The document number must be clearly legible in two places: top right and bottom left. With respect to the country where it was issued, this is indicated at the top of the page.
To be valid, the CMR must be completed before an international transport of goods by road. It is nowadays possible to find templates of bills of lading in French on the Internet.
The minimum retention period for CMR transportation is 6 years according to the General Tax Law.
What is the carrier’s responsibility regarding the CMR?
During a transportation of goods, the carrier can be held liable in certain cases. For example, if there is a delay in the delivery of the goods or if part or all of the cargo is lost during the journey. In that case, the carrier will have to reimburse the losses at its own expense. This responsibility can be noted on the bill of lading for more precision.
On the other hand, when the loss of goods results from a mistake made by the shipper, or from a mistake of the goods themselves, or from other circumstances that inevitably occur, the carrier will not be liable.
This also applies when the right holder uses poorly secured trucks (insufficient tarpaulins or covers). The carrier will be relieved of responsibility if the packaging material of the goods is not capable of protecting the products or if the branding and numbering on the packages is not clear.
The road transport treaty is a piece of evidence of not inconsiderable value. In most cases it is more important than a simple quotation. Therefore, it is important that each actor in European road transport pay close attention to the information prepared before they sign the documents. In case of dispute, the waybill is sufficient as proof.
Going digital, why?
A Benelux pilot for the use of the digital waybill (e-CMR) for intra-Benelux road transport started on December 1, 2017. Since March 1, 2018, the e-CMR may be used in intra-Benelux freight transport and can cover transport between Benelux countries as well as national transport, including cabotage.
A 2019 study by the FEB and ASA found that operators earn an average of €13.11 per bill of lading when using electronic shipping documents!
benefits:
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- Centralize all information of your shipments and track them in real time
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- Say goodbye to lost or damaged CMRs. Receive your CMRs (and other documents) immediately.
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- Send transport orders to your drivers in one click.
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- Avoid duplicate data entry. Speed up the creation of transports. Automate the creation of transports via the customer portal.
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- Save time in the invoicing process, speed up incoming payments
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- Save hundreds of paper documents per year per driver thanks to digital documents
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- Gain productivity on your staff by speeding up their tasks
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- Reduce your costs thanks to the optimization of your operations
How does the e-CMR work?
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- Create your transport order
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- Assign the transport to a driver
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- Send the mission to the driver
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- Driver validates transport documents digitally
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- Digital signatures during loading and unloading
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- Pictures and comments in real time to show any problems with the transport
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- Automatic, real-time sharing with all parties involved
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