CMR Carriage
CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD (CMR)
AND 1978 PROTOCOL THERETO
Section 1 .
PART I
CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD (CMR) DONE AT GENEVA ON THE 19th DAY OF MAY, 1956
PREAMBLE
THE CONTRACTING PARTIES
HAVING RECOGNISED the desirability of standardising the conditions governing the contract for the international carriage of goods by road, particularly with respect to the documents used for such carriage and to the carrier’s liability,
HAVE AGREED AS FOLLOWS:
CHAPTER I
Scope of Application
Article 1
1. This Convention shall apply to every contract for the carriage of goods by road in vehicles for reward, when the place of taking over of the goods and the place designated for delivery, as specified in the contract, are situated in two different countries, of which at least one is a contracting country, irrespective of the place of residence and the nationality of the parties.
2. For the purposes of this Convention, “vehicles” means motor vehicles, articulated vehicles, trailers and semi-trailers as defined in article 4 of the Convention on Road Traffic dated 19th September 1949. *
3. This Convention shall apply also where carriage coming within its scope is carried out by States or by governmental institutions or organisations.
4. This Convention shall not apply:
(a) to carriage performed under the terms of any international postal convention;
(b) to funeral consignments;
(c) to furniture removal.
5. The Contracting Parties agree not to vary any of the provisions of this Convention by special agreements between two or more of them, except to make it inapplicable to their frontier traffic or to authorise the use in transport operations entirely confined to their territory of consignment notes representing a title to the goods.
Article 2
1. Where the vehicle containing the goods is carried over part of the journey by sea, rail, inland waterways or air, and, except where the provisions of article 14 are applicable, the goods are not unloaded from the vehicle, this Convention shall nevertheless apply to the whole of the carriage. Provided that to the extent that it is proved that any loss, damage or delay in delivery of the goods which occurs during the carriage by the other means of transport was not caused by an act or omission of the carrier by road, but by some event which could only have occurred in the course of and by reason of the carriage by that other means of transport, the liability of the carrier by road shall be determined not by this Convention but in the manner in which the liability of the carrier by the other means of transport would have been determined if a contract for the carriage of the goods alone had been made by the sender with the carrier by the other means of transport in accordance with the conditions prescribed by law for the carriage of goods by that means of transport. If, however, there are no such prescribed conditions, the liability of the carrier by road shall be determined by this Convention.
2. If the carrier by road is also himself the carrier by the other means of transport, his liability shall also be determined in accordance with the provisions of paragraph 1 of this article, but as if, in his capacities as carrier by road and as carrier by the other means of transport, he were two separate persons.
CHAPTER II
Persons for whom the carrier is responsible
Article 3
For the purposes of this Convention the carrier shall be responsible for the acts and omissions of his agents and servants and of any other persons of whose services he makes use for the performance of the carriage, when such agents, servants or other persons are acting within the scope of their employment, as if such acts or omissions were his own.
CHAPTER III
Conclusion and performance of the contract of carriage
Article 4
The contract of carriage shall be confirmed by the making out of a consignment note. The absence, irregularity or loss of the consignment note shall not affect the existence or the validity of the contract of carriage which shall remain subject to the provisions of this Convention.
Article 5
1. The consignment note shall be made out in three original copies signed by the sender and by the carrier. These signatures may be printed or replaced by the stamps of the sender and the carrier if the law of the country in which the consignment note has been made out so permits. The first copy shall be handed to the sender, the second shall accompany the goods and the third shall be retained by the carrier.
2. When the goods which are to be carried have to be loaded in different vehicles, or are of different kinds or are divided into different lots, the sender or the carrier shall have the right to require a separate consignment note to be made out for each vehicle used, or for each kind or lot of goods.
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CHAPTER VII
Nullity of stipulations contrary to the Convention
Article 41
1. Subject to the provisions of article 40, any stipulation which would directly or indirectly derogate from the provisions of this Convention shall be null and void. The nullity of such a stipulation shall not involve the nullity of the other provisions of the contract.
2. In particular, a benefit of insurance in favour of the carrier or any other similar clause, or any clause shifting the burden of proof shall be null and void.
CHAPTER VIII
Final provisions
Article 42
1. This Convention is open for signature or accession by countries members of the Economic Commission for Europe and countries admitted to the Commission in a consultative capacity under paragraph 8 of the Commission’s terms of reference.
2. Such countries as may participate in certain activities of the Economic Commission for Europe in accordance with paragraph 11 of the Commission’s terms of reference may become Contracting Parties to this Convention by acceding thereto after its entry into force.
3. The Convention shall be open for signature until 31 August 1956 inclusive. Thereafter, it shall be open for accession.
4. This Convention shall be ratified.
5. Ratification or accession shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.
Article 43
1. This Convention shall come into force on the ninetieth day after five of the countries referred to in article 42, paragraph 1, have deposited their instruments of ratification or accession.
2. For any country ratifying or acceding to it after five countries have deposited their instruments of ratification or accession, this Convention shall enter into force on the ninetieth day after the said country has deposited its instrument of ratification or accession.
Article 44
1. Any Contracting Party may denounce this Convention by so notifying the Secretary-General of the United Nations.
2. Denunciation shall take effect twelve months after the date of receipt by the Secretary-General of the notification of denunciation.
Article 45
If, after the entry into force of this Convention, the number of Contracting Parties is reduced, as a result of denunciations, to less than five, the Convention shall cease to be in force from the date on which the last of such denunciations takes effect.
Article 46
1. Any country may, at the time of depositing its instrument of ratification or accession or at any time thereafter, declare, by notification addressed to the Secretary-General of the United Nations that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. The Convention shall extend to the territory or territories named in the notification as from the ninetieth day after its receipt by the Secretary-General or, if on that day the Convention has not yet entered into force, at the time of its entry into force.
2. Any country which has made a declaration under the preceding paragraph extending this Convention to any territory for whose international relations it is responsible may denounce the Convention separately in respect of that territory in accordance with the provisions of article 44.
Article 47
Any dispute between two or more Contracting Parties relating to the interpretation or application of this Convention, which the parties are unable to settle by negotiation or other means may, at the request of any one of the Contracting Parties concerned, be referred for settlement to the International Court of Justice.
Article 48
1. Each Contracting Party may, at the time of signing, ratifying, or acceding to, this Convention, declare that it does not consider itself as bound by article 47 of the Convention. Other Contracting Parties shall not be bound by article 47 in respect of any Contracting Party which has entered such a reservation.
2. Any Contracting Party having entered a reservation as provided for in paragraph 1 may at any time withdraw such reservation by notifying the Secretary-General of the United Nations.
3. No other reservation to this Convention shall be permitted.
Article 49
1. After this Convention has been in force for three years, any Contracting Party may, by notification to the Secretary-General of the United Nations, request that a conference be convened for the purpose of reviewing the Convention. The Secretary-General shall notify all Contracting Parties of the request and a review conference shall be convened by the Secretary-General if, within a period of four months following the date of notification by the Secretary-General, not less than one-fourth of the Contracting Parties notify him of their concurrence with the request.
2. If a conference is convened in accordance with the preceding paragraph, the Secretary-General shall notify all the Contracting Parties and invite them to submit within a period of three months such proposals as they may wish the conference to consider. The Secretary-General shall circulate to all Contracting Parties the provisional agenda for the conference together with the texts of such proposals at least three months before the date on which the conference is to meet.
3. The Secretary-General shall invite to any conference convened in accordance with this article all countries referred to in article 42, paragraph 1, and countries which have become Contracting Parties under article 42, paragraph 2.
Article 50
In addition to the notifications provided for in article 49, the Secretary-General of the United Nations shall notify the countries referred to in article 42, paragraph 1, and the countries which have become Contracting Parties under article 42, paragraph 2, of:
(a) ratifications and accessions under article 42;
(b) the dates of entry into force of this Convention in accordance with article 43;
(c) denunciations under article 44;
(d) the termination of this Convention in accordance with article 45;
(e) notifications received in accordance with article 46;
(f) declarations and notifications received in accordance with article 48, paragraphs 1 and 2.
Article 51
After 31 August 1956, the original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit certified true copies to each of the countries mentioned in article 42, paragraphs 1 and 2.
IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, have signed this Convention.
DONE at Geneva, this nineteenth day of May one thousand nine hundred and fifty-six, in a single copy in the English and French languages, each text being equally authentic.
(Here follow signatures on behalf of certain States.)
Legal instruments in the field of transport
Convention on the Contract for the International Carriage of Goods by Road (CMR)
Geneva, 19 May 1956
Entry into force: 2 July 1961, in accordance with article 43.
Registration: 2 July 1961, No. 5742.
Status: Signatories: 9 ,Parties: 55.
Text: United Nations, Treaty Series, vol. 399, p. 189.
Participant
Signature
Ratification, Accession (a), Succession (d)
Albania
20 Jul 2006 a
Armenia
9 Jun 2006 a
Austria
19 May 1956
18 Jul 1960
Azerbaijan
18 Sep 2006 a
Belarus
5 Apr 1993 a
Belgium
19 May 1956
18 Sep 1962
Bosnia and Herzegovina
1 Sep 1993 d
Bulgaria
20 Oct 1977 a
Croatia
3 Aug 1992 d
Cyprus
2 Jul 2003 a
Czech Republic
2 Jun 1993 d
Denmark
28 Jun 1965 a
Estonia
3 May 1993 a
Finland
27 Jun 1973 a
France
19 May 1956
20 May 1959
Georgia
4 Aug 1999 a
Germany
19 May 1956
7 Nov 1961
Greece
24 May 1977 a
Hungary
29 Apr 1970 a
Iran (Islamic Republic of)
17 Sep 1998 a
Ireland
31 Jan 1991 a
Italy
3 Apr 1961 a
Jordan
13 Nov 2008 a
Kazakhstan
17 Jul 1995 a
Kyrgyzstan
2 Apr 1998 a
Latvia
14 Jan 1994 a
Lebanon
22 Mar 2006 a
Lithuania
17 Mar 1993 a
Luxembourg
19 May 1956
20 Apr 1964
Malta
21 Dec 2007 a
Moldova (Republic of)
26 May 1993 a
Mongolia
18 Sep 2003 a
Montenegro
23 Oct 2006 d
Morocco
23 Feb 1995 a
Netherlands
19 May 1956
27 Sep 1960
Norway
1 Jul 1969 a
Poland
19 May 1956
13 Jun 1962
Portugal
22 Sep 1969 a
Romania
23 Jan 1973 a
Russian Federation
2 Sep 1983 a
Serbia
12 Mar 2001 d
Slovakia
28 May 1993 d
Slovenia
6 Jul 1992 d
Spain
12 Feb 1974 a
Sweden
19 May 1956
2 Apr 1969
Switzerland
19 May 1956
27 Feb 1970
Syrian Arab Republic
10 Sep 2008 a
Tajikistan
11 Sep 1996 a
The Former Yugoslav Republic of Macedonia
20 Jun 1997 d
Tunisia
24 Jan 1994 a
Turkey
2 Aug 1995 a
Turkmenistan
18 Sep 1996 a
Ukraine
16 Feb 2007 a
United Kingdom of Great Britain and Northern Ireland
21 Jul 1967 a
Uzbekistan
28 Sep 1995 a
For additional information, including reservations, declarations and notes, visit the UN Treaty Website: STATUS OF THE UNITED NATIONS AGREEMENTS AND CONVENTIONS