9 th Symposium of Lawyers

(c) International Road Transport Union (IRU) 2012

9th Symposium of Lawyers

Geneva, 24 February 2012

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Presentation of the new IRU General Conditions for the International

Carriage of Goods by Road

Geneva, 24 February 2012

Sophie TomaninIn charge of TIR Legal Affairs

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9th Symposium of Lawyers

Why new IRU General Conditions?

Page 3 (c) International Road Transport Union (IRU) 2012

CMR National Legislation

Contractual Sphere General Environment• Customs• Transport• Social• New Technology

Contractual Sphere


Standard Contract (in France ‘Contrat Type’)

Bilateral commercial negotiations

• Oral agreement

Contractual Sphere


General Conditions 1994 - IRU General conditions for the international carriage of goods by

road 2002 – IRU General conditions for the international carriage of goods by

road and logistic services 2002 - Outline agreements for transport and connected logistic services 2005 – Revised IRU General conditions for the international carriage of

goods by road & Revised IRU General conditions for the international carriage of goods by road and logistic services

External Influence of the Contractual Sphere


Transport and road safety legislation/regulation

Social legislation/regulation

Customs legislation/regulation

Economic legislation/regulation

External Influence of the Contractual Sphere


Development of new technology and IT communication tools

Authorised Economic Operator

e.CMR

ENS-EXS

IRU reviewed its General Conditions


Prepare for the future (RR)

Better protect transport operators legitimate interests

Simple approach

IRU General conditions for the International carriage of goods by road -

Main innovations


Closely follows chronology of the road transport contract from:

Execution

Negotiations

Agreement

Payment

Resolution of disputes



Main innovations

Prepare for the future (RR)

Ensure commercial transparency

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• 1. General Conditions and conclusion of the contract for the international carriage of goods by road

• 1.1 Every contract (…) shall be governed by the CMR (…) even if said contract is in the framework of performing a contract for the international carriage of goods wholly or partly by sea.

• 1.3 Services ancillary (…) shall be listed in an estimate stipulating the offer’s validity.


COMMISSION ON LEGAL AFFAIRS

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COMMISSION ON LEGAL AFFAIRS

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Main innovations


Protect Economic interests of the carrier

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• 14. Remuneration of the Carrier and payment methods• 14.2 (…)• If the actual time required to perform the contract and/or

services exceeds the time and/or services agreed in the estimate, the Carrier shall be entitled to additional payment proportionate to such additional time/services.


Main innovations


Protect Economic interests of the carrier

• 14.4 The Carrier shall pass on to the debtor of carriage charges the financial consequences of fuel price alterations…

• 14.5 The Carrier shall pass on to the debtor of carriage charges the amount of road taxes and charges…

• 14.6 Payment within 30 days from the invoice.



Main innovations

Use of IT Technology

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• 3 Use of electronic consignment notes• 3.1 The Parties to the contract of carriage grant the

possibility to issue and use the CMR consignment note by electronic communication and authenticated by a reliable electronic signature or by any other electronic authentication method permitted by the law of the country in which it was made.

• 3.2 The electronic consignment note has the same legal and commercial value, including the evidentiary value, and has the same effects as if it were in paper form.



Main innovations

Use of IT Technology

• 4 Declaration obligations of the Carrier and Sender and electronic data transmission

• 4.1 (…) the Sender undertakes to provide any data pertaining to security or safety which the carrier…

• (…)

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Main innovations

Use of IT Technology• The procedure used for supplementing or amending the

consignment note or customs declaration shall enable any supplement or amendment to the electronic consignment note or customs declaration to be detected and shall preserve the original particulars.

• If the Sender has undertaken to transmit data direct to any customs authorities the number of the relevant customs declaration is to be provided to the Carrier.

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Main innovations

Protect carrier’s situation

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• Clause related to counterfeited/falsified goods

• 4.5 The Sender shall be liable to the Carrier for all expenses, loss and damage (penalties, fines, delay, vehicle immobilisation, etc.) resulting from the handing over of falsified or counterfeit goods to the Carrier, regardless of their nature.



Main innovations

Protect carrier’s situation

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• 5 Insurance

• 5.2 If the Sender so requires, the Carrier must insure, at the Sender’s expense, the goods entrusted to him for carriage. In that event, it is presumed that the Sender himself has not taken out insurance on the same goods.


Main innovations


Differentiate between ancillary and logistic services

• Ancillary

• Provision of vehicle and driver for agreed carriage• Loading by the driver• Load stowing and securing services• Unloading by the driver• Warehousing by the driver• Declaration of a special interest in delivery (if required

by the sender)• Declared value, insurance premium if insurance

requested• Idle time during loading and unloading (2 hours

included)• Customs export, import or transit formalities including

security safety• Return of supports of loads and pallets

• Logistic• Freight forwarding (organising the movement of goods

with a view to delivering these to the consignee(s) designated by the Client/Sender

• Preparation for transport/preparation for delivery• Customs formalities/procedures (customs store,

bonded warehouse, suspensive procedure, etc.)• Warehousing, storage, stock management, sorting,

supervision and control• Buffer stock management• Order assembling• Handling (preparation and movement of shipments)• Assembly/packaging/repackaging of goods (packing,

marking, labelling with a view to preparing an order or shipment)

• Supplying the customers of the Client/Sender as per the latter’s instructions

• Distribution of the goods to the customers of the Client/Sender according to the latter’s instructions

• Transport Law

• Presumed liability

• Obligation of results

• Commercial Law

• Strict liability

• Fault must be proven

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9 th Symposium of Lawyers