CMR: what it is and when it is used in international road transport

In brief

The acronym CMR is used both for the international Convention on the Contract for the Carriage of Goods by Road and, in operational language, for the related CMR consignment note. The Convention standardises important aspects of international road transport, including documentation, carrier liability, loss, damage and delay.

It is not simply “the international DDT”. Its function is different: it concerns the international carriage contract governed by the Convention and establishes a common framework between contracting countries.

What is the CMR Convention?

The Convention on the Contract for the International Carriage of Goods by Road was concluded in Geneva in 1956 under the auspices of the United Nations. Its purpose is to prevent every international carriage from having to be interpreted solely under differing national rules.

Among other matters, the Convention governs:

• the consignment note;
• the carrier's duties and checks;
• the right to dispose of the goods;
• liability for loss, damage and delay;
• compensation and the related limits;
• claims and legal actions.

When does it apply?

In general terms, Article 1 of the Convention applies to contracts for the carriage of goods by road for reward in vehicles where the place of taking over the goods and the place designated for delivery are in two different countries and at least one of those countries is a party to the Convention, regardless of the residence and nationality of the parties.

The text provides exclusions, for example for certain types of carriage. Before deciding whether a trip is or is not subject to CMR, the specific scope of application must therefore be read.

What is the role of the consignment note?

The Convention provides that the contract of carriage is evidenced by the consignment note. However, the absence, irregularity or loss of the note does not in itself mean that the contract does not exist, nor does it exclude application of the Convention where its conditions are met.

This is useful for SMEs: the CMR is very important as evidence and an operational tool, but the legal relationship should not be considered to exist only if the paper form has been completed perfectly.

Traditionally, the consignment note is issued in several originals signed by the sender and carrier, intended for the parties provided for by the Convention. In practice, it is essential to establish a consistent completion and retention procedure.

What information does it contain?

Article 6 of the Convention lists several particulars, including:

• place and date of issue;
• the sender's name and address;
• the carrier's name and address;
• the place and date of taking over the goods and the place designated for delivery;
• the consignee's name and address;
• the usual description of the nature of the goods and method of packing;
• the number of packages and their special marks and numbers;
• gross weight or quantity otherwise expressed;
• charges relating to carriage;
• instructions required for customs and other formalities;
• a statement that the carriage is subject to the CMR Convention.

Additional particulars are also provided for where necessary or agreed. For dangerous goods, the Convention contains specific provisions and coordinates with the ADR framework.

Carrier reservations and the condition of the goods

When taking over the goods, the carrier must check, within the limits provided by the Convention, the accuracy of the particulars concerning the number of packages and their marks/numbers, and the apparent condition of the goods and their packaging. When it has no reasonable means to check certain particulars or identifies anomalies, it may enter reasoned reservations on the consignment note.

Operationally, this is a decisive step. Signing without any note when there is an obvious anomaly can make it harder to reconstruct later the condition in which the goods were taken over.

Liability and limits

The Convention contains a specific carrier-liability system for total or partial loss, damage and delay between taking over and delivery, together with grounds for exemption and rules for calculating compensation. It also provides for quantitative limitations expressed by reference to Special Drawing Rights (SDR) in certain cases.

This area is complex and depends on the specific case: the value of the goods, declarations made, circumstances of the event, and any wilful misconduct or qualified fault under the applicable law. An informational resource cannot replace legal or insurance analysis of a claim.

e-CMR: the electronic version

The 2008 Additional Protocol allows the use of an electronic consignment note, provided that the requirements for authenticity, integrity and data management are met.

Italy deposited its instrument of accession to the e-CMR Protocol on 28 June 2024; for Italy, the Protocol entered into force on 26 September 2024. This provides the legal framework for using e-CMR in relations with states where the Protocol applies, while platforms, processes and counterparties must still be compatible.

e-CMR does not simply mean photographing a CMR and saving it as a PDF: the Protocol requires an electronic system that meets specific requirements.

Practical example

An Italian carrier collects machinery in Turin for delivery in Lyon. The carriage is for reward, the places of collection and delivery are in different states, and the Convention's conditions are met. The CMR consignment note records the sender, carrier, consignee, goods, locations and other required data.

If some packaging is visibly damaged at collection, the carrier must assess the checks and any reservations to be entered under the Convention, rather than merely relying on a photograph kept only on the driver's phone.

CMR operational checklist

• Does the carriage fall within the scope of the Convention?
• Are the sender, carrier and consignee correct?
• Are collection and delivery clearly stated?
• Do the number of packages, goods and weight/quantity match what was taken over?
• Does the packaging show visible anomalies?
• Are reasoned reservations required?
• Are there customs or special instructions?
• If e-CMR is used, does the process comply with the applicable Protocol?