9 th symposium of lawyers
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9 th Symposium of Lawyers. Geneva, 24 February 2012. 9 th Symposium of Lawyers . Presentation of the new IRU General Conditions for the International Carriage of Goods by Road. Geneva, 24 February 2012. Sophie Tomanin In charge of TIR Legal Affairs . Why new IRU General Conditions?. CMR. - PowerPoint PPT PresentationTRANSCRIPT
(c) International Road Transport Union (IRU) 2012
9th Symposium of Lawyers
Geneva, 24 February 2012
Page 1
(c) International Road Transport Union (IRU) 2012
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
Page 2
9th Symposium of Lawyers
Why new IRU General Conditions?
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CMR National Legislation
Contractual Sphere General Environment• Customs• Transport• Social• New Technology
Contractual Sphere
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Standard Contract (in France ‘Contrat Type’)
Bilateral commercial negotiations
• Oral agreement
Contractual Sphere
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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
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Transport and road safety legislation/regulation
Social legislation/regulation
Customs legislation/regulation
Economic legislation/regulation
External Influence of the Contractual Sphere
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Development of new technology and IT communication tools
Authorised Economic Operator
e.CMR
ENS-EXS
IRU reviewed its General Conditions
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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
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Closely follows chronology of the road transport contract from:
Execution
Negotiations
Agreement
Payment
Resolution of disputes
(c) International Road Transport Union (IRU) 2012
IRU General conditions for the International carriage of goods by road -
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.
(c) International Road Transport Union (IRU) 2011
COMMISSION ON LEGAL AFFAIRS
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(c) International Road Transport Union (IRU) 2011
COMMISSION ON LEGAL AFFAIRS
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IRU General conditions for the International carriage of goods by road -
Main innovations
(c) International Road Transport Union (IRU) 2012
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.
IRU General conditions for the International carriage of goods by road -
Main innovations
Page 14 (c) International Road Transport Union (IRU) 2012
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.
(c) International Road Transport Union (IRU) 2012
IRU General conditions for the International carriage of goods by road -
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.
(c) International Road Transport Union (IRU) 2012
IRU General conditions for the International carriage of goods by road -
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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(c) International Road Transport Union (IRU) 2012
IRU General conditions for the International carriage of goods by road -
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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(c) International Road Transport Union (IRU) 2012
IRU General conditions for the International carriage of goods by road -
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.
(c) International Road Transport Union (IRU) 2012
IRU General conditions for the International carriage of goods by road -
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.
IRU General conditions for the International carriage of goods by road -
Main innovations
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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
www.iru.org
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