CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD (CMR)

Geneva, 19 May 1956

PREAMBLE

THE CONTRACTING PARTIES,

RECOGNISING the desirability of standardising the conditions governing contracts for the international carriage of goods by road, particularly with regard to the documents used for such carriage and 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 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, the term “vehicles” means motor vehicles, articulated vehicles, trailers and semi-trailers as defined in Article 4 of the Convention on Road Traffic dated 19 September 1949.
3. This Convention shall apply also when carriage falling within its scope is carried out by States or by governmental institutions or organisations.
4. This Convention shall not apply to:

a) carriage performed under the terms of any international postal convention;

b) funeral consignments;

c) furniture removal.

5. The Contracting Parties agree not to vary the provisions of this Convention by special agreements concluded between two or more Contracting Parties, except that they may exclude from its application frontier traffic or authorise the use of consignment notes representing title to goods for carriage exclusively within their own territory.

Article 2

1. Where the vehicle containing the goods is carried over part of the journey by sea, rail, inland waterways or air, without the goods being unloaded from the vehicle, except where the provisions of Article 14 apply, this Convention shall nevertheless apply to the whole of the carriage. However, in so far as 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 resulted from an 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 had been made by the consignor 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 paragraph 1 of this Article, but as if his activities as carrier by road and carrier by the other means of transport were performed by 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 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 consignor and by the carrier. These signatures may be printed or replaced by the stamps of the consignor and 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 consignor, 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 consignor 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.

Article 6

1. The consignment note shall contain the following particulars:

a) the date of the consignment note and the place at which it is made out;

b) the name and address of the consignor;

c) the name and address of the carrier;

d) the place and date of taking over of the goods and the place designated for delivery;

e) the name and address of the consignee;

f) the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognised description;

g) the number of packages and their special marks and numbers;

h) the gross weight of the goods or their quantity otherwise expressed;

i) charges relating to the carriage, including supplementary charges, customs duties and other charges incurred from the making of the contract to the time of delivery;

j) instructions required for customs and other formalities;

k) a statement that the carriage is subject, notwithstanding any clause to the contrary, to the provisions of this Convention.

2. Where applicable, the consignment note shall also contain the following particulars:

a) a statement that trans-shipment is not permitted;

b) the charges which the consignor undertakes to pay;

c) the amount of the charges payable on delivery of the goods;

d) the declared value of the goods and the amount representing special interest in delivery;

e) the consignor’s instructions to the carrier regarding insurance of the goods;

f) the agreed time limit within which the carriage is to be carried out;

g) a list of the documents handed to the carrier.

3. The parties may enter in the consignment note any other particulars which they may consider useful.

Article 7

1. The consignor shall be responsible for all expenses, loss and damage sustained by the carrier by reason of the inaccuracy or inadequacy of:

a) the particulars specified in Article 6, paragraph 1, sub-paragraphs (b), (d), (e), (f), (g), (h) and (j);

b) the particulars specified in Article 6, paragraph 2;

c) any other particulars or instructions given by him for the making out of the consignment note or for inclusion therein.

2. If, at the request of the consignor, the carrier enters in the consignment note the particulars referred to in paragraph 1 of this Article, he shall be deemed, unless proof to the contrary is forthcoming, to have done so on behalf of the consignor.
3. If the consignment note does not contain the statement specified in Article 6, paragraph 1, sub-paragraph (k), the carrier shall be liable for all expenses, loss and damage sustained by the person entitled to dispose of the goods as a result of the absence of such statement.

Article 8

1. When taking over the goods, the carrier shall check:

a) the accuracy of the statements in the consignment note relating to the number of packages and their marks and numbers;

b) the apparent condition of the goods and their packaging.

2. Where the carrier has no reasonable means of checking the accuracy of the statements referred to in paragraph 1, sub-paragraph (a), he shall enter his reservations in the consignment note together with the grounds on which they are based. He shall likewise specify the grounds for any reservations which he makes with regard to the apparent condition of the goods and their packaging. Such reservations shall not bind the consignor unless he has expressly agreed to be bound by them in the consignment note.
3. The consignor shall be entitled to require the carrier to check the gross weight of the goods or their quantity otherwise expressed. He may also require the contents of the packages to be checked. The carrier shall be entitled to claim the cost of such checking. The result of the checks shall be entered in the consignment note.

Article 9

1. The consignment note shall be prima facie evidence of the making of the contract of carriage, the conditions of the contract and the receipt of the goods by the carrier.
2. If the consignment note contains no specific reservations by the carrier, it shall be presumed, unless the contrary is proved, that the goods and their packaging were in good apparent condition when the carrier took them over and that the number of packages and their marks and numbers corresponded with the statements in the consignment note.

Article 10

The consignor shall be liable to the carrier for loss, damage and expenses caused by defective packing of the goods, unless the defect was apparent or known to the carrier at the time when he took over the goods and he made no reservations concerning it.

Article 11

1. For the purpose of customs and other formalities which have to be completed before delivery of the goods, the consignor shall attach the necessary documents to the consignment note or place them at the disposal of the carrier and shall furnish him with all the information which he requires.
2. The carrier shall not be under an obligation to examine whether these documents and information are accurate or sufficient. The consignor shall be liable to the carrier for any damage caused by the absence, inadequacy or irregularity of such documents and information, except in the case of some wrongful act or negligence on the part of the carrier.
3. The liability of the carrier for the consequences arising from the loss or incorrect use of the documents specified in and attached to the consignment note shall be that of an agent, but the amount of compensation payable by the carrier shall not exceed that payable in the event of loss of the goods.

Article 12

1. The consignor has the right to dispose of the goods, in particular by requiring the carrier to stop the goods in transit, to change the place at which delivery is to take place or to deliver the goods to a consignee other than the consignee indicated in the consignment note.
2. This right shall cease to exist when the second copy of the consignment note is handed to the consignee or when the consignee exercises his right under Article 13, paragraph 1; from that time onwards the carrier shall obey the orders of the consignee.
3. Nevertheless, the right of disposal shall pass to the consignee from the time when the consignment note is drawn up if the consignor so specifies in the consignment note.
4. If, in exercising his right of disposal, the consignee has ordered the delivery of the goods to another person, that other person shall not be entitled to designate a different consignee.
5. The exercise of the right of disposal shall be subject to the following conditions:

a) the consignor or, in the case referred to in paragraph 3 of this Article, the consignee wishing to exercise this right shall produce the first copy of the consignment note on which the new instructions to the carrier have been entered and shall indemnify the carrier against all expenses, loss and damage involved in carrying out such instructions;

b) the carrying out of the instructions shall be possible at the time when the instructions reach the person who is required to carry them out and shall neither interfere with the normal working of the carrier’s undertaking nor prejudice the consignors or consignees of other consignments;

c) the instructions shall not result in a division of the consignment.

6. When, by reason of the provisions of paragraph 5, sub-paragraph (b), the carrier cannot carry out the instructions which he receives, he shall immediately notify the person who gave the instructions.
7. A carrier who has not carried out the instructions given under the conditions provided for in this Article or who has carried them out without requiring the first copy of the consignment note to be presented shall be liable to the person entitled to make a claim for any loss or damage caused thereby.

Article 13

1. After arrival of the goods at the place designated for delivery, the consignee shall be entitled to require the carrier to hand over to him, against a receipt, the second copy of the consignment note and the goods. If the loss of the goods is established or if the goods have not arrived after the expiry of the period provided for in Article 19, the consignee shall be entitled, in his own name, to enforce against the carrier any rights arising from the contract of carriage.
2. The consignee who avails himself of the rights granted to him under paragraph 1 of this Article shall pay the charges shown as due in the consignment note. In the event of dispute on this matter, the carrier shall not be required to deliver the goods unless security has been furnished by the consignee.

Article 14

1. If for any reason it is or becomes impossible to perform the contract in accordance with the terms laid down in the consignment note, the carrier shall ask for instructions from the person entitled to dispose of the goods in accordance with Article 12.
2. Nevertheless, if circumstances are such as to allow the carriage to be performed under conditions differing from those laid down in the consignment note and if the carrier has been unable to obtain instructions from the person entitled to dispose of the goods in accordance with Article 12 within a reasonable time, he shall take the steps which he considers to be in the best interests of the person entitled to dispose of the goods.

Article 15

1. Where circumstances prevent delivery of the goods after their arrival at the place designated for delivery, the carrier shall ask the consignor for instructions. If the consignee refuses to accept the goods, the consignor shall have the right to dispose of them without being required to produce the first copy of the consignment note.
2. Even though he has refused the goods, the consignee may still require delivery of the goods so long as the carrier has not received contrary instructions from the consignor.
3. Where the circumstances preventing delivery of the goods arise after the consignee, in exercising his rights under Article 12, paragraph 3, has ordered the goods to be delivered to another person, paragraphs 1 and 2 of this Article shall apply as if the consignee were the consignor and that other person were the consignee.

Article 16

1. The carrier shall be entitled to recover the cost of his request for instructions or of carrying out such instructions, unless the cost was incurred through his fault.
2. In the cases provided for in Article 14, paragraph 1, and in Article 15, the carrier may immediately unload the goods at the expense of the person entitled to dispose of them, whereupon the carriage shall be deemed to have terminated. He shall then hold the goods on behalf of the person so entitled. He may entrust the goods to a third party, and his liability shall then be limited to the exercise of reasonable care in the choice of such third party. The charges due under the consignment note and all other expenses shall remain payable.
3. The carrier may sell the goods, without awaiting instructions from the person entitled to dispose of them, if the goods are perishable or if their condition warrants such action, or if the storage expenses would be disproportionate to the value of the goods. He may also sell the goods in other cases if, after a reasonable period, he has not received contrary instructions from the person entitled to dispose of the goods which could reasonably be carried out.
4. If the goods have been sold pursuant to this Article, the proceeds of the sale, after deduction of the expenses chargeable against the goods, shall be placed at the disposal of the person entitled to dispose of the goods. If these expenses exceed the proceeds of the sale, the carrier shall be entitled to the difference.
5. The procedure in the case of sale shall be determined by the law or custom of the place where the goods are situated.

CHAPTER IV

LIABILITY OF THE CARRIER

Article 17

1. The carrier shall be liable for the total or partial loss of the goods and for damage thereto occurring between the time when he takes over the goods and the time of delivery, as well as for any delay in delivery.
2. The carrier shall, however, be relieved of liability if the loss, damage or delay was caused by the wrongful act or neglect of the claimant, by instructions given by the claimant other than as a result of a wrongful act or neglect on the part of the carrier, by inherent defects in the goods or by circumstances which the carrier could not avoid and the consequences of which he was unable to prevent.
3. The carrier shall not be relieved of liability by reason of the defective condition of the vehicle used by him in the carriage, or by reason of the wrongful act or neglect of the person from whom he may have hired the vehicle or of the agents or servants of that person.
4. Subject to the provisions of Article 18, paragraphs 2 to 5, the carrier shall be relieved of liability when the loss or damage arises from the special risks inherent in one or more of the following circumstances:

a) use of open and uncovered vehicles, when their use has been expressly agreed and specified in the consignment note;

b) the lack of, or defective condition of, packing in the case of goods which, by their nature, are liable to be wasted or damaged when not packed or when not properly packed;

c) handling, loading, stowage or unloading of the goods by the consignor or consignee or persons acting on behalf of the consignor or consignee;

d) the nature of certain kinds of goods which particularly exposes them to total or partial loss or damage, especially through breakage, rust, decay, desiccation, leakage, normal wastage, or the action of moth or vermin;

e) insufficiency or inadequacy of marks or numbers on the packages;

f) carriage of livestock.

5. Where under this Article the carrier is not liable for some of the factors causing the loss, damage or delay, he shall be liable only to the extent that the factors for which he is liable under this Article have contributed to the loss, damage or delay.

Article 18

1. The burden of proving that loss, damage or delay was due to one of the specified causes set out in Article 17, paragraph 2, shall rest upon the carrier.
2. When the carrier establishes that, having regard to the circumstances of the case, the loss or damage could be attributed to one or more of the special risks referred to in Article 17, paragraph 4, it shall be presumed that it was so caused. The claimant shall, however, be entitled to prove that the loss or damage was not, in fact, attributable either wholly or partly to one of these risks.
3. This presumption shall not apply if there has been an abnormal shortage or a loss of any package.
4. If the carriage is performed in a vehicle specially equipped to protect the goods from the effects of heat, cold, variations in temperature or the humidity of the air, the carrier shall not be entitled to avail himself of the provisions of Article 17, paragraph 4, sub-paragraph (d), unless he proves that all steps which he was required to take in the circumstances with respect to the choice, maintenance and use of such special equipment have been taken and that he has complied with any special instructions issued to him.
5. The carrier shall not be entitled to avail himself of the provisions of Article 17, paragraph 4, sub-paragraph (f), unless he proves that all steps normally incumbent on him, having regard to the circumstances, have been taken and that he has complied with any special instructions issued to him.
   

   Article 19

   Delay in delivery shall be said to occur when the goods have not been delivered within the agreed time limit or, when there is no agreed time limit, when the actual duration of the carriage, having regard to the circumstances of the case and in particular, in the case of partial loads, the time required for making up a complete load in the normal way, exceeds the time which it would be reasonable to allow a diligent carrier.

   Article 20

   1. The fact that the goods have not been delivered within thirty days after the expiry of the agreed time limit, or, if there is no agreed time limit, within sixty days from the time when the carrier took over the goods, shall be conclusive evidence that the goods are lost and the person entitled to make a claim may, on that account, treat them as lost.
   2. A person so entitled may, on receipt of compensation for the missing goods, request in writing that he shall be notified immediately should the goods be recovered in the course of the year following the payment of compensation. He shall be given a written acknowledgement of such request.
   3. Within thirty days of receiving such notification, the person entitled may require the goods to be delivered to him in return for payment of the charges shown as due in the consignment note and also for repayment of the compensation he received, less any charges included therein, but without prejudice to any claims to compensation for delay in delivery under Article 23 and, where applicable, Article 26.
   4. In the absence of the request mentioned in paragraph 2 or of any instructions given within the period specified in paragraph 3, or if the goods are not recovered until more than one year after the payment of compensation, the carrier shall be entitled to dispose of them in accordance with the law of the place where the goods are situated.

   Article 21

   Should the goods be delivered to the consignee without collection by the carrier of the charges due under the contract of carriage from the consignee, the carrier shall be liable to the consignor for the amount of such charges, without prejudice to his right of recovery from the consignee.

   Article 22

   1. When the consignor hands dangerous goods to the carrier, he shall inform the carrier of the exact nature of the danger and indicate, if necessary, the precautions to be taken. If this information has not been entered in the consignment note, the burden of proving by some other means that the carrier knew the exact nature of the danger constituted by carrying the said goods shall rest upon the consignor or consignee.
   2. Dangerous goods which, in the circumstances referred to in paragraph 1 of this Article, the carrier did not know were dangerous, may at any time or place be unloaded, destroyed or rendered harmless by the carrier without compensation, and the consignor shall be liable for all expenses, loss or damage arising out of their being handed over for carriage or of their carriage.

   Article 23

   1. When, under the provisions of this Convention, a carrier is liable for compensation in respect of total or partial loss of the goods, such compensation shall be calculated by reference to the value of the goods at the place and time at which they were accepted for carriage.
   2. The value of the goods shall be fixed according to the commodity exchange price or, in the absence of such price, according to the current market price or, in the absence of both, according to the normal value of goods of the same kind and quality.
   3. Nevertheless, the compensation shall not exceed 8.33 units of account per kilogram of gross weight short.
   4. In addition, the carriage charges, Customs duties and other charges incurred in respect of the carriage of the goods shall be refunded in full in case of total loss and in proportion to the loss sustained in case of partial loss; further damages shall not be due.
   5. In the case of delay, if the claimant proves that damage has resulted therefrom, the carrier shall be liable for such damage up to a sum not exceeding the carriage charges.
   6. Higher compensation may only be claimed where the value of the goods or a special interest in delivery has been declared in accordance with Articles 24 and 26.

   Article 24

   For an agreed additional charge, the consignor may declare in the consignment note a value for the goods exceeding the limit laid down in Article 23, paragraph 3, and in that case the amount of the declaration shall be substituted for that limit.

   Article 25

   1. In case of damage to the goods, the carrier shall be liable for the amount by which the value of the goods has been diminished, calculated by reference to the value of the goods fixed in accordance with Article 23, paragraphs 1, 2 and 4.
   2. Nevertheless, the compensation shall not exceed:

   a) if the whole consignment has been damaged, the amount payable in the case of total loss;

   b) if only part of the consignment has been damaged, the amount payable in the case of loss of the part affected.

   Article 26

   1. The consignor may, against payment of an agreed supplementary charge, fix the amount of a special interest in delivery in case of loss, damage or delay in delivery by entering such amount in the consignment note.
   2. If a declaration of a special interest in delivery has been made, compensation for additional loss or damage may be claimed up to the total amount of the interest declared, independently of the compensation provided for in Articles 23, 24 and 25.

   Article 27

   1. The claimant shall be entitled to interest on compensation payable. Such interest, calculated at five per cent per annum, shall accrue from the date on which the claim is sent in writing to the carrier or, if no such claim has been made, from the date on which legal proceedings are instituted.
   2. When the amounts on which the calculation of the compensation is based are not expressed in the currency of the country in which payment is claimed, conversion shall be made at the rate of exchange applicable on the day when payment of compensation is made.

   Article 28

   1. In cases where, under the law applicable, loss, damage or delay in delivery gives rise to an extra-contractual claim, the carrier shall be entitled to avail himself of the provisions of this Convention which exclude his liability or which determine or limit the compensation payable.
   2. When extra-contractual liability in respect of loss, damage or delay in delivery is asserted against any person for whom the carrier is responsible under the terms of Article 3, such person shall be entitled to avail himself of the provisions of this Convention which exclude the liability of the carrier or which determine or limit the compensation payable.

   Article 29

   1. The carrier shall not be entitled to avail himself of the provisions of this Chapter which exclude or limit his liability or which shift the burden of proof if the damage was caused by his wilful misconduct or by such default on his part as, in accordance with the law of the country where the claim is made, is considered as equivalent to wilful misconduct.
   2. The same shall apply if the wilful misconduct or default is committed by the agents, servants or any other persons of whose services the carrier makes use for the performance of the carriage, when such agents, servants or other persons are acting within the scope of their employment. Furthermore, such agents, servants or other persons shall not be entitled, with regard to their personal liability, to avail themselves of the provisions of this Chapter referred to in paragraph 1.

   CHAPTER V

   CLAIMS AND ACTIONS

   Article 30

   1. If the consignee takes delivery of the goods without duly checking their condition with the carrier or without sending him reservations indicating the general nature of the loss or damage, not later than the time of delivery in the case of apparent loss or damage, and within seven days of delivery, Sundays and public holidays excepted, in the case of loss or damage which is not apparent, the fact of taking delivery shall be prima facie evidence that he has received the goods in the condition described in the consignment note. In the case of loss or damage which is not apparent, reservations must be made in writing.
   2. Where the condition of the goods has been duly checked by the consignee and the carrier, evidence contradicting the results of this check shall only be admissible in the case of loss or damage which is not apparent and provided that the consignee has sent written reservations to the carrier within seven days of the date of the check, Sundays and public holidays excepted.
   3. No compensation shall be payable for delay in delivery unless reservations have been sent in writing to the carrier within twenty-one days of the date on which the goods were placed at the consignee’s disposal.
   4. In calculating the time limits provided for in this Article, the date of delivery, the date of the check or the date on which the goods were placed at the consignee’s disposal shall not be included.
   5. The carrier and the consignee shall give each other every reasonable facility for making the requisite investigations and checks.

   Article 31

   1. In legal proceedings arising out of carriage under this Convention, the claimant may bring an action in any court or tribunal of a Contracting country designated by agreement between the parties and, in addition, in the courts or tribunals of a country within whose territory:

   a) the defendant is ordinarily resident, or has his principal place of business, branch or agency through which the contract of carriage was made;

   b) the place where the goods were taken over or the place designated for delivery is situated;

   and in no other courts or tribunals.

   2. Where an action in respect of a matter referred to in paragraph 1 of this Article is pending before a court or tribunal competent under that paragraph, or where such court or tribunal has given judgment in such an action, no new action shall be brought between the same parties on the same grounds unless the judgment of the court or tribunal before which the first action was brought is not enforceable in the country in which the new action is brought.
   3. When a judgment given by a court or tribunal of a Contracting country in any such action is enforceable in that country, it shall also become enforceable in each of the other Contracting countries as soon as the formalities required in the country concerned have been complied with. These formalities shall not permit the merits of the case to be re-opened.
   4. The provisions of paragraph 3 of this Article shall apply to judgments after a trial, judgments in default and judicial settlements, but shall not apply to interim judgments or to awards of damages in addition to costs against a plaintiff whose claim is wholly or partly rejected.
   5. Security for costs shall not be required in proceedings arising out of carriage under this Convention from nationals of Contracting countries who are resident or have their principal place of business in one of those countries.

   Article 32

   1. The period of limitation for an action arising out of carriage under this Convention shall be one year. However, in the case of wilful misconduct, or such default as is considered by the law of the court or tribunal seized of the case to be equivalent to wilful misconduct, the period of limitation shall be three years. The period of limitation shall begin:

   a) in the case of partial loss, damage or delay in delivery, from the date of delivery;

   b) in the case of total loss, from the thirtieth day after the expiry of the agreed time limit or, where there is no agreed time limit, from the sixtieth day from the date on which the carrier took over the goods;

   c) in all other cases, on the expiry of a period of three months after the making of the contract of carriage.

   The day on which the period of limitation begins to run shall not be included in the period.

   2. A written claim shall suspend the period of limitation until the date on which the carrier rejects the claim by notification in writing and returns the documents attached thereto. In the event of a partial admission of a claim, the period of limitation shall resume only in respect of that part of the claim which remains in dispute. The burden of proving receipt of the claim or of the reply and of the return of the documents shall rest on the party relying on these facts. Further claims having the same object shall not suspend the period of limitation.
   3. Subject to the provisions of paragraph 2 above, extension of the period of limitation shall be governed by the law of the court or tribunal seized of the case. That law shall also govern the rights to make a counterclaim or set-off.
   4. A claim which has become barred by limitation shall not be capable of being invoked by way of counterclaim or set-off.

   Article 33

   The contract of carriage may contain a clause conferring jurisdiction on an arbitration tribunal if the clause provides that the tribunal shall apply this Convention.

   CHAPTER VI

   PROVISIONS RELATING TO CARRIAGE PERFORMED BY SUCCESSIVE CARRIERS

   Article 34

   If carriage governed by a single contract is performed by successive road carriers, each of them shall be responsible for the performance of the whole operation, the second carrier and each succeeding carrier becoming a party to the contract of carriage, under the terms of the consignment note, by reason of his acceptance of the goods and the consignment note.

   Article 35

   1. A carrier accepting the goods from a previous carrier shall give the latter a dated and signed receipt. He shall enter his name and address on the second copy of the consignment note. Where applicable, he shall enter on the second copy of the consignment note and on the receipt reservations similar to those provided for in Article 8, paragraph 2.
   2. The provisions of Article 9 shall apply to the relations between successive carriers.

   Article 36

   Except in the case of a counterclaim or a set-off in an action concerning a claim based on the same contract of carriage, an action for liability for loss, damage or delay may be brought only against the first carrier, the last carrier or the carrier who was performing that portion of the carriage during which the event causing the loss, damage or delay occurred; an action may be brought at the same time against several of these carriers.

   Article 37

   A carrier who has paid compensation in accordance with the provisions of this Convention shall be entitled to recover such compensation, together with interest and expenses incurred in connection with the claim, from the other carriers who took part in the carriage, subject to the following provisions:

   a) the carrier responsible for the loss or damage shall alone be liable for the compensation, whether the compensation was paid by himself or by another carrier;

   b) when the loss or damage was caused by two or more carriers, each shall be liable for an amount proportionate to his share of responsibility; should it be impossible to apportion the responsibility, each carrier shall be liable in proportion to the share of the payment for the carriage which is due to him;

   c) should it be impossible to determine which carriers are responsible, the amount of the compensation shall be apportioned between all the carriers in proportion to the share of the payment for the carriage due to each.

   Article 38

   If one of the carriers is insolvent, the share of the compensation due from him and unpaid shall be divided among the other carriers in proportion to the share of the payment for the carriage due to each.

   Article 39

   1. A carrier against whom a claim is made under Articles 37 and 38 shall not be entitled to contest the validity of the payment made by the carrier who has made the claim if the amount of the compensation was determined by judicial authority after due notice had been given to the former carrier of the proceedings and he had been afforded an opportunity to enter an appearance.
   2. A carrier wishing to bring proceedings to enforce his right of recovery may make his claim in the competent court or tribunal of the country in which one of the carriers concerned is ordinarily resident or has his principal place of business, branch or agency through which the contract of carriage was made. All the carriers concerned may be made defendants in the same proceedings.
   3. The provisions of Article 31, paragraphs 3 and 4, shall apply to judgments given in proceedings concerning recovery under Articles 37 and 38.
   4. The provisions of Article 32 shall apply to claims between carriers. The period of limitation shall begin on the date of the final judicial decision determining the amount of compensation payable under the provisions of this Convention or, if there is no such judicial decision, from the actual date of payment.

   Article 40

   Carriers shall be free to agree among themselves on provisions differing from those laid down in Articles 37 and 38.

   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 shall be 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 accession 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 subject to ratification.
   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 enter 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 each 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 on which notification thereof is received by the Secretary-General.

   Article 45

   If, after the entry into force of this Convention, the number of Contracting Parties is reduced to less than five as a result of denunciations, 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 the deposit of its instrument of ratification or accession or at any time thereafter, by notification addressed to the Secretary-General of the United Nations, declare that this Convention shall apply to all or any of the territories for the international relations of which it is responsible. This Convention shall apply to the territory or territories named in the notification as from the ninetieth day after the date of receipt of such notification by the Secretary-General or, if the Convention has not yet entered into force at that time, then from the date of its entry into force.
   2. Any country which has made a declaration under paragraph 1 of this Article applying 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 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 to the International Court of Justice.

   Article 48

   1. Any Contracting Party may, at the time of signing or ratifying this Convention or acceding thereto, declare that it does not consider itself bound by Article 47 of the Convention. Other Contracting Parties shall not be bound by Article 47 with respect to any Contracting Party having made such a reservation.
   2. Any Contracting Party having made a reservation in accordance with paragraph 1 may at any time withdraw this reservation by notification addressed to 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 addressed to the Secretary-General of the United Nations, request that a conference be convened for the purpose of revising this Convention. The Secretary-General shall notify all Contracting Parties of the request and shall convene a revision conference if, within a period of four months from the date of the notification, 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 paragraph 1 of this Article, the Secretary-General shall notify all the Contracting Parties and invite them to submit within a period of three months such proposals as they wish to have considered by the conference. 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 due to open.
   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 all countries which have become Contracting Parties under Article 42, paragraph 2.

   Article 50

   In addition to the notifications provided for in Article 49, paragraphs 1 and 2, 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:

   a) of ratifications and accessions under Article 42;

   b) of the dates of entry into force of this Convention under Article 43;

   c) of denunciations under Article 44;

   d) of the termination of this Convention under Article 45;

   e) of notifications received under Article 46;

   f) of declarations and notifications received under Article 48.

   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 copies thereof to each of the countries referred to 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, both texts being equally authentic.

   SIGNATURE PROTOCOL

   At the time of signing the Convention on the Contract for the International Carriage of Goods by Road, the undersigned, being duly authorised thereto, have agreed upon the following statement and clarification:

   1. This Convention shall not apply to carriage between the United Kingdom of Great Britain and Northern Ireland and the Republic of Ireland.
   2. With regard to Article 1, paragraph 4:

   The undersigned undertake to negotiate a Convention governing contracts for the carriage of furniture removals and combined transport.

   IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, have signed this Protocol.

   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, both texts being equally authentic.

   PROTOCOL TO THE CONVENTION ON THE CONTRACT FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD (CMR)

   Geneva, 5 July 1978

   THE PARTIES TO THIS PROTOCOL,

   BEING PARTIES to the Convention on the Contract for the International Carriage of Goods by Road (CMR), done at Geneva on 19 May 1956,

   HAVE AGREED as follows:

   Article 1

   For the purposes of this Protocol, the term “Convention” means the Convention on the Contract for the International Carriage of Goods by Road (CMR).

   Article 2

   Article 23 of the Convention shall be amended as follows:

   1. The text of paragraph 3 shall be replaced by the following:

   “3. Nevertheless, the compensation shall not exceed 8.33 units of account per kilogram of gross weight short.”

   2. The following paragraphs 7, 8 and 9 shall be added:

   “7. The unit of account referred to in this Convention is the Special Drawing Right as defined by the International Monetary Fund. The amount referred to in paragraph 3 of this Article shall be converted into the national currency of the State of the court seized of the case on the basis of the value of that currency on the date of the judgment or on such date as may be agreed upon by the Parties. The value of the national currency of a Contracting State, in terms of the Special Drawing Right, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund on the date in question for its own operations and transactions. The value of the national currency of a State which is not a member of the International Monetary Fund, in terms of the Special Drawing Right, shall be calculated in a manner determined by that State.

   8. Nevertheless, a State which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph 7 of this Article may, at the time of ratification of or accession to the Protocol to the CMR or at any time thereafter, declare that the limit of liability provided for in paragraph 3 of this Article to be applied in its territory shall be 25 monetary units. The monetary unit referred to in this paragraph corresponds to 10/31 grams of gold of 900 fineness. Conversion of the amount into the national currency shall be made in accordance with the law of the State concerned.
   9. The calculation referred to in the last sentence of paragraph 7 of this Article and the conversion referred to in paragraph 8 of this Article shall be made in such a manner as to express in the national currency of the State as far as possible the same real value for the amount referred to in paragraph 3 of this Article as is expressed in units of account. States shall communicate to the Secretary-General of the United Nations the method of calculation pursuant to paragraph 7 of this Article and the result of the conversion pursuant to paragraph 8 of this Article, as well as any subsequent changes thereto.”

   FINAL PROVISIONS

   Article 3

   1. This Protocol shall be open for signature by countries which have signed the Convention or acceded thereto and are either members of the Economic Commission for Europe or admitted to the Commission in a consultative capacity under paragraph 8 of the Commission’s terms of reference.
   2. This Protocol shall remain open for accession by any of the countries referred to in paragraph 1 of this Article which is a Contracting Party to the Convention.
   3. 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 and which have acceded to the Convention may become Contracting Parties to this Protocol by acceding thereto after its entry into force.
   4. This Protocol shall be open for signature at Geneva from 1 September 1978 to 31 August 1979 inclusive. Thereafter it shall be open for accession.
   5. This Protocol shall be subject to ratification after the country concerned has ratified or acceded to the Convention.
   6. Ratification of or accession to this Protocol shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.
   7. Any instrument of ratification or accession deposited after the entry into force of an amendment to this Protocol which applies to all Contracting Parties or after the completion of all the measures required for the entry into force of such amendment with respect to all Contracting Parties shall be deemed to apply to the Protocol as amended.

   Article 4

   1. This Protocol shall enter into force on the ninetieth day after five of the countries referred to in Article 3, paragraphs 1 and 2, have deposited their instruments of ratification or accession.
   2. For each country ratifying or acceding to this Protocol after five countries have deposited their instruments of ratification or accession, this Protocol shall enter into force on the ninetieth day after the said country has deposited its instrument of ratification or accession.

   Article 5

   1. Any Contracting Party may denounce this Protocol by so notifying the Secretary-General of the United Nations.
   2. Denunciation shall take effect twelve months after the date on which notification thereof is received by the Secretary-General.
   3. Any Contracting Party which ceases to be a Party to the Convention shall on the same date cease to be a Party to this Protocol.

   Article 6

   If, after the entry into force of this Protocol, the number of Contracting Parties is reduced to less than five as a result of denunciations, this Protocol shall cease to be in force from the date on which the last of such denunciations takes effect. It shall also cease to be in force from the date on which the Convention ceases to be in force.

   Article 7

   1. Any country may, at the time of the deposit of its instrument of ratification or accession or at any time thereafter, by notification addressed to the Secretary-General of the United Nations, declare that this Protocol shall apply to all or any of the territories for the international relations of which it is responsible and to which the Convention applies pursuant to Article 46. This Protocol shall apply to the territory or territories named in the notification as from the ninetieth day after the date of receipt of such notification by the Secretary-General or, if the Protocol has not yet entered into force at that time, then from the date of its entry into force.
   2. Any country which has made a declaration under paragraph 1 of this Article applying this Protocol to any territory for whose international relations it is responsible may denounce the Protocol separately in respect of that territory in accordance with Article 5.

   Article 8

   Any dispute between two or more Contracting Parties relating to the interpretation or application of this Protocol 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 to the International Court of Justice.

   Article 9

   1. Any Contracting Party may, at the time of signing, ratifying this Protocol or acceding thereto, declare that it does not consider itself bound by Article 8 of this Protocol. Other Contracting Parties shall not be bound by Article 8 with respect to any Contracting Party having made such a reservation.
   2. Any Contracting Party having made a reservation in accordance with paragraph 1 may at any time withdraw this reservation by notification addressed to the Secretary-General of the United Nations.
   3. No other reservation to this Protocol shall be permitted.

   Article 10

   1. After this Protocol has been in force for three years, any Contracting Party may, by notification addressed to the Secretary-General of the United Nations, request that a conference be convened for the purpose of revising this Protocol. The Secretary-General shall notify all Contracting Parties of the request and shall convene a revision conference if, within a period of four months from the date of the notification, 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 paragraph 1 of this Article, the Secretary-General shall notify all the Contracting Parties and invite them to submit within a period of three months such proposals as they wish to have considered by the conference. 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 due to open.
   3. The Secretary-General shall invite to any conference convened in accordance with this Article all countries referred to in Article 3, paragraphs 1 and 2, and all countries which have become Contracting Parties under Article 3, paragraph 3.

   Article 11

   In addition to the notifications provided for in Article 10, the Secretary-General of the United Nations shall notify the countries referred to in Article 3, paragraphs 1 and 2, and the countries which have become Contracting Parties under Article 3, paragraph 3:

   a) of ratifications and accessions under Article 3;

   b) of the dates of entry into force of this Protocol under Article 4;

   c) of notifications received under Article 2, paragraph 2;

   d) of denunciations under Article 5;

   e) of the termination of this Protocol under Article 6;

   f) of notifications received under Article 7;

   g) of declarations and notifications received under Article 9, paragraphs 1 and 2.

   Article 12

   After 31 August 1979, the original of this Protocol shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies thereof to each of the countries referred to in Article 3, paragraphs 1, 2 and 3.

   DONE at Geneva, this fifth day of July one thousand nine hundred and seventy-eight, in a single copy in the English and French languages, both texts being equally authentic.

   IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, have signed this Protocol on behalf of the following countries.

   that he has complied with any special instructions issued to him.