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9 th Symposium of Lawyers

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.

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9 th Symposium of Lawyers

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  1. 9th Symposium of Lawyers Geneva, 24 February 2012 (c) International Road Transport Union (IRU) 2012

  2. 9th Symposium of Lawyers 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 (c) International Road Transport Union (IRU) 2012

  3. Why new IRU General Conditions? CMR National Legislation Contractual Sphere General Environment Customs Transport Social New Technology (c) International Road Transport Union (IRU) 2012

  4. Contractual Sphere Bilateral commercial negotiations Oral agreement Standard Contract (in France ‘Contrat Type’) (c) International Road Transport Union (IRU) 2012

  5. Contractual Sphere (c) International Road Transport Union (IRU) 2012 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

  6. External Influence of the Contractual Sphere Economic legislation/regulation Transport and road safety legislation/regulation Social legislation/regulation Customs legislation/regulation (c) International Road Transport Union (IRU) 2012

  7. External Influence of the Contractual Sphere Development of new technology and IT communication tools e.CMR ENS-EXS Authorised Economic Operator (c) International Road Transport Union (IRU) 2012

  8. IRU reviewed its General Conditions Prepare for the future (RR) Better protect transport operators legitimate interests Simple approach (c) International Road Transport Union (IRU) 2012

  9. IRU General conditions for the International carriage of goods by road -Main innovations Closely follows chronology of the road transport contract from: Negotiations Agreement Execution Payment Resolution of disputes (c) International Road Transport Union (IRU) 2012

  10. IRU General conditions for the International carriage of goods by road - Main innovations Prepare for the future (RR) 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. Ensure commercial transparency 1.3 Services ancillary (…) shall be listed in an estimate stipulating the offer’s validity. (c) International Road Transport Union (IRU) 2012

  11. COMMISSION ON LEGAL AFFAIRS (c) International Road Transport Union (IRU) 2011

  12. COMMISSION ON LEGAL AFFAIRS (c) International Road Transport Union (IRU) 2011

  13. IRU General conditions for the International carriage of goods by road -Main innovations Protect Economic interests of the carrier 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. (c) International Road Transport Union (IRU) 2012

  14. IRU General conditions for the International carriage of goods by road -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. (c) International Road Transport Union (IRU) 2012

  15. IRU General conditions for the International carriage of goods by road - Main innovations Use of IT Technology 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

  16. 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… (…) (c) International Road Transport Union (IRU) 2012

  17. 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. (c) International Road Transport Union (IRU) 2012

  18. IRU General conditions for the International carriage of goods by road -Main innovations Protect carrier’s situation 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

  19. IRU General conditions for the International carriage of goods by road -Main innovations Protect carrier’s situation 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. (c) International Road Transport Union (IRU) 2012

  20. IRU General conditions for the International carriage of goods by road -Main innovations (c) International Road Transport Union (IRU) 2012 Differentiate between ancillary and logistic services

  21. www.iru.org (c) International Road Transport Union (IRU) 2012

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