CMR: what the consignment note is, how to fill it out and what compensation it covers

The CMR is the consignment note used in road freight transport: the document that proves the transport contract, the carrier’s receipt of the goods and the condition in which the goods were taken over. The name comes from the CMR Convention, signed in Geneva on May 19, 1956, which Romania acceded to through Decree No. 451/1972.

For a haulier, the CMR is not an administrative formality: it is the main evidence in any dispute over missing, damaged or late goods. A blank field or a reservation not made in time shifts the burden of proof onto you. The guide below explains what the document contains, who signs it, what compensation can be claimed and within what deadlines — with references to the articles of the convention.

What CMR means and when it applies

CMR is the acronym of the convention’s French name — Convention relative au contrat de transport international de marchandises par route. In everyday language, “a CMR” means the copy of the consignment note that travels with the goods.

Under Art. 1 of the convention, the CMR regime applies to any 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 located in two different countries, at least one of which is a party to the convention — regardless of the place of residence and nationality of the parties.

It also applies to domestic transport in Romania

Here is the detail many sources leave out. Through Art. 77 of Government Ordinance No. 27/2011, most of the CMR Convention also applies to domestic road carriage of goods for reward — specifically, Art. 1(2) and (3), Art. 2–30 and Art. 32–41.

There is, however, an important exception: Art. 23(3), i.e., the compensation cap, is replaced. In domestic transport, the text becomes “compensation may not exceed the equivalent in lei of USD 2.5 per kilogram of gross weight short”. In practice, the same lost goods have a different compensation cap depending on whether the trip was domestic or international.

How many copies a CMR has and who signs it

Under Art. 5, the consignment note is made out in three original copies, signed by the sender and the carrier. The signatures may be printed or replaced by the stamps of the two parties, if the law of the country where the document is made out allows it.

When the goods are loaded into different vehicles, or are of different kinds or in separate lots, the sender or the carrier may require a separate consignment note to be made out for each vehicle, kind of goods or lot.

What a correctly completed CMR must contain

Art. 6(1) lists the mandatory particulars of any consignment note:

• The place and date of issue;
• The name and address of the sender;
• The name and address of the carrier;
• The place and date of taking over of the goods and the place designated for delivery;
• The name and address of the consignee;
• The description in common use of the nature of the goods and the method of packing, and for dangerous goods, their generally recognized description;
• The number of packages, their special marks and numbers;
• The gross weight of the goods or their quantity otherwise expressed;
• Charges relating to the carriage — carriage charges, supplementary charges, customs duties and other charges incurred from the conclusion of the contract up to delivery;
• The instructions required for customs and other formalities;
• A statement that the carriage is subject to the provisions of the CMR Convention notwithstanding any clause to the contrary.

Art. 6(2) adds particulars to be entered where applicable: a prohibition on transshipment; the charges the sender undertakes to pay; the amount of “cash on delivery” charges to be collected on delivery; the declared value of the goods and the amount representing special interest in delivery; the sender’s instructions regarding insurance of the goods; the agreed time limit within which the carriage is to be performed; the list of documents handed to the carrier.

Paragraph 3 leaves the parties free to enter any other particulars they consider useful — which is where the additional fields on commercial forms come from. For a field-by-field explanation of the standard form, see the guide on the CMR template and how to fill it in.

What the CMR actually proves

Two articles matter here, and their practical consequences are opposite.

Art. 4: the contract of carriage is proven by the consignment note, but the absence, irregularity or loss of the note does not affect the existence or validity of the contract. In other words, a missing CMR doesn’t release you from your obligations — it only takes away your evidence.

Art. 9: the consignment note is prima facie evidence of the terms of the contract and of the receipt of the goods. And here is the trap that costs money: in the absence of reasoned reservations entered by the carrier, the goods and their packaging are presumed to have been in apparent good condition when taken over and the number of packages, their marks and numbers are presumed to match the particulars in the document.

A driver who signs the CMR without reservations on a pallet with torn wrap or with a package missing has just created evidence against his own company. A reservation must be reasoned — “pallet 3 with wrap undone, package dented at the corner” works; “subject to reservation” says nothing.

Carrier liability and when the carrier is exempt

Art. 17(1) sets the rule: the carrier is liable for total or partial loss and for damage — occurring between the time of taking over and the time of delivery of the goods — and for delay in delivery.

The carrier is exempt if the loss was caused by the fault of the person entitled to dispose of the goods, by an instruction from that person not resulting from the carrier’s fault, by inherent vice of the goods, or by circumstances the carrier could not avoid and whose consequences the carrier could not prevent.

Paragraph 4 adds the special risks that grant exemption:

• Use of open unsheeted vehicles — only if this was expressly agreed and stated in the consignment note;
• Lack of or defective packaging, for goods liable by their nature to damage;
• Handling, loading, stowage or unloading carried out by the sender, the consignee or persons acting on their behalf;
• The nature of certain goods that are exposed to breakage, rust, internal and spontaneous decay, desiccation, leakage, normal wastage or the action of insects and rodents;
• Insufficient or inadequate marks or numbers on packages;
• Carriage of live animals.

What does NOT grant exemption: Art. 17(3) states explicitly that the carrier cannot invoke either defects in the vehicle it uses or the fault of the person from whom it rented the vehicle or of that person’s agents. A refrigeration unit breakdown is not an act of God.

How much compensation: the 8.33 SDR/kg cap

Compensation is calculated based on the value of the goods at the place and time they were accepted for carriage — not their sale value at destination (Art. 23(1)). The value is set by the commodity exchange price, or failing that by the current market price, or failing both by the usual value of goods of the same kind and quality.

A cap applies on top of this value. The original 1956 text said “25 gold francs per kilogram,” and this is also the text published in the 1972 Romanian translation. The 1978 Protocol replaced the gold franc with Special Drawing Rights (SDR), setting the cap at 8.33 SDR per kilogram of gross weight short. Romania acceded to this protocol, effective March 14, 2019, so the value applicable to international transport is the one in SDR.

In addition to the value of the goods, the following are refunded: carriage charges, customs duties and other charges incurred in respect of the carriage — in full for total loss, proportionally for partial loss. No further damages are payable (Art. 23(4)).

In case of delay, if the claimant proves that damage has been suffered, the carrier pays compensation that may not exceed the carriage charges (Art. 23(5)). Higher compensation can only be obtained if the value of the goods or a special interest in delivery has been declared, under Art. 24 and 26 — particulars entered in the CMR itself.

Deadlines: reservations, claims and limitation

These deadlines are short and easy to miss. Art. 30 sets out when reservations must be made:

If the consignee takes delivery of the goods without jointly checking their condition and without making reservations within the deadlines above, it is presumed, unless proven otherwise, that the goods were received in the condition described in the consignment note. For delay, failing to make a written reservation within 21 days means no compensation can be claimed at all.

Limitation period: one year, three years in case of willful misconduct

Art. 32: actions arising out of carriage under the convention are subject to a one-year limitation period. In case of willful misconduct, or default considered equivalent to willful misconduct under the law of the court seized, the period is 3 years. The period runs:

• Partial loss, damage or delay — from the date of delivery of the goods;
• Total loss — from the 30th day after expiry of the agreed time limit or, if no time limit was agreed, from the 60th day after the carrier took over the goods;
• All other cases — on expiry of a period of 3 months after the conclusion of the contract of carriage.

A written claim suspends the limitation period until the date on which the carrier rejects it in writing and returns the attached documents. Further claims with the same subject do not suspend the period again, so there’s no point in sending the same claim several times.

e-CMR: the electronic consignment note

The Additional Protocol to the CMR Convention, adopted in Geneva on February 20, 2008, allows the consignment note to be issued by electronic communication. Romania acceded through Law No. 29/2019, and the protocol entered into force for Romania on June 12, 2019.

The e-CMR has the same legal value as the paper version, but it can only be used between countries that have acceded to the protocol — so for each route you need to check whether both countries accept it. Full details, including electronic signature requirements and the link to the eFTI regulation, are in the guide on the e-CMR electronic consignment note. The practical advantages are no more lost copies, signing at the loading dock on a tablet and immediate availability of the document for invoicing.

The CMR is not to be confused with other documents

• CMR vs. invoice and delivery note: the invoice is a tax document; the CMR is evidence of the contract of carriage and of the condition of the goods. One does not replace the other.
• CMR vs. UIT code (RO e-Transport): the UIT code is a national tax reporting obligation to ANAF, with its own rules and penalties — see the guide on generating the UIT code in e-Transport. The CMR is still required regardless of the UIT.
• CMR vs. transport license: the license concerns the company’s right to carry out transport — see freight transport license. The CMR concerns each individual trip.

Common mistakes that cost money

• Signing without reasoned reservations on taking over the goods — you create the presumption that the goods were in good condition (Art. 9(2)).
• Vague reservations, such as “subject to reservation,” without a concrete description of the problem.
• Missing the 7-day deadline for non-apparent damage, or the 21-day deadline for delay.
• Open vehicle not stated in the CMR — the exemption under Art. 17(4)(a) only applies if its use was expressly agreed and entered in the document.
• Confusing the domestic cap with the international one — USD 2.5/kg vs. 8.33 SDR/kg completely changes the calculation of a claim.
• Not entering the agreed delivery deadline in the dedicated field, even though delay is later invoked.

Many of these problems can be solved with objective evidence about the trip: the exact time of loading and unloading, the route taken, stops, the temperature in the cargo compartment. The CargoTrack GPS monitoring system records this data automatically, and Cargo compartment temperature monitoring produces exactly the history required in a claim involving perishable goods. Contact the CargoTrack team if you want to see what these reports look like for your fleet.

CMR FAQ

What is a CMR in transport?

The CMR is the consignment note used in road freight transport, a document that proves the transport contract, the carrier’s receipt of the goods and the condition of the goods when taken over. The name comes from the CMR Convention, signed in Geneva on May 19, 1956, which Romania acceded to through Decree No. 451/1972.

How many copies of a CMR are made out?

Three original copies, signed by the sender and the carrier. The first copy stays with the sender, the second travels with the goods and goes to the consignee, and the third is kept by the carrier, under Art. 5 of the CMR Convention.

Is the CMR also mandatory for domestic transport in Romania?

Yes, the CMR regime also applies to domestic road carriage of goods for reward, through Art. 77 of Government Ordinance No. 27/2011, with a single exception: the compensation cap, which in domestic transport is the equivalent in lei of USD 2.5 per kilogram of gross weight short, instead of 8.33 SDR.

How much compensation does the carrier pay for lost goods?

Compensation is calculated based on the value of the goods at the place and time they were accepted for carriage, capped at 8.33 SDR per kilogram of gross weight short in international transport, or the equivalent of USD 2.5 per kilogram in domestic transport. Carriage charges, customs duties and other related charges are also refunded.

How soon must a claim for damaged goods be made?

For apparent damage, reservations must be made at the latest at the time of delivery of the goods. For non-apparent damage, in writing, within 7 days of delivery, excluding Sundays and public holidays. For delay, the written reservation must be made within 21 days from the time the goods were placed at the consignee’s disposal.

What is the limitation period in a CMR dispute?

One year, under Art. 32 of the CMR Convention, and 3 years in case of willful misconduct or default considered equivalent to willful misconduct. The period runs from delivery of the goods in case of partial loss, damage or delay, or from the 30th day after the agreed time limit or the 60th day after the goods were taken over, in case of total loss.

What happens if the CMR is missing?

The contract of carriage remains valid. Art. 4 of the convention provides that the absence, irregularity or loss of the consignment note does not affect the existence or validity of the contract, which remains subject to the CMR regime. However, you lose the main means of proving the terms of carriage and the condition of the goods.

Is the electronic CMR valid in Romania?

Yes. Romania acceded to the Additional Protocol concerning the electronic consignment note through Law No. 29/2019, and the protocol entered into force for Romania on June 12, 2019. However, the e-CMR can only be used on routes where the other country involved has also acceded to the protocol.

Vlad