Among the numerous conventions regulating relations in the field of transport, the Convention on the International Carriage of Goods by Road (CMR Convention) of 19 May 1956, concluded under the auspices of the United Nations Economic Commission for Europe, occupies a privileged place. The Republic of Bulgaria acceded to it on 29 July 1977 by virtue of Decree No. 1143 issued at that time. In its essence, it is not a customs convention, but it has great practical importance for the customs control system and is a necessary component in the implementation of the customs clearance of goods.
According to Article 1 of the Convention, it applies to every contract for the carriage of goods by road by means of vehicles for remuneration, when the place of acceptance of the goods for carriage and the intended place of delivery, as specified in the contract, are located in two different countries, of which at least one is a contracting party. This in turn means that the scope of the Convention excludes carriage between two points within a given country (domestic carriage), even if that country has acceded to the Convention. An important feature of the scope of the CMR Convention is that it does not apply to carriage carried out within the scope of international postal conventions, to the carriage of mortal remains and to the carriage of belongings upon change of residence. In essence, the contract for the international carriage of goods is established by a bill of lading, and in this case by an International CMR consignment note.
The bill of lading is not, by its nature, a goods-disposal document, but serves as evidence of a shipment delivered accurately and promptly to the final receiving point. It can also be defined as a tripartite contract, the parties to which are the sender, the carrier and the recipient of the goods. The carrier has the greatest responsibility under the bill of lading, who is responsible for the total or partial lack of or damage to the cargo from the moment of its acceptance for carriage until the moment of its delivery, as well as for the delay in its delivery.
According to the provisions of the CMR Convention, the consignor loads and secures the goods on the vehicle at the instructions of the carrier (driver), with a view to the correct distribution of the cargo on the floor of the vehicle. The carrier must pay particular attention to the condition of the cargo and its packaging, and in case of a defect, require the entry of a corresponding note in column 18 of the bill of lading. The entry must of course be agreed with the consignor and provided that he has not objected. After checking the data entered in the bill of lading and the actual condition of the goods handed over for carriage and provided that there are no notes, it is considered that the goods have been accepted in good condition. From this moment until the completion of the transport operation, the carrier is responsible for the condition of the goods. During the unloading and handover of the goods to the consignee, the carrier (driver) must be present at all times. If there are no reservations on the part of the consignee regarding shortages or damage to the cargo, the carrier requests written confirmation indicating that the goods have been received in good condition.
The model of the international consignment note is a set of seven parts with the same serial numbering. The purpose of the individual copies is:
- Part 1: Original, printed in red, which is handed over to the sender after the conclusion of the transport contract.
- Part 2: Printed in blue, which is handed over to the recipient after the relevant certification by him.
- Part 3: Printed in green, which remains with the carrier after the conclusion of the transport contract.
- Parts 4-7: Printed in black, used for public legal, statistical, etc. similar purposes, are handed over to the customs authorities when crossing the border, if requested.
In principle, the bill of lading is drawn up by the consignor or his representative (customs agent, freight forwarder, etc.), but it is also allowed, by agreement, for this to be done by the carrier. It is filled out on a typewriter or other printing device, and crossing out or correcting the data in it is not allowed.
In columns from 1 to 15, 19, 21 and 22, information is filled in by the consignor of the cargo:
Column 1 – the exact name of the consignor, his address and the country of dispatch is indicated.
Column 2 – the name (company) of the consignee, his address and country, as well as the telephone and fax numbers or other means of communication are indicated.
Column 3 – Unloading point, enter the country, city and street.
Column 4 – Loading point, enter the place and date of loading, in view of the possible failure to comply with the delivery deadline.
Column 5 – Attached documents, describe the documents for carrying out border and other formalities (TIR Carnet, export/import permit, certificates, specifications, etc.).
Columns 6-12 – describe in detail the data on the cargo, such as signs and numbers, number of parcels, type of packaging, type of goods, statistical data
