Single consignment note CIM / SMGS in international rail freight transport.
A prerequisite for international rail transport of goods to be regulated by the CIM Uniform Rules or SMGS is linked to the use of international transport document. This document is called 'international consignment note "when applying CIM and SMGS and is valid starting from the station until the arrival station in another state.
Through the contract of carriage, the carrier undertakes to transport goods, whether at the place of destination and deliver to the recipient.
Contract for international carriage of goods by rail must be confirmed by a comsignment note under a uniform pattern. The consignment note is signed by the sender and the carrier.
CIM International Railway Transport Committee at its meeting of 8 March 2007 and 6 March 2008 adopted amendments that have led to the development of a guide CIM/ SMGS, which contains provisions relating to the use of the new consignment note CIM/ SMGS.
The Guide apply if the parties to the contract of carriage (shippers and carriers) have agreed to use the uniform consignment note CIM / SMGS model and contains the consignment note CIM / SMGS and explanations on its application, being an alternative to the classic transport with retranscription of SMGS consignment note on CIM consignment note or CIM consignment note on SMGS consignment note at the redispatch place (1).
2. The Guide's object
This guide contains the model CIM / SMGS and explanations relating to its application. This is an alternative, to the classic transport with retranscription of SMGS consignment note on CIM consignment note or CIM consignment note on SMGS consignment note at the redirection place.
The consignment note, including his counterpart, can be written in the form of electronic recording of data which can be transformed into legible written symbols. Procedures for recording and processing data to be functionally equivalent, especially in terms of evidential value of the consignment note represented by these data.
3. The Guide's scope
This guide is intended for CIT members and their guests and participants SMGS and their senders and recipients, and applies to shipments:
--subject to the CIM Uniform Rules, on the one hand and on the other hand SMGS and,
--consigned to a consignment note CIM / SMGS and,
--transported by rail carriers and SMGS / CIM listed in Annex 1 to this guide and redirect remaining at the care of a carrier or a railway CIM / SMGS.
In the field of CIM, this guide applies only in situations where they are included in the terms and conditions required for customer contracts and cooperation agreements between carriers. In the field of SMGS, the provisions of this guide apply only to trades submitted by participants in SMGS applying this guide.
Article 6, paragraph 8 of CIM and Article 6, paragraph 11 and paragraph 15 of SMGS July, are underlying CIM / SMGS consignment note. The consignment note CIM / SMGS is used within the scope of the CIM as CIM consignment note and within the scope of SMGS as SMGS consignment note.This principle applies also to use CIM / SMGS as a customs document.
4. Contract parties
For shipments originating in states that apply the CIM Uniform Rules, the sender is the sender of the consignment note CIM transport contract and, simultaneously, the recipient and sender transport contract CIM SMGS transport contract.
Last carrier under the contract of carriage CIM has the right and obligation to act to redirect the sender to place, according to instructions of the sender.
For shipments originating in states that apply SMGS, the sender indicated on the consignment note is SMGS shipper under the contract of carriage and, simultaneously, the recipient and sender transport contract SMGS CIM transport contract.
Last rail track under the contract of carriage SMGS has the right and obligation to act to redirect the sender to place, according to instructions of the sender.
5. Payment of fees
Unless special arrangements between the shipper and the carrier / rail, the following provisions applies:
a) For shipments from countries that apply the CIM Uniform Rules, charges resulting from the CIM contract of carriage is paid by the sender;
SMGS destination rail charges are paid by the recipient or appropriate prescriptions in force on the national railway. Prices on other railways are paid by the SMGS recipient through rates payers who have concluded contracts with the railroads for outstanding charges and who were included in the consignment note by the sender.
b) For shipments from countries that apply SMGS rail fares are paid by the sender sending SMGS or appropriate prescriptions in force on the national railway. Prices on other railways are paid by the sender SMGS through rates payers who have concluded contracts with the railroads for outstanding charges and who were included in the consignment note by the sender.
Charges resulting from the contract of carriage CIM are paid by the recipient.
6. Liability of parties
CIM Uniform Rules and SMGS Provision of responsibility and are not affected by the use of CIM / SMGS. Process--Report of Findings CIM / SMGS be made under Article 42 CIM or Article 18 SMGS.
Claims for damages due to partial or total loss or damage to goods when shipments are accompanied by a consignment note CIM / SMGS are presented and treated in accordance with Article 43 and 45 CIM and 29 SMGS and the following provisions:
1) Handling complaints CIM / SMGS for claims submitted within the scope of the CIM Uniform Rules;
If the carrier finds relevant because of the damage that does not reside or not reside solely in the scope of CIM transport contract, it states in the claim that the liability is reported in the scope of the CIM Uniform Rules and communicate this decision to the rightful one.
For further treatment within the scope of application shall be forwarded SMGS compensation carrier and the resulting documents to the responsible network sending / receiving (2)) and inform the rightful one.
Responsible department shall treat the claim and claim handling results relevant to the carrier.
The responsible carrier notyfies the entitled person about the final outcome of treatment in law of his/ her application for compensation.
Suspension of limitation in the scope of the CIM Uniform Rules shall expire on the transmission of documents results in law or claim submission and the resulting documents to the relevant department.
2) Handling complaints CIM / SMGS for claims submitted within the scope SMGS.
When the competent department of the network sending / receiving notes cause damage not only lies or not lies within the scope SMGS, he states in the claim that the liability is reported within the scope SMGS and communicate this decision to him (3).
For further treatment within the scope of the CIM Uniform Rules shall be forwarded by the claim service and output perecum last operator / carrier contract) and inform the complainant.
Last operator/ carrier contract treats the claim and the results of the responsible treatment of the claim.
The relevant service applicant communicates the final outcome of treatment claim.
The CIM/SMGS consignment note has been elaborated as part of a joint project of the International Rail Transport Committee (CIT) and the Organisation for the Collaboration between Railways (OSJD) to render interoperable the CIM/SMGS transport norms. The CIM consignment note defines standardised contractual specifications for international rail freight transport, while the SMGS consignment note includes the Contract of International Transport of Goods by Rail. Both transport contracts can be attached to a single A4 sheet, thus eliminating additional costs for activities which don't provide added value, as well as errors by eliminating the transcription of consignment notes when traffic is re-dispatched. Consignment notes also elevate the level of legal security for all traffic participants.The advantages also include a shorter transit period by reducing the time spent with filling in the CIM/SMGS interfaces. Also, the authorities acknowledge the bill for carried goods attached to the consignment note as customs paper, if a credit letter is also attached.
Convention regarding international rail freight (COTIF), appendix B (CIM uniform rules), published in Official Journal of Romania, 1st part, nr.538bis, from 1.09.2001.
Convention on international freight traffic by rail (SMGS). CIM/SMGS consignment note guide elaborated by International Rail Transport Committee (CIT), stage 1.07.2010.
(1.) The redispatch place is the legal regime changing place regarding CIM and SMGS transport rules. This redispatch place is also:
a) in CIM-SMGS traffic the place of delivery according to CIM and dispatch station according to SMGS;
b) in SMGS-CIM traffic destination station according to SMGS and the takingplace delivery according to CIM.
(2.) The network sending the expedition site located beyond the scope SMGS to a place within the scope of the CIM Uniform Rules; the network receiving the shipment exceeds a place in the scope of the CIM Uniform Rules to a place within the scope SMGS.
(3.) Contract carrier when the shipment exceeds a place in the scope of CIM to a place within the scope of SMGS; the last carrier when the shipment exceeds last place located in SMGS scope to a place located within the CIM Uniform Rules.
Constantin Brancoveanu University, Ramnicu-Valcea
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|Publication:||Contemporary Readings in Law and Social Justice|
|Date:||Jul 1, 2012|
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