Advice to Transport Operators when Faced with the Application of the Rotterdam Rules

1. Advice to Transport Operators whenFaced with the Application of the Rotterdam Rules Mrs. Birthe Boisen ITD, International Transport Danmark

2. ITD’sinvolvement in the Rotterdam Rules • 2003 - A group of associations has worked 2008 with the Danish Maritime Authority . The group was focused on the risk for other operators apart from Sea Operators

3. Challenges for hauliers in relation to RR • ITD og DTL have made at survey regarding the risks for hauliers if national regulations or the CMR Convention conflicts with the Rotterdam Rules. • The Danish Maritime Authority has been contacted regarding the questions.

4. Where did the damage occured? • Without precisely knowing on which leg of the carriage the damaged occurred, it’s likely that the road carrier will be blamed. • The driver usually doesn’t enter reservations when the ship owner hands him the goods at the port.

5. The Rotterdam Rules Art. 82 b) • Matters not governed by this convention • Article 82 International conventions governing the carriage of goods by other modes of transport • Nothing in this Convention affects the application of any of the following international conventions in force at the time this Convention enters into force, including any future amendment to such conventions, that regulate the liability of the carrier for loss of or damage to the goods: • (b) Any convention governing the carriage of goods by road to the extent that such convention according to its provisions applies to the carriage of goods that remain loaded on a road cargo vehicle carried on board a ship;

6. The Rotterdam Rules Art. 26 • Article 26 Carriage preceding or subsequent to sea carriage • When loss of or damage to goods, or an event or circumstance causing a delay in their delivery, occurs during the carrier’s period of responsibility but solely before their loading onto the ship or solely after their discharge from the ship, the provisions of this Convention do not prevail over those provisions of another international instrument that, at the time of such loss, damage or event or circumstance causing delay: • (a) Pursuant to the provisions of such international instrument would have applied to all or any of the carrier’s activities if the shipper had made a separate and direct contract with the carrier in respect of the particular stage of carriage where the loss of, or damage to goods, or an event or circumstance causing delay in their delivery occurred; • (b) Specifically provide for the carrier’s liability, limitation of liability, or time for suit; and • (c) Cannot be departed from by contract either at all or to the detriment of the shipper under that instrument.

7. Question no 1 Do the Rotterdam Rules overrule the CMR convention in an international transport?

8. Question no 2 Do the national provisions on transportation contracts give way for the Rotterdam rules? Sweden has adopted that CMR Convention into national law.

9. Question no 3 Parties may agree by contract that the Rotterdam Rules give way to the Rotterdam rules?

10. Question no 4 Is it possible for one party in their business terms to decide the CMR Convention may overrule the Rotterdam Rules?

11. Question no 5 Which law / convention places the responsibility for the damage, if the place and the time for the damage can not be identified –for example a sealed container from Hong Kong to Aarhus by ship and from Aarhus to Copenhagen by road?

12. Question no 6 Which law /convention places the responsibility for the damage, if the place and the time for the damage can not be identified –for example a sealed container from Hong Kong to Hamburg by ship and from Hamburg to Kolding road?

13. Question no 7 The limitation of liability according to the CMR Convention and the liability according to the Rotterdam Rules can be very different - a rough calculation of an example shows a possible difference of 7 times. Does the haulier need to be aware of this regarding insurance of the goods?

14. Question no 8 Does a European haulierrisk legal action by example a U.S. court, if he is transporting a container coming from the United States, and he transport the container from the port of Aarhus to Copenhagen?

15. The Rotterdam Ruleswillrarelyapply • The Rotterdam Rules will rarely apply to hauliers, because they can only be 'maritime performing parties' where they perform their services 'exclusively' within the terminal area. • Most hauliers provide services both inside (collection) and outside the terminal (carriage to the consignee).

16. Advice to Transport Operators

17. Be aware of Agreement on the kind of transport is essential! • Issued document • Booking confirmation • By what kind of transport the transport has been performed

18. The contract The contract for the carriage is very importen CMR Convention art. 1 "This Convention shall apply to every contract for the carriage of goods by road in vehicles for reward, when the place……………”

19. The document • What kind of transport document has beenissued? - If a CMR Consignment note has not beenissued, it might not be a CMR transport.

20. Booking and Transport Booking confirmation Kind of transport

21. Thankyoufor your attention