The Convention On The Contract For The International Carriage Of Goods By Road (Cmr) Of The Additional Protocol For Electronic Invoice

Original Language Title: Par Konvencijas par kravu starptautisko autopārvadājumu līgumu (CMR) Papildprotokolu par elektronisko pavadzīmi

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/202993

The Saeima has adopted and the President promulgated the following laws: The Convention on the contract for the international carriage of goods by road (CMR) of the additional protocol on electronic note article 1. 27 May 2008, signed in May 19, 1956, the Convention on the contract for the international carriage of goods by road (CMR) of the additional protocol for electronic invoice (hereinafter Additional Protocol) with this law is adopted and approved.
2. article. Additional Protocol to the fulfilment of the obligations provided for in the coordinated by the Ministry of transportation.
3. article. This additional Protocol shall enter into force within the time laid down in article 8 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
4. article. The law shall enter into force on the day following its promulgation. By law to be put to the additional protocol to the English language and its translation into Latvian language.
The Parliament adopted the law of 17 December.
President Valdis Zatlers in Riga V 2009 December 30. ADDITIONAL PROTOCOL TO the CONVENTION ON the contract FOR the INTERNATIONAL CARRIAGE OF GOODS BY ROAD (CMR) CONCERNING the ELECTRONIC CONSIGNMEN note the parties TO this PROTOCOL, BEING parties to the Convention on the contract for the International Carriage of goods by Road (CMR), done at Geneva on 19 May 1956, supplementing the Convention OF DESIRO in order to facilitat the optional making out of the note by consignmen means of procedures used for the electronic recording and handling of data, have AGREED as follows: article 1 Definition For the purpose of this Protocol, "Convention" means the Convention on the contract for the International Carriage of goods by Road (CMR);
"Electronic communication" means information generated, sent, received or stored by electronic, optical, digital or similar means with the result that the information communicated is accessible so as to be usable for subsequent reference;
"Electronic consignmen note" means a note issued by consignmen electronic communication by the carrier, the sender or any other party interested in the performance of a contract of carriage to which the Convention applies, including in particular logically associated with the electronic communication by attachments or otherwise linked to the electronic communication contemporaneously with or subsequent to its issue, so as to become part of the electronic consignmen note;
"Electronic signature" means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication.
Article 2 scope and effect of the electronic consignmen the note 1. Subject to the provision of this Protocol, the note referred to consignmen in the Convention, as well as any demand, declaration, instruction, request, reservation or other communication relating to the performance of a contract of carriage to which the Convention applies, may be made out by electronic communication.
2. An electronic note that consignmen compl with the provision to this Protocol shall be of considered it to be equivalent to the note referred to consignmen in the Convention and shall therefore have the the same evidentiary value and produce the same effects as that consignmen note.
Article 3 Authentication of the electronic consignmen note 1. The electronic note shall be authenticated "consignmen by the parties to the contract of carriage by means of a reliable electronic signature that ensur it link with the electronic consignmen note. The reliability of an electronic signature method is presumed, unless proved otherwise, of the electronic signature if: (a) is uniquely linked to the signatory;
(b) is capable of identifying the signatory;
(c) is created using means that the signatory can maintain under his sole control; and (d) is linked to the data to which it relate in such a manner that any subsequent change of the data is detectabl.
2. The electronic consignmen note may also be authenticated by any other electronic authentication method permitted by the law of the country in which the electronic consignmen note has been made out.
3. The particular an led in the electronic note shall be consignmen accessible to any party entitled theret.
Article 4 conditions for the establishment of the electronic consignmen note 1. The electronic consignmen note shall contain the same particular as the note referred to consignmen in the Convention.
2. The procedure used to issue the electronic consignmen note shall ensur the integrity of the particular is led from the time therein when it was first generated in its final form. There is integrity when the particular have remained complete and unaltered, apart from any addition or change which «arise in the normal course of communication, storage and display.
3. The particular an led in the electronics consignmen note may be supplemented or amended in the cases authorized by the Convention.
The procedure used for supplementing or amending the electronic consignmen note shall make it possible to detect as such any supplement or amendment to the electronic consignmen note and shall preserve the particular is originally led therein.
Article 5 Implementation of the electronic consignmen note 1. The parties interested in the performance of the contract of carriage shall agree on the procedures and their implementation in order to comply with the requirements of this Protocol and the Convention, in particular as regards: (a) the method for the issuance and the delivery of the electronic consignmen note to the entitled party;
(b) An assurance that the electronic consignmen note it will retain integrity;
(c) the manner in which the party entitled to the rights arising out of the electronic consignmen note is able to demonstrates that entitlement;
(d) the way in which confirmation is given that delivery to the consigne has been effected;
(e) the procedures for supplementing or amending the electronic consignmen note; and (f) the procedures for the possible replacement of the electronic note by a consignmen consignmen note issued by different means.
2. The procedures in paragraph 1 must be referred to in the electronic consignmen note and shall be readily ascertainabl.
Article 6 documents supplementing the electronic consignmen note 1. The carrier shall hand over to the sender, at the latter's request, a receipt for the goods and all information without identifying the cessary for shipment and for access to the electronic note it consignmen which this Protocol refer.
2. The documents referred to in article 6, paragraph 2 (g) and article 11 of the Convention may be furnished by the sender to the carrier in the form of an electronic communication if the documents exist in this form and if the parties have agreed to procedures enabling a link to be established between these documents and the electronic consignmen note to which this Protocol refer to in a manner that their integrity of assuras.
THE FINAL PROVISION OF THE

Article 7 signature, ratification, accession 1 this Protocol shall be open. for signature by States which are parties to the signator or the Convention and are either members of the Economic Commission for Europe or have been admitted to the Commission in a consultative capacity under paragraph 8 of the Commission's terms of reference.
2. This Protocol shall be open for signature at Geneva from 27 to 30 May 2008 inclusive and after this date, at United Nations Headquarters in New York until 30 June 2009 inclusive.
3. This Protocol shall be subject to ratification by signatory States and open for accession by non-signatory States, referred to in paragraph 1 of this article, which are the parties to the Convention.
4. Such States as may participat in certain activities of the Economic Commission for Europe in accordanc with paragraph 11 of the Commission's terms of reference and which have acceded to the Convention may become parties to this Protocol by acceding the theret after its entry into force.
5. Ratification or accession shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.
6. Any instrument of ratification or accession deposited after the entry, into force of an amendment to this Protocol adopted in accordanc with the provision of article 13 hereafter, shall be deemed to apply to the Protocol as modified by the amendment.
Article 8 Entry into force this Protocol shall enter 1 into force on the ninetieth day after five of the States referred to in article 7, paragraph 3, of this Protocol, have deposited their instruments of ratification or accession.
2. For any State ratifying or acceding to it after five States have deposited their instruments of ratification or accession, this Protocol shall enter into force on the ninetieth day after the said State has deposited its instrument of ratification or accession.
Article 9 Denunciation 1 Any Party may denounc this Protocol by so notifying the Secretary-General of the United Nations.
2. Denunciation shall take effect 12 months after the date of receipt by the Secretary-General of the notification of denunciation.
3. Any State which cease to be Party to the Convention shall on the same date cease to be a Party to this Protocol.
Article 10 Termination If, after the entry into force of this Protocol, the number of parties is reduced, as a result of denunciation, to less than five, this Protocol shall cease to be in force from the date on which the last of such a denunciation takes effect. It shall also cease to be in force from the date on which the Convention cease to be in force.
Article 11 dispute Any dispute between two or more parties relating to the interpretation or application of this Protocol which the parties are unable to settle by negotiation or other means may, at the request of any one of the parties concerned, be referred for settlement to the International Court of Justice.
Article 12 reservations 1 Any State may, at the time of signing, ratifying, or acceding to this Protocol, declare by a notification addressed to the Secretary-General of the United Nations that it does not consider itself bound by article 11 of this Protocol. Other parties shall not be bound by article 11 of this Protocol in respect of any Party which has entered such a reservation.
2. The declaration referred to in paragraph 1 of this article may be withdrawn at any time by a notification addressed to the Secretary-General of the United Nations.
3. other reservations to this Protocol shall be permitted.
Article 13 Amendments 1. Once this Protocol is in force, it may be amended according to the procedure defined in this article.
2. Any proposed amendment to this Protocol presented by a Party to this Protocol shall be submitted to the Working Party on Road transport of the Economic Commission for Europe United Nations (UNECE) for considerations and decision.
3. The parties to this Protocol shall make all possible efforts to achieve a consensus. If, despite these efforts, consensus is not reached on the proposed amendment, it shall require, as a last resort, for the adoption a two-thirds majority of Parties present and voting. (A) the proposed amendment adopted either by consensus or by a two-thirds majority of the Parties shall be submitted by the Secretariat of the United Nations Economic Commission for Europe to the Secretary-General to be circulated for acceptance to all parties to this Protocol, as well as the signatory States.
4. Within a period of nine months from the date on which the proposed amendment is communicated by the Secretary-General, any Party may notify the Secretary-General that it has an objection to the proposed amendment.
5. The proposed amendment shall be deemed to have been accepted if, by the end of the period of nine months foreseen in the preceding paragraph, of the objection has been notified by a Party to this Protocol. If an objection is stated, the proposed amendment shall be of of the effect.
6. In the case of a country which become a Contracting Party to this Protocol between the moment of notification of a proposal for amendment and the end of the nine-month period foreseen in paragraph 4 of this article, the Secretariat of the Working Party on Road transport of the Economic Commission for Europe shall notify the new State Party about the proposed amendment as soon as possible. The latter may inform the Secretary-General before the end of this period of nine months that it has an objection to the proposed amendment.
7. The Secretary-General shall notify, as soon as possible, all the parties of the objection raised in accordanc with paragraphs 4 and 6 of this article as well as of any amendment accepted according to paragraph 5 above.
8. Any amendment deemed to have been accepted shall enter into force six months after the date of notification of such acceptance by the Secretary-General to parties.
Article 14 Convening of a diplomatic Conference 1. Once this Protocol is in force, any Party may, by notification to the Secretary-General of the United Nations, request that a conference be convened for the purpose of reviewing this Protocol. The Secretary-General shall notify all parties of the request and a review Conference shall be convened by the Secretary-General if, within a period of four months following the date of notification by the Secretary-General, not less than one fourth of the parties to this Protocol notify him of their concurrence with the request.
2. If a Conference is convened in accordanc with the preceding paragraph, the Secretary-General shall notify all the parties and invite them to submit within a period of three months such proposals as they may wish the Conference to consider. The Secretary-General shall circulate it to all parties the provisional agenda for the Conference together with the texts of such proposals at least three months before the date on which the Conference is to meet.

3. The Secretary-General shall invite to any conference convened in accordanc with this article all States referred to in article 7, paragraphs 1, 3 and 4, of this Protocol.
Article 15 notifications to States In addition to the notifications provided for in articles 13 and 14, the Secretary-General of the United Nations shall notify the States referred to in article 7, paragraph 1, above, and the States which have become parties to this Protocol in accordanc with paragraphs 3 and 4 of article 7, of: (a) Ratification and accession under article 7;
(b) the dates of entry into force of this Protocol in accordanc with article 8;
(c) Denunciation under article 9;
(d) the termination of this Protocol in accordanc with article 10;
(e) declarations and notifications received in accordanc with article 12, paragraphs 1 and 2 article 16 Depositary the original of this Protocol shall be deposited with the Secretary-General of the United Nations, who shall send certified true cop to it thereof all the States referred to article 7, paragraphs 1, 3 and 4, of this Protocol.
Done at Geneva, this twentieth day of February two thousand and eight, in a single copy in the English and French languages, each text being equally authentic.
In WITNESS WHEREOF, the undersigned, being duly authorized the theret, have signed this Protocol: a translation Convention on the contract for the international carriage of goods by road (CMR) of the additional protocol for electronic invoice parties to the present Protocol, the parties to the Convention on the EU for the international carriage of goods by road (CMR), of the agreement signed in Geneva on 19 May 1956, desiring to supplement the Convention in order to facilitate the choice of the design of the packing slip, using electronic data recording and processing procedures, it is agreed as follows : article 1 definitions for the purposes of this Protocol, "Convention" means the Convention on the contract for the international carriage of goods by road (CMR);
"Electronic communication" means information, sending, receiving, or storage in electronic, optical, digital or other similar manner that results in the information disseminated is available in such a way as to be applicable to the following instructions;
"Electronic invoice" means the invoice drawn up by the transport, the consignor or any performance of a transport contract by the party to which the Convention, using the information contained in electronic communications, including messages that include electronic communications or other data added to electronic communications related data directly or alternatively refer to this movement, thus becoming part of the electronic invoice;
"Electronic signature" means data in electronic form which are attached to or associated with other electronic data and which serve as proof of authenticity.
2. Article electronic packing slips, scope and effect 1. subject to the provisions of this Protocol, the note referred to in the Convention, as well as any claim notice, instruction, request, reservation or other communication relating to the performance of the contract of carriage to which the Convention applies, may be made by electronic communications.
2. the electronic consignment note that complies with the provisions of this Protocol, are to be considered equivalent to the packing slip provided by the Convention, and therefore it has the same meaning and produces the same effect as the lading.
Article 3 proof of authenticity of the electronic waybill 1. authenticity of electronic invoices is determined by the parties in the transport contract with trusted digital signatures, which provide its link with the electronic invoice. Electronic signature method is presumed if the reliability of the electronic signature (as far as not otherwise provided): a) is the original linked to the signatory;
(b) identification of the signer);
(c)) is created using means that the signatory can only be controlled; and (d)) is connected to the data to which it relates in such a manner that changes to data are detectable.
2. the authenticity of the electronic invoice can also be determined by any other electronic authentication method permitted by the laws of the country in which the electronic consignment note has been drawn up.
3. the particulars contained in the electronic consignment note is available to any authorized party.
4. Article electronic packing slip creation rules 1. Electronic receipt shall include the same information, which includes the receipt referred to in the Convention.
2. electronic packing slips, picking procedure is used to promote the integrity of the message, starting from the time when it was first built to its final form. Integrity exists where the messages are stored in full and unchanged, not including additions or changes that occur in normal communication, storage and input/output on your computer.
3. The electronic consignment note contained in messages may be supplemented or amended by the Convention of the cases allowed.
Electronic waybill used to supplement or to amend a procedure making it possible to establish the following additions or amendments to the electronic consignment note and keep it originally contained.
Article 5 implementation of electronic waybill 1. Transport contract the parties must agree on the procedures and their implementation in order to comply with the Protocol and the requirements contained in the Convention, in particular concerning: (a) the issuing of electronic invoices) and the method of delivery authorized party;
(b)) guarantee that the electronic consignment note retains its integrity;
(c)) the way in which the electronic consignment note party rights is able to prove;
(d)) the way in which proof is provided that the cargo is handed over to the consignee;
e) electronic invoices or amendment procedures supplement; and (f)) the procedures that enable you to replace the electronic invoice by invoice, issued in a different way.
2. Electronic delivery note must include the procedure referred to in paragraph 1, and must be easy to understand.
Article 6 documents supplementing the electronic waybill 1. the carrier shall be agreed with the consignor, by the last requirements for cargo and receiving all necessary information to identify the transport and access to electronic delivery note to which this Protocol applies.
2. Article 6 of the Convention paragraph 2 (g) and article 11) the documents mentioned in the shipper can provide the carrier electronically, if the documents are in the following form and if the parties have agreed to procedures that enable you to create a connection between these documents and the electronic packing slips to which this Protocol refers in a manner that ensures their integrity.
Final provisions

Article 7 signature, ratification, accession 1 this Protocol shall be open for signature by countries which are signatories or parties to the Convention and are either Member States of the Economic Commission for Europe, countries admitted to the Commission in which the consultant status in accordance with the activities of the Commission in paragraph 8 of the Treaty.
2. this Protocol shall be open for signature in Geneva from 27 2008 to May 30, including, and after this time-the United Nations Headquarters in New York until 30 June 2009 inclusive.
3. This Protocol shall be subject to ratification by the signatory States, and it is open for signature in paragraph 1 of this article, those countries which have not signed and which are parties to the Convention.
4. countries can participate in the European economic activities established by the Commission in accordance with the rules of competence of the Commission, article 11 of which are parties to the Convention may become parties to this Protocol by acceding to it after its entry into force.
5. Ratification or accession is realized by hand delivery of the document to the Secretary-General of the United Nations.
6. any instrument of ratification or accession that are deposited by the Protocol, the entry into force of the amendments adopted in accordance with the provisions of article 13, is considered applicable with the amendments to the Protocol.
Article 8 entry into force 1 this Protocol shall enter into force on the ninetieth day after five of the Protocol, article 7, paragraph 3 of the above countries have deposited their instruments of ratification of or accession.
2. for each State that after five States have deposited their instruments of ratification of or accession to, this Protocol shall enter into force on the ninetieth day after the said country has deposited its instrument of ratification thereof or accession.
Article 9 denunciation 1. Either party may denounce this Protocol by notification to the Secretary-General of the United Nations.
2. Denunciation shall take effect twelve months after the date on which the Secretary General has received the notification of denunciation.
3. Any State Party to the Convention shall cease to be a, at the same date, shall cease to be a party to this Protocol.
Article 10 termination of contractual obligations if, after the entry into force of the present Protocol, the number of Parties as a result of the denunciation has become less than five, the Protocol ceases to be in force from the date when the last of the denunciation. The Protocol ceases to be in force on the date on which the Convention ceases to be in force.
Article 11 disputes any dispute between two or more parties about the interpretation or application of this Protocol, if the parties cannot settle the conversation or in any other way, you can on the initiative of either party be referred to the International Court of Justice.
Article 12 reservations 1 any State ratifying this Protocol or when signing or acceding to it, may notify the Secretary-General of the United Nations that it does not consider it binding article 11 of this Protocol. Other parties not related to the article 11 of this Protocol in respect of any party which made such a reservation.
2. The notification referred to in paragraph 1 may be withdrawn at any time, submit to the Secretary-General of the United Nations statement.
3. no other reservation to this Protocol.
Article 13 Amendment 1. as soon as this Protocol enters into force, it may be amended in accordance with the procedure laid down in this article.
2. any proposed amendment to this Protocol by a party to this Protocol, shall be deposited with the United Nations Economic Commission for Europe (UN ECE) land transport working group, for discussion and decision making.
3. The parties to this Protocol must make all possible efforts to achieve consensus. If, despite these efforts, the consensus regarding the proposed amendment is not agreed, then-as a last resort-it asks to accept the present and voting for the two-thirds majority of the parties. The proposed amendment adopted either in accordance with consensus or by a two-thirds majority of the parties, shall be submitted to the United Nations Economic Commission for Europe, who shall circulate it to the Secretary General for adoption to all parties to this Protocol, as well as the signatory countries.
4. Within nine months from the date on which the Secretary-General has announced the proposed amendment, any party may notify the Secretary-general that it has no objection to the proposed amendment.
5. the proposed amendment shall be considered adopted if, on the expiry of a period of nine months, as laid down in the previous paragraph, none of the parties to this Protocol has provided the opposition. If objections are notified, the amendment proposed.
6. If a State becomes a Contracting Party to this Protocol, the time between the notice of the proposed amendment and the nine-month period, as provided for in paragraph 4 of this article, the Economic Commission for Europe inland transport working group, the Secretariat shall notify the new State-party of the proposed amendment as quickly as possible. Last may inform the Secretary-general before this nine month period that it has no objections to the proposed amendment.
7. the Secretary-General shall, as soon as practicable, notify all parties of the objections expressed in accordance with 4 and 6 of this article, as well as of any amendment adopted in accordance with paragraph 5 above.
8. any amendment which is considered to have been accepted shall come into force six months after the date on which the Secretary-General has reported on the adoption of such parties.
Article 14 convening the diplomatic Conference 1. as soon as this Protocol enters into force, any party, "the Secretary-General of the United Nations, request that a conference be convened in order to review this new Protocol. The Secretary-General shall notify all parties of the request and the Secretary General shall convene a review conference if, within four months from the date of notification by the Secretary-General, not less than a quarter of the parties to this Protocol, declare that agrees with the request.
2. If a Conference is convened in accordance with the preceding paragraph, the Secretary-General shall notify all the parties and invite them to submit within a period of three months such proposals, over which they would like to discuss the Conference. The Secretary-General shall circulate to all parties the provisional agenda of the Conference, as well as the texts of these proposals, at least three months prior to the Conference start date.
3. in accordance with this article, the Secretary-General invited all article 7 this Protocol 1, 3, and 4. the States referred to in paragraph 1 to any conference convened.

Article 15 notifications to States in addition to article 13 and 14 of the notice specified in the Secretary-General of the United Nations shall notify the article 7, paragraph 1 of the mentioned countries and the States which become parties to this Protocol in accordance with article 7 paragraphs 3 and 4, on: (a) ratification and accession) in accordance with article 7;
(b)) this date of entry into force of the Protocol, in accordance with article 8;
c) denunciation under article 9;
d) winding up of this Protocol in accordance with article 10;
e) declarations and notifications received in accordance with article 12, paragraph 1 and 2.
Article 16 depositary the original of this Protocol shall be deposited with the Secretary-General of the United Nations, who shall send certified copies to each of the Protocol article 12 1 and 2 of the mentioned countries.
Concluded in Geneva two thousand eighth of 20 February, in a single copy in the English and French languages, both texts being equally authentic.
Assuring the undersigned representatives, duly authorized, have signed this Protocol is.