EDI-CMR Protokol 2008. : Korak u pravom smjeru
EDI-CMR PROTOCOL 2008 : A step in the right direction

Summary/Abstract: The EDI-CMR Protocol of 2008 entered into force in 2011. So far 9 states have become parties to it, Croatia not being among them. Compared to 55 states parties to the original document, the CMR Convention of 1956, this is certainly a modest number. The reason for such reluctance in accepting this new and modern international instrument is certainly not to be found in its content. The EDI-CMR Protocol of 2008 relies on two major principles: technological neutrality that ascertains that legal rules apply equally, not withstanding the technology used; and functional equality, whereby transport documents issued on paper and in the electronic mode have the same legal treatment. The EDI-CMR Protocol of 2008 does not impose any obligation with respect to the use of electronic consignment note. Quite to the contrary, it only gives the basic legal framework for the use of such a document, in case parties to the contract of carriage wish to use such technology, avoiding therefore the possibilities of divergent legal regimes and solutions in different countries. The basic practical prerequisite for the use of the electronic consignment note is the same technological platform used by the parties to the contract of carriage of goods, which is basically reserved for large companies with steady business relationship. Countries ratifying the EDI-CMR Protocol of 2008 will, therefore, not impose any new obligation on their road freight carriers; they will only give a new incentive and legal certainty to the best among them that are able to compete more safely on a new level of e-commerce and e-transport either within the single market, or internationally. It is hence largely advisable for Croatia to ratify this new and modern instrument in the field of international road transport law.

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