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Who is entitled to seal covered wagons in cross-border rail freight?
Unless otherwise agreed, under Article 13 § 1 CIM the loading of full wagon loads is the responsibility of the consignor while unloading is the responsibility of the consignee. However, the principle of contractual freedom under the CIM Uniform Rules (CIM UR) allows the consignor to decide whether or not covered wagons should be sealed prior to handover to the carrier. Under the General Terms and Conditions of Carriage for International Freight Traffic by Rail (GTC-CIM) produced by CIT, which further clarify the CIM UR, the consignor is to apply seals to covered wagons to the extent this is provided for by national law or agreed between the carrier and the consignor (GTC-CIM section 6.4).
Consequently, responsibility for applying seals to covered wagons in cross-border rail freight can be seen as lying with the consignor as a matter of course, and is independent of the carrier’s liability for loss or damage to the goods between acceptance and delivery under Article 23 § 1 CIM. The condition of the goods and any seals applied to them are described in the CIT20 formal report, but this is not an indication of the carrier’s liability. Details of the procedure for the sealing of wagons by the carrier on the consignor’s behalf are set out in working sheets 02-01 and 02-02, and in Appendix 4 to the CIT Freight Manual (GTM-CIT).
In accordance with GTC-CIM, section 6.4 para 2 point 2, for specific types of traffic, the carrier and consignor may agree to dispense with seals. Conversely, the consignor’s decision not to have the carrier seal the wagons does not release the carrier from his liability for the goods, since the consignor’s liability for the seals is independent of the carrier’s liability for the goods and grounds for relief under Article 23 § 2 CIM.
