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How long after accepting goods can a formal report (CIT20) be filled out?
How long after accepting goods can a formal report (CIT20) be filled out?
A formal report (CIT20) had been filled out several weeks or months after the arrival and acceptance of the consignment by the person entitled. Do the CIM Uniform Rules stipulate that the formal report must imperatively be filled out within seven days after the acceptance of the goods?
According to Article 23 § 1 CIM, the contract of carriage applies from the time of taking over of the goods until the time of delivery. If within seven days after the acceptance of the goods at the latest, the person entitled to accept the goods requests for partial loss or damage to be ascertained, this request must be complied with. The following details must be included in the formal report:
- when the request to ascertain the damage was made;
- when the consignee accepted the goods and when the damage was discovered;
- (…)
All of the work processes dealing with the cross-border carriage of goods are described in the CIT Freight Traffic Manual’s (GTM-CIT) working sheets. For each process, there is a GTM-CIT working sheet with information on the content of the process, the relevant activities, time limits for completion, and parties involved. With regard to time limits, Article 42 § 1 CIM (and consequently working sheet 06-01 GTM-CIT) states that the formal report (CIT20) must be filled out without delay, in the presence of the person entitled to take delivery of the goods where possible, and in accordance with the specimen in Appendix 20 (CIT20), or, alternatively, in an electronic formal report compliant with Appendix 20a (CIT20a). Once the goods have been accepted, the formal report must therefore be filled out as soon as damage is discovered or presumed by the carrier or alleged by the person entitled (see Article 42 § 1 CIM). In the case of total loss, however, no earlier than 30 days after expiry of the transit period (Article 29 § 1 CIM).
Additionally, the provisions of Article 17 § 4 CIM for delivery of the goods must be observed. It stipulates that the person entitled to accept the goods may refuse to do so, even after the CIM consignment note (Appendix 4 GLV-CIM) has been received and the charges resulting from the contract of carriage have been paid until the person entitled request to ascertain the alleged damage in accordance with Article 42 CIM has been met. Thus, the consignee retains his rights in accordance with Article 47 § 1 CIM. No deadlines are set here. The carrier is responsible for the consequences of the consignee refusal to accept the goods upon delivery and must in principle fill out a formal report in accordance with Article 42 § 1 CIM.
