Inland waterway transport

On this page you will find an explanation of various important aspects of carriage of goods over inland waterways, guided by 21 questions. 

CMNI
Cross-border transport by inland water ways, with the port of loading or the port of unloading is located in a member state (art. 2 sub 1 CMNI) and by agreement regarding domestic transport by inland water ways (art. 31 CMNI; please also refer to art. 8:889 DCC).   

Dutch Law
Domestic transport by inland water ways (art. 8:890 DCC).

CMNI
Anyone whom or on whose behalf a transport agreement was concluded with the consignor (art. 1 sub 2 CMNI). The CMNI also refers to the sub carrier (art. 1 sub 3 CMNI).
 
Dutch Law
Anyone whom or on whose behalf a transport agreement was concluded with the consignor, including the time charter or voyage charter (art. 8:890 sub 1 jo 8:892 sub 4 DCC).

CMNI
Anyone whom or on whose behalf a transport agreement was concluded with the carrier (art. 1 sub 4 CMNI). 
  
Dutch Law
Anyone whom or on whose behalf a transport agreement was concluded with the carrier, including the time charter or voyage charter (art. 8:890 sub 1 jo 8:892 sub 4 DCC).

CMNI
The person who is entitled to receive the cargo (art. 1 sub 5 CMNI).  
 
Dutch Law
DCC does not provide any definitions. The consignee is the party to whom the cargo is to be delivered further to the agreement.

CMNI
Does not contain any provisions.
 
Dutch Law
In the event of a bill of lading, the rightful and regular bill of lading possessor exclusively (art. 8:940 sub 1 DCC) and otherwise the consignor and/or the consignee (art. 8:939 DCC).

CMNI
From the moment of receipt of the cargo until the moment of delivery (art. 16 sub 1 CMNI). 

Dutch Law
From the moment of receipt of the cargo until the moment of delivery (art. 8:895 DCC), however, the carrier may exclude liability for loading or unloading of the vessel (art. 8:902 sub 1 sub a DCC).

CMNI
The carrier is liable for loss or damages to the cargo incurred during the liability term (art. 16 sub 1 CMNI). Damages that have occurred before loading or after unloading shall be established according to national law (art. 16 sub 2 CMNI).  
 
Dutch Law
The carrier is liable for loss or damages to the cargo incurred during the liability term (art. 8:895 DCC). The carrier may waive liability for damages incurred before loading or after unloading the vessel (art. 8:902 sub 1 a DCC).

CMNI
The carrier is liable for damages as a consequence of a delay in delivery (art. 16 sub 1 CMNI).  
 
Dutch Law
The carrier is liable for damages as a consequence of a delay in delivery (art. 8:896 DCC); this liability is no compulsory provision (art. 8:902 sub 1 DCC).

CMNI
In the event of carrier force majeure (art. 16 sub 1 CMNI). Criterion: in the event of loss, a carrier can only successfully claim exemption of liability if he evidences that he has taken all precautions that can reasonably expected of a carrier in order to prevent loss. Exemption in the event of (art. 18 CMNI): act or omission by the cargo interested party, handling, stowage, unloading by cargo interested party, transport on deck or in open spaces if such was agreed or in accordance with commercial practice, nature of the cargo, missing or faulty packaging, insufficient or faulty labelling, salvage or attempts in that respect on public water ways, livestock, unless the carrier has not observed instructions. 
 
Dutch Law
A circumstance that was unavoidable for a cautious carrier and insofar he was unable to prevent the consequences (art. 8:989 sub 1 DCC); Criterion: in the event of loss, a carrier can only successfully claim exemption of liability if he evidences that he has taken all precautions that can reasonably expected of a carrier in order to prevent loss. The following circumstances are assumed to be unavoidable: fire, explosion, heat, cold, rodents or vermin, rot, leakage of cargo, melting, inflammation, corrosion. Carrier force majeure is assumed, subject to counter evidence, when cargo which, by its nature, is easily damages or when livestock does or when the cargo that was stowed by the consignor was damaged without the container having incurred damages (8:900 DCC). No liability if the loss, damages or delay is the consequence of a navigational error, unless this error was made by a person who is unfit to navigate the vessel or in the event of intent or recklessness by the carrier (art. 8:901 DCC).

CMNI
The cargo interested party shall prove that the damages/loss were incurred during the liability term. Carrier shall prove carrier force majeure (art. 16 sub 1 CMNI). Special risks of art. 18 sub 1 CMNI are presumptions of evidence. The cargo interested party may prove that the damages were not (exclusively) caused by one of these circumstances.  
 
Dutch Law
The cargo interested party shall prove that the damages/loss were incurred during the liability term. Carrier shall prove carrier force majeure. The circumstances mentioned in art. 8:899 and art. 8:900 DCC are presumptions of evidence. The cargo interested party may provide counter evidence.

CMNI
The transport document provides a presumption of evidence; counter evidence by the carrier is allowed. In the event that a bill of lading was issued, this only provides evidence in the relationship carrier – consignee; no counter evidence allowed against a bona fide third party to whom the bill of lading was transferred (art. 11 sub 3 and 4 and art. 13 sub 4 CMNI). In the event of a valid unfamiliarity clause, the bill of lading does not provide evidence for the measurements, number, weight of the cargo, the labelling or the visible state of the cargo (art. 12 sub 1 CMNI).  
 
Dutch Law
The DCC does not provide a presumption of evidence for the waybill. The bill of lading does provide a presumption of evidence; counter evidence by the carrier is allowed, excepts against a bona fide third party to whom the bill of lading was transferred. Evidence against this third party is allowed concerning the proper state in which, in the event that the bill of lading does not include any information in this respect, is assumed to be (art. 8:921 DCC). against a bona fide third party to whom the bill of lading was transferred (art. 8:921 sub 2 DCC).

CMNI
Destination value (art. 19 sub 1 CMNI).  

Dutch Law
Destination value (art. 8:903 sub 1 DCC).

CMNI
666.67 SDR per package or other loading unit or 2 SDR per kg, whichever amount is highest. In the event of container shipment, without notion of the assembled packages or loading units, the liability is limited to 1,500 SDR for the container and 25,000 SDR cargo inside (art. 20 sub 1 CMNI). In the event of damages as a consequence of delay: one time the cargo (art. 20 sub 3 CMNI). 
 
Dutch Law
€ 2.70 per kg. In the event of bulk mass € 227 per 1,000 kg. In the event of damages as a consequence of delay: one time the cargo (art. 8:905 DCC and AMvB 11 March 1991, Stb. 1991, 107).

CMNI
Not excluded, however limited by art. 20 CMNI.  

Dutch Law
Excluded (art. 8:903 sub 1 DCC).

CMNI
Intent or recklessness by the carrier, with the knowledge that the damages would probably result from that (art. 21 sub 1 CMNI).
 
Dutch Law
Intent or recklessness by the carrier, with the knowledge that the damages would probably result from that (art. 8:906 DCC).

CMNI
A higher limitation is allowed if the parties have expressly agreed to this, or if the nature and higher value of the cargo is included in the transport document (art. 20 sub 4 CMNI). Deviation is furthermore possible in the events mentioned in art. 25 sub 2 CMNI.   
 
Dutch Law
A higher limitation is allowed (art. 8:902 sub 1 DCC). A lower limitation is allowed if the conditions of art. 8:902 DCC are met. Deviation is also possible by declaring the CMNI applicable (art. 8:889 DCC). 

CMNI
The carrier is not liable other than provided in the CMNI (art. 17 sub 3 and art. 22 CMNI).   
 
Dutch Law
‘The aggressor is given a taste of his own medicine’ (art. 8:880 jo 8:361 and further DCC). 

CMNI
Visible damages shall be reported directly (in writing) and invisible damages/loss within 7 days of delivery, in writing (art. 23 sub 3 and 4 CMNI). In the event of delay: within 21 days of delivery of the goods (art. 23 sub 5 CMNI).   
 
Dutch Law
Book 8 DCC does not contain any provisions in this respect.

CMNI
Without the timely and written notice of damage and/or loss, it is presumed that the carrier delivered the cargo in sound condition, i.e. without damage or loss thereto, unless evidence to the contrary is provided (art. 23 sub 1 CMNI). No compensation shall be payable for damage resulting from delay if written notice thereof was not provided to the carrier in a timely manner (art. 23 sub 5 CMNI).

Dutch Law
Book 8 DCC does not contain any provisions in this respect.

CMNI
For all claims: one year. The term starts on the day following the delivery date or the day following the day that the cargo should have been delivered. This term may be extended in writing. Interruption and suspension of the limitation period according to applicable national law. Extra term of 90 days for recourse claims (art. 24 CMNI).  
 
Dutch Law
Limitation period: one year (art. 8:1711 DCC). This term can be interrupted or suspended (art. 3:317 sub 1 DCC) or extended (art. 8:1701 DCC). In the event of damage or loss as well as in the event of payment of the cargo, the term starts on the day following the day that the cargo should have been delivered (art. 8:1714 sub b and c DCC jo art. 8:1710 sub d DCC). Extra term of 3 months for recourse claims (art. 8:1720 DCC).

CMNI
This needs to be determined through international regulations (such as the EEX Regulation and the EVEX Treaty (Lugano Treaty) or the Civil Procedures Act.   
 
Nederlands recht
This needs to be determined through international regulations (such as the EEX Regulation and the EVEX Treaty (Lugano Treaty) or the Civil Procedures Act. 

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