The Digitalization of International Road Transport: the Introduction of e-CMR in Italy

Milan – The international road transport sector has been undergoing a profound digitalisation process for several years, made necessary by the need to simplify administrative management and improve operational efficiency. The introduction of the electronic consignment note (“e-CMR”), governed by the Additional Protocol to the Convention on the Contract for the International Carriage of Goods by Road (“CMR” or “Convention”) signed in Geneva on 20 February 2008 (the “e-CMR Protocol”), represents a crucial step towards the modernisation of the sector.

This e-CMR Protocol, to which Italy has adhered with Law 8 March 2024, no. 37 (published in the Official Journal no. 81 of 6 April 2024), allows the use of the e-CMR as an alternative to paper documentation, maintaining the rules on carrier liability and the limitation of compensation provided for by art. 23 of the CMR unchanged.

The adoption of the e-CMR is part of a broader regulatory context, outlined by Regulation (EU) 2020/1056 on the use of electronic freight information (eFTI). This regulation, which is part of the so-called European Mobility Package, governs the interoperability of digital transport platforms and requires Member States to accept electronic documentation in compliance checks.

The digitalization process, although oriented towards efficiency, raises legal questions regarding the evidentiary validity of electronic documentation and the liability of the carrier in cases of loss or damage to the goods.

On this point, it should be noted that the e-CMR Protocol confirms the equivalence of the electronic consignment note to the paper version, establishing that it produces the same legal effects and has the same evidentiary value (art. 5, e-CMR Protocol). However, its applicability is limited to transport carried out exclusively between States adhering to the e-CMR Protocol; in fact, it should be noted that, while the traditional CMR applies to all international transport contracts, regardless of the residence of the parties, even when the place of departure and destination indicated in the contract are in two different countries, of which at least one is a party to the Convention, the e-CMR can be used exclusively between the countries that have signed the e-CMR Protocol, and on condition that the transport does not cross the border of a country that is not a signatory to the same.

The e-CMR, in addition to the characteristics of the paper version, has additional functions such as the possibility of attaching documents and allowing their authentication by means of a "reliable electronic signature" (the reliability parameters of which are described in art. 3.1 of the e-CMR Protocol).

Art. 3 of the e-CMR Protocol establishes that the e-CMR is authenticated by the parties to the transport contract by means of an electronic signature that offers greater guarantees on the connection between the signature and the signed electronic document. The reliability of the electronic signature is given, until proven otherwise
(i) by the possibility of identifying the signatory with certainty,
(ii) by the guarantee that only the signatory can exercise exclusive control over the use of the electronic signature, and
(iii) by the possibility of being able to view the history of all data relating to the document even if subsequently modified.

The e-CMR also guarantees a high degree of transparency by virtue of the electronic transmission of information between companies, with full interoperability of the related data. In fact, art. 2 of the e-CMR Protocol establishes that the procedure used to compile the electronic consignment note must guarantee the integrity of the information contained therein starting from the moment it was compiled for the first time in its final form. The procedure used to complete or modify the electronic consignment note must allow any modification to be detected and ensure the preservation of the original information of the electronic consignment note.

This interoperability, in turn, enhances the efficiency and visibility of all phases of transport, simplifying and reducing the time to access and retrieve the data of interest in order to provide, for example, responses during checks or to improve invoicing processes (also taking into account the receipt of proof of delivery in real time).

The objectives of the electronic consignment note are therefore multiple and aimed at the entire supply chain of the logistics and transport sector.

From a tax perspective, the digitalization of documentation facilitates proof of intra-Community supply, governed by Implementing Regulation (EU) 2018/1912 which identifies the documents suitable for demonstrating the delivery of goods in another Member State. In this sense, the Revenue Agency, with the response to question no. 117 of 23 April 2020, clarified that the duly signed CMR consignment note constitutes one of the elements of proof required to demonstrate intra-Community supply, an aspect that is now simplified by the adoption of the electronic version (e-CMR).

In conclusion, the digitalization of road transport through the adoption of the e-CMR represents a significant innovation that promotes the efficiency and safety of logistics operations, in line with the objectives of the National Recovery and Resilience Plan (PNRR). However, the practical application of the e-CMR Protocol raises some critical issues, including the limited adhesion by some States and the need for regulatory harmonization at European level.

The future of the digitalization of freight transport will depend on the ability of operators to adopt technological solutions compliant with the current regulatory framework and the progressive implementation of operational standards applicable at international level.
*Counsel, Legance – Avvocati Associati