PROTOCOL
to the Convention on the contract for the international carriage of goods by road (CMR)

Geneva, 5 July 1978

The parties to this Protocol,

parties to the Convention on the contract for international carriage of goods by road (CMR) signed in Geneva on 19 may 1956,

have agreed as follows:

Article 1

In accordance with this Protocol, "Convention" means the Convention on the contract for the international carriage by road (CMR).

Article 2

Article 23 of this Convention amended to read as follows:

1) paragraph 3 is replaced by the following:

"3. However, the amount of reimbursement cannot exceed 8.33 SDRs per kilo of missing gross weight";

2) at the end of this article added the following paragraphs 7, 8 and 9:

"7. The unit of account mentioned in this Convention is the unit of special drawing rights as defined by the International monetary Fund. The amount specified in paragraph 3 of this article, translated into the national currency of the state, the court which considers the case on the basis of the value of that currency at the date of the decision or the date established by the parties by agreement. Expressed in special drawing rights, the value of the national currency of a state which is a member of the International monetary Fund, shall be calculated in accordance with the method of assessment used by the International monetary Fund at the moment of its operations and transactions. Expressed in special rights derived the value of the national currency of a state which is not a member of the International monetary Fund, shall be calculated using the method established by this government.

8. Nevertheless, a state which is not a member of the International monetary Fund and national legislation which does not allow to apply the provisions of paragraph 7 of this article may, upon ratification or accession to the Protocol to the CMR or at any time thereafter, declare that provided for in paragraph 3 of this article the limit of liability that applies in its territory, is 25 units of account. The unit of account referred to in this paragraph corresponds 10/31 grams of gold 0,900 samples. The translation specified in this paragraph, amounts in the national currency is made in accordance with the national legislation of the state concerned. 9. The calculation mentioned in the last sentence of paragraph 7, and the translation referred to in paragraph 8 of this article shall be carried in such a manner as to Express in the national currency of the state where possible the same real value, and that which is expressed in units of account in paragraph 3 of this article. When depositing the instrument referred to in paragraph 3 of the Protocol to the CMR, and at any change they applied the method of calculation prescribed in paragraph 7, or amounts received as a result of a recalculation under paragraph 8 of this article, the state shall communicate to the Secretary-General of the United Nations itself".

FINAL PROVISIONS

Article 3

1. This Protocol shall remain open for signature by States which have signed the Convention or acceded to and which either are members of the Economic Commission for Europe, or allowed to participate in the work of the Commission with consultative status in accordance with paragraph 8 of the regulations on the terms of reference of this Commission.

2. The present Protocol shall be open for accession by any of those mentioned in paragraph 1 of this article States which are Contracting parties to the Convention.

3. States that can participate in some activities Economic Commission for Europe in accordance with article 11 of its terms of reference and which have acceded to the Convention may become Contracting parties to this Protocol by acceding to it after its entry into force.

4. This Protocol shall be open for signature at Geneva from 1 September 1978 to 31 August 1979, inclusive. After this date it shall be open for accession.

5. This Protocol is subject to ratification after the state concerned has ratified the Convention or acceded to it.

6. Ratification or accession shall be effected by the Deposit with the Secretary-General of the United Nations proper act.

7. Any instrument of ratification or accession deposited after the entry into force of the amendment to the present Protocol to all Contracting parties or after the completion of all measures required for the entry into force for all Contracting parties, is seen as relevant to the Protocol with the inclusion of the amendment.

Article 4

1. This Protocol shall enter into force on the ninetieth day after five of the items specified in paragraphs 1 and 2 of article 3 of this Protocol, States have deposited their instruments of ratification or accession.

2. For each state that ratifies this Protocol or acceded to it after five States have deposited their instruments of ratification or accession, this Protocol shall enter into force on the ninetieth day after the date of Deposit by that state of its instrument of ratification or instrument of accession.

Article 5

1. Each Contracting party may denounce this Protocol by notification addressed to the Secretary-General of the United Nations.

2. The denunciation shall take effect twelve months from the date of receipt by the Secretary General of such notification.

3. Any Contracting party which ceases to be a party to this Convention, at the same time cease to be a party to this Protocol.

Article 6

If after the entry into force of this Protocol, the Contracting parties will be due to the denunciation of less than five, this Protocol shall become effective on the date on which it becomes valid the last of these denunciations. He also loses force from the date on which expires the Convention.

Article 7

1. Any state may, when depositing its instrument of ratification or accession or at any time thereafter declare by notification addressed to the Secretary-General of the United Nations that this Protocol applies to all or part of the territory for the external relations of which it is responsible and in respect of which it has made a Declaration under article 46 of the Convention. The present Protocol shall extend to the territory or territories named in the notification, on the ninetieth day after the receipt by the Secretary General mentioned notification or, if that day Protocol had not yet come into force, - from the date of its entry into force.

2. Each state, made in accordance with the preceding paragraph, the Declaration on the application of this Protocol in the territory, for whose international relations it is responsible may, in accordance with the abovementioned article 5 to denounce the Protocol on the site.

Article 8

Any dispute between two or more Contracting parties concerning the interpretation or application of this Protocol which the parties are unable to settle by negotiation or other means of settlement may be transferred at the request of any interested Contracting parties for the resolution of International justice.

Article 9

1. Each Contracting party may, when signing or ratifying the present Protocol or accession thereto, declare by notification addressed to the Secretary-General of the United Nations that it did not consider itself bound by article 8 of the Protocol. Other Contracting parties shall not be bound by article 8 in respect of any Contracting party which has made such a statement.

2. The statement referred to in paragraph 1 of this article may at any time be withdrawn by a notification addressed to the Secretary-General of the United Nations.

3. No other reservations to this Protocol shall be permitted.

Article 10

1. After three years of operation of this Protocol, any Contracting party may, by a notification addressed to the Secretary-General of the United Nations, to request the convening of a conference to review this Protocol. The Secretary-General reports on the request of any Contracting party and shall convene a conference for revision of the Protocol, if during the four month period after a report of at least one quarter of the Contracting parties notify him of their consent to the convening of such a meeting.

2. If, in accordance with the preceding paragraph shall convene the conference, the Secretary-General shall notify all Contracting parties and addresses them with a request to submit, within three months, proposals which the conference seems to them desirable. Not later than three months before the opening of the conference, the Secretary-General shall inform all Contracting parties the provisional agenda of the conference and the text of these proposals.

3. The Secretary-General invite to any conference convened in accordance with this article, all States referred to in paragraphs 1 and 2 of article 3, as well as States which have become Contracting parties under paragraph 3 of article 3 of this Protocol.

Article 11

In addition to the notifications provided for in article 10, the Secretary-General of the United Nations shall notify the States referred to in paragraphs 1 and 2 of article 3, as well as States become Contracting parties under paragraph 3 of article:

a) ratifications and accessions under article 3;

b) the dates of entry into force of this Protocol in accordance with article 4;

c) communications received under paragraph ... of article 2;

d) denunciations under article 5;

e) the termination of this Protocol in accordance with article 6;

f) notifications received in accordance with article 7;

g) declarations and notifications received in accordance with paragraphs 1 and 2 of article 9.