BIFA is aware that there have been delays and diversions affecting, in particular, the movement of certain animal related products from Germany.
On the 15th January, the Association became aware of long delays at Sevington where trucks were diverted and mainly meat, dairy and similar products were offloaded.
In Calais, trucks carrying similar produce were stopped prior to being allowed onto the ferry to the UK. We are unclear as how long such problems will persist but it is important to consider how to prevent claims arising from this situation.
The first and most important step to take is where the BIFA member is trading under the Standard Trading Conditions is to ensure that they are incorporated into any and all contracts with the client. The international convention governing international road freight is the CMR Convention. Having discussed the situation with solicitors we can provide the following guidance.
In so far as the CMR applies, then protections exist for a carrier who cannot fulfil the requirements of a particular movement. These protections arise in a couple of different ways – if the necessary documents for import/export are not in place then Articles 6 and 7 would come to the carrier’s assistance. Otherwise, if carriage of particular goods is no longer possible, Articles 14-16 would come into play, and if the sender did not co-operate with a solution then the goods may be disposed of and the related costs charged to the client.
Where the BIFA STCs would govern, then clause 20 would operate to indemnify the member from liability and costs arising out of goods that could not be transported as requested. In so far as complaints to the member that they have not delivered, then the provisions of clause 24 would operate where this was by reason of a prohibition that they could do nothing to avoid. So, a customer could not hold a member liable for failure to deliver a cargo that was refused entry.
Carriers caught with cargoes that are held at the border can recover the costs that they incur, both under the BIFA STCs and the CMR. This would be the case even where the shipper was unaware that the goods were prohibited.
This is general guidance based on a generic understanding of the current situation, and for specific scenarios members should consult a suitably qualified legal expert.
