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Spain Transport Control Document Spanish Law FOM/2861/2012

A recent news article stated that, with effect from 5 July 2013, the Spanish authorities would require VAT numbers to be included with the details of parties involved in a CMR transport. Since then more information has become available.

The actual requirement comes from an update of the original legislation that incorporated the CMR Convention into Spanish law. Since 5 July 2013 traders have been required to carry, and enhance and ensure the accuracy of the information provided on a Spanish transport control document. Spain will accept a CMR Consignment Note as a transport control document so long as it contains the information below:

  • NAME or NAME, and NIF: (See Company Details below)

a) The sender. In Spanish this is translated as the contractual loading company (the one who contracts directly with the shipper). 
b) the carrier.

No need to state: The name or title, address and tax identification number of the recipient consignee (but recommend if known).

c) Place of origin and destination of the goods. 
d) The nature and weight of the goods transported. 
e) Date of completion of transport (effective date). 
f) Registration of the vehicle used in transport (tractors and semitrailers or trailers). 
g) Other comments or reservations if requested by the persons involved in the transport.

Two copies will be required, one of which is to be held by the carrier and taken on board the vehicle during the transport concerned.

If completed fully the CMR Note should have all the information required.

Spanish entities involved in the relevant trade will have to keep a copy of the control document available for scrutiny by the Inspectorate of Transport Terresetre, for at least one year.

The shipper and the carrier will be jointly responsible if the control document is not completed.

If a copy of the document is not carried on board the vehicle, the contractual shipper will have to prove that the document was issued to be exempt from liability.

The contractual shipper will be liable for the inaccuracy or error in the information specified in paragraphs a), b), c), d) and g).

The effective carrier will be liable for the inaccuracy or lack of information as specified in paragraphs e), f) and g).

Company details-NIF-In Spain the NIF is the company registration number. However, at the moment we recommend that the company registration number and VAT numbers are used since we cannot be sure the Spanish authorities have access to all relevant foreign company databases.

As the system has only just started we are not sure how robust the Spanish authorities will be with visiting hauliers. We recommend full compliance at least for the immediate future until we know how strict the regime will be.

The Spanish law allows the authorities to impose fines of up to €1001 for failure to comply with these new requirements.

The relevant link in Spanish is at: 
http://www.boe.es/boe/dias/2013/01/05/pdfs/BOE-A-2013-154.pdf


Source:www.bifa.org

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