MEMO: Charterer designated as consignor under ADN
8 April 2026
The Dutch Council of State has ruled that a charterer can be designated as consignor under the ADN and is responsible for the obligations associated with that role. Read what this means for your operations.
This memo informs you of relevant case law concerning the transport of dangerous goods and the implications this may have for your operations.
Background
On 4 March 2026, an appeal was heard in the Netherlands in a case brought by a container charterer against an enforcement order imposed on them. The company was suspected of failing to include all required information on the transport document. When a transport document does not contain all required information, this constitutes a violation of the ADN and, consequently, the Dutch Act on the Transport of Dangerous Goods (Wet Vervoer Gevaarlijke Stoffen). The transport document must be provided by the consignor to the carrier and must contain all necessary information. The company argued that it was not they, but the party on whose behalf they carried out the transport order, who should be regarded as the consignor, and that they were therefore not responsible for the content of the transport document.
Relevant ADN articles
The ADN states:
1.2.1
Consignor: means the enterprise which consigns dangerous goods either on its own behalf or for a third party. If the transport operation is carried out under a contract of carriage, the consignor according to that contract is deemed to be the consignor. In the case of tank vessels with empty or unloaded cargo tanks, the master is considered the consignor for the purposes of the required transport documents.
1.4.2.1.1
The consignor of dangerous goods is obliged to hand over for carriage only consignments which conform to the requirements of ADN. In the context of 1.4.1, he shall in particular:
…
b) provide the carrier, in a verifiable form, with the required information and data and, if necessary, the required transport documents and accompanying documents (authorisations, approvals, notifications, certificates, etc.), in accordance with the requirements of Chapter 5.4 and the tables in Part 3.
1.4.2.1.3
If the consignor acts on behalf of a third party, that third party shall inform the consignor in writing that dangerous goods are to be transported and make available to him all information and documents he needs to discharge his obligations.
Defence of the charterer
The charterer argued that it was not they, but the principal commissioning the transport, who should be regarded as the consignor under the ADN. The charterer claimed to act solely as an intermediary between the principal and the shipowner (carrier). A charterparty drawn up for this purpose was said to assign the role of consignor to another party. The court, however, did not accept this argument.
Ruling of the Council of State:
The court ruled that the charterer is the consignor within the meaning of the ADN. This conclusion was reached because a contract of carriage exists between the charterer and the vessel (the carrier) under Article 8:20 of the Dutch Civil Code. Even if this agreement were to be disregarded, the charterer would still have to be regarded as the consignor, as the charterer has transported dangerous goods on behalf of third parties and therefore qualifies as a consignor within the meaning of Article 1.2.1 ADN.
A charterparty was drawn up between the charterer and the carrier. This charterparty was not considered by the court to constitute a contract of carriage in the sense of the ADN, since no consignor is named in it. Furthermore, the agreement only provides for the making available of the vessel with crew, and not for the transport of a specific cargo on a specific date.
Since no contract of carriage for the transport carried out exists, the actual course of events had to be examined. The charterer transported goods for the principal by inland vessel. Correspondence showed that the charterer received instructions from the principal to arrange this transport. The court therefore concluded that the charterer is the consignor.
Implications and advice
This ruling in appeal has clarified that the role of consignor is assigned to the charterer. When the charterer is the consignor, they must also fulfil the obligations associated with that role. Providing the required information and, where applicable, preparing a transport document are among those obligations. The word "if necessary" might seem to suggest this is not always required. The court clarified this as follows:
"Subsection 1.4.2.1.1, under b, of the ADN stipulates that the consignor may only offer a consignment for transport that complies with the requirements of the ADN. In the opinion of the Division, it follows from the ADN that the consignor must provide the carrier with a transport document when offering the consignment, if the ADN requires this. Contrary to what [appellant] argues, the word 'if necessary' must be interpreted in this way. If the consignment offered contains dangerous goods, the transport document must contain the specific information referred to in the ADN. If this information is missing from the transport document, this constitutes a violation within the meaning of the Wvgs.
The foregoing means that [appellant], as consignor under the ADN, is obliged to provide the carrier with a transport document that meets the requirements of the ADN. Contrary to what [appellant] argues, this is an obligation of the consignor, not of the master."
Charterers must (as consignor) ensure that a correct and complete transport document is present for the transport of dangerous goods when arranging transport on behalf of third parties. It is advised to verify for each consignment that this document is present, correct and complete, and to implement control steps in the business process where necessary.
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