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Download XMLProtocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Albania | Yes | No |
| Belgium | Yes | No |
| Croatia | Yes | No |
| Denmark | Yes | No |
| EU (European Union) | Yes | No |
| Finland | Yes | No |
| France | Yes | No |
| Georgia | Yes | No |
| Greece | Yes | No |
| Ireland | Yes | No |
| Latvia | Yes | No |
| Lithuania | Yes | No |
| Malta | Yes | No |
| Marshall Islands | Yes | No |
| Netherlands, the Kingdom of the | Yes | No |
| Portugal | Yes | No |
| San Marino | Yes | No |
| Serbia | Yes | No |
| Slovakia | Yes | No |
| Slovenia | Yes | No |
| Spain | Yes | No |
| Syria | Yes | No |
Albania
16-03-2005
The Republic of Albania declares that it intends to denounce:
- The Athens Convention relating to the Carriage of Passengers and their Luggage by
Sea, done at Athens on 13 December 1974;
- The Protocol to the Athens Convention relating to the Carriage of Passengers and
their Luggage by Sea, done at London on 19 November, 1976; and
- The Protocol of 1990 to amend the Athens Convention relating to the Carriage of
Passengers and their Luggage by Sea, done at London on 29 March 1990.
This denunciation will take effect from the date of entry into force for the Republic
of Albania of the Protocol of 2002 to the Athens Convention relating to the Carriage
of Passengers and their Luggage by Sea, done at London on 1 November 1974.
Belgium
23-04-2013
[The instrument of accession by the Kingdom of Belgium was accompanied by a reservation, for its content please refer to the reservation of the European Union below, mutatis mutandis.]
Croatia
25-09-2013
[The instrument of accession by Croatia was accompanied by a reservation, for its content please refer to the reservation of the European Union above, mutatis mutandis.]
Denmark
23-05-2012
Limitation of liability of carriers, etc.
1. The Government of Denmark reserves the right to and undertakes to limit liability
under paragraph 1 or 2 of article 3 of the Convention, if any, in respect of death
of or personal injury to a passenger caused by any of the risks referred to in paragraph
2.2 of the IMO Guidelines for Implementation of the Athens Convention to the lower
of the following amounts:
- 250,000 units of account in respect of each passenger on each distinct occasion,
or
- 340 million units of account overall per ship on each distinct occasion.
2. Furthermore, the Government of Denmark reserves the right to and undertakes to
apply the IMO Guidelines for Implementation of the Athens Convention, paragraphs 2.1.1
and 2.2.2 mutatis mutandis, to such liabilities.
3. The liability of the performing carrier pursuant to article 4 of the Convention,
the liability of the servants and agents of the carrier or the performing carrier
pursuant to article 11 of the Convention and the limit of the aggregate of the amounts
recoverable pursuant to article 12 of the Convention shall be limited in the same
way.
4. The reservation and undertaking in paragraph 1.2 will apply regardless of the basis
of liability under paragraph 1 or 2 of article 3 and notwithstanding anything to the
contrary in article 4 or 7 of the Convention; but this reservation and undertaking
do not affect the operation of articles 10 and 13.
Compulsory insurance and limitation of liability of insurers
5. The Government of Denmark reserves the right to and undertakes to limit the requirement
under paragraph 1 of article 4bis to maintain insurance or other financial security
for death or personal injury to a passenger caused by any of the risks referred to
in paragraph 2.2 of the IMO Guidelines for Implementation of the Athens Convention
to the lower of the following amounts:
- 250,000 units of account in respect of each passenger on each distinct occasion,
or
- 340 million units of account overall per ship on each distinct occasion.
6. The Government of Denmark reserves the right to and undertakes to limit the liability
of the insurer or other person providing financial security under paragraph 10 of
article 4bis, for death or personal injury to a passenger caused by any of the risks
referred to in paragraph 2.2 of the IMO Guidelines for Implementation of the Athens
Convention, to a maximum limit of the amount of insurance or other financial security
which the carrier is required to maintain under paragraph 1.6 of this reservation.
7. The Government of Denmark also reserves the right to and undertakes to apply the
IMO Guidelines for Implementation of the Athens Convention including the application
of the clauses referred to in paragraphs 2.1 and 2.2 in the Guidelines in all compulsory
insurance under the Convention.
8. The Government of Denmark reserves the right to and undertakes to exempt the provider
of insurance or other financial security under paragraph 1 of article 4bis from any
liability for which he has not undertaken to be liable.
Certification
9. The Government of Denmark reserves the right to and undertakes to issue insurance
certificates under paragraph 2 of article 4bis of the Convention so as:
- to reflect the limitations of liability and the requirements for insurance cover
referred to in paragraphs 1.2, 1.6, 1.7 and 1.9; and
- to include such other limitations, requirements and exemptions as it finds that
the insurance market conditions at the time of the issue of the certificate necessitate.
10. The Government of Denmark reserves the right to and undertakes to accept insurance
certificates issued by other States Parties issued pursuant to a similar reservation.
11. All such limitations, requirements and exemptions will be clearly reflected in
the Certificate issued or certified under paragraph 2 of article 4bis of the Convention.
Relationship between this Reservation and the IMO Guidelines for Implementation of
the Athens Convention
12. The rights retained by this reservation will be exercised with due regard to the
IMO Guidelines for Implementation of the Athens Convention, or to any amendments thereto,
with an aim to ensure uniformity. If a proposal to amend the IMO Guidelines for Implementation
of the Athens Convention, including the limits, has been approved by the Legal Committee
of the International Maritime Organisation, those amendments will apply as from the
time determined by the Committee. This is without prejudice to the rules of international
law regarding the right of a state to withdraw or amend its reservation.
The Government of Denmark declares that judgments on matters covered by the Athens
Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002 (the
Convention) shall, when given by a court of a European Union Member State other than
Denmark, be recognized and enforced in Denmark according to the relevant internal
Union rules on the subject based on the Agreement between the European Community and
the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments
in civil and commercial matters.
EU (European Union)
15-12-2011
EUROPEAN UNION DECLARATION OF COMPETENCE
As regards matters covered by articles 10 and 11 of the Athens Protocol of 2002 to
the Athens Convention relating to the Carriage of Passengers and their Luggage by
Sea, 1974, which come under article 81 of the Treaty on the Functioning of the European
Union, the Member States of the European Union, with the exception of the Kingdom
of Denmark, in accordance with articles 1 and 2 of Protocol (No 22) on the position
of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning
of the European Union, have conferred competences to the Union. The Union exercised
this competence by adopting Council Regulation (EC) No 44/2001 of 22 December 2000
on jurisdiction and the recognition and enforcement of judgments in civil and commercial
matters.
EUROPEAN UNION DECLARATION ON ARTICLE 17bis(3) OF THE ATHENS CONVENTION, AS AMENDED
BY ARTICLE 11 OF THE ATHENS PROTOCOL
1. Judgments on matters covered by the Athens Protocol of 2002 to the Athens Convention
relating to the Carriage of Passengers and their Luggage by Sea, 1974, when given
by a court of the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic,
the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic,
the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus,
the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg,
the Republic of Hungary, Malta, the Kingdom of the Netherlands, the Republic of Austria,
the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia,
the Slovak Republic, the Republic of Finland, the Kingdom of Sweden or the United
Kingdom of Great Britain and Northern Ireland, shall be recognised and enforced in
a Member State of the European Union in accordance with the relevant rules of the
European Union on the subject.
2. Judgments on matters covered by the Athens Protocol, when given by a court of the
Kingdom of Denmark, shall be recognised and enforced in a Member State of the European
Union in accordance with the Agreement between the European Community and the Kingdom
of Denmark on jurisdiction and the recognition and enforcement of judgments in civil
and commercial matters.
3. Judgments on matters covered by the Athens Protocol, when given by a court of a
third State:
(a) bound by the Lugano Convention on jurisdiction and the recognition and enforcement
of judgments in civil and commercial matters of 30 October 2007 shall be recognised
and enforced in the Member States of the European Union in accordance with that Convention;
(b) bound by the Lugano Convention on jurisdiction and the enforcement of judgments
in civil and commercial matters of 16 September 1988 shall be recognised and enforced
in the Member States of the European Union in accordance with that Convention.
EUROPEAN UNION DECLARATION OF COMPETENCE
1. Article 19 of the Athens Protocol of 2002 to the Athens Convention relating to
the Carriage of Passengers and their Luggage by Sea, 1974 provides that Regional Economic
Integration Organisations which are constituted by sovereign States that have transferred
competence over certain matters governed by that Protocol to them may sign it, on
condition that they make the declaration referred to in that article. The Union has
decided to accede to the Athens Protocol and is accordingly making that declaration.
2. The current Members of the European Union are the Kingdom of Belgium, the Republic
of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany,
the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the
French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary,
Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland,
the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the
Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain
and Northern Ireland.
3. This declaration is not applicable to the territories of the Member States of the
European Union in which the Treaty on the Functioning of the European Union (TFEU)
does not apply and is without prejudice to such acts or positions as may be adopted
under the Protocol by the Member States concerned on behalf of, and in the interests
of, those territories.
4. The Member States of the European Union have conferred exclusive competence to
the Union as regards measures adopted on the basis of article 100 of the TFEU. Such
measures have been adopted as regards articles 1 and 1 bis, article 2(2), articles
3 to 16 and articles 18, 20 and 21 of the Athens Convention as amended by the Athens
Protocol and the provisions of the IMO Guidelines, by means of Regulation (EC) No
392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability
of carriers of passengers by sea in the event of accidents.
5. The exercise of competence which the Member States have transferred to the European
Union pursuant to the TFEU is, by its nature, liable to continuous development. In
the framework of the TFEU, the competent institutions may take decisions which determine
the extent of the competence of the European Union. The European Union therefore reserves
the right to amend this declaration accordingly, without this constituting a prerequisite
for the exercise of its competence with regard to matters governed by the Athens Protocol.
The European Union will notify the amended declaration to the Secretary-General of
the International Maritime Organization.
EUROPEAN UNION RESERVATION
Reservation in connection with the ratification by the European Union of the Athens
Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002 (the
Convention).
Limitation of liability of carriers, etc.
1. The European Union reserves the right to and undertakes to limit liability under
paragraph 1 or 2 of article 3 of the Convention, if any, in respect of death of or
personal injury to a passenger caused by any of the risks referred to in paragraph
2.2 of the IMO Guidelines for Implementation of the Athens Convention to the lower
of the following amounts:
- 250,000 units of account in respect of each passenger on each distinct occasion,
or
- 340 million units of account overall per ship on each distinct occasion.
2. Furthermore, the European Union reserves the right to and undertakes to apply the
IMO Guidelines for Implementation of the Athens Convention, paragraphs 2.1.1 and 2.2.2
mutatis mutandis, to such liabilities.
3. The liability of the performing carrier pursuant to article 4 of the Convention,
the liability of the servants and agents of the carrier or the performing carrier
pursuant to article 11 of the Convention and the limit of the aggregate of the amounts
recoverable pursuant to article 12 of the Convention shall be limited in the same
way.
4. The reservation and undertaking in paragraph 1.2 will apply regardless of the basis
of liability under paragraph 1 or 2 of article 3 and notwithstanding anything to the
contrary in article 4 or 7 of the Convention; but this reservation and undertaking
do not affect the operation of articles 10 and 13.
Compulsory insurance and limitation of liability of insurers
5. The European Union reserves the right to and undertakes to limit the requirement
under paragraph 1 of article 4bis to maintain insurance or other financial security
for death or personal injury to a passenger caused by any of the risks referred to
in paragraph 2.2 of the IMO Guidelines for Implementation of the Athens Convention
to the lower of the following amounts:
- 250,000 units of account in respect of each passenger on each distinct occasion,
or
- 340 million units of account overall per ship on each distinct occasion.
6. The European Union reserves the right to and undertakes to limit the liability
of the insurer or other person providing financial security under paragraph 10 of
article 4bis, for death or personal injury to a passenger caused by any of the risks
referred to in paragraph 2.2 of the IMO Guidelines for Implementation of the Athens
Convention, to a maximum limit of the amount of insurance or other financial security
which the carrier is required to maintain under paragraph 1.6 of this reservation.
7. The European Union also reserves the right to and undertakes to apply the IMO Guidelines
for Implementation of the Athens Convention including the application of the clauses
referred to in paragraphs 2.1 and 2.2 in the Guidelines in all compulsory insurance
under the Convention.
8. The European Union reserves the right to and undertakes to exempt the provider
of insurance or other financial security under paragraph 1 of article 4bis from any
liability for which he has not undertaken to be liable.
Certification
9. The European Union reserves the right to and undertakes to issue insurance certificates
under paragraph 2 of article 4bis of the Convention so as:
- to reflect the limitations of liability and the requirements for insurance cover
referred to in paragraphs 1.2, 1.6, 1.7 and 1.9; and
- to include such other limitations, requirements and exemptions as it finds that
the insurance market conditions at the time of the issue of the certificate necessitate.
10. The European Union reserves the right to and undertakes to accept insurance certificates
issued by other States Parties issued pursuant to a similar reservation.
11. All such limitations, requirements and exemptions will be clearly reflected in
the Certificate issued or certified under paragraph 2 of article 4bis of the Convention.
Relationship between this Reservation and the IMO Guidelines for Implementation of
the Athens Convention
12. The rights retained by this reservation will be exercised with due regard to the
IMO Guidelines for Implementation of the Athens Convention, or to any amendments thereto,
with an aim to ensure uniformity. If a proposal to amend the IMO Guidelines for Implementation
of the Athens Convention, including the limits, has been approved by the Legal Committee
of the International Maritime Organisation, those amendments will apply as from the
time determined by the Committee. This is without prejudice to the rules of international
law regarding the right of a state to withdraw or amend its reservation.
Finland
05-06-2017
[The instrument of ratification by Finland was accompanied by a reservation, for its content please refer to the reservation of the European Union above, mutatis mutandis.]
France
19-09-2016
[The instrument of accession by France was accompanied by a reservation, for its content please refer to the reservation of the European Union above, mutatis mutandis.]
Georgia
22-05-2019
[The instrument of accession by Georgia was accompanied by a reservation, for its content please refer to the reservation of the European Union above, mutatis mutandis.]
Greece
06-12-2013
[The instrument of accession by Greece was accompanied by a reservation, for its content please refer to the reservation of the European Union above, mutatis mutandis.]
Ireland
07-08-2014
[The instrument of ratification by Finland was accompanied by a reservation, for its content please refer to the reservation of the European Union above, mutatis mutandis.]
Latvia
17-02-2005
In accordance with article 17, paragraph 5 and article 20 of the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, done in London on 1 November 2002, the Republic of Latvia communicates that the withdrawal of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, done at Athens on 13 December 1974 and the Protocol to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, done at London 19 November 1976, deposited by the Republic of Latvia at the International Maritime Organization on 15 February 2005, will take effect upon the entry into force of the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea.
Lithuania
10-03-2015
[The instrument of accession by Lithuania was accompanied by a reservation, for its content please refer to the reservation of the European Union above, mutatis mutandis.]
Malta
07-08-2013
[The instrument of accession by Malta was accompanied by a reservation, for its content please refer to the reservation of the European Union above, mutatis mutandis.]
Marshall Islands
27-10-2014
[The instrument of accession by the Marshall Islands was accompanied by a reservation, for its content please refer to the reservation of the European Union above, mutatis mutandis.]
Netherlands, the Kingdom of the
26-09-2012
Declares in conformity with the provisions of Article 17, paragraph 3, of the Protocol
of 2002 to the Athens Convention relating to the Carriage of Passengers and their
Luggage by Sea, 1974, [….] that the provisions so accepted shall be observed subject
to the following reservations:
1. Limitation of liability of carriers
a. The Kingdom of the Netherlands, for the European part of the Netherlands, reserves
the right to and undertakes to limit liability under paragraph 1 or 2 of Article 3
of the Convention, in any, in respect of death of or personal injury to a passenger
caused by any of the risks referred to in paragraph 2.2 of the IMO Guidelines for
Implementation of the Athens Convention to the lower of the following amounts
- 250, 000 units of account in respect of each passenger on each distinct occasion;
or
- 340 million units of account overall per ship on each distinct occasion.
b. The Kingdom of the Netherlands, for the European part of the Netherlands, reserves
the right to and undertakes to apply the IMO Guidelines for Implementation of the
Athens Convention paragraphs 2.1.1 and 2.2.2 mutatis mutandis, to such liabilities.
c. The liability of the performing carrier pursuant to Article 4 of the Convention,
the liability of the servants and agents of the carrier or the performing carrier
pursuant to Article 11 of the Convention and the limit of the aggregate of the amounts
recoverable pursuant to Article 12 of the Convention shall be limited in the same
way.
d. The reservation and undertaking in paragraph 1.a will apply regardless of the basis
of liability under paragraph 1 or 2 of Article 3 and notwithstanding anything to the
contrary in Article 4 or 7 of the Convention; but this reservation and undertaking
do not affect the operation of Articles 10 and 13.
2. Compulsory insurance and limitation of liability of insurers
a. The Kingdom of the Netherlands, for the European part of the Netherlands, reserves
the right to and undertakes to limit the requirement under paragraph 1 of Article
4bis to maintain insurance or other financial security for death or personal injury
to a passenger caused by any of the risks referred to in paragraph 2.2 of the IMO
Guidelines for Implementation of the Athens Convention to the lower of the following
amounts:
- 250,000 units of account in respect of each passenger on each distinct occasion;
or
- 340 million units of account overall per ship on each distinct occasion.
b. The Kingdom of the Netherlands, for the European part of the Netherlands, reserves
the right to and undertakes to limit the liability of the insurer of other person
providing financial security under paragraph 10 of Article 4bis for death or personal
injury to a passenger caused by any of the risks referred to in paragraph 2.2 of the
IMO Guidelines for Implementation of the Athens Convention, to a maximum limit of
the amount of insurance or other financial security which the carrier is required
to maintain under paragraph 2.a of this reservation.
c. The Kingdom of the Netherlands, for the European part of the Netherlands, also
reserves the right to and undertakes to apply the IMO Guidelines for Implementation
of the Athens Convention including the application of the clauses referred to in paragraphs
2.1 and 2.2 in the Guidelines in all compulsory insurance under the Convention.
d. The Kingdom of the Netherlands, for the European part of the Netherlands, reserves
the right to and undertakes to exempt the provider of insurance or other financial
security under paragraph 1 of Article 4bis from any liability for which he has not
undertaken to be liable.
3. Certification
a.The Kingdom of the Netherlands, for the European part of the Netherlands, reserves
the right to and undertakes to issue insurance certificates under paragraph 2 of Article
4bis of the Convention so as:
- to reflect the limitations of liability and the requirements for insurance cover
referred to in paragraphs 1.a, 2.a, 2.b and 2.d; and
- to include such other limitations, requirements and exemptions as it finds that
the insurance market conditions at the time of the issue of the certificate necessitate.
b. The Kingdom of the Netherlands, for the European part of the Netherlands, reserves
the right to and undertakes to accept insurance certificates issued by other States
Parties issued pursuant to a similar reservation.
c. All such limitations, requirements and exemptions will be clearly reflected in
the Certificate issued or certified under paragraph 2 of Article 4bis of the Convention.
4. Relationship between this Reservation and the IMO Guidelines for Implementation
of the Athens Convention
The rights retained by this reservation will be exercised with due regard to the IMO
guidelines for Implementation of the Athens Convention, or to any amendments thereto,
with an aim to ensure uniformity. If a proposal to amend the IMO Guidelines for Implementation
of the Athens Convention, including the limits, has been approved by the Legal Committee
of the International Maritime Organization those amendments will apply as from the
time determined by the Committee. This is without prejudice to the rules of international
law regarding the right of a State to withdraw or amend its reservation.
Portugal
01-09-2015
[The instrument of accession by Portugal was accompanied by a reservation, for its content please refer to the reservation of the European Union above, mutatis mutandis.]
San Marino
27-01-2022
[…] Reservation in connection with the accession of San Marino to the Athens Convention
relating to the Carriage of Passengers and their Luggage by Sea, 2002:
"Limitation of liability of carriers, etc.
1. The Government of San Marino reserves the right to and undertakes to limit
liability under paragraph 1 or 2 of article 3 of the Convention, if any, in respect
of death of or personal injury to a passenger caused by any of the risks referred
to in paragraph 2.2 of the IMO Guidelines for Implementation of the Athens Convention
to the lower of the following amounts:
- 250,000 units of account in respect of each passenger on each distinct occasion;
or
- 340 million units of account overall per ship on each distinct occasion.
2. Furthermore, the Government of San Marino reserves the right to and undertakes
to apply the IMO Guidelines for Implementation of the Athens Convention, paragraphs
2.1.1 and 2.2.2 mutatis mutandis, to such liabilities.
3. The liability of the performing carrier pursuant to article 4 of the Convention,
the liability of the servants and agents of the carrier or the performing carrier
pursuant to article 11 of the Convention and the limit of the aggregate of the amounts
recoverable pursuant to article 12 of the Convention shall be limited in the same
way.
4. The reservation and undertaking in paragraph 1 of this reservation will apply
regardless of the basis of liability under paragraph 1 or 2 of article 3 and notwithstanding
anything to the contrary in article 4 or 7 of the Convention; but this reservation
and undertaking do not affect the operation of articles 10 and 13.
Compulsory insurance and limitation of liability of insurers
5. The Government of San Marino reserves the right to and undertakes to limit
the requirement under paragraph 1 of article 4bis to maintain insurance or other financial
security for death or personal injury to a passenger caused by any of the risks referred
to in paragraph 2.2 of the IMO Guidelines for Implementation of the Athens Convention
to the lower of the following amounts:
- 250,000 units of account in respect of each passenger on each distinct occasion;
or
- 340 million units of account overall per ship on each distinct occasion.
6. The Government of San Marino reserves the right to and undertakes to limit
the liability of the insurer or other person providing financial security under paragraph
10 of article 4bis, for death or personal injury to a passenger caused by any
of the risks referred to in paragraph 2.2 of the IMO Guidelines for Implementation
of the Athens Convention, to a maximum limit of the amount of insurance or other
financial security which the carrier is required to maintain under paragraph 5 of
this reservation.
7. The Government of San Marino also reserves the right to and undertakes to
apply the IMO Guidelines for Implementation of the Athens Convention including the
application of the clauses referred to in paragraphs 2.1 and 2.2 in the Guidelines
in all compulsory insurance under the Convention.
8. The Government of San Marino reserves the right to and undertakes to exempt
the provider of insurance or other financial security under paragraph 1 of article
4bis from any liability for which he has not undertaken to be liable.
Certification
9. The Government of San Marino reserves the right to and undertakes to issue
insurance certificates under paragraph 2 of article 4bis of the Convention so as:
- to reflect the limitations of liability and the requirements for insurance cover
referred to in paragraphs 1, 5, 6 and 8 of this reservation; and
- to include such other limitations, requirements and exemptions as it finds that
the insurance market conditions at the time of the issue of the certificate necessitate.
10. The Government of San Marino reserves the right to and undertakes to accept
insurance certificates issued by other States Parties issued pursuant to a similar
reservation.
11. All such limitations, requirements and exemptions will be clearly reflected
in the Certificate issued or certified under paragraph 2 of article 4bis of the Convention.
Relationship between this Reservation and the IMO Guidelines for Implementation of
the Athens Convention
12. The rights retained by this reservation will be exercised with due regard
to the IMO Guidelines for Implementation of the Athens Convention, or to any amendments
thereto, with an aim to ensure uniformity. If a proposal to amend the IMO Guidelines
for Implementation of the Athens Convention, including the limits, has been approved
by the Legal Committee of the International Maritime Organization, those amendments
will apply as from the time determined by the Committee. This is without prejudice
to the rules of international law regarding the right of a state to withdraw or amend
its reservation."
Serbia
25-05-2011
On the day of the entry into force of the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, adopted in London on 1 November 2002, on international level, the Republic of Serbia shall terminate the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, adopted in Athens on 13 December 1974.
Slovakia
13-04-2015
[The instrument of accession by the Slowak Republic was accompanied by a reservation,
for its content please refer to the reservation of the European Union above, mutatis
mutandis.]
Slovenia
09-01-2017
[The instrument of accession by Slovenia was accompanied by a reservation, for its content please refer to the reservation of the European Union above, mutatis mutandis.]
Spain
11-06-2015
1. The Government of the Kingdom of Spain reserves the right to and undertakes to
limit liability under paragraph 1 or 2 of article 3 of the Convention, if any, in
respect of death of or personal injury to a passenger caused by any of the risks referred
to in paragraph 2.2 of the IMO Guidelines for Implementation of the Athens Convention
to the lower of the following amounts:
- 250,000 units of account in respect of each passenger on each distinct occasion;
- 340 million units of account overall per ship on each distinct occasion.
2. Furthermore, the Government of the Kingdom of Spain reserves the right to and undertakes
to apply paragraphs 2.1.1 and 2.2.2 of the IMO Guidelines for Implementation of the
Athens Convention, mutatis mutandis, to such liabilities.
3. The liability of the performing carrier pursuant to article 4 of the Convention,
the liability of the servants and agents of the performing carrier pursuant to article
11 of the Convention and the limit of the aggregate of the amounts recoverable pursuant
to article 12 of the Convention shall be limited in the same way.
4. The reservation and undertaking in paragraph 1 will apply regardless of the basis
of liability under paragraph 1 or 2 of article 3, and notwithstanding anything to
the contrary in article 4 or 7 of the Convention; but this reservation and undertaking
do not affect the operation of articles 10 and 13.
5. The Government of the Kingdom of Spain reserves the right to and undertakes to
limit the requirement under paragraph 1 of article 4bis to maintain insurance or other
financial security for death or personal injury to a passenger caused by any of the
risks referred to in paragraph 2.2 of the IMO Guidelines for Implementation of the
Athens Convention to the lower of the following amounts:
- 250,000 units of account in respect of each passenger on each distinct occasion;
- 340 million units of account overall per ship on each distinct occasion.
6. The Government of the Kingdom of Spain reserves the right to and undertakes to
limit the liability of the insurer or other person providing financial security under
paragraph 10 of article 4bis, for death or personal injury caused by any of the risks
referred to in paragraph 2.2 of the IMO Guidelines for Implementation of the Athens
Convention, to a maximum limit of the amount of insurance or other financial security
which the carrier is required to maintain under paragraph 5 of this reservation.
7. The Government of the Kingdom of Spain also reserves the right to and undertakes
to apply the IMO Guidelines for Implementation of the Athens Convention including
the application of the clauses referred to in paragraphs 2.1 and 2.2 of the Guidelines
in all compulsory insurance under the Convention.
8. The Government of the Kingdom of Spain reserves the right to and undertakes to
exempt the provider of insurance or other financial security under paragraph 1 of
article 4bis from any liability for which it has not undertaken to be liable.
9. The Government of the Kingdom of Spain reserves the right to and undertakes to
issue insurance certificates under paragraph 2 of article 4bis of the Convention,
so as:
- to reflect the limitations of liability and the requirements for insurance cover
referred to in paragraphs 1.2, 1.6, 1.7 and 1.9; and
- to include such other limitations, requirements and exemptions as it finds that
the market conditions at the time of issue of the certificate necessitate.
10. The Government of the Kingdom of Spain reserves the right to and undertakes to
accept insurance certificates issued by other States Parties pursuant to a similar
reservation.
11. All such limitations, requirements and exemptions shall be clearly reflected in
the certificate issued or certified under paragraph 2 of article 4bis of the Convention.
12. The rights retained by this reservation will be exercised with due regard to the
IMO Guidelines for Implementation of the Athens Convention, or to any amendments thereto,
with an aim to ensure uniformity. If a proposal to amend the IMO Guidelines for Implementation
of the Athens Convention, including the limits, has been approved by the Legal Committee
of the International Maritime Organization, those amendments will apply as from the
time determined by the Committee. This is without prejudice to the rules of international
law regarding the right of a State to withdraw or amend its reservation.
Considering that the United Kingdom has decided to extend the application of this
Protocol to the territory of Gibraltar, Spain wishes to make the following declaration:
1. Gibraltar is a non-autonomous territory whose international relations come under
the responsibility of the United Kingdom and which is subject to a decolonization
process in accordance with the relevant decisions and resolutions of the General Assembly
of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal
competences which have their origin and their foundation in a distribution and attribution
of competences performed by the United Kingdom in compliance with its internal legislation,
in its capacity as sovereign State on which the mentioned non-autonomous territory
depends.
3. As a result, the eventual participation of the Gibraltarian authorities in the
application of this Protocol will be understood as carried out exclusively as part
of the internal competences of Gibraltar and cannot be considered to modify in any
way what was established in the two previous paragraphs.
4. The procedure established by the regime relating to Gibraltar authorities in the
context of certain international treaties agreed upon by Spain and the United Kingdom
on 19 December 2007 (together with "Agreed Arrangements relating to Gibraltar Authorities
in the context of EU and EC Instruments and related Treaties, 19 April 2000") is applicable
to this Protocol.
5. The application to Gibraltar of this Protocol cannot be interpreted as recognition
of any rights or situations involving matters not included in article 10 of the Treaty
of Utrecht of 13 July 1713, signed by the Crowns of Spain and Great Britain.
Syria
10-03-2005
[...] Ratification of this Protocol by the Syrian Arab Republic in no way implies recognition of Israel and will not result in Syria's entering into any relations with it whatsoever under the rules of this Protocol.