1 | Toepasselijkverklaring door het Verenigd Koninkrijk voor Gibraltar vanaf 08-05-2014. |
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2 | Toetreding door Albanië onder de volgende verklaring: 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.
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3 | Toetreding door België onder de volgende verklaring: [The instrument of accession by the Kingdom of Belgium was accompanied by a reservation, for its content please refer to the
reservation of Denmark below, mutatis mutandis.]
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4 | Toetreding door Denemarken onder de volgende verklaring: 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, - –
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, - –
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.
- 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.
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5 | Toetreding door de EU (Europese Unie) onder de volgende verklaring: 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)
- (b)
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, - –
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, - –
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.
- 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. |
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6 | Ratificatie door Finland onder de volgende verklaring: [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.]
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7 | Toetreding door Frankrijk onder de volgende verklaring: [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.]
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8 | Toetreding door Georgië onder de volgende verklaring: [The instrument of accession by Georgië was accompanied by a reservation, for its content please refer to the reservation
of the European Union above, mutatis mutandis.]
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9 | Ratificatie door Griekenland onder de volgende verklaring: [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.]
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10 | Toetreding door Ierland onder de volgende verklaring: [The instrument of accession by Ireland was accompanied by a reservation, for its content please refer to the reservation
of the European Union above, mutatis mutandis.]
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11 | Toetreding door Kroatië onder de volgende verklaring: [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.]
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12 | Toetreding door Letland onder de volgende verklaring: 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.
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13 | Toetreding door Litouwen onder de volgende verklaring: [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.]
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14 | Toetreding door Malta onder de volgende verklaring: [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.]
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15 | Toetreding door Malta onder de volgende verklaring: [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.]
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16 | Toetreding door het Koninkrijk der Nederlanden onder de volgende verklaring: 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; - –
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; - –
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.
- 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. |
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17 | Toetreding door Portugal onder de volgende verklaring: [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.]
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18 | Toetreding door San Marino onder de volgende verklaring: […] 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.
- 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. |
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19 | Toetreding door Slovenië onder de volgende verklaring: [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.]
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20 | Toetreding door Slowakije onder de volgende verklaring: [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.]
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21 | Ratificatie door Spanje onder de volgende verklaring: - 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.
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22 | Toetreding door Syrië onder de volgende verklaring: [...] 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.
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