Proposal for a Council Decision concerning the conclusion by the European Community of the Protocol of 2002 to the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974
Date: 2003-06-24
Institutions: European Commission
Subjects: European Union, International Maritime Organisation, accession to an agreement, carriage of passengers, carrier, jurisdiction, liability, maritime transport, protocol to an agreement, transport safety

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 24.06.2003
COM(2003) 375 final

2003/0132 (AVC)

Proposal for a

COUNCIL DECISION

concerning the conclusion by the European Community of the Protocol of 2002 to the
Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea,
1974

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. 

INTRODUCTION

The revision of the the  Athens Convention Relating to the Carriage of Passengers  and  their
Luggage  by  Sea,  1974  was  aimed  at  addressing  certain  significant  shortcomings  in  the
regulation  of  the  liability  of  carriers  of  passengers  by  sea  at  international  level.  This  work
culminated with the adoption of the  Protocol of 2002 to the Athens  Convention Relating  to
the  Carriage  of  Passengers  and  their  Luggage  by  Sea,  1974,  on  1  November  2002  (the
‘Athens Protocol’).

The Athens Protocol is of significance to the Community in two different ways. Firstly, parts
of  the  Protocol  belong  to  the  exclusive  competence  of  the  Community  and  therefore
necessitates the Community becoming a Contracting Party to it before Member States can do
so.  Secondly,  the  substance  of  the  Protocol,  the  adequate  compensation  of  passengers  on
board ships, is a key objective of the Community’s maritime safety policy.

2. 

EXCLUSIVE COMMUNITY COMPETENCE

Articles  10  and  11  of  the  Athens  Protocol  provide  for  rules  on  the  jurisdiction  and  the
recognition and enforcement of  judgments  given in  accordance with the  Protocol.  For  these
matters the Community has, through the adoption of Regulation 44/2001 on jurisdiction and
the  recognition  and  enforcement  of  judgments  in  civil  and  commercial  matters  on  22
December  2000,1  acquired  exclusive  competence.  The  Regulation  is  binding  upon  all  EU
Member States, with the exception of Denmark.2 Articles 10 and 11 of the Athens Protocol,
replacing or amending Articles 17 and 17bis of the Athens Convention, affect the provisions
of  Regulation  44/2001.  Consequently,  Member  States  cannot,  outside  the  framework  of  the
Community institutions, assume obligations with third countries relating to those articles.

On 8 October 2001, the Commission was mandated by the Council to negotiate certain parts
of the Athens Protocol on behalf of the Community. The mandate specifically focused on the
need for the new Protocol to include a possibility for the Community to become a Contracting
Party to it. Secondly, the Council expressed its wish to remove a proposed paragraph granting
jurisdiction to the court of the State of the claimant’s own domicile or permanent residence on
the  basis  of  the  defendant  providing  services  to  or  from  that  State  and  being  subject  to
jurisdiction  in  that  States  (the  so-called  ‘fifth’  jurisdiction),  which  was  deemed  to  be
inconsistent with the regime laid down in Regulation 44/2001. Thirdly, the Commission was
mandated  to  negotiate  that  there  should  be  a  possibility  for  a  continued  application  of  the
Community  rules  on  recognition  and  enforcement  of  judgments  as  between  EU  Member
States.

1

2

OJ, L 12, 16.1.2001, p. 1.
In accordance with the Protocol on the position of Denmark annexed to the Treaty on European Union
and to the Treaty establishing the European Community, Denmark did not take part in the adoption of
Council  Regulation  44/2001  and  is  not  bound  by  it  nor  subject  to  its  application.  The  1968  Brussels
Convention  on  Jurisdiction  and  the  Recognition  and  Enforcement  of  Judgments  in  Civil  and
Commercial Matters, as amended, remains in force in the relations between Denmark and the other EU
Member States. For a consolidated text of this Convention, see OJ C 27, 26.11.1998, p.1.

2

                                                
These negotiations took place in a number of meetings the of the IMO Legal Committee and
more  informal  information  meetings  organised  by  the  Commission  and  at  the  Diplomatic
Conference  itself.  The  final  Protocol  includes  in  Article  19  a  possibility  for  Regional
Economic  Integration  Organizations  to  become  Contracting  Parties,  which  is  the  first  time
this has been done in an IMO instrument. In addition, the Protocol does not contain the ‘fifth’
jurisdiction while it does allow the possibility for Parties to the Protocol to apply, as between
themselves, other rules for the recognition and enforcement of judgments, provided that their
effect is that judgments are recognised and enforced at least to the same extent as under the
rules  of  the  Protocol  (Article  11.3).  The  Commission  thus  succesfully  carried  out  the
negotiations mandated to it by the Council.

The Athens Protocol regulates matters of key importance to the Community.  It is a  ‘mixed’
agreement,  which  partly  contain  elements  which  belong  to  the  exclusive  competence  of  the
Community  and  partly  elements  falling  within  the  competence  of  Member  States.  In  such
situations  there  is  an  inter-dependency  between  the  conclusion  of  the  agreement  by  the
Community  and  its  Member  States.  In  particular,  Member  States  cannot  conclude  the
agreement  until  the  Community  has  done  so.  For  this  reason,  and  given  the  obvious
significance of not delaying the regulation of proper protection of passengers by sea, an early
conclusion of the Protocol by the Community is considered to be of highest priority.

3. 

LIABILITY OF CARRIERS CARRYING PASSENGERS BY SEA

Adequate protection  of  passengers  on board  ships  is  of  key  concern  to  the  Commission.  At
present, the liability for carriers of passengers by sea is not subject to fully harmonised rules,
neither  at  international  nor  European  level.  There  is  no  Community  legislation  in  this  field
and  the  protection  of  passengers  varies  between  Member  States,  depending  on  what
international conventions, and which amendments to them, have been ratified by the State in
which  the  claim  is  settled.  Consequently,  maximum  compensation  amounts  for  death  or
personal injury to a passenger show  great  variations  within EU Member States.  In  addition,
none of the applicable conventions or protocols stipulates a strict liability for the carrier or an
obligation for carriers to take out insurance to meet claims from passengers.

For  these  reasons,  the  Commission,  in  its  Communication  on  the  enhanced  safety  of
passenger ships in the Community (COM(2002)158 final of 25.3.2002), outlined its views on
certain  key  elements  which  should  form  part  of  a  workable  maritime  passenger  liability
regime  and  added  that  such  a  regime  needs  to  be  put  in  place  within  the  EU  within  a  near
future.  That  Communication  coincided  with  the  revision  on  the  international  rules  on  the
liability for carriers of passengers by sea at international level. The Communication outlined a
number  of  substantive  issues  (including  the  nature  and  extent  of  the  carrier’s  liability  and
minimum  requirements  on  insurance)  which,  in  the  view  of  the  Commission,  were
unsufficiently regulated in the previous version of the Athens Convention.

It was considered that if the new international regime satisfies – or at least does not prevent
the application of – all the key elements outlined by the Commission, it would preferable to
implement the  EU-regime  within  the  context  of  the  international  passenger  liability  regime.
The the Protocol of 2002 to the Athens Convention Relating to the Carriage of Passengers and
their  Luggage  by  Sea,  1974,  which  was  adopted  on  1  November  2002  satisfies  all
requirements set by the Commission.

It  is  therefore  proposed  that  the  Community  becomes  a  Contracting  Party  to  the  Athens
Protocol the earliest possible moment and that the Member States shall do likewise before the

3

end of 2005. This would represent a significant step forward for in the Community’s maritime
safety policy on passengers.

4. 

THE WAY AHEAD

In order to achieve a uniform and adequate passenger liability regime in the Community, the
conclusion by the Community of the Athens Protocol needs to be complemented in the near
future by a Regulation  incorporating  the provisions of  the Athens Protocol  into  Community
law. This would make the provisions of the Protocol fully enforceable under Community law
and would also correspond to the arrangements in the aviation sector, where the Community,
through  Regulation  2027/97/EC  on  air  carrier  liability  in  case  of  accidents,  has  already
established a comprehensive EU-wide passenger liability regime for air carriers.

As  a  second  step,  therefore,  and  no  later  than  in  2004,  the  Commission  will  propose  a
regulation  implementing  the  Athens  Protocol’s  provisions  relating  to  the  liability  for  death
and personal injury of passengers. Such a regulation will ensure a harmonised application and
enforcement of liability rules relating to death and personal injury of passengers by sea in the
Community.

4

2003/0132 (AVC)

Proposal for a

COUNCIL DECISION

concerning the conclusion by the European Community of the Protocol of 2002 to the
Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea,
1974

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
65  thereof  in  conjunction  with  Article  300(2),  first  sentence  of  the  first  subparagraph  and
Article 300(3), second subparagraph,

Having regard to the proposal from the Commission3,

Having regard to the assent of the European Parliament4,

Whereas:

(1) 

(2) 

(3) 

The Protocol of 2002 to the Athens Convention Relating to the Carriage of Passengers
and  their  Luggage  by  Sea,  1974,  (the  ‘Athens  Protocol’)  represents  a  major
improvement for the regime relating to the liability of carriers and the compensation of
passengers carried by sea. In particular, it provides for a strict liability for the carrier
and includes compulsory insurance with a right of direct action against insurers up to
specified  limits.  The  Protocol  is  therefore  in  accordance  with  the  Community’s
objective to improve legal regime relating to carriers’ liability;

The  Athens  Protocol  modifies  the  Athens  Convention  Relating  to  the  Carriage  of
Passengers and their Luggage by Sea, 1974, and establishes in Article 15 that the two
instruments  shall,  as  between  the  Parties  to  the  Athens  Protocol,  be  read  and
interpreted together as one single instrument;

Articles 10 and 11 of the Protocol regulate matters which affect Community rules as
laid down in Regulation 44/2001 on jurisdiction and the recognition and enforcement
of judgments in civil and commercial matters.5 Member States are therefore prevented
from  assuming  obligations  with  third  countries  relating  to  those  matters,  outside  the
Community institutions;

(4) 

Denmark,  in  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of
Denmark annexed to the Treaty on European Union and to the Treaty establishing the
European Community, is not participating in the adoption of this Decision.

3

4

5

OJ C […] of […], p.[…]
OJ C […] of […], p.[…].
OJ L 12 of 16.1.2001, p. 1. The Regulation is binding upon all EU Member States, with the exception
of Denmark.

5

                                                
(5) 

(6) 

(7) 

(8) 

The Protocol is open for signature by the Contracting Parties as from 1 May 2003 until
30 April 2004;

The  Athens  Protocol  is  open  to  signature,  ratification,  acceptance,  approval  or
accession  by  States  and  by  Regional  Economic  Integration  Organizations,  which  are
constituted by sovereign States that have transferred competence over certain matters
governed by the Protocol to those Organization;

According to Article 17(2)(a) of the Protocol, States may express their consent to be
bound by the Protocol by signature without reservation as to ratification, acceptance or
approval.  Ratification,  acceptance,  approval  or  accession  shall  be  effected  by  the
deposit of an instrument to that effect with the Secretary-General of the International
Maritime Organization;

Under the terms of Article 19 of the Athens Protocol, a Regional Economic Integration
Organization  must  declare  in  its  instrument  of  ratification,  acceptance,  approval  or
accession,  the  extent  of  its  competence  in  respect  of  the  matters  governed  by  the
Protocol.

(9) 

The Community, in consequence, can approve the Athens Protocol.

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol  of  2002  to  the  Athens  Convention  Relating  to  the  Carriage  of  Passengers  and
their  Luggage  by  Sea,  1974,  (the  ‘Athens  Protocol’)  is  hereby  approved  on  behalf  of  the
Community.

The text of the Protocol is reproduced in Annex 1 to this Decision.

Article 2

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  or  persons
empowered to sign the Protocol without reservation as to ratification, acceptance or approval,
in accordance with Articles 17(2)(a) and 19 of the Protocol.

At the time of signature, the Community shall make the declaration of competence set out in
Annex 2 to this Decision, according to the provisions of Article 19 of the Protocol.

Article 3

Member States shall take the necessary measures to become Contracting Parties to the Athens
Protocol  as  soon  as  possible,  and  shall  in  any  case  have  completed  this  procedure  by  31
December 2005.

Done at

For the Council
The President

6

ANNEX 1
PROTOCOL OF 2002 TO THE ATHENS CONVENTION RELATING TO
THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974

The States Parties to this Protocol,

CONSIDERING that it is desirable to revise the Athens Convention relating to the Carriage
of Passengers and their Luggage by Sea, done at Athens on 13 December 1974, to provide for
enhanced  compensation,  to  introduce  strict  liability,  to  establish  a  simplified  procedure  for
updating  the  limitation  amounts,  and  to  ensure  compulsory  insurance  for  the  benefit  of
passengers,

RECALLING  that  the  1976  Protocol  to  the  Convention  introduces  the  Special  Drawing
Right as the Unit of Account in place of the gold franc,

HAVING  NOTED that the 1990 Protocol  to  the  Convention,  which  provides  for  enhanced
compensation and a simplified procedure for updating the limitation amounts, has not entered
into force,

HAVE AGREED as follows:

For the purposes of this Protocol:

ARTICLE 1

1  "Convention"  means  the  text  of  the  Athens  Convention  relating  to  the  Carriage  of
Passengers and their Luggage by Sea, 1974.

2 "Organization" means the International Maritime Organization.

3 "Secretary-General" means the Secretary-General of the Organization.

ARTICLE 2

Article 1, paragraph 1 of the Convention is replaced by the following text:

1

(a)  "carrier"  means  a  person  by  or  on  behalf  of  whom  a  contract  of  carriage  has  been
concluded,  whether  the  carriage  is  actually  performed  by  that  person  or  by  a  performing
carrier;

(b) "performing carrier" means a person other than the carrier, being the owner, charterer or
operator of a ship, who actually performs the whole or a part of the carriage; and

(c) "carrier who actually performs the whole or a part of the carriage" means the performing
carrier, or, in so far as the carrier actually performs the carriage, the carrier.

ARTICLE 3

1 Article 1, paragraph 10 of the Convention is replaced by the following:

10 .Organization. means the International Maritime Organization.

7

2 The following text is added as Article 1, paragraph 11, of the Convention:

11 "Secretary-General" means the Secretary-General of the Organization.

Article 3 of the Convention is replaced by the following text:

ARTICLE 4

Article 3
Liability of the carrier

1 For the loss suffered as a result of the death of or personal injury to a passenger caused by a
shipping  incident,  the  carrier  shall  be  liable  to  the  extent  that  such  loss  in  respect  of  that
passenger  on  each  distinct  occasion  does  not  exceed  250,000  units  of  account,  unless  the
carrier proves that the incident:

(a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of
an exceptional, inevitable and irresistible character; or

(b) was wholly caused by an act or omission done with the intent to cause the incident by a
third party.

If  and  to  the  extent  that  the  loss  exceeds  the  above  limit,  the  carrier  shall  be  further  liable
unless the carrier proves that the incident which caused the loss occurred without the fault or
neglect of the carrier.

2 For the loss suffered as a result of the death of or personal injury to a passenger not caused
by a shipping incident, the carrier shall be liable if the incident which caused the loss was due
to the fault or neglect of the carrier. The burden of proving fault or neglect shall lie with the
claimant.

3 For the loss suffered as a result of the loss of or damage to cabin luggage, the carrier shall
be liable if the incident which caused the loss was due to the fault or  neglect of the carrier.
The fault or neglect of the carrier shall be presumed for loss caused by a shipping incident.

4  For  the  loss  suffered  as  a  result  of  the  loss  of  or  damage  to  luggage  other  than  cabin
luggage, the carrier shall be liable unless the carrier proves that the incident which caused the
loss occurred without the fault or neglect of the carrier.

5 For the purposes of this Article:

(a)  .shipping  incident.  means  shipwreck,  capsizing,  collision  or  stranding  of  the  ship,
explosion or fire in the ship, or defect in the ship;

(b) .fault or neglect of the carrier. includes the fault or neglect of the servants of the carrier,
acting within the scope of their employment;

(c)  .defect  in  the  ship.  means  any  malfunction,  failure  or  non-compliance  with  applicable
safety regulations in respect of any part of the ship or its equipment when used for the escape,
evacuation, embarkation and disembarkation of passengers; or when used for the propulsion,
steering,  safe  navigation,  mooring,  anchoring,  arriving  at  or  leaving  berth  or  anchorage,  or
damage control after flooding; or when used for the launching of life saving appliances; and

8

(d) .loss. shall not include punitive or exemplary damages.

6 The liability of the carrier under this Article only relates to loss arising from incidents that
occurred in the course of the carriage. The burden of proving that the incident which caused
the  loss  occurred  in  the  course  of  the  carriage,  and  the  extent  of  the  loss,  shall  lie  with  the
claimant.

7 Nothing in this Convention shall prejudice any right of recourse of the carrier against any
third  party,  or  the  defence  of  contributory  negligence  under  Article  6  of  this  Convention.
Nothing  in  this  Article  shall  prejudice  any  right  of  limitation  under  Articles  7  or  8  of  this
Convention.

8 Presumptions of fault or neglect of a party or the allocation of the burden of proof to a party
shall not prevent evidence in favour of that party from being considered.

The following text is added as Article 4bis of the Convention:

ARTICLE 5

Article 4bis
Compulsory insurance

1 When passengers are carried on board a ship registered in a State Party that is licensed to
carry  more  than  twelve  passengers,  and  this  Convention  applies,  any  carrier  who  actually
performs  the  whole  or  a  part  of  the  carriage  shall  maintain  insurance  or  other  financial
security,  such  as  the  guarantee  of  a  bank  or  similar  financial  institution,  to  cover  liability
under this Convention in respect of the death of and personal injury to passengers. The limit
of the compulsory insurance or other financial security shall not be less than 250,000 units of
account per passenger on each distinct occasion.

2 A certificate attesting that insurance or other financial security is in force in accordance with
the provisions of this Convention shall be issued to each ship after the appropriate authority of
a State Party has determined that the requirements of paragraph 1 have been complied with.
With respect to a ship registered in a State Party, such certificate shall be issued or certified
by  the  appropriate  authority  of  the  State  of  the  ship's  registry;  with  respect  to  a  ship  not
registered  in  a  State  Party  it  may  be  issued  or  certified  by  the  appropriate  authority  of  any
State  Party.  This  certificate  shall  be  in  the  form  of  the  model  set  out  in  the  annex  to  this
Convention and shall contain the following particulars:

(a) name of ship, distinctive number or letters and port of registry;

(b) name and principal place of business of the carrier who actually performs the whole or a
part of the carriage;

(c) IMO ship identification number;

(d) type and duration of security;

(e)  name  and  principal  place  of  business  of  insurer  or  other  person  providing  financial
security  and,  where  appropriate,  place  of  business  where  the  insurance  or  other  financial
security is established; and

9

(f) period of validity of the certificate, which shall not be longer than the period of validity of
the insurance or other financial security.

3 (a) A State Party may authorize an institution or an Organization recognised by it to issue
the  certificate.  Such  institution  or  organization  shall  inform  that  State  of  the  issue  of  each
certificate. In all cases, the State Party shall fully guarantee the completeness and accuracy of
the certificate so issued, and shall undertake to ensure the necessary arrangements to satisfy
this obligation.

(b) A State Party shall notify the Secretary-General of:

(i)  the  specific  responsibilities  and  conditions  of  the  authority  delegated  to  an  institution  or
organization recognised by it;

(ii) the withdrawal of such authority; and

(iii) the date from which such authority or withdrawal of such authority takes effect.

An authority delegated shall not take effect prior to three months from the  date  from  which
notification to that effect was given to the Secretary-General.

(c)  The  institution  or  organization  authorized  to  issue  certificates  in  accordance  with  this
paragraph shall, as a minimum, be authorized to withdraw these certificates if the conditions
under  which  they  have  been  issued  are  not  complied  with.  In  all  cases  the  institution  or
organization  shall  report  such  withdrawal  to  the  State  on  whose  behalf  the  certificate  was
issued.

4  The  certificate  shall  be  in  the  official  language  or  languages  of  the  issuing  State.  If  the
language used is not English, French or Spanish, the text shall include a translation into one of
these  languages,  and,  where  the  State  so  decides,  the  official  language  of  the  State  may  be
omitted.

5  The  certificate  shall  be  carried  on  board  the  ship,  and  a  copy  shall  be  deposited  with  the
authorities who keep the record of the ship's registry or, if the ship is not registered in a State
Party, with the authority of the State issuing or certifying the certificate.

6 An insurance or other financial security shall not satisfy the requirements of this Article if it
can  cease,  for  reasons  other  than  the  expiry  of  the  period  of  validity  of  the  insurance  or
security specified in the certificate, before three months have elapsed from the date on which
notice  of  its  termination  is  given  to  the  authorities  referred  to  in  paragraph  5,  unless  the
certificate has been surrendered to these authorities or a new certificate has been issued within
the  said  period.  The  foregoing  provisions  shall  similarly  apply  to  any  modification  which
results in the insurance or other financial security no longer satisfying the requirements of this
Article.

7 The State of the ship's registry shall, subject to the provisions of this Article, determine the
conditions of issue and validity of the certificate.

8 Nothing in this Convention shall be construed as preventing a State Party from relying on
international
information  obtained  from  other  States  or  the  Organization  or  other 
organizations  relating  to  the  financial  standing  of  providers  of  insurance  or  other  financial
security  for  the  purposes  of  this  Convention.  In  such  cases,  the  State  Party  relying  on  such
information is not relieved of its responsibility as a State issuing the certificate.

10

9 Certificates issued or certified under the authority of a State Party shall be accepted by other
States Parties for the purposes of this Convention and shall be regarded by other States Parties
as having the same force as certificates issued or certified by them, even if issued or certified
in  respect  of  a  ship  not  registered  in  a  State  Party.  A  State  Party  may  at  any  time  request
consultation with the issuing or certifying State should it believe that the insurer or guarantor
named  in  the  insurance  certificate  is  not  financially  capable  of  meeting  the  obligations
imposed by this Convention.

10 Any claim for compensation covered by insurance or other financial security pursuant to
this  Article  may  be  brought  directly  against  the  insurer  or  other  person  providing  financial
security. In such case, the amount set out in paragraph 1 applies as the limit of liability of the
insurer  or  other  person  providing  financial  security,  even  if  the  carrier  or  the  performing
carrier is not entitled to limitation of liability. The defendant may further invoke the defences
(other than the bankruptcy or winding up) which the carrier referred to in paragraph 1 would
have been entitled to invoke in accordance with this Convention. Furthermore, the defendant
may invoke the defence that the damage resulted from the wilful misconduct of the assured,
but  the  defendant  shall  not  invoke  any  other  defence  which  the  defendant  might  have  been
entitled to invoke in proceedings brought by the assured against the defendant. The defendant
shall in any event have the right to require the carrier and the performing carrier to be joined
in the proceedings.

11 Any sums provided by insurance or by other  financial security maintained in accordance
with  paragraph  1  shall  be  available  exclusively  for  the  satisfaction  of  claims  under  this
Convention, and any payments made of such sums shall discharge any liability arising under
this Convention to the extent of the amounts paid.

12 A State Party shall not permit a ship under its flag to which this Article applies to operate
at any time unless a certificate has been issued under paragraphs 2 or 15.

13 Subject to the provisions of this  Article, each  State Party  shall ensure, under its  national
law,  that  insurance  or  other  financial  security,  to  the  extent  specified  in  paragraph  1,  is  in
force in respect of any ship that is licensed to carry more than  twelve  passengers, wherever
registered, entering or leaving a port in its territory in so far as this Convention applies.

14  Notwithstanding  the  provisions  of  paragraph  5,  a  State  Party  may  notify  the  Secretary-
General that, for the purposes of paragraph 13, ships are not required to carry on board or to
produce the certificate required by paragraph 2 when entering or leaving ports in its territory,
provided  that  the  State  Party  which  issues  the  certificate  has  notified  the  Secretary-General
that it maintains records in an electronic format, accessible to all States Parties, attesting the
existence  of  the  certificate  and  enabling  States  Parties  to  discharge  their  obligations  under
paragraph 13.

15 If insurance or other financial security is not maintained in respect of a ship owned by a
State Party, the provisions of this Article relating thereto shall not be applicable to such ship,
but the ship  shall carry  a certificate issued by  the  appropriate authorities  of  the  State  of  the
ship's  registry,  stating  that  the  ship  is  owned  by  that  State  and  that  the  liability  is  covered
within the amount prescribed in accordance with paragraph 1. Such a certificate shall follow
as closely as possible the model prescribed by paragraph 2.

Article 7 of the Convention is replaced by the following text:

ARTICLE 6

11

Article 7
Limit of liability for death and personal injury

1 The liability of the carrier for the death of or personal injury to a passenger under Article 3
shall  in  no  case  exceed  400,000  units  of  account  per  passenger  on  each  distinct  occasion.
Where, in accordance with the law of the court seized of the case, damages are awarded in the
form of periodical income payments, the equivalent capital value of those payments shall not
exceed the said limit.

2  A  State  Party  may  regulate  by  specific  provisions  of  national  law  the  limit  of  liability
prescribed in paragraph 1, provided that the national limit of liability, if any, is not lower than
that prescribed in paragraph 1. A State Party, which makes use of the option provided for in
this  paragraph,  shall  inform  the  Secretary-General  of  the  limit  of  liability  adopted  or  of  the
fact that there is none.

Article 8 of the Convention is replaced by the following text:

ARTICLE 7

Article 8
Limit of liability for loss of or damage to luggage and vehicles

1 The liability of the carrier for the loss of or damage to cabin luggage shall in no case exceed
2,250 units of account per passenger, per carriage.

2 The liability of the carrier for the loss of or damage to vehicles including all luggage carried
in or on the vehicle shall in no case exceed 12,700 units of account per vehicle, per carriage.

3 The liability of the carrier for the loss of or damage to luggage other than that mentioned in
paragraphs 1 and 2 shall in no case exceed 3,375 units of account per passenger, per carriage.

4 The carrier and the passenger may agree that the liability of the carrier shall be subject to a
deductible  not  exceeding  330  units  of  account  in  the  case  of  damage  to  a  vehicle  and  not
exceeding  149  units  of  account  per  passenger  in  the  case  of  loss  of  or  damage  to  other
luggage, such sum to be deducted from the loss or damage.

Article 9 of the Convention is replaced by the following text:

ARTICLE 8

Article 9
Unit of Account and conversion

1 The Unit of Account mentioned in this Convention is the Special Drawing Right as defined
by the International Monetary Fund. The amounts mentioned in Article 3, paragraph 1, Article
4bis,  paragraph  1,  Article  7,  paragraph  l,  and  Article  8  shall  be  converted  into  the  national
currency of the State of the court seized of the case on the basis of the value of that currency
by reference to the Special Drawing Right on the date of the judgment or the date agreed upon
by the parties. The value of the national currency, in terms of the Special Drawing Right, of a
State  Party  which  is  a  member  of  the  International  Monetary  Fund,  shall  be  calculated  in
accordance with the method of valuation applied by the International Monetary Fund in effect
on the date in question for its operations and transactions. The value of the national currency,

12

in  terms  of  the  Special  Drawing  Right,  of  a  State  Party  which  is  not  a  member  of  the
International Monetary Fund, shall be calculated in a manner determined by that State Party.

2 Nevertheless, a State which is not a member of the International Monetary Fund and whose
law  does  not  permit  the  application  of  the  provisions  of  paragraph  1  may,  at  the  time  of
ratification, acceptance, approval of or accession to this Convention or at any time thereafter,
declare that the Unit of Account referred to in paragraph 1 shall be equal to 15 gold francs.
The gold franc referred to in this paragraph corresponds to sixty-five and a half milligrams of
gold of millesimal fineness nine hundred. The conversion of the gold franc into the national
currency shall be made according to the law of the State concerned.

3  The  calculation  mentioned  in  the  last  sentence  of  paragraph  1,  and  the  conversion
mentioned  in  paragraph  2  shall  be  made  in  such  a  manner  as  to  express  in  the  national
currency of the States Parties, as far as possible, the same real value for the amounts in Article
3, paragraph 1, Article 4bis, paragraph 1, Article 7, paragraph 1, and Article 8 as would result
from the application of the first three sentences of paragraph 1. States shall communicate to
the Secretary-General the manner of calculation pursuant to paragraph 1, or the result of the
conversion in paragraph 2, as the case may be, when depositing an instrument of ratification,
acceptance,  approval  of  or  accession  to  this  Convention  and  whenever  there  is  a  change  in
either.

ARTICLE 9

Article 16, paragraph 3, of the Convention is replaced by the following text:

3  The  law  of  the  Court  seized  of  the  case  shall  govern  the  grounds  for  suspension  and
interruption  of  limitation  periods,  but  in  no  case  shall  an  action  under  this  Convention  be
brought after the expiration of any one of the following periods of time:

(a) A period of five years beginning with the date of disembarkation of the passenger or from
the date when disembarkation should have taken place, whichever is later; or, if earlier

(b)  a  period  of  three  years  beginning  with  the  date  when  the  claimant  knew  or  ought
reasonably to have known of the injury, loss or damage caused by the incident.

Article 17 of the Convention is replaced by the following text:

ARTICLE 10

Article 17
Competent jurisdiction

1  An  action  arising  under  Articles  3  and  4  of  this  Convention  shall,  at  the  option  of  the
claimant, be brought before one of the courts listed below, provided that the court is located in
a  State  Party  to  this  Convention,  and  subject  to  the  domestic  law  of  each  State  Party
governing proper venue within those States with multiple possible forums:

(a)  the  court  of  the  State  of  permanent  residence  or  principal  place  of  business  of  the
defendant, or

(b) the court of  the  State  of departure or that of the destination according to the  contract of
carriage, or

13

(c)  the  court  of  the  State  of  the  domicile  or  permanent  residence  of  the  claimant,  if  the
defendant has a place of business and is subject to jurisdiction in that State, or

(d) the court of the State where the contract of carriage was made, if the defendant has a place
of business and is subject to jurisdiction in that State.

2 Actions under Article 4bis of this Convention shall, at the option of the claimant, be brought
before  one  of  the  courts  where  action  could  be  brought  against  the  carrier  or  performing
carrier according to paragraph 1.

3  After  the  occurrence  of  the  incident  which  has  caused  the  damage,  the  parties  may  agree
that the claim for damages shall be submitted to any jurisdiction or to arbitration.

The following text is added as Article 17bis of the Convention:

ARTICLE 11

Article 17bis
Recognition and enforcement

1  Any  judgment  given  by  a  court  with  jurisdiction  in  accordance  with  Article  17  which  is
enforceable in the State of  origin where it  is  no longer subject to ordinary  forms of  review,
shall be recognised in any State Party, except

(a) where the judgment was obtained by fraud; or

(b) where the defendant was not given reasonable notice and a fair opportunity to present the
case.

2 A judgment recognised under paragraph 1 shall be enforceable in each State Party as soon
as  the  formalities  required  in  that  State  have  been  complied  with.  The  formalities  shall  not
permit the merits of the case to be re-opened.

3 A State Party to this Protocol may apply other rules for the recognition and enforcement of
judgments, provided that their effect is to ensure that judgments are recognised and enforced
at least to the same extent as under paragraphs 1 and 2.

Article 18 of the Convention is replaced by the following text:

ARTICLE 12

Article 18
Invalidity of contractual provisions

Any contractual provision concluded before the occurrence of the incident which has caused
the  death  of  or  personal  injury  to  a  passenger  or  the  loss  of  or  damage  to  the  passenger.s
luggage, purporting to relieve any person liable under this Convention of liability towards the
passenger or to prescribe a lower limit of liability than that fixed in this Convention except as
provided in Article 8, paragraph 4, and any such provision purporting to shift the burden of
proof which rests on the carrier or performing carrier, or having the  effect of restricting the
options specified in Article 17, paragraphs 1 or 2, shall be null and void, but the nullity of that
provision  shall  not  render  void  the  contract  of  carriage  which  shall  remain  subject  to  the
provisions of this Convention.

14

Article 20 of the Convention is replaced by the following text:

ARTICLE 13

Article 20
Nuclear damage

No liability shall arise under this Convention for damage caused by a nuclear incident:

(a)  if  the  operator  of  a  nuclear  installation  is  liable  for  such  damage  under  either  the  Paris
Convention  of  29  July  1960  on  Third  Party  Liability  in  the  Field  of  Nuclear  Energy  as
amended by its Additional Protocol of 28 January 1964, or the Vienna Convention of 21 May
1963 on Civil Liability for Nuclear Damage, or any amendment or Protocol thereto which is
in force; or

(b) if the operator of a nuclear installation is liable for such damage by virtue of a national law
governing the liability for such damage, provided that such law is in all respects as favourable
to  persons  who  may  suffer  damage  as  either  the  Paris  or  the  Vienna  Conventions  or  any
amendment or Protocol thereto which is in force.

ARTICLE 14
Model certificate

1 The model certificate set out in the annex to this Protocol shall be incorporated as an annex
to the Convention.

2 The following text is added as Article 1bis of the Convention:

Article 1bis
Annex

The annex to this Convention shall constitute an integral part of the Convention.

ARTICLE 15
Interpretation and application

1 The Convention and this Protocol shall, as between the Parties to this Protocol, be read and
interpreted together as one single instrument.

2  The  Convention  as  revised  by  this  Protocol  shall  apply  only  to  claims  arising  out  of
occurrences which take place after the entry into force for each State of this Protocol.

3 Articles 1 to 22 of the Convention, as revised by this Protocol, together with Articles 17 to
25 of this Protocol and the annex thereto, shall constitute and be called the Athens Convention
relating to the Carriage of Passengers and their Luggage by Sea, 2002.

The following text is added as Article 22bis of the Convention.

ARTICLE 16

15

Article 22bis
Final clauses of the Convention

The final clauses of this Convention shall be Articles 17 to 25 of the Protocol of 2002 to the
Athens  Convention  relating  to  the  Carriage  of  Passengers  and  their  Luggage  by  Sea,  1974.
References  in  this  Convention  to  States  Parties  shall  be  taken  to  mean  references  to  States
Parties to that Protocol.

FINAL CLAUSES

ARTICLE 17

Signature, ratification, acceptance, approval and accession

1  This  Protocol  shall  be  open  for  signature  at  the  Headquarters  of  the  Organization  from  1
May 2003 until 30 April 2004 and shall thereafter remain open for accession.

2 States may express their consent to be bound by this Protocol by:

(a) signature without reservation as to ratification, acceptance or approval; or

(b)  signature  subject  to  ratification,  acceptance  or  approval  followed  by  ratification,
acceptance or approval; or

(c) accession.

3  Ratification,  acceptance,  approval  or  accession  shall  be  effected  by  the  deposit  of  an
instrument to that effect with the Secretary-General.

4 Any instrument of ratification, acceptance, approval or accession deposited after the entry
into force of an amendment to this Protocol with respect to all existing States Parties, or after
the completion of all measures required for the entry into force of the amendment with respect
to  those  States  Parties  shall  be  deemed  to  apply  to  this  Protocol  as  modified  by  the
amendment.

5 A State shall not express its consent to be bound by this Protocol unless, if Party thereto, it
denounces:

(a) the Athens Convention relating to the Carriage of Passengers and their Luggage  by Sea,
done at Athens on 13 December 1974;

(b)  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

(c)  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, with effect from the
time that this Protocol will enter into force for that State in accordance with Article 20.

ARTICLE 18
States with more than one system of law

1 If a State has two or more territorial units in which different systems of law are applicable in
relation  to  matters  dealt  with  in  this  Protocol,  it  may  at  the  time  of  signature,  ratification,

16

acceptance,  approval  or  accession  declare  that  this  Protocol  shall  extend  to  all  its  territorial
units or only to one or more of them, and may modify this declaration by submitting another
declaration at any time.

2 Any such declaration shall be notified to the Secretary-General and shall state expressly the
territorial units to which this Protocol applies.

3 In relation to a State Party which has made such a declaration:

(a)  references  to  the  State  of  a  ship's  registry  and,  in  relation  to  a  compulsory  insurance
certificate, to  the  issuing  or  certifying  State,  shall be  construed  as  referring  to  the  territorial
unit respectively in which the ship is registered and which issues or certifies the certificate;

(b)  references  to  the  requirements  of  national  law,  national  limit  of  liability  and  national
currency shall be construed respectively as references to the requirements of the law, the limit
of liability and the currency of the relevant territorial unit; and

(c) references to courts, and to judgments which must be recognised in States Parties, shall be
construed as references respectively to courts of, and to judgments which must be recognised
in, the relevant territorial unit.

ARTICLE 19
Regional Economic Integration Organizations

1  A  Regional  Economic  Integration  Organization,  which  is  constituted  by  sovereign  States
that  have  transferred  competence  over  certain  matters  governed  by  this  Protocol  to  that
Organization,  may  sign,  ratify,  accept,  approve  or  accede  to  this  Protocol.  A  Regional
Economic Integration Organization which is a Party to this Protocol shall have the rights and
obligations of a State Party, to the extent that the Regional Economic Integration Organization
has competence over matters governed by this Protocol.

2 Where a Regional Economic Integration Organization exercises its right of vote in matters
over  which  it  has  competence,  it  shall  have  a  number  of  votes  equal  to  the  number  of  its
Member States which are Parties to this Protocol and which have transferred competence to it
over the matter in question. A Regional Economic Integration Organization shall not exercise
its right to vote if its Member States exercise theirs, and vice versa.

3 Where the number of States Parties is relevant in this Protocol, including but not limited to
Articles 20 and 23 of this Protocol, the Regional Economic Integration Organization shall not
count as a State Party in addition to its Member States which are States Parties.

4  At  the  time  of  signature,  ratification,  acceptance,  approval  or  accession  the  Regional
Economic  Integration  Organization  shall  make  a  declaration  to  the  Secretary-General
specifying  the  matters  governed  by  this  Protocol  in  respect  of  which  competence  has  been
transferred to that Organization by its Member States which are signatories or Parties to this
Protocol and any other relevant restrictions as to the scope of that competence. The Regional
Economic  Integration  Organization  shall  promptly  notify  the  Secretary-General  of  any
changes to the distribution of competence, including new transfers of competence, specified
in the declaration under this paragraph. Any such declarations shall be made available by the
Secretary-General pursuant to Article 24 of this Protocol.

5 States Parties which are Member States of a Regional Economic  Integration  Organization
which  is  a  Party  to  this  Protocol  shall  be  presumed  to  have  competence  over  all  matters

17

governed  by  this  Protocol  in  respect  of  which  transfers  of  competence  to  the  Organization
have not been specifically declared or notified under paragraph 4.

ARTICLE 20
Entry into force

1  This  Protocol  shall  enter  into  force  twelve  months  following  the  date  on  which  10  States
have  either  signed  it  without  reservation  as  to  ratification,  acceptance  or  approval  or  have
deposited  instruments  of  ratification,  acceptance,  approval  or  accession  with  the  Secretary-
General.

2  For  any  State  which  ratifies,  accepts,  approves  or  accedes  to  this  Protocol  after  the
conditions  in  paragraph  1  for  entry  into  force  have  been  met,  this  Protocol  shall  enter  into
force three months after the date of deposit by such State of the appropriate instrument,  but
not before this Protocol has entered into force in agreement with paragraph 1.

ARTICLE 21
Denunciation

1 This Protocol may be denounced by any State Party at any time after the date on which this
Protocol comes into force for that State.

2  Denunciation  shall  be  effected  by  the  deposit  of  an  instrument  to  that  effect  with  the
Secretary-General.

3 A denunciation shall take effect twelve months, or such longer period as may be specified in
the instrument of denunciation, after its deposit with the Secretary-General.

4  As  between  the  States  Parties  to  this  Protocol,  denunciation  by  any  of  them  of  the
Convention  in  accordance  with  Article  25  thereof  shall  not  be  construed  in  any  way  as  a
denunciation of the Convention as revised by this Protocol.

ARTICLE 22
Revision and Amendment

1 A Conference for the purpose of revising or amending this Protocol may be convened by the
Organization.

2 The Organization shall convene a Conference of States Parties to this Protocol for revising
or amending this Protocol at the request of not less than one-third of the States Parties.

ARTICLE 23
Amendment of limits

1 Without prejudice to the provisions of Article 22, the special procedure in this Article shall
apply solely for the purposes of amending the limits set out in Article 3, paragraph 1, Article
4bis, paragraph 1, Article 7, paragraph 1 and  Article 8 of the Convention as revised by this
Protocol.

2 Upon the request of at least one half, but in no case less than six, of the States Parties to this
Protocol, any proposal to amend the limits, including the deductibles, specified in Article 3,
paragraph 1, Article 4bis, paragraph 1, Article 7, paragraph 1, and Article 8 of the Convention

18

as revised by this Protocol shall be circulated by the Secretary-General to all Members of the
Organization and to all States Parties.

3  Any  amendment  proposed  and  circulated  as  above  shall  be  submitted  to  the  Legal
Committee  of  the  Organization  (hereinafter  referred  to  as  "the  Legal  Committee")  for
consideration at a date at least six months after the date of its circulation.

4 All States Parties to the Convention as revised by this Protocol, whether or not Members of
the Organization, shall  be  entitled  to  participate  in  the  proceedings  of  the  Legal  Committee
for the consideration and adoption of amendments.

5  Amendments  shall  be  adopted  by  a  two-thirds  majority  of  the  States  Parties  to  the
Convention as revised by this Protocol present and voting in the Legal Committee expanded
as provided for in paragraph 4, on condition that at least one half of the States Parties to the
Convention as revised by this Protocol shall be present at the time of voting.

6 When acting on a proposal to amend the limits, the Legal Committee shall take into account
the  experience  of  incidents  and,  in  particular,  the  amount  of  damage  resulting  therefrom,
changes  in  the  monetary  values  and  the  effect  of  the  proposed  amendment  on  the  cost  of
insurance.

7 (a) No  amendment of the  limits  under  this  Article may be considered less than five  years
from the date on which this Protocol was opened for signature nor less than five years from
the date of entry into force of a previous amendment under this Article.

(b) No limit may be increased so as to exceed an amount which corresponds to the limit laid
down  in  the  Convention  as  revised  by  this  Protocol  increased  by  six  per  cent  per  year
calculated  on  a  compound  basis  from  the  date  on  which  this  Protocol  was  opened  for
signature.

(c) No limit may be increased so as to exceed an amount which corresponds to the limit laid
down in the Convention as revised by this Protocol multiplied by three.

8  Any  amendment  adopted  in  accordance  with  paragraph  5  shall  be  notified  by  the
Organization to all States Parties. The amendment shall be deemed to have been accepted at
the end of a period of eighteen months after the date of notification, unless within that period
not less than one fourth of the States that were States Parties at the time of the adoption of the
amendment  have  communicated  to  the  Secretary-General  that  they  do  not  accept  the
amendment, in which case the amendment is rejected and shall have no effect.

9 An amendment deemed to have been accepted in accordance  with paragraph 8 shall enter
into force eighteen months after its acceptance.

10 All States Parties shall be bound by the amendment, unless they denounce this Protocol in
accordance  with  Article  21,  paragraphs  1  and  2  at  least  six  months  before  the  amendment
enters into force. Such denunciation shall take effect when the amendment enters into force.

11 When an amendment has been adopted but the eighteen-month  period  for  its  acceptance
has not yet expired, a State which becomes a State Party during that period shall be bound by
the amendment if it enters into force. A State which becomes a State Party after that period
shall be bound by an amendment which has been accepted in accordance with paragraph 8. In
the cases referred to  in  this  paragraph,  a  State  becomes  bound  by  an  amendment  when  that
amendment enters into force, or when this Protocol enters into force for that State, if later.

19

ARTICLE 24
Depositary

1  This  Protocol  and  any  amendments  adopted  under  Article  23  shall  be  deposited  with  the
Secretary-General.

2 The Secretary-General shall:

(a) inform all States which have signed or acceded to this Protocol of:

(i)  each  new  signature  or  deposit  of  an  instrument  of  ratification,  acceptance,  approval  or
accession together with the date thereof;

(ii)  each  declaration  and  communication  under  Article  9,  paragraphs  2  and  3,  Article  18,
paragraph 1 and Article 19, paragraph 4 of the Convention as revised by this Protocol;

(iii) the date of entry into force of this Protocol;

(iv)  any  proposal  to  amend  the  limits  which  has  been  made  in  accordance  with  Article  23,
paragraph 2 of this Protocol;

(v) any amendment which has been adopted in accordance with Article 23, paragraph 5 of this
Protocol;

(vi)  any  amendment  deemed  to  have  been  accepted  under  Article  23,  paragraph  8  of  this
Protocol, together with the date on which that amendment shall enter into force in accordance
with paragraphs 8 and 9 of that Article;

(vii) the deposit of any instrument of denunciation of this Protocol together with the date of
the deposit and the date on which it takes effect;

(viii) any communication called for by any Article of this Protocol;

(b) transmit certified true copies of this protocol to all States which have signed or acceded to
this Protocol.

3  As  soon  as  this  Protocol  comes  into  force,  the  text  shall  be  transmitted  by  the  Secretary-
General to the Secretariat of the United Nations for registration and publication in accordance
with Article 102 of the Charter of the United Nations.

ARTICLE 25
Languages

This  Protocol  is  established  in  a  single  original  in  the  Arabic,  Chinese,  English,  French,
Russian and Spanish languages, each text being equally authentic.

DONE AT LONDON this first day of November two thousand and two.

IN  WITNESS  WHEREOF  the  undersigned,  being  duly  authorised  by  their  respective
Governments for that purpose, have signed this Protocol.

20

ANNEX

CERTIFICATE  OF  INSURANCE  OR  OTHER  FINANCIAL  SECURITY  IN
RESPECT  OF  LIABILITY  FOR  THE  DEATH  OF  AND  PERSONAL  INJURY  TO
PASSENGERS

Issued in accordance with the provisions of Article 4bis of the Athens Convention relating to
the Carriage of Passengers and their Luggage by Sea, 2002,

Name of Ship …………………………………………………………………………

Distinctive number or letters …………………………………………………………

IMO Ship Identification Number …………………………………………………….

Port of Registry ………………………………………………………………………

Name and full address of the principal place of business of the carrier who actually performs
the carriage. …………………………………………………………………………..

This is to certify that there is in force in respect of the above-named ship a policy of insurance
or  other  financial  security  satisfying  the  requirements  of  Article  4bis  of  the  Athens
Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002.

Type of security........................................................................................................................

Duration of Security ................................................................................................................

Name and address of the insurer(s) and/or guarantor(s)

Name ........................................................................................................................................

Address ....................................................................................................................................

This certificate is valid until ................................................................................................

Issued or certified by the Government of .............................................................................

..............................................................................................................................................

(Full designation of the State)

OR

The following text should be used when a State Party avails itself of Article 4bis, paragraph 3:

The  present  certificate 
............................................. 
(full 
......................................................... (name of institution or organisation)

the  authority  of 

issued  under 

designation 

of 

is 

the  Government  of
by
State) 
the 

At ................................... On ......................................

(Place) (Date)

21

........................................................................................

(Signature and Title of issuing or certifying official)

Explanatory Notes:

1  If  desired,  the  designation  of  the  State  may  include  a  reference  to  the  competent  public
authority of the country where the Certificate is issued.

2 If the total amount of security has been furnished by more than one source, the amount of
each of them should be indicated.

3 If security is furnished in several forms, these should be enumerated.

4 The entry "Duration of Security" must stipulate the date on which such security takes effect.

5 The entry "Address" of the insurer(s) and/or guarantor(s) must indicate the principal place
of business of  the insurer(s) and/or  guarantor(s).  If  appropriate,  the  place  of  business where
the insurance or other security is established shall be indicated.

22

ANNEX 2
DECLARATION BY THE EUROPEAN COMMUNITY IN ACCORDANCE WITH
ARTICLE 19 OF THE PROTOCOL OF 2002 TO THE ATHENS CONVENTION
RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY
SEA, 1974

"The  European  Community  declares  that,  in  accordance  with  the  Treaty  establishing  the
European  Community,  and  in  particular  Articles  65  and  300  thereof,  it  is  competent  for
entering  into  international  agreements,  and  for  implementing  the  obligations  resulting
therefrom, which contribute to the pursuit of the following objectives:

-- the recognition and enforcement of judgments;

-- the competent jurisdiction;

Moreover, the European Community declares that it has already adopted legal instruments,
binding on its Member States, covering matters governed by this Convention. The Community
will  submit  and  update  as  appropriate  a  list  of  those  legal  instruments  to  the  Secretary-
General  of  the  International  Maritime  Organization  in  accordance  with  Article  19  of  the
Protocol. At present, the only such instrument is Regulation (EC) No. 44/2001 on Jurisdiction
and the Recognition and Enforcement of Judgments in Civil and Commercial Matters,6 which
is binding upon all EU Member States with the exception of Denmark.

The  European  Community  is  responsible  for  the  performance  of  those  obligations  resulting
from the Convention which are covered by Community law in force”.

6

Official Journal of the European Communities, L 12, 16.1.2001, p. 1.

23