Amended proposal for a Council Decision on the conclusion by the European Community of the Convention on International Interests in Mobile Equipment and its Protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001
Date: 2008-08-11
Institutions: European Commission
Subjects: aeronautical industry, air transport, aircraft, international agreement, international convention, vehicle parts

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.8.2008 
COM(2008) 508 final 

2008/0162 (CNS) 

Amended proposal for a 

COUNCIL DECISION 

on the conclusion by the European Community of the Convention on International 
Interests in Mobile Equipment and its Protocol on matters specific to aircraft 
equipment, adopted jointly in Cape Town on 16 November 2001  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

PURPOSE OF THE PRESENT PROPOSAL 

The  Commission  is  proposing  that  the  Community  should  conclude  the  Convention  on 
International  Interests  in  Mobile  Equipment  ("the  Cape  Town  Convention"  or  "the 
Convention")  and  its  Protocol  on  matters  specific  to  aircraft  equipment  ("the  Aircraft 
Protocol")  adopted,  at  a  Diplomatic  Conference  held  in  Cape  Town  from  29  October  to 
16 November  2001,  under  the  combined  auspices  of  the  International  Institute  for  the 
Unification  of  Private  Law  (UNIDROIT)  and  the  International  Civil  Aviation  Organisation 
(ICAO). 

The  Cap  Town  Convention  and  Aircraft  Protocol  adopted  in  2001  are  mixed  agreements 
falling  partly  under  exclusive  Community  competence.  In  2002,  the  Commission  presented 
two  proposals  for  the  signing  and  the  conclusion  by  the  Community  of  these  instruments. 
These proposals contained declarations to be made by the Community on the application of 
specific provisions of both instruments which affect Community law. Following discussions 
in the Civil Law Committee, the file was sent to COREPER in October 2003, but it did not 
reach adoption because of a dispute between ES and UK relating to the Gibraltar authorities in 
the context of mixed agreements. This dispute has been solved in December 2007. However 
the  context  has  substantially  changed  since  December  2003  as  a  number  of  new  Member 
States joined the Community and the Convention and Protocol are no more open to signature. 
Therefore an amended proposal was necessary. 

Against  this  background,  this  issue  was  raised  at  the  meeting  of  3March  2008  of  the  Civil 
Law Committee where the Commission committed itself to prepare an amended proposal for 
the  conclusion  of  these  international  instruments.  The  amended  proposal  would  merge  the 
draft Community declarations for the signature and conclusion into a proposal for one Council 
Decision on the conclusion. 

This  proposal  replaces  and  updates  the  following  proposals  that  were  presented  by  the 
Commission in 2002: 

–  Proposal  for  a  Council  Decision  on  the  signing  by  the  European  Community  of  the 
Convention  on  International  Interests  in  Mobile  Equipment  and  its  Protocol  on  matters 
specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001, 

–  Proposal  for  a  Council  Decision  on  the  conclusion  by  the  European  Community  of  the 
Convention  on  International  Interests  in  Mobile  Equipment  and  its  Protocol  on  matters 
specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001.1 

2. 

COMMUNITY POWERS 

Since the Community has jurisdiction over certain matters governed by the Convention and its 
Aircraft Protocol and affecting Council Regulations (EC) No 44/2001 of 22 December 2000 
on  jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil  and  commercial 

1 

SEC(2002) 1308 final/2, 03.03.2003. 

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matters2  and  (EC)  No  1346/2000  of  29  May  2000  on  insolvency  proceedings,3  the  Member 
States cannot ratify these instruments independently. 

On  29  October  2001,  the  Council  authorised  the  Commission  to  negotiate  on  behalf  of  the 
Community, at the Diplomatic Conference in Cape Town, provisions of the Convention and 
Aircraft  Protocol  which  fell  within  the  exclusive  powers  of  the  Community  and  affected  its 
two Regulations. Four Member States have signed the Convention and its Aircraft Protocol. 
Since the entry into force of the Cape Town Convention on 1 April 2004 and of its Aircraft 
Protocol on 1 March 2006, the Community cannot sign these international instruments and the 
2003 proposal for the signing has become obsolete. However, the Community shall accede to 
the Convention and Aircraft Protocol by making the relevant declarations. 

the  Convention  and 

its  Aircraft  Protocol,  "Regional  Economic  Integration 
Under 
Organisations" may become party to these instruments (Articles 48 and XXVII respectively). 
For  the  purposes  of  the  Convention  and  its  Aircraft  Protocol,  a  "Regional  Economic 
Integration Organisation" is taken to mean an organisation which has competence over certain 
matters governed by the Convention or the Protocol and may sign, approve, accept or accede 
to them. This definition will allow the Community to become a party to these two instruments 
on  condition  that  it  obtains  the  necessary  approval  of  the  Community  institutions.  Any 
reference in the Convention or the Protocol to "Contracting State(s)" or "States Parties" also 
applies  to  the  Community  when  so  required  by  the  context  (Articles 48(3)  and  XXVII(3) 
respectively). 

The two instruments require that at the time of signature, acceptance, approval or accession, 
the  Community  must  make  a  general  declaration  indicating  the  matters  covered  by  the 
Convention  and  the  Protocol  which  fall  within  the  Community's  jurisdiction  (Articles 48(2) 
and XXVII(2) respectively). To this end a draft declaration is attached in Annex I. The text 
has  been  drawn  up  on  the  basis  of  the  Community's  present  powers  conferred  by  Council 
Regulations (EC) n° 44/2001 of 22.12.2000 and n°1346 of 29.05.2000.  

3. 

DECLARATIONS  ON  MATTERS  FALLING  WITHIN  THE  SCOPE  OF  THE  COMMUNITY'S 
EXCLUSIVE JURISDICTION 

In the course of the Cape Town Diplomatic Conference in November 2001, the Community 
obtained  provisions  allowing  it  to  apply  Community  law  instead  of  the  Convention  and  the 
Aircraft  Protocol  in  matters  covered  by  the  two  Regulations  mentioned  above.  The 
Community will be required, at the time of conclusion, to make declarations on the matters 
falling within the Community's exclusive jurisdiction. These declarations attached in Annex II 
deal with the following matters: 

3.1. 

Interim relief (Article 55 of the Convention and Article X of the Protocol) 

With regard to compatibility with Articles 13 and 43 of the Convention, it should be pointed 
out that the only measures which are provisional or protective measures within the meaning of 
Article  31  of  Regulation  No 44/2001  are  measures  which,  in  the  areas  within  its  scope,  are 

2 
3 

OJ L 12, 16.1.2001, p. 1. 
OJ L 160, 30.6.2000, p. 1. 

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intended to maintain a de facto or de jure situation in order to safeguard rights which the court 
hearing the case is requested to recognise.4 

Moreover,  the  grant  of  provisional  or  protective  measures  pursuant  to  Article  31  of  the 
Regulation  is  subject,  in  particular,  to  the  condition  that  there  is  a  real  connecting  link 
between  the  subject-matter  of  the  measures  sought  and  the  territorial  jurisdiction  of  the 
Contracting State of the court before which those measures are sought.5 

The  Community  will  have  to  declare  that  the grant  of  interim  relief  under  Article  13  of  the 
Convention by the courts which have jurisdiction under Article 43 will be possible, where the 
debtor  is  domiciled  in  the  Community,  only  in  accordance  with  Article  31  of  Regulation 
No 44/2001 (Article 24 of the Brussels Convention of 27 September 1968, as interpreted by 
the Court of Justice of the European Communities). 

Under  Article  X(1)  and  Article XXX(2)  of  the  Protocol,  Article X  of  the  Protocol,  which 
covers  interim  relief,  applies  in  whole  or  in  part  only  if  a  Contracting  State  has  made  a 
positive  declaration  to  that  effect.  This  Article  includes  the  sale  of  the  object  in  the  list  of 
forms  of  interim  relief  set  out  in  Article  13  of  the  Convention.  Where  a  Contracting  State 
makes such a declaration with regard to Article X(2), it must specify the required time-period 
for  obtaining  the  forms  of  interim  relief  set  out  in  Article 13(1)  of  the  Convention.  It  is 
proposed  that  the  Community  should  not  make  the  declaration  referred  to  in  Article X 
pursuant to Article XXX(2). 

3.2. 

Insolvency (Articles XI and XII of the Protocol) 

Articles XI and XII of the Aircraft Protocol on insolvency of the debtor apply only where a 
Contracting  State  that  is  the  primary  insolvency  jurisdiction  makes  a  positive  declaration  to 
this effect pursuant to Article XXX. 

Article XI lays down the detailed rules for giving possession of the aircraft object which is the 
creditor's surety in the event of the debtor's insolvency (Alternative A or B). These rules are 
provisions of substantive law, designed to protect the creditor secured by a right in rem from 
any possible consequences of the debtor's insolvency. 

Regulation 1346/2000 lays down rules on jurisdiction, recognition and enforcement and rules 
on  conflict  of  laws  applicable  to  insolvency  proceedings  opened  the  Community.  However, 
Article  5  stipulates  that  the  opening  of  insolvency  proceedings  shall  not  affect  the  rights  in 
rem of creditors or third parties in respect of tangible or intangible, moveable or immovable 
assets belonging to the debtor which are situated within the territory of another Member State 
at  the  time  of  the  opening  of  proceedings.  This  is  a  substantive  provision  of  private 
international  law,  which  directly  determines  what  happens  to  rights  in  rem  in  immovable 
assets situated in a Member State other than that in which the proceedings are opened. Rather 
than referring either to the law of the State in which the proceedings are opened or to the lex 
situs  to  determine  whether  the  assets  subject  to  rights  in  rem  form  part  of  the  insolvency 
estate, the Regulation directly stipulates that the rights in rem in respect of these assets are not 
affected by the opening of the insolvency proceedings. 

4 
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Judgment of 31 March 1982 C.H.W. v G.J.H. (Case 25/81 [1982] ECR 1189). 
Judgment of 17 November 1998 Van Uden Maritime v Kommanditgesellschaft in Firma Deco-Line and 
Another (Case 391/95 [1998] ECR I-7091). 

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Recital  12  to  the  Regulation  states  that  "the  main  insolvency  proceedings  ...  have  universal 
scope  and  aim  at  encompassing  all  the  debtor's assets",  irrespective  of  the  Member  State  in 
which the assets are located, except where territorial insolvency proceedings are opened under 
Article 3(2) of the Regulation. It follows that the State in which proceedings are opened under 
Article 4 should determine which assets form part of the assets in the main proceedings and 
which are excluded. As regards assets subject to rights in rem, the Regulation does not require 
them to be included in the estate in the main proceedings, or to be excluded from it. Article 5 
merely stipulates that the rights in rem of third parties in respect of assets situated within the 
territory of a Member State (which is a Contracting State to the Protocol) other than the State 
in which the main proceedings are opened must be respected. Consequently, even if the law of 
the State in which proceedings are opened lays down that all assets form part of the estate, the 
holder of the right in rem does not lose any particular right attached to that right, especially 
the possibility of realising the asset in order to be satisfied. Thus, Article 5 of the Regulation 
and Article XI of the Protocol have in common the provision that an asset subject to a right in 
rem does not form part of the insolvency estate. 

It  follows  that,  pursuant  to  the  Court  of  Justice's  ruling  in  AETR,6  the  Community  has 
exclusive power to enter into external commitments in this area, and to decide whether or not 
to  make  the  declaration  referred  to  in  Article XXX(3)  in  order  to  specify  the  Alternative 
chosen (A or B) and the time-period required by Article XI.  

The  Commission  considers  that,  where  the  primary  insolvency  jurisdiction  is  in  a 
Member State, Regulation No 1346/2000 of 29 May 2000 on insolvency proceedings should 
in any case be applicable instead of the Convention and the Aircraft Protocol. To achieve this 
objective and preserve certainty in the law, it recommends that the Community should not opt 
for full or partial application of either of the alternatives set out in Article XI of the Protocol. 
This  would  seem  to  be  the  only  solution  which  would  guarantee  the  uniform  operation  of 
Regulation No 1346/2000 within the Community, when there is no justification for derogating 
from it for aircraft equipment.  

It follows that the Community will not make the declaration referred to in Article XI of the 
Protocol pursuant to Article XXX(3), or the declaration on insolvency assistance referred to in 
Article XII, which is linked to that in Article XI, pursuant to Article XXX(1). 

3.3. 

Jurisdiction of the place of registration 

Finally, with regard to Article XXI of the Protocol, we think it preferable to avoid a situation 
whereby this new rule on jurisdiction creates an exception from the provisions of Community 
law.  If  the  debtor  is  situated  within  the  Community  in  accordance  with  Article 4  of  the 
Convention,  then  Community  law  should  be  applied  uniformly.  Article  XXX(5)  of  the 
Protocol  allows  Contracting  States  to  declare  that  they  will  not  apply  this  Article.  It  is 
proposed  that  the  Community  should  declare  that  it  will  not  apply  this  Article,  which  will 
enable it to apply Regulation No 44/2001. 

4. 

DECLARATIONS UNDER ARTICLE VIII OF THE PROTOCOL  

Since the Member States are all bound by the 1980 Rome Convention on the law applicable to 
contractual obligations until such time as they may be bound by the rules of Regulation (EC) 

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Case 22/70. 

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No  593/2008  of  the  European  Parliament  and  of  the  Council  of  17  June  20087,  the 
Commission proposes that they should not make a declaration pursuant to Article XXX(1) of 
the Protocol that they will apply Article VIII of the Protocol concerning the choice of law. 

In view of the foregoing, the Commission proposes that the Council adopt the decision set out 
below  authorising  conclusion  of  the  UNIDROIT  Convention  on  International  Interests  in 
Mobile Equipment and its Protocol on matters specific to aircraft equipment, by making the 
abovementioned declarations, the text of which is attached in Annexes I and II. 

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OJ L 177, 4.7.2008, p. 6. 

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2008/0162 (CNS) 

Amended proposal for a 

COUNCIL DECISION 

on the conclusion by the European Community of the Convention on International 
Interests in Mobile Equipment and its Protocol on matters specific to aircraft 
equipment, adopted jointly in Cape Town on 16 November 2001  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 61(c)  in  conjunction  with  the  first  subparagraph  of  Article  300(2)  and  the  first 
subparagraph of Article 300(3) thereof, 

Having regard to the proposal from the Commission8, 

Having regard to the opinion of the European Parliament9, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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The  Community  is  working  towards  the  establishment  of  a  common  judicial  area 
based on the principle of mutual recognition of judicial decisions. 

The  Convention  on  International  Interests  in  Mobile  Equipment  (hereinafter  referred 
to  as  the  "Cape Town  Convention")  and  its  Protocol  on  matters  specific  to  aircraft 
equipment (hereinafter referred to as the "Aircraft Protocol"), adopted jointly in Cape 
Town  on  16 November 2001,  make  a  useful  contribution  to  the  regulation  at 
international level in their respective areas. It is therefore desirable that the provisions 
of the two instruments which concern matters falling within the exclusive competence 
of the Community should be applied as soon as possible. 

The Commission negotiated the Cape Town Convention and the Aircraft Protocol on 
behalf of the Community, for the parts falling within the exclusive competence of the 
Community. 

Regional  Economic  Integration  Organisations,  which  have  competence  over  certain 
matters governed by the Cape Town Convention and the Aircraft Protocol, may accede 
to the said Convention and the said Protocol after their entry into force. 

Some  of  the  matters  governed  by  Council  Regulation  (EC)  No  44/2001  of 
22 December 2000 on jurisdiction and the recognition and enforcement of judgments 
in civil and commercial matters 10, Council Regulation (EC) No 1346/2000 of 29 May 

OJ C , , p. . 
OJ C , , p. . 
OJ L 12, 16.1.2001, p. 1. Regulation as last amended …. 

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2000 on insolvency proceedings 11 and Regulation (EC) No 593/2008 of the European 
Parliament  and  of  the  Council  of  17  June  2008  on  the  law  applicable  to  contractual 
obligations  (Rome  I)12  are  also  dealt  with  in  the  Cape  Town  Convention  and  the 
Aircraft Protocol. 

The Community has exclusive competence over some of the matters governed by the 
Cape Town  Convention  and  the  Aircraft  Protocol,  while  the  Member States  have 
competence over other matters governed by these two instruments. 

The  Community  should  therefore  accede  to  the  Cape  Town  Convention  and  the 
Aircraft Protocol. 

Article 48  of  the  Cape Town  Convention  and  Article XXVII  of  the  Aircraft  Protocol 
provide that, at the time of accession, a Regional Economic Integration Organisation 
shall make a declaration specifying the matters governed by the said Convention and 
the  said  Protocol  in  respect  of  which  competence  has  been  transferred  to  that 
organisation  by  its  Member  States.  The  Community  should  therefore  make  such  a 
declaration at the time of accession. 

Article 55  of  the  Cape  Town  Convention  provides  that  a  Contracting  State  may 
declare that it will not apply the provisions of Article 13 or Article 43, or both, wholly 
or  in  part.  At  the  time  of  accession  to  the  said  Convention  the  Community  should 
make such a declaration. 

(6) 

(7) 

(8) 

(9) 

(10)  Articles X, XI, XII and XIII of the Aircraft Protocol apply only where a Contracting 
State  has  made  a  declaration  to  that  effect  pursuant  to  Article XXX  of  the  said 
Protocol  and  under  the  conditions  specified  by  that  declaration.  At  the  time  of 
accession  to  the  Aircraft  Protocol,  the  Community  should  declare  that  it  will  not  be 
making any declaration pursuant to Article XXX(3). The competence of the Member 
States  concerning  the  rules  of  substantive  law  as  regards  insolvency  will  not  be 
affected. 

(11)  The application of Article VIII of the Aircraft Protocol on choice of law is also subject 
to  a  declaration  which  may  be  made  by  any  Contracting  State  pursuant  to 
Article XXX(1).  At  the  time  of  accession  to  the  Aircraft  Protocol  the  Community 
should declare that it will not apply Article VIII. 

(12)  The  United  Kingdom  will  remain  bound  by  the  1980  Rome  Convention  on  the  law 
applicable to contractual obligations13 until such time as it may be bound by the rules 
of Regulation (EC) No 593/2008 of the European Parliament and of the Council. It is 
assumed  that  the  United  Kingdom,  if  it  accedes  to  the  Aircraft  Protocol  before  such 
time,  at  the  time  of  accession  will  make  a  declaration  pursuant  to  Article  XXX(1) 
which will not prejudice the application of the rules of the said Regulation. 

(13)  The United Kingdom and Ireland should take part in the adoption and application of 

this Decision. 

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OJ L 160, 30.6.2000, p. 1. Regulation as last amended … 
OJ L 177, 4.7.2008, p. 6. 
OJ C 27, 26.1.1998, p. 34. 

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(14) 

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,  Denmark  does  not  take  part  in  the  adoption  of  this  Decision  and  is  not 
bound by it or subject to its application, 

HAS DECIDED AS FOLLOWS:  

Article 1 

1. 
The  Convention  on  International  Interests  in  Mobile  Equipment  (hereinafter  referred 
to as the "Cape Town Convention") and the Protocol on matters specific to aircraft equipment 
(hereinafter  referred  to  as  the  "Aircraft  Protocol"),  adopted  jointly  in  Cape  Town  on  16 
November 2001, are hereby approved on behalf of the European Community. 

The  texts of  the Cape Town  Convention and of  the Aircraft Protocol are  attached to 

2. 
this Decision. 

In this Decision, "Member State" shall mean all the Member States with the exception 

3. 
of Denmark. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
deposit, on behalf of the European Community, the instrument referred to in Article 47(4) of 
the Cape Town Convention and Article XXVI(4) of the Aircraft Protocol. 

Article 3 

At the time of accession to the Cape Town Convention, the Community shall make the 

1. 
declaration set out in point I of the Annex I and the declaration set out in point I of Annex II. 

2. 
At  the  time  of  accession  to  the  Aircraft  Protocol,  the  Community  shall  make  the 
declaration set out in point II of the Annex I and the declaration set out in point II of Annex II. 

Done at Brussels,  

For the Council 
The President 

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ANNEX I  

General  declarations  concerning  the  competence  of  the  Community  to  be  made  by  the 
Community  at  the  time  of  accession  to  the  Convention  on  International  Interests  in 
Mobile Equipment ("Cape Town Convention") and the Protocol on matters specific to 
aircraft  equipment 
in  Cape Town  on 
16 November 2001 

("Aircraft  Protocol"),  adopted 

jointly 

Declaration pursuant to Article 48(2) concerning the competence of the European 
I. 
Community  over  matters  governed  by  the  Cape  Town  Convention  in  respect  of  which 
the Member States have transferred their competence to the Community 

Article 48 of the Cape Town Convention provides that Regional Economic Integration 
1. 
Organisations  which  are  constituted  by  sovereign  States  and  which  have  competence  over 
certain matters governed by the Convention may accede to it on condition that they make the 
declaration  referred  to  in  Article 48(2).  The  Community  has  decided  to  accede  to  the  Cape 
Town Convention and is accordingly making that declaration. 

2. 
The current Members of the European Community 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,  the 
Republic of 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. 

However, this declaration does not apply to the Kingdom of Denmark, in accordance 

3. 
with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaties. 

4. 
This declaration is not applicable in the case of the territories of the Member States in 
which  the  Treaty  establishing  the  European  Community  does  not  apply  and  is  without 
prejudice to such acts or positions as may be adopted under the Cape Town Convention by the 
Member States concerned on behalf of and in the interests of those territories.  

5. 
The  Member  States of the European Community have transferred competence to the 
Community  as  regards  matters  which  affect  Council  Regulation  (EC)  No  44/2001  of 
22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil 
and  commercial  matters 14,  Council  Regulation  (EC)  No  1346/2000  of  29 May  2000  on 
insolvency proceedings 15 and Regulation (EC) No 593/2008 of the European Parliament and 
of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)16. 

6. 
At the time of accession to the Cape Town Convention, the Community will not make 
any  of  the  declarations  permitted  under  the  Articles  referred  to  in  Article 56  of  the  said 
Convention. Member States keep their competence concerning the rules of substantive law as 
regards insolvency. 

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15 
16 

OJ L 12, 16.1.2001, p. 1. Regulation as last amended …. 
OJ L 160, 30.6.2000, p. 1. Regulation as last amended … 
OJ L 177, 4.7.2008, p. 6. 

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7. 
The  exercise  of  competence  which  the  Member  States  have  transferred  to  the 
Community  pursuant  to  the  Treaty  establishing  the  European  Community  is,  by  its  nature, 
liable to continuous development. In the framework of that Treaty, the competent institutions 
may  take  decisions  which  determine  the  extent  of  the  competence  of  the  Community.  The 
latter  therefore  reserves  the  right  to  amend  the  present  declaration  accordingly,  without  this 
constituting a prerequisite for the exercise of its competence with regard to matters governed 
by the Cape Town Convention. 

Declaration  pursuant  to  Article  XXVII(2)  concerning  the  competence  of  the 
II. 
European  Community  over  matters  governed  by  the  Aircraft Protocol,  in  respect  of 
which the Member States have transferred their competence to the Community 

Article XXVII  of  the  Aircraft  Protocol  provides  that  Regional  Economic  Integration 
1. 
Organisations  which  are  constituted  by  sovereign  States  and  which  have  competence  over 
certain  matters  governed  by  the  Protocol  may  accede  to  it  on  condition  that  they  make  the 
declaration  referred  to  in  Article XXVII(2).  The  Community  has  decided  to  accede  to  the 
Aircraft Protocol and is accordingly making that declaration. 

2. 
The current Members of the European Community 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,  the 
Republic of 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. 

However, this declaration does not apply to the Kingdom of Denmark, in accordance 

3. 
with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaties. 

This declaration is not applicable in the case of the territories of the Member States in 
4. 
which  the  Treaty  establishing  the  European  Community  does  not  apply  and  is  without 
prejudice  to  such  acts  or  positions  as  may  be  adopted  under  the  Aircraft  Protocol  by  the 
Member States concerned on behalf of and in the interests of those territories. 

5. 
The  Member  States of the European Community have transferred competence to the 
Community  as  regards  matters  which  affect  Council  Regulation  (EC)  No  44/2001  of 
22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil 
and  commercial  matters 17,  Council  Regulation (EC)  No  1346/2000  of  29 May  2000  on 
insolvency proceedings 18 and Regulation (EC) No 593/2008 of the European Parliament and 
of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)19. 

6. 
At  the  time  of  accession  to  the  Aircraft  Protocol,  the  Community  will  not  make  a 
declaration pursuant to Article XXX(1) that it will apply Article VIII nor will it make any of 
the  declarations  permitted  under  Article  XXX(3).  Member States  keep  their  competence 
concerning the rules of substantive law as regards insolvency. 

17 
18 
19 

OJ L 12, 16.1.2001, p. 1. Regulation as last amended … 
OJ L 160, 30.6.2000, p. 1. Regulation as last amended …. 
OJ L 177, 4.7.2008, p. 6. 

EN 

11 

   EN 

                                                 
7. 
The  exercise  of  competence  which  the  Member  States  have  transferred  to  the 
Community  pursuant  to  the  Treaty  establishing  the  European  Community  is,  by  its  nature, 
liable to continuous development. In the framework of that Treaty, the competent institutions 
may  take  decisions  which  determine  the  extent  of  the  competence  of  the  Community.  The 
latter  therefore  reserves  the  right  to  amend  the  present  declaration  accordingly,  without  this 
constituting a prerequisite for the exercise of its competence with regard to matters governed 
by the Aircraft Protocol. 

EN 

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   EN 

ANNEX II 

Declarations to be made by the Community at the time of accession to the Cape Town 
Convention and the Aircraft Protocol concerning certain provisions and measures 
contained therein 

Declaration  by  the  Community  pursuant  to  Article  55  of  the  Cape  Town 

I. 
Convention  

Pursuant  to  Article  55  of  the  Cape  Town  Convention,  where  the  debtor  is  domiciled  in  the 
territory  of  a  Member State  of  the  Community,  the  Member States  bound  by  Council 
Regulation  (EC)  No 44/2001  of  22  December  2000  on  jurisdiction  and  the  recognition  and 
enforcement of judgments in civil and commercial matters 20 will apply Articles 13 and 43 of 
the  Cape  Town  Convention  for  the  interim  relief  only  in  accordance  with  Article  31  of 
Regulation No 44/2001 as interpreted by the Court of Justice of the European Communities in 
the context of the Brussels Convention of 27 September 1968 21 (Article 24). 

II. 

Declaration by the Community pursuant to Article XXX of the Aircraft Protocol 

In  accordance  with  Article  XXX(5)  of  the  Aircraft  Protocol,  Article  XXI  thereof  will  not 
apply within the Community and Council Regulation (EC) No 44/2001 of 22 December 2000 
on  jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil  and  commercial 
matters 22 will apply to this matter for the Member States bound by the said Regulation or by 
any other agreement designed to extend its effects. 

20 
21 
22 

OJ L 12, 16.1.2001, p. 1. Regulation as last amended … 
OJ C 27, 26.1.1998, p. 1. 
OJ L 12, 16.1.2001, p. 1. Regulation as last amended … 

EN 

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   EN