PROTOCOL OF 1976 TO THE ATHENS CONVENTION RELATING TO THE CARRIAGEOF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974
PROTOCOL OF 1976 TO THE ATHENS CONVENTION RELATING TO THE CARRIAGEOF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974
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THE PARTIES TO THE PRESENT PROTOCOL,
BEING PARTIES to the Athens Convention Relating to the Carriage of
Passengers and their Luggage by Sea, done at Athens on December 13, 1974;
HAVE AGREED as follows:
Article I
For the purpose of the present Protocol:
1. "Convention" means the Athens Convention Relating to the Carriage
of passengers and their Luggage by Sea, 1974.
2. "Organization" has the same meaning as in the Convention.
3. "Secretary-General" means the Secretary-General of the
Organization.
Article II
(1) Article 7, paragraph 1 of the Convention is replaced by the
following text:
1. The liability of the carrier for the death of or personal
injury to a passenger shall in no case exceed 46,666 units of account per
carriage. 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) Article 8 of the Convention is replaced by the following text:
1. The liability of the carrier for the loss of or damage to cabin
luggage shall in no case exceed 833 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 3,333 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 of this Article
shall in no case exceed 1,200 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 117 units of
account in the case of damage to a vehicle and not exceeding 13 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.
(3) Article 9 of the Convention and its title are replaced by the
following: UNIT OF ACCOUNT OR MONETARY UNIT 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 Articles 7 and 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 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 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 at the date
in question for its operations and transaction. The value of the national
currency, in terms of the Special Drawing Right, of a State which is not a
member of the International Monetary Fund, shall be calculated in a
manner determined by that State.
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 of this Article may, at the time of
ratification or accession or at any time thereafter, declare that the
limits of liability provided for in this Convention to be applied in its
territory shall be fixed as follows:
(a) in respect of Article 7, paragraph 1, 700,000 monetary units;
(b) in respect of Article 8, paragraph 1, 12,500 monetary units;
(c) in respect of Article 8, paragraph 2, 50,000 monetary units;
(d) in respect of Article 8, paragraph 3, 18,000 monetary units;
(e) in respect of Article 8, paragraph 4, the deductible shall not
exceed 1, 750 monetary units in the case of damage to a vehicle and shall
not exceed 200 monetary units per passenger in the case of loss of or
damage to other luggage.
The monetary unit referred to in this paragraph corresponds to
sixty-five and a half milligrams of gold of millesimal fineness nine
hundred. The conversion of the amounts specified in this paragraph 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 State as far as possible the
same real value for the amounts in Articles 7 and 8 as is expressed there
in units of account. States shall communicate to the depositary 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 referred to
in Article III and whenever there is a change in either.
Article III
Signature, Ratification and Accession
1. The present Protocol shall be open for signature by any State which
has signed the Convention or acceded thereto and by any State invited to
attend the Conference to Revise the Unit of Account Provisions in the
Athens Convention Relating to the Carriage of Passengers and their Luggage
by Sea, 1974, held in London from November 17 to 19, 1976. This Protocol
shall be open for signature from February 1, 1977 to December 31, 1977 at
the Headquarters of the Organization.
2. Subject to paragraph 4 of this Article, the present Protocol shall
be subject to ratification, acceptance or approval by the States which
have signed it.
3. Subject to paragraph 4 of this Article, this Protocol shall be open
for accession by States which did not sign it.
4. The present Protocol may be ratified, accepted, approved or acceded
to by States Parties to the Convention.
5. Ratification, acceptance, approval or accession shall be effected
by the deposit of a formal instrument to that effect with the
Secretary-General.
6. Any instrument of ratification, acceptance, approval or accession
deposited after the entry into force of an amendment to the present
Protocol with respect to all existing Parties or after the completion of
all measures required for the entry into force of the amendment with
respect to all existing Parties shall be deemed to apply to the Protocol
as modified by the amendment.
Article IV
Entry into Force
1. The present Protocol shall enter into force for the States which
have ratified, accepted, approved or acceded to it on the ninetieth day
following the date on which ten States have either signed it without
reservation as to ratification, acceptance or approval or have deposited
the requisite instruments of ratification, acceptance, approval or
accession.
2. However, the present Protocol shall not enter into force before the
Convention has entered into force.
3. For any State which subsequently signs this Protocol without
reservation as to ratification, acceptance or approval, or deposits its
instruments of ratification, acceptance, approval or accession, the
present Protocol shall come into force on the ninetieth day after the date
of such signature or deposit.
Article V
Denunciation
1. The present Protocol may be denounced by a Party at any time after
the date on which the Protocol enters into force for that Party.
2. Denunciation shall be effected by the deposit of an instrument with
the Secretary General who shall inform all other Parties of the receipt of
the instrument of denunciation and of the date of its deposit.
3. A denunciation shall take effect one year after the deposit of an
instrument of denunciation, or after such longer period as may be
specified in the instrument.
Article VI
Revision and Amendment
1. A Conference for the purpose of revising or amending the present
Protocol may be convened by the Organization.
2. The Organization shall convene a Conference of the Parties to the
present Protocol for revising or amending it at the request of not less
than one-third of the Parties.
Article VII
Depositary
1. The present Protocol shall be deposited with the Secretary-General.
2. The Secretary-General shall:
(a) inform all States which have signed or acceded to the present
Protocol of:
(i) each new signature and each deposit of an instrument
together with the date thereof;
(ii) the date of entry into force of the present Protocol;
(iii) the deposit of any instrument of denunciation of present
Protocol together with the date on which the denunciation takes effect;
(iv) any amendments to the present Protocol;
(b) transmit certified true copies of the present Protocol to all
States which have signed the present Protocol or acceded thereto.
3. Upon entry into force of the present Protocol, a certified true
copy thereof 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 VIII
Languages
The present Protocol is established in a single original in the
English and French languages, both texts being equally authentic.
Official translations in the Russian and Spanish languages shall be
prepared by the Secretary-General and deposited with the signed original.
DONE AT LONDON this nineteenth day of November one thousand nine
hundred and seventy-six.
IN WITNESS WHEREOF the undersigned being duly authorized for that
purpose have signed the present Protocol.
ATTACHMENT TO THE FINAL ACT RESOLUTION
The Conference to revise the unit of account provisions in the 1974
Athens Convention relating to the Carriage of Passengers and their Luggage
by Sea.
Considering that a ??line in the value of money may affect, to a
serious extent, the amounts established in the Convention.
Recommends that the Participating Governments consider the problem
with a view to establishing a specific and efficient procedure for the
expeditious revision of such amounts in order to maintain their real
value.
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