Republic of Lithuania Law on the Ratification of the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974


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REPUBLIC OF LITHUANIA
LAW
ON THE RATIFICATION OF THE PROTOCOL OF 2002 TO THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974
 
14 October 2014   No XII-1227
Vilnius
 
Article 1. Ratification of the Protocol
The Seimas of the Republic of Lithuania, acting pursuant to Article 67(16) and Article 138(1)(6) of the Constitution of the Republic of Lithuania and having regard to Decree No 1K-36 of the President of the Republic of 25 August 2014, shall ratify with reservation the Protocol of 2002 to the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 adopted at London on 1 November 2002.
Article 2.  Reservation by the Republic of Lithuania
1. The Republic of Lithuania shall reserve the right to and undertake to limit the liability under Article 3(1) and (2) of the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974 (hereinafter: ‘the Convention‘), if any, in respect of death of or personal injury to a passenger caused by any of the risks referred to in paragraph 2.2 of Annex II IMO Reservation and Guidelines for Implementation of the Athens Convention to Regulation (EC) No 392/2009 of the European Parliament and of the Council on the liability of carriers of passengers by sea in the event of accidents of 23 April 2009 (OJ 2009 L 131, p. 24) (hereinafter: the ‘Guidelines for Implementation of the Convention’) to the lower of the following amounts: 250 000 units of account in respect of each passenger on each distinct occasion or 340 million units of account overall per ship on each distinct occasion.
2. The Republic of Lithuania shall reserve the right and undertake to apply the Guidelines for Implementation of the Convention paragraphs 2.1.1 and 2.2.2 mutatis mutandis, to such liabilities.
3. The liability of a performing carrier pursuant to Article 4 of the Convention, the liability of a servant or agent of the carrier or of the performing carrier pursuant to Article 11 of the Convention and the limit of the aggregate of the amounts recoverable pursuant to Article 12 of the Convention shall be limited in the same way.
4. The reservation and undertaking in paragraph 1 above shall apply regardless of the basis of liability under Article 3(1) or (2) of the Convention and notwithstanding anything to the contrary in Article 4 or 7 of the Convention; but, this reservation and undertaking shall not affect the operation of Articles 10 and 13 of the Convention.
5. The Republic of Lithuania shall reserve the right to and undertake, where necessary, to limit the requirement under Article 4bis(1) of the Convention to maintain insurance or other financial security for death or personal injury to a passenger caused by any of the risks referred to in paragraph 2.2 of the Guidelines for Implementation of the Convention to the lower of the following amounts: 250 000 units of account in respect of each passenger on each distinct occasion or 340 million units of account overall per ship on each distinct occasion.
6. The Republic of Lithuania shall reserve the right to and undertake, where necessary, to limit the liability of the insurer or other person providing financial security under Article 4bis(10) of the Convention, for death or personal injury to a passenger caused by any of the risks referred to in paragraph 2.2 of the Guidelines for Implementation of the Convention, to a maximum limit of the amount of insurance or other financial security which the carrier is required to maintain under paragraph 5 above: 250 000 units of account in respect of each passenger on each distinct occasion or 340 million units of account overall per ship on each distinct occasion.
7. The Republic of Lithuania shall reserve the right to and undertake to apply the Guidelines for Implementation of the Convention including the application of the clauses referred to in paragraphs 2.1 and 2.2 in the Guidelines in all compulsory insurance under the Convention.
8. The Republic of Lithuania shall reserve the right to and undertake to exempt the provider of insurance or other financial security under Article 4bis(1) of the Convention from any liability for which he has not undertaken to be liable.
9. The Republic of Lithuania shall reserve the right to and undertake to issue insurance certificates under Article 4bis(2) of the Convention so as to reflect the limitations of liability and the requirements for insurance cover referred to in paragraphs 1, 5, 6 and 8 of this Article and to include such other limitations, requirements and exemptions as it finds that the insurance market conditions at the time of the issue of the certificate necessitate.
10. The Republic of Lithuania shall reserve the right to and undertake to accept insurance certificates issued by other States Parties issued pursuant to a similar reservation.
11. All such limitations, requirements and exemptions shall be clearly reflected in the insurance certificate issued or certified under Article 4bis(2) of the Convention.
 
 
 
 
12. The rights retained by this reservation shall be exercised with due regard to the Guidelines for Implementation of the Convention, or to any amendments thereto, with an aim to ensure uniformity. If amendments to the Guidelines for Implementation of the Convention, including the limits, are approved by the Legal Committee of the International Maritime Organisation, they shall apply as from the time determined by the Committee. This is without prejudice to the rules of international law regarding the right of the Republic of Lithuania to withdraw or amend its reservation.
 
 
I promulgate this Law adopted by the Seimas of the Republic of Lithuania.
 
 
PRESIDENT OF THE REPUBLIC                                                         DALIA GRYBAUSKAITĖ