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26 NOVEMBER 2012. - Act enacting the 2002 Protocol to the 1974 Athens Convention on the Carriage by Sea of Passengers and Their Baggage, done in London on 1^er November 2002 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The 2002 Protocol to the 1974 Athens Convention on the Carriage by Sea of Passengers and Their Baggage, done in London on 1^er November 2002, will release its full effect.
Art. 3. The amendments to the 2002 Athens Convention relative to the Carriage by Sea of Passengers and Their Baggage, within the meaning of Article 15, paragraph 3, of the 2002 Protocol to the 1974 Athens Convention relative to the Carriage by Sea of Passengers and Their Baggage, which are adopted pursuant to Article 23 of the 2002 Protocol to the 1974 Athens Convention relating to the Carriage by Sea of Passengers and Their Baggage, without the effect of Belgium
Art. 4. The 2002 Athens Convention relative to the Carriage by Sea of Passengers and Their Baggage is implemented taking into account the "IMO Guidelines for the Implementation of the Athens Convention" adopted by the Legal Committee of the International Maritime Organization on 19 October 2006 and their amendments.
The previous paragraph is not applicable during the period of application of the Regulations (EC) No. 392/2009 of 23 April 2009 on liability of passenger carriers by sea in the event of an accident.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 26 November 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of the North Sea,
J. VANDE LANOTTE.
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2011-2012.
Senate.
Documents:
Bill tabled on 15 June 2012, No. 5-1671/1.
Report, no. 5-1671/2.
Annales parlementaire
Discussion, meeting of 12 July 2012.
Voting, meeting of 12 July 2012.
House of Representatives.
Documents:
Project transmitted by the Senate, No. 53-2365/1.
Report on behalf of Commission 53-2365/2.
Text adopted in plenary and subject to Royal Assent, No. 53-2365/3.
Annales parlementaire
Discussion, meeting of 19 July 2012.
Vote, meeting of 19 July 2012.

2002 ATHEN CONVENTION ON THE TRANSPORT OF PASSAGES AND BAGAGES
(Recapitulation of the 1974 Athens Convention on the Carriage by Sea of Passengers and Their Baggage and the 2002 Protocol to the Convention)
Article 1^er. Definitions
In this Convention, the following terms are used in the meaning indicated below:
1. (a) "carrier" means a person by whom or on behalf of whom a contract of carriage has been concluded, whether the carriage is actually provided by that person or by a substitute carrier;
(b) "substituted carrier" means a person other than the carrier, be it the owner, charterer or operator of a ship, who effectively ensures all or part of the transportation; and
(c) "carrier that actually ensures all or part of the transport" means the carrier substituted, or the carrier to the extent that the carrier actually transports. »
2. "transport contract" means a contract entered into by or on behalf of a carrier for the carriage by sea of a passenger or, where applicable, of a passenger and his baggage;
3. "navire" means only a sea building excluding any vehicle on air cushion;
4. "passengine" means any person transported on a ship:
(a) under a contract of carriage, or
(b) that, with the consent of the carrier, accompanies a vehicle or living animals under a contract for the carriage of goods not governed by this Convention;
5. "baggage" means any object or vehicle carried by the carrier under a contract of carriage, except:
(a) goods or vehicles transported under a charter contract, bill of lading or contract relating primarily to the carriage of goods, and
(b) live animals;
6. "cabin baggage" means baggage that the passenger has in his or her cabin or has in his or her possession, in his or her custody or control. Except for the purposes of paragraph 8 of this section and section 8, the cabin baggage shall include the baggage that the passenger has in his or her vehicle;
7. "loss or damage to baggage" also relates to material damage arising out of the baggage that was not returned to the passenger within a reasonable period of time after the arrival of the vessel on which the baggage was carried or should have been carried, but does not include delays arising from labour disputes;
8. "transport" concerns the following periods:
(a) in respect of the passenger and/or his or her cabin baggage, the period during which the passenger and his or her cabin baggage are on board or on board or in the course of boarding or disembarking, and the period during which they are transported by water from the dock to the vessel or vice versa, if the price of the carriage is included in that of the ticket or if the building used for that incidental transport has been made available to the passenger However, carriage does not include, with respect to the passenger, the period during which it is located in a marine station, or on a dock or other port facility;
(b) in respect of cabin baggage, also the period during which the passenger is located in a marine station or on a dock or other port facility if such baggage has been taken over by the carrier or its attendant or agent and has not yet been returned to the passenger;
(c) in respect of other baggage that is not cabin baggage, the period between the time when it was taken over by the carrier or its attendant or agent, on land or on board, and the time when it was rendered by the carrier, its attendant or its agent;
9. "international transport" means any transport where the place of departure and the place of destination are, according to the contract of carriage, located in two different States or in one State if, according to the contract of carriage or the route provided, there is an intermediate port of call in another State.
10. "Organization" means the International Maritime Organization.
11. "Secretary-General" means the Secretary-General of the Organization.
Art. 1^erbis. Annex
The Annex to this Convention is an integral part of the Convention.
Art. 2. Scope
1. This Convention applies to any international transport where:
(a) the vessel shall be the flag of a State Party to this Convention or shall be registered in such a State, or
(b) the contract of carriage has been entered into in a State Party to this Convention, or
(c) according to the contract of carriage, the place of departure or destination is in a State Party to this Convention.
2. Notwithstanding the provisions of paragraph 1^er of this Article, this Convention shall not apply where carriage is subject to a civil liability regime provided for in the provisions of any other international convention on the carriage of passengers or baggage by a different mode of transport, provided that such provisions shall be applied to carriage by sea.
Art. 3. Liability of the carrier
1. In the event of injury resulting from the death or bodily injury of a passenger caused by a marine occurrence, the carrier is liable to the extent that the passenger's injury to a single event does not exceed 250,000 account units, unless the carrier proves that the event:
(a) the result of an act of war, hostility, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or
(b) is the result of the fact that a third party deliberately acted or omitted to act in the intention of causing the event.
If and to the extent that the injury exceeds the above-mentioned limit, the carrier is also liable unless it proves that the event causing the injury occurred without fault or negligence on its part.
2. In the event of injury resulting from the death or bodily injury of a passenger not caused by a marine event, the carrier shall be liable if the event causing injury is attributable to the fault or negligence of the carrier. Evidence of misconduct or negligence rests with the applicant.
3. In the event of damage resulting from the loss or damage to cabin baggage, the carrier shall be liable if the event causing the injury is attributable to the fault or negligence of the carrier. There is presumption of fault or negligence of the carrier in the event of damage caused by a maritime event.
4. In the event of damage resulting from loss or damage to baggage other than cabin baggage, the carrier shall be liable unless the carrier proves that the event causing the injury occurred without fault or negligence on its part.
5. For the purposes of this article:
(a) "maritime event" means the ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's sinking, capping, collision or grounding;
(b) "due or negligence of the carrier" includes the fault or negligence of the carrier's attendants acting in the performance of their duties;
(c) "fault of the vessel" means any malfunction, failure or lack of compliance with the applicable safety rules in respect of any part of the vessel or its equipment when used for the exit, evacuation, boarding and disembarkation of passengers; or when used for propulsion, manoeuvring, safety of navigation, mooring, mooring, arrival at a dock or at a mooring place or the departure of such a post or place, or control of damage after an invasion; or when used for the watering of life-saving equipment; and
(d) "damage" excludes punitive or exemplary damage.
6. The carrier ' s liability under this section is solely for the damage caused by events occurring during carriage. The evidence that the event generating injury occurred during the transportation, as well as the evidence of the extent of the injury, is the responsibility of the applicant.
7. Nothing in this Convention affects the carrier's rights of appeal against any third party, or prevents it from invoking concurrent negligence as a defence under Article 6 of this Convention. Nothing in this Article shall affect the right of limitation under Article 7 or Article 8 of this Convention.
8. The presumption of the fault or negligence of a party or the attribution of the burden of proof to a party does not prevent the examination of evidence in favour of that party. »
Art. 4. Replaced carrier
1. If all or part of the carriage has been entrusted to a substitute carrier, the carrier shall nevertheless be liable, under the provisions of this Convention, for all carriage. In addition, the substitute carrier, as well as its agents or agents, is subject to the provisions of this Convention and may avail itself of it for the portion of the carriage it carries out itself.
2. The carrier is responsible, with respect to the carriage carried out by the substitute carrier, for the acts and omissions of the substitute carrier as well as for its agents and agents acting in the performance of their duties.
3. Any special agreement under which the carrier assumes obligations that are not imposed by this Convention or waives any rights conferred by this Convention shall have effect with respect to the carrier substituted if the carrier agrees to be expressly and in writing.
4. When the carrier and the substitute carrier are responsible and to the extent they are responsible, their liability is in solidarity.
5. Nothing in this article shall affect the right of recourse of the carrier and the substitute carrier.
Art. 4bis. Mandatory insurance
1. Where passengers are transported on board a ship registered in a State Party that is authorized to carry more than twelve passengers and that this Convention is applicable, the carrier who effectively ensures all or part of the transport is required to subscribe to any insurance or other financial guarantee, such as the bonding of a bank or similar financial institution, to cover its liability under this Convention in respect of the death or bodily injury of passengers. The limit of compulsory insurance or other financial guarantee shall not be less than 250,000 per passenger account units for the same event.
2. A certificate certifying that an insurance or other financial guarantee is valid in accordance with the provisions of this Convention shall be issued to each vessel after the competent authority of a State Party has ascertained that it is satisfied with the requirements of paragraph 1^er. In the case of a vessel registered in a State Party, the certificate shall be issued or referred to by the competent authority of the State of Registration of the vessel; where a vessel is not registered in a State Party, the certificate may be issued or referred to by the competent authority of any State Party. The certificate must conform to the model set out in the Annex to this Convention and include the following information:
(a) name of the ship, distinguishing number or letters and port of registration;
(b) the name and place of the principal establishment of the carrier that effectively ensures all or part of the carriage;
(c) IMO vessel identification number;
(d) the type and duration of the guarantee;
(e) name and place of the principal establishment of the insurer or other person providing the financial guarantee and, where applicable, place of the establishment to which the insurance or other financial guarantee has been subscribed; and
(f) validity period of the certificate, which cannot exceed that of insurance or other financial guarantee.
3. (a) A State Party may authorize an institution or body recognized by it to issue the certificate. This institution or body shall inform this State of the issue of each certificate. In all cases, the State Party shall be fully guarantor of the complete and exact nature of the certificate thus issued and undertakes to take the necessary measures to fulfil this obligation.
(b) A State Party shall notify the Secretary-General of:
(i) specific responsibilities and conditions for the empowerment of an institution or agency recognized by it;
(ii) the withdrawal of such authorization; and
(iii) the date on which such authorization or withdrawal of such authorization takes effect.
The authorization shall not take effect before the expiration of a period of three months from the date on which a notification in this respect has been given to the Secretary-General.
(c) The institution or body authorized to issue certificates in accordance with this paragraph shall, at a minimum, be authorized to withdraw such certificates if the conditions under which they have been issued are not met. In any case, the institution or agency shall report this withdrawal to the State on whose behalf the certificate was issued.
4. The certificate is established in the official languages of the State that delivers it. If the language used is neither English, Spanish, nor French, the text includes a translation into one of these languages and, if the State so decides, the official language of that State may not be used.
5. The certificate must be on board the vessel and a copy must be filed with the authority holding the vessel's registration register or, if the vessel is not registered in a State Party, with the authority of the State that issued or targeted the certificate.
6. An insurance or other financial guarantee shall not meet the requirements of this Article if it may cease to have effect, for a reason other than the expiry of the validity period specified in the certificate, before the expiry of a period of three months from the date on which notice was given to the authority specified in paragraph 5, unless the certificate has been returned to that authority or a new certificate has been issued before the end of the period. The foregoing provisions also apply to any change in insurance or other financial guarantee that it no longer meets the requirements of this Article.
7. The State of registration of the vessel shall determine the conditions of issue and validity of the certificate, subject to the provisions of this article.
8. Nothing in this Convention shall be construed as preventing a State Party from giving faith to information obtained from other States or the Organization or other international bodies concerning the financial situation of insurers or other persons providing financial guarantee for the purposes of this Convention. In such cases, the State Party which gives faith to such information is not free from its responsibility as a State that issues the certificate.
9. The certificates issued or referred to under the authority of a State Party shall be accepted by the other States Parties for the purposes of this Convention and shall be considered by them to be of the same value as the certificates they themselves issued or intended, even when it is a ship that is not registered in a State Party. A State Party may at any time request the State which has issued or targeted the certificate to exchange views if it considers that the insurer or guarantor on 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 warranty under this section may be filed directly against the insurer or other person providing the financial guarantee. In such a case, the amount in paragraph 1^er constitutes the limit of liability of the insurer or other person providing the financial guarantee, even if the carrier or the substitute carrier is not entitled to limit its liability. The defendant may also avail himself of the defences that the carrier referred to in paragraph 1^er would be entitled to invoke in accordance with this Convention (except those arising from bankruptcy or liquidation). In addition, the defendant may avail himself of the fact that the damage is the result of an intentional fault of the insured, but he cannot avail himself of any other means of defence that he could have been justified invoking in an action brought by the insured against him. The defendant is in all cases entitled to oblige the carrier and the carrier substituted to join the proceedings.
11. All funds established by insurance or other financial guarantee under paragraph 1^er shall be available only for the payment of compensation payable under this Convention and any payment of such funds shall be free from any liability arising from this Convention on the basis of the amounts paid.
12. A State Party shall not authorize a ship subject to the provisions of this Article and flying its flag to be operated at any time if the vessel is not equipped with a certificate issued under paragraph 2 or paragraph 15.
13. Subject to the provisions of this Article, each State Party shall ensure that, under its national law, insurance or other financial guarantee in accordance with the requirements of paragraph 1 shall cover any vessel authorized to carry more than twelve passengers, irrespective of its place of registration, which touches or leaves a port of its territory, to the extent that this Convention is applicable.
14. Notwithstanding the provisions of paragraph 5, a State Party may notify the Secretary-General that, for the purposes of paragraph 13, vessels are not required to have on board or to produce the certificate prescribed in paragraph 2 when they touch or leave ports located in its territory, provided that the State Party which issues the certificate has notified the Secretary-General that it holds, in electronic form, records accessible to all States Parties, certifying the certificate of approval of paragraph 13.
15. If a ship belonging to a State Party is not covered by insurance or other financial guarantee, the relevant provisions of this Article shall not apply to it. However, the vessel shall be provided with a certificate issued by the competent authorities of the State of Registration certifying that the vessel belongs to that State and that its liability is covered by the amount prescribed in paragraph 1^er. This certificate follows as closely as possible the model prescribed in paragraph 2.
Art. 5. Value properties
The carrier is not responsible for any loss or damage to species, negotiable securities, gold, silverware, jewellery, jewellery, art objects or other valuable property, unless such value goods have been deposited with the carrier who has agreed to keep them in safety, the carrier being in that case liable to the limit set out in paragraph 3 of the lesser agreement^er of Article 10.
Art. 6. Lack of passenger
If the carrier determines that the death or bodily injury of the passenger, the loss or damage to his or her baggage is due, directly or indirectly, to the fault or negligence of the passenger, the court seized may, in accordance with the provisions of its own law, exclude or mitigate the liability of the carrier.
Art. 7. Limitation of liability for death and bodily harm
1. The carrier's liability for the death or bodily injury of a passenger under section 3 is limited, in all cases, to 400,000 account units per passenger for the same event. If, according to the law of the court seized, the allowance may be fixed as an annuity, the capital of the annuity cannot exceed that limit.
2. A State Party may specify, under express provisions of its national legislation, the limit of liability prescribed in paragraph 1^erprovided that the liability limit, if any, at the national level is not less than that prescribed in paragraph 1^er. A State Party making use of the faculty provided in this paragraph shall notify the Secretary-General of the limit of liability adopted or the fact that there are no such limits.
Art. 8. Limitation of liability for loss or damage to baggage and vehicles
1. The carrier ' s liability for loss or damage to cabin baggage is limited in all cases to 2,250 account units per passenger and transport.
2. The liability of the carrier in the event of loss or damage to vehicles, including all baggage carried in or on the vehicle, is limited, in all cases, to 12,700 account units per vehicle and by transport.
3. The liability of the carrier, in the event of loss or damage to baggage other than those referred to in paragraphs 1 and 2, is limited, in all cases, to 3,375 account units per passenger and transport.
4. The carrier and the passenger may agree that the carrier's liability is subject to a deductible not exceeding 330 account units in the event of damage to a vehicle and 149 account units per passenger in the event of loss or damage to other baggage. This amount is deducted from the amount of loss or damage.
Art. 9. Account Unit and Conversion
1. The unit of account referred to in this Convention is the special drawing right as defined by the International Monetary Fund. The amounts referred to in paragraph 1^er Article 3, paragraph 1^er Article 4bis, paragraph 1^er Article 7 and Article 8 shall be converted into the national currency of the State of which the court shall hear the dispute on the basis of the value of that currency in relation to the right of special drawing on the date of the judgment or on the date of a mutual agreement by the parties. The value, in special drawing rights, of the national currency of a State Party that is a member of the International Monetary Fund is calculated using the assessment method applied by the International Monetary Fund on the date in question for its own transactions and transactions. The value, in special drawing rights, of the national currency of a State Party that is not a member of the International Monetary Fund is calculated in the manner determined by that State Party.
2. However, a State that is not a member of the International Monetary Fund and whose legislation does not permit the application of the provisions of paragraph 1^er may, at the time of ratification, acceptance or approval of or accession to this Convention, or at any time thereafter, declare that the unit of account referred to in paragraph 1^er equal to 15 francs. The franc-gold referred to in this paragraph corresponds to sixty-five milligrams and one-half milligrams of gold for nine hundred millimes. The conversion of gold to national currency is carried out in accordance with the laws of the State in question.
3. The calculation referred to in the last sentence of paragraph 1^er and the conversion referred to in paragraph 2 shall be made so as to express in the national currency of the State Party the same real value, to the extent possible, for the amounts provided for in paragraph 1^er Article 3, paragraph 1^er Article 4bis, paragraph 1^er Article 7 and Article 8 that would arise from the application of the first three sentences of paragraph 1^er. States shall communicate to the Secretary-General their method of calculation in accordance with paragraph 1 or the results of the conversion in accordance with paragraph 2, as the case may be, when depositing their instrument of ratification, acceptance or approval of this Convention or of accession to it and whenever a change occurs in that method of calculation or in those results.
Art. 10. Additional liability limits provisions
1. The carrier and passenger may expressly and in writing agree on higher liability limits than those provided for in sections 7 and 8.
2. Interest and legal costs are not included within the limits of liability set out in Articles 7 and 8.
Art. 11. Exemptions and limits that may be invoked by carrier operators
If an action is brought against a representative or agent of the carrier or carrier substituted for any damages referred to in this Convention, such person or agent may, if he or she proves that he or she acted in the performance of his or her duties, avail himself of the exemptions and limits of liability that may be invoked by the carrier or carrier substituted under this Convention.
Art. 12. Cumulsion of liability shares
1. Where the limits of liability set out in sections 7 and 8 take effect, they apply to the total amount of the compensation that may be obtained in all the liability actions taken in the event of death or bodily injury of a passenger or loss or damage to his or her baggage.
2. With respect to the carriage carried out by a substitute carrier, the total amount of the repair that may be obtained from the carrier and the substitute carrier, as well as their attendants and agents acting in the performance of their duties, may not exceed the highest compensation that may be borne by either the carrier or the carrier substituted, under this Convention, provided that no one of the persons mentioned may be held liable for the carriage of the carrier.
3. In any case where the attendant or agent of the carrier or of the substitute carrier may, under Article 11 of this Convention, avail himself of the limits of liability referred to in Articles 7 and 8, the total amount of the repair that may be obtained from the carrier or, where applicable, from the substitute carrier and such person or agent may not exceed these limits.
Art. 13. Determination of the right to invoke limits of liability
1. The carrier shall be deprived of the benefit of the liability limits referred to in Articles 7 and 8 in paragraph 1^er Article 10, if it is proven that the damages result from an act or omission that the carrier has committed, either with the intention of causing such damage, or grievously and knowing that such damage would likely result.
2. The attendant or agent of the carrier or of the substitute carrier shall not avail himself of these limits if it is proven that the damages result from an act or omission that the agent or agent has committed, either with the intention of causing such damage, or shall be grievously and knowing that such damage would likely result.
Art. 14. Basis of actions
No action on liability, in the event of death or bodily injury of the passenger or loss or damage to baggage, may be brought against the carrier or carrier substituted, other than on the basis of this Convention.
Art. 15. Notification of loss or damage to baggage
1. The passenger must send written notifications to the carrier or its agent:
(a) in the case of apparent baggage damage:
(i) for cabin baggage, before the passenger arrives or at the time of the landing;
(ii) for all other baggage, prior to delivery or at the time of delivery;
(b) in the case of unrelated damage to baggage or loss of baggage, within fifteen days after the date of disembarkation or delivery or the date on which delivery should have taken place.
2. Failing to comply with the provisions of this article, the passenger is presumed, unless otherwise proved, to have received his baggage in good condition.
3. Written notifications are useless if the baggage condition has been the subject of a finding or an adversarial inspection at the time of receipt.
Art. 16. Limitation period for liability actions
1. Any action to remedy the injury resulting from the death or injury of a passenger, or loss or damage to baggage, shall be subject to a two-year limitation.
2. The limitation period is short:
(a) in the case of bodily injury, from the date of the passenger's landing;
(b) in the case of a death occurring during the carriage, from the date on which the passenger should have been disembarked and, in the case of bodily injury occurring during the carriage and resulting in the death of the passenger after his landing, from the date of death; However, the deadline may not exceed three years from the date of disembarkation;
(c) in the case of loss or damage to baggage, from the date of disembarkation or the date on which the disembarkation should have taken place, from the later date.
3. The law of the court before it governs the causes of suspension and interruption of limitation periods, but in no case an action brought under this Convention may be brought after one of the following deadlines:
(a) a period of five years from the date of the landing of the passenger or the date on which the landing should have taken place, the later of both dates being taken into account; or, if the expiry of the following period occurs earlier,
(b) a period of three years from the date on which the applicant was aware or reasonably should have known of the injury, loss or damage caused by the occurrence. »
4. Notwithstanding the provisions of paragraphs 1^er, 2 and 3 of this article, the limitation period may be extended by declaration of the carrier or by agreement between the parties concluded after the occurrence of the damage. Declaration and agreement must be recorded in writing.
Art. 17. Competent jurisdiction.
1. An action brought under Articles 3 and 4 of this Convention shall be brought, at the choice of the applicant, before one of the courts listed below, provided that the applicant is located in a State Party to this Convention and in accordance with the provisions of the domestic law of each State Party in respect of jurisdiction in States where several courts may be seized:
(a) the court of the State of the habitual residence or principal establishment of the defendant;
(b) the State Court of the place of departure or place of destination stipulated in the contract of carriage;
(c) the court of the State of the domicile or habitual residence of the applicant, if the defendant has a seat of his activity in that State and is subject to the jurisdiction of that State; or
(d) the State Court of the place of conclusion of the contract of carriage if the defendant has a seat of his activity and is subject to the jurisdiction of that State.
2. An action brought under Article 4bis of this Convention shall be brought, at the choice of the applicant, before one of the jurisdictions to which an action may be brought against the carrier or carrier substituted pursuant to paragraph 1^er.
3. After the event that caused the damage, the parties may agree on the jurisdiction or arbitral tribunal to which the claim for compensation must be submitted. »
Art. 17bis. Recognition and enforcement of judgements
1. Any judgment rendered by a competent court in accordance with Article 17, which is enforceable in the State of origin where it is no longer subject to an ordinary remedy, shall be recognized in any State Party except:
(a) if the judgment was obtained fraudulently; or
(b) if the defendant has not been notified in reasonable time and has been able to present his defence.
2. Any judgement recognized under paragraph 1^er is enforceable in each State Party as soon as the procedures required in that State have been completed. Such procedures shall not permit a substantive review of the application.
3. A State Party to this Protocol may apply other rules for the recognition and enforcement of judgments, provided that they have the effect of ensuring that judgments are recognized and executed to the same extent at least under paragraphs 1 and 2.
Art. 18. Nullity of contractual clauses
Any contractual stipulation, concluded before the event that caused the death or bodily injury of the passenger, or the loss or damage to the passenger's baggage, and that any person responsible under this Convention shall be exempted from his or her responsibility to the passenger or to establish a limitation of liability that is less than that set out in this Convention, except that provided for in paragraph 4 of Article 8, or to overturn the burden of proof that is the carrier^er or Article 17, paragraph 2, is null and void; but the invalidity of this provision does not result in the invalidity of the contract of carriage, which remains subject to the provisions of this Convention.
Art. 19. Other conventions on limitation of liability
This Convention does not affect the rights and obligations of the carrier, the substitute carrier and their attendants or agents as a result of the international conventions on the limitation of liability of the owners of sea vessels.
Art. 20. Nuclear damage
No person may be held liable for damage caused by a nuclear accident under this Convention:
(a) if the operator of a nuclear facility is responsible for this damage under the Paris Convention of 29 July 1960 on Civil Liability in the Field of Nuclear Energy, as amended by the Additional Protocol of 28 January 1964, or under the Vienna Convention of 21 May 1963 on Civil Liability in respect of Nuclear Damage, or under any amendment or related protocol in force; or
(b) if the operator of a nuclear facility is responsible for this damage under the national legislation governing the liability of the head of such damage, provided that this legislation is in all respects as favourable to persons liable to damage as one or the other of the Paris or Vienna Conventions, or any amendment or protocol thereto that is in force.
Art. 21. Commercial transportation by legal entities
This Convention applies to carriage by a State or other legal entities of public law on a commercial basis under a contract of carriage as defined in Article 1.
Art. 22. Declaration of non-implementation
1. When acceding to this Convention, its signature, ratification, acceptance or approval, any Party may declare in writing that it will not apply the provisions of this Convention, where the passenger and the carrier are nationals of that Party.
2. Any statement made under paragraph 1^er of this Article may be withdrawn at any time by means of a written notification addressed to the Secretary-General of the Organization.
Art. 22bis. Final clauses of the Convention
The final clauses of this Convention are Articles 17 to 25 of the 2002 Protocol to the 1974 Athens Convention relating to the carriage by sea of passengers and their baggage. In this Convention, references to States Parties are considered to be references to States Parties to this Protocol.
FINAL CLAUSES
(Articles 17 to 25 of the 2002 Protocol to the Athens Convention, 1974 relating to the carriage by sea of passengers and their baggage)
ARTICLE 17. Signature, ratification, acceptance, approval and accession
1. This Protocol shall be open for signature at United Nations Headquarters of 1^er May 2003 to 30 April 2004 and then remains open to membership.
2. States may express their consent to be bound by this Protocol by:
(a) unconditional signature of 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 in respect of all current States Parties, or after the completion of all measures required for the entry into force of the amendment to these States Parties, is deemed to apply to this Protocol as amended by the amendment.
5. A State shall not express its consent to be bound by this Protocol unless it denounces, in the event that it is a Party:
(a) the Athens Convention concerning the Carriage by Sea of Passengers and Their Baggage, made in Athens on 13 December 1974;
(b) The Protocol of the Athens Convention on the Carriage by Sea of Passengers and Their Baggage, done in London on 19 November 1976; and
(c) the 1990 Protocol amending the Athens Convention on the Carriage by Sea of Passengers and Their Baggage, done in London on 29 March 1990;
with effect from the date of entry into force of this Protocol for that State in accordance with Article 20.
ARTICLE 18. States with more than one legal regime
1. If it includes two or more territorial units in which different legal regimes are applicable in respect of matters covered in this Protocol, a State may, at the time of signature, ratification, acceptance, approval or accession, declare that this Protocol applies to all its territorial units or only to one or more of them, and it may amend that declaration by submitting another declaration to any other territorial unit.
2. The declaration shall be notified to the Secretary-General and shall expressly specify the territorial units to which this Protocol applies.
3 In the case of a State Party that made such a declaration:
(a) references to the State of registration of a ship and, in respect of a compulsory certificate of insurance, to the State which has issued or targeted the certificate, shall be construed as referring respectively to the territorial unit in which the vessel is registered and to the State that issues or targets the certificate;
(b) references to the requirements of national law, the national limit of liability and the national currency shall be interpreted as referring respectively to the requirements of law, the limit of liability and the currency of the relevant territorial unit; and
(c) references to the courts of the States Parties and the judgements to be recognized in those States shall be interpreted as referring respectively to the courts of the relevant territorial unit and to the judgements to be recognized in that territorial unit.
ARTICLE 19. Regional economic integration organizations
1. A regional economic integration organization made up of sovereign States that have transferred jurisdiction to it for certain substances covered by this Protocol may sign, ratify, accept or approve this Protocol or accede to it. A regional economic integration organization that is a Party to this Protocol shall have the rights and obligations of a State Party, to the extent that it has competence for the substances covered by this Protocol.
2. When a regional economic integration organization exercises its right to vote on matters for which it has jurisdiction, it has a number of votes equal to the number of its Member States that are Parties to this Protocol and that have transferred to the competent organization for the matter in question. A regional economic integration organization does not exercise its right to vote if its Member States exercise their right, and vice versa.
3. Where the number of States Parties is relevant for the purposes of this Protocol, including Articles 20 and 23 of this Protocol but not exclusively, the regional economic integration organization does 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 substances covered by this Protocol for which its Member States that are signatories to this Protocol or Parties to this Protocol have transferred jurisdiction to it and any other relevant restrictions as to the extent of that jurisdiction. The regional economic integration organization shall promptly notify the Secretary-General of any changes in the allocation of competencies specified in the declaration referred to in this paragraph, including new transfers of jurisdiction. Such a statement shall be communicated by the Secretary-General in accordance with Article 24 of this Protocol.
5. States Parties that are Member States of a regional economic integration organization that is a Party to this Protocol are presumed to have jurisdiction over all matters covered by this Protocol for which transfers of competence to the organization have not been expressly declared or notified under paragraph 4.
ARTICLE 20. Entry into force
1. This Protocol comes into force twelve months after the date on which 10 States either signed it without reservation as to ratification, acceptance or approval, or deposited an instrument of ratification, acceptance, approval or accession with the Secretary-General.
2. For any State ratifying, accepting, approving or acceding to it after the entry into force conditions provided for in paragraph 1^er have been completed, this Protocol comes into force three months after the date of the deposit by that State of the appropriate instrument, but not before the entry into force of this Protocol in accordance with paragraph 1^er.
ARTICLE 21. Denunciation
1. This Protocol may be denounced by any of the States Parties at any time after the date on which it comes into force with respect to that State.
2. The denunciation shall be effected by the deposit of an instrument to that effect with the Secretary-General.
3. The denunciation takes effect twelve months after the date of deposit of the denunciation instrument with the Secretary-General or at the expiry of any longer period that could be specified in that instrument.
4. Between the States Parties to this Protocol, the denunciation by any of them of the Convention in accordance with Article 25 of this Protocol shall not be construed as a denunciation of the Convention as revised by this Protocol.
ARTICLE 22. Revision and amendment
1. The Organization may convene a conference to revise or amend this Protocol.
2. The Organization shall convene a conference of the States Parties to this Protocol, to revise or amend it, at the request of at least one third of the States Parties.
ARTICLE 23. Change in limits
1. Without prejudice to the provisions of section 22, the special procedure set out in this section shall apply only to amend the limits set out in paragraph 1^er Article 3, paragraph 1^er Article 4bis, paragraph 1^er Article 7 and Article 8 of the Convention, as revised by this Protocol.
2. At the request of at least half and, in any case, of a minimum of six of the States Parties to this Protocol, any proposal to amend the limits, including franchises, as provided for in paragraph 1^er Article 3, paragraph 1^er Article 4bis, paragraph 1^er Article 7 and Article 8 of the Convention, 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 in accordance with the above procedure shall be submitted to the Legal Committee of the Organization (hereinafter referred to as the Legal Committee) for consideration by the Legal Committee at least six months after the date on which it was broadcast.
4. All States Parties to the Convention, as revised by this Protocol, whether or not they are Members of the Organization, are authorized to participate in the deliberations of the Legal Committee to consider and adopt the 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, extended in accordance with paragraph 4, provided that at least half of the States Parties to the Convention, as revised by this Protocol, are present at the time of the vote.
6. When deciding on a proposal to change the limits, the Legal Committee takes into account the experience gained in the event and, in particular, the amount of the resulting damage, currency fluctuations and the impact of the proposed amendment on the cost of insurance.
7. (a) No amendment to amend the limits under this Article shall be considered before the expiry of a five-year period from the date on which this Protocol was opened for signature, nor a five-year period from the date on which an earlier amendment was entered into force under this Article.
(b) No limit may be raised to the extent that it exceeds the limit set in the Convention, as revised by this Protocol, increased by six per cent per annum, in a compound interest, from the date on which this Protocol was opened for signature.
(c) No limit may be raised to the extent to exceed the three-fold limit set out in the Convention, as revised by this Protocol.
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 on the expiry of a period of eighteen months after the date of its notification, unless, during that period, at least one quarter of the States that were States Parties at the time of the adoption of the amendment inform the Secretary-General that they do not accept it, in which case the amendment is rejected and has no effect.
9. An amendment deemed to have been accepted pursuant to paragraph 8 comes into force eighteen months after 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 entry into force of this amendment. This denunciation takes effect when the amendment comes into force.
11. When an amendment has been adopted but the acceptance period of eighteen months has not yet expired, any State becoming a State Party during that period is bound by the amendment if it comes into force. A State that becomes a State Party after expiry of this period shall be bound by any amendment which has been accepted in accordance with paragraph 8. In the cases referred to in this paragraph, a State shall be bound by an amendment from the date of entry into force of the amendment or the date of entry into force of this Protocol in respect of that State, if the latter date is later.
ARTICLE 24. Depositary
1. This Protocol and any amendment adopted under Article 23 shall be deposited with the Secretary-General.
2. The Secretary-General:
(a) inform all States that have signed or acceded to this Protocol:
(i) any new signature or deposit of a new instrument of ratification, acceptance, approval or accession, as well as their date;
(ii) any statement and communication made under paragraphs 2 and 3 of Article 9, paragraph 1^er Article 18 and Article 19, paragraph 4, of the Convention as revised by this Protocol;
(iii) the effective date of this Protocol;
(iv) any proposal to amend the limits, which has been submitted in accordance with paragraph 2 of Article 23 of this Protocol;
(v) any amendment that has been adopted in accordance with Article 23, paragraph 5, of this Protocol;
(vi) any amendment that is deemed to have been accepted under paragraph 8 of Article 23 of this Protocol and the date on which the amendment enters into force in accordance with paragraphs 9 and 10 of that Article;
(vii) the deposit of any instrument of denunciation of this Protocol, as well as the date on which such deposit occurred and the date on which it takes effect;
(viii) any communication under any of the articles of this Protocol;
(b) transmit certified copies of this Protocol to all States that have signed or acceded to this Protocol.
3. Upon the entry into force of this Protocol, the Secretary-General shall forward the text 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 prepared in a single original copy in the English, Arabic, Chinese, Spanish, French and Russian languages, all texts being equally authentic.
DONE AT LONDRES this first November two thousand two.

Annex
ASSURANCE CERTIFICATE OR THE FINANCIAL GARANTIA ON THE RESPONSIBILITY OF MORT AND CORPORAL LESIONS OF PASSAGES
Delivered in accordance with the provisions of Article 4bis of the 2002 Athens Convention relating to the carriage by sea of passengers and their baggage

It is certified that the above-mentioned vessel is covered by an insurance policy or other financial guarantee that meets the requirements of Article 4bis of the 2002 Athens Convention relating to the carriage by sea of passengers and their baggage.
Warranty type . . . . . .
Warranty duration . . . . .
Name and address of insurer (or insurers) and/or guarantor (or guarantors)
Name . . . . .
Address . . . . . .
This certificate is valid until . . . . .
Delivered or targeted by the Government of . . . . .
. . . .
OR
The following text should be used when a State Party takes precedence over the provisions of paragraph 3 of Article 4bis:
This certificate is issued under the authority of the Government of . . . . .
(complete name of the State) by . . . . (name of the institution or agency)
A. . . . . . . . . . .
(place) (date)
. . . . . .
(signature and title of an employee who issues or targets the certificate)
Explanatory notes:
1. By designating the State, it is possible, if desired, to mention the competent public authority of the country in which the certificate is issued.
2. When the total amount of the warranty comes from a number of sources, the amount provided by each of them should be indicated.
3. When the warranty is provided in several forms, they should be listed.
4. In the "Duration of the warranty", the date on which the guarantee takes effect should be specified.
5. In the "Address of the insurer (or insurers) and/or the guarantor (or guarantors)", the address of the principal insurer (or insurers) and/or the guarantor (or guarantors) must be indicated. If necessary, the place of the establishment to which the insurance or guarantee was signed must be indicated.

Protocol 2002 to the 1974 Athens Convention on the Carriage by Sea of Passengers and Their Baggage, done in London on 1^er November 2002

2002 PROTOCOL
the 1974 Athens Convention relating to the Carriage by Sea of Passengers and Their Baggage
States Parties to this Protocol,
CONSIDERING that it is desirable to revise the Athens Convention relative to the Carriage by Sea of Passengers and their Baggage, made in Athens on 13 December 1974, in order to offer greater compensation, to introduce an objective liability, to introduce a simplified procedure for the updating of limits and to guarantee mandatory insurance for passengers,
RECALLING that the 1976 Protocol of the Convention introduces the right to special drawing as an account unit instead of the free gold,
ANYTHING that the 1990 Protocol amending the Convention, which provides for increased compensation and introduces a simplified procedure for updating limitation amounts, has not entered into force,
AGAINST the following:
ARTICLE 1^er
For the purposes of this Protocol:
1. "Convention" means the text of the 1974 Athens Convention relating to the carriage by sea of passengers and their baggage.
2. "Organization" means the International Maritime Organization.
3. "Secretary-General" means the Secretary-General of the Organization.
ARTICLE 2
Paragraph 1^er of Article 1^er the Convention is replaced by the following text:
« 1
(a) "carrier" means a person by whom or on behalf of whom a contract of carriage has been concluded, whether the carriage is actually provided by that person or by a substitute carrier;
(b) "substituted carrier" means a person other than the carrier, be it the owner, charterer or operator of a ship, who effectively ensures all or part of the transportation; and
(c) "carrier that actually ensures all or part of the transport" means the carrier substituted, or the carrier to the extent that the carrier actually transports. »
ARTICLE 3
1. Paragraph 10 of Article 1^er the Convention is replaced by the following text:
“10.” "Organization" means the International Maritime Organization. "
2. The following text is added as paragraph 11 of Article 1^er of the Convention:
"11 Secretary General" means the Secretary General of the Organization. »
ARTICLE 4
Article 3 of the Convention is replaced by the following text:
“Article 3. Liability of the carrier
1. In the event of injury resulting from the death or bodily injury of a passenger caused by a marine occurrence, the carrier is liable to the extent that the passenger's injury to a single event does not exceed 250,000 account units, unless the carrier proves that the event:
(a) the result of an act of war, hostility, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or
(b) is the result of the fact that a third party deliberately acted or omitted to act in the intention of causing the event.
If and to the extent that the injury exceeds the above-mentioned limit, the carrier is also liable unless it proves that the event causing the injury occurred without fault or negligence on its part.
2. In the event of injury resulting from the death or bodily injury of a passenger not caused by a marine event, the carrier shall be liable if the event causing injury is attributable to the fault or negligence of the carrier. Evidence of misconduct or negligence rests with the applicant.
3. In the event of damage resulting from the loss or damage to cabin baggage, the carrier shall be liable if the event causing the injury is attributable to the fault or negligence of the carrier. There is presumption of fault or negligence of the carrier in the event of damage caused by a maritime event.
4. In the event of damage resulting from loss or damage to baggage other than cabin baggage, the carrier shall be liable unless the carrier proves that the event causing the injury occurred without fault or negligence on its part.
5. For the purposes of this article:
(a) "maritime event" means the ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's ship's sinking, capping, collision or grounding;
(b) "due or negligence of the carrier" includes the fault or negligence of the carrier's attendants acting in the performance of their duties;
(c) "fault of the vessel" means any malfunction, failure or lack of compliance with the applicable safety rules in respect of any part of the vessel or its equipment when used for the exit, evacuation, boarding and disembarkation of passengers; or when used for propulsion, manoeuvring, safety of navigation, mooring, mooring, arrival at a dock or at a mooring place or the departure of such a post or place, or control of damage after an invasion; or when used for the watering of life-saving equipment; and
(d) "damage" excludes punitive or exemplary damage.
6. The carrier ' s liability under this section is solely for the damage caused by events occurring during carriage. The evidence that the event generating injury occurred during the transportation, as well as the evidence of the extent of the injury, is the responsibility of the applicant.
7. Nothing in this Convention affects the carrier's rights of appeal against any third party, or prevents it from invoking concurrent negligence as a defence under Article 6 of this Convention. Nothing in this Article shall affect the right of limitation under Article 7 or Article 8 of this Convention.
8. The presumption of the fault or negligence of a party or the attribution of the burden of proof to a party does not prevent the examination of evidence in favour of that party. »
ARTICLE 5
The following text is added as article 4bis of the Convention:
“Article 4bis. Mandatory insurance
1. Where passengers are transported on board a ship registered in a State Party that is authorized to carry more than twelve passengers and that this Convention is applicable, the carrier who effectively ensures all or part of the transport is required to subscribe to any insurance or other financial guarantee, such as the bonding of a bank or similar financial institution, to cover its liability under this Convention in respect of the death or bodily injury of passengers. The limit of compulsory insurance or other financial guarantee shall not be less than 250,000 per passenger account units for the same event.
2. A certificate certifying that an insurance or other financial guarantee is valid in accordance with the provisions of this Convention shall be issued to each vessel after the competent authority of a State Party has ascertained that it is satisfied with the requirements of paragraph 1. In the case of a vessel registered in a State Party, the certificate shall be issued or referred to by the competent authority of the State of Registration of the vessel; where a vessel is not registered in a State Party, the certificate may be issued or referred to by the competent authority of any State Party. The certificate must conform to the model set out in the Annex to this Convention and include the following information:
(a) name of the ship, distinguishing number or letters and port of registration;
(b) the name and place of the principal establishment of the carrier that effectively ensures all or part of the carriage;
(c) IMO vessel identification number;
(d) the type and duration of the guarantee;
(e) name and place of the principal establishment of the insurer or other person providing the financial guarantee and, where applicable, place of the establishment to which the insurance or other financial guarantee has been subscribed; and
(f) validity period of the certificate, which cannot exceed that of insurance or other financial guarantee.
3. (a) A State Party may authorize an institution or body recognized by it to issue the certificate. This institution or body shall inform this State of the issue of each certificate. In all cases, the State Party shall be fully guarantor of the complete and exact nature of the certificate thus issued and undertakes to take the necessary measures to fulfil this obligation.
(b) A State Party shall notify the Secretary-General of:
(i) specific responsibilities and conditions for the empowerment of an institution or agency recognized by it;
(ii) the withdrawal of such authorization; and
(iii) the date on which such authorization or withdrawal of such authorization takes effect.
The authorization shall not take effect before the expiration of a period of three months from the date on which a notification in this respect has been given to the Secretary-General.
(c) The institution or body authorized to issue certificates in accordance with this paragraph shall, at a minimum, be authorized to withdraw such certificates if the conditions under which they have been issued are not met. In any case, the institution or agency shall report this withdrawal to the State on whose behalf the certificate was issued.
4. The certificate is established in the official languages of the State that delivers it. If the language used is neither English, Spanish, nor French, the text includes a translation into one of these languages and, if the State so decides, the official language of that State may not be used.
5. The certificate must be on board the vessel and a copy must be filed with the authority holding the vessel's registration register or, if the vessel is not registered in a State Party, with the authority of the State that issued or targeted the certificate.
6. An insurance or other financial guarantee shall not meet the requirements of this Article if it may cease to have effect, for a reason other than the expiry of the validity period specified in the certificate, before the expiry of a period of three months from the date on which notice was given to the authority specified in paragraph 5, unless the certificate has been returned to that authority or a new certificate has been issued before the end of the period. The foregoing provisions also apply to any change in insurance or other financial guarantee that it no longer meets the requirements of this Article.
7. The State of registration of the vessel shall determine the conditions of issue and validity of the certificate, subject to the provisions of this article.
8. Nothing in this Convention shall be construed as preventing a State Party from giving faith to information obtained from other States or the Organization or other international bodies concerning the financial situation of insurers or other persons providing financial guarantee for the purposes of this Convention. In such cases, the State Party which gives faith to such information is not free from its responsibility as a State that issues the certificate.
9. The certificates issued or referred to under the authority of a State Party shall be accepted by the other States Parties for the purposes of this Convention and shall be considered by them to be of the same value as the certificates they themselves issued or intended, even when it is a ship that is not registered in a State Party. A State Party may at any time request the State which has issued or targeted the certificate to exchange views if it considers that the insurer or guarantor on 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 warranty under this section may be filed directly against the insurer or other person providing the financial guarantee. In such a case, the amount in paragraph 1 is the limit of the liability of the insurer or other person providing the financial guarantee, even if the carrier or the substitute carrier is not entitled to limit its liability. The defendant may also avail himself of the means of defence that the carrier referred to in paragraph 1 would be entitled to invoke in accordance with this Convention (except those derived from bankruptcy or liquidation). In addition, the defendant may avail himself of the fact that the damage is the result of an intentional fault of the insured, but he cannot avail himself of any other means of defence that he could have been justified invoking in an action brought by the insured against him. The defendant is in all cases entitled to oblige the carrier and the carrier substituted to join the proceedings.
11. All funds made up of insurance or other financial guarantees under paragraph 1 shall be available only for the payment of benefits due under this Convention and any payment of such funds shall be free from any liability arising from this Convention on the basis of the amounts paid.
12. A State Party shall not authorize a ship subject to the provisions of this Article and flying its flag to be operated at any time if the vessel is not equipped with a certificate issued under paragraph 2 or paragraph 15.
13. Subject to the provisions of this Article, each State Party shall ensure that, under its national law, insurance or other financial guarantee in accordance with the requirements of paragraph 1^er covers any vessel authorized to carry more than twelve passengers, irrespective of its place of registration, which touches or leaves a port of its territory, to the extent that this Convention is applicable.
14. Notwithstanding the provisions of paragraph 5, a State Party may notify the Secretary-General that, for the purposes of paragraph 13, vessels are not required to have on board or to produce the certificate prescribed in paragraph 2 when they touch or leave ports located in its territory, provided that the State Party which issues the certificate has notified the Secretary-General that it holds, in electronic form, records accessible to all States Parties, certifying the certificate of approval of paragraph 13.
15. If a ship belonging to a State Party is not covered by insurance or other financial guarantee, the relevant provisions of this Article shall not apply to it. However, the vessel shall be provided with a certificate issued by the competent authorities of the State of Registration certifying that the vessel belongs to that State and that its liability is covered by the amount prescribed in paragraph 1^er. This certificate follows as closely as possible the model prescribed in paragraph 2. »
ARTICLE 6
Article 7 of the Convention is replaced by the following text:
“Article 7. Limit of liability for death and bodily harm
1. The carrier's liability for the death or bodily injury of a passenger under section 3 is limited, in all cases, to 400,000 account units per passenger for the same event. If, according to the law of the court seized, the allowance may be fixed as an annuity, the capital of the annuity cannot exceed that limit.
2. A State Party may specify, under express provisions of its national legislation, the limit of liability prescribed in paragraph 1^erprovided that the liability limit, if any, at the national level is not less than that prescribed in paragraph 1^er. A State Party making use of the faculty provided in this paragraph shall notify the Secretary-General of the limit of liability adopted or the fact that there are no such limits. »
ARTICLE 7
Article 8 of the Convention is replaced by the following text:
“Article 8. Limitation of liability for loss or damage to baggage and vehicles
1. The carrier ' s liability for loss or damage to cabin baggage is limited in all cases to 2,250 account units per passenger and transport.
2. The liability of the carrier in the event of loss or damage to vehicles, including all baggage carried in or on the vehicle, is limited, in all cases, to 12,700 account units per vehicle and by transport.
3. The liability of the carrier in the event of loss or damage to baggage other than those referred to in paragraphs 1^er and 2, in all cases, is limited to 3,375 account units per passenger and per transport.
4. The carrier and the passenger may agree that the carrier's liability is subject to a deductible not exceeding 330 account units in the event of damage to a vehicle and 149 account units per passenger in the event of loss or damage to other baggage. This amount is deducted from the amount of loss or damage. »
ARTICLE 8
Article 9 of the Convention is replaced by the following text:
“Article 9. Account Unit and Conversion
1. The unit of account referred to in this Convention is the special drawing right as defined by the International Monetary Fund. The amounts referred to in paragraph 1^er Article 3, paragraph 1 of Article 4bis, paragraph 1^er Article 7 and Article 8 shall be converted into the national currency of the State of which the court shall hear the dispute on the basis of the value of that currency in relation to the right of special drawing on the date of the judgment or on the date of a mutual agreement by the parties. The value, in special drawing rights, of the national currency of a State Party that is a member of the International Monetary Fund is calculated using the assessment method applied by the International Monetary Fund on the date in question for its own transactions and transactions. The value, in special drawing rights, of the national currency of a State Party that is not a member of the International Monetary Fund is calculated in the manner determined by that State Party.
2. However, a State that is not a member of the International Monetary Fund and whose legislation does not permit the application of the provisions of paragraph 1^er may, at the time of ratification, acceptance or approval of or accession to this Convention, or at any time thereafter, declare that the unit of account referred to in paragraph 1^er equal to 15 francs. The franc-gold referred to in this paragraph corresponds to sixty-five milligrams and one-half milligrams of gold for nine hundred millimes. The conversion of gold to national currency is carried out in accordance with the laws of the State in question.
3. The calculation referred to in the last sentence of paragraph 1^er and the conversion referred to in paragraph 2 shall be made so as to express in the national currency of the State Party the same real value, to the extent possible, for the amounts provided for in paragraph 1^er Article 3, paragraph 1^er Article 4bis, paragraph 1^er Article 7 and Article 8 that would arise from the application of the first three sentences of paragraph 1^er. States shall communicate to the Secretary-General their method of calculation in accordance with paragraph 1^er or the results of the conversion in accordance with paragraph 2, as the case may be, when depositing their instrument of ratification, acceptance or approval of this Convention or of accession to it and whenever a change occurs in that method of calculation or in those results. »
ARTICLE 9
Paragraph 3 of Article 16 of the Convention is replaced by the following text:
“3. The law of the court before it governs the causes of suspension and interruption of limitation periods, but in no case an action brought under this Convention may be brought after one of the following deadlines:
(a) a period of five years from the date of the landing of the passenger or the date on which the landing should have taken place, the later of both dates being taken into account; or, if the expiry of the following period occurs earlier,
(b) a period of three years from the date on which the applicant was aware or reasonably should have known of the injury, loss or damage caused by the occurrence. »
ARTICLE 10
Article 17 of the Convention is replaced by the following text:
“Article 17. Competent jurisdiction
1. An action brought under Articles 3 and 4 of this Convention shall be brought, at the choice of the applicant, before one of the courts listed below, provided that the applicant is located in a State Party to this Convention and in accordance with the provisions of the domestic law of each State Party in respect of jurisdiction in States where several courts may be seized:
(a) the court of the State of the habitual residence or principal establishment of the defendant;
(b) the State Court of the place of departure or place of destination stipulated in the contract of carriage;
(c) the court of the State of the domicile or habitual residence of the applicant, if the defendant has a seat of his activity in that State and is subject to the jurisdiction of that State; or
(d) the State Court of the place of conclusion of the contract of carriage if the defendant has a seat of his activity and is subject to the jurisdiction of that State.
2. An action brought under Article 4bis of this Convention shall be brought, at the choice of the applicant, before one of the jurisdictions to which an action may be brought against the carrier or carrier substituted pursuant to paragraph 1^er.
3. After the event that caused the damage, the parties may agree on the jurisdiction or arbitral tribunal to which the claim for compensation must be submitted. »
ARTICLE 11
The following text is added as Article 17 bis of the Convention:
"Article 17bis. Recognition and enforcement of judgements
1. Any judgment rendered by a competent court in accordance with Article 17, which is enforceable in the State of origin where it is no longer subject to an ordinary remedy, shall be recognized in any State Party except:
(a) if the judgment was obtained fraudulently; or
(b) if the defendant has not been notified in reasonable time and has been able to present his defence.
2. Any judgement recognized under paragraph 1^er is enforceable in each State Party as soon as the procedures required in that State have been completed. Such procedures shall not permit a substantive review of the application.
3. A State Party to this Protocol may apply other rules for the recognition and enforcement of judgments, provided that they have the effect of ensuring that judgments are recognized and executed to the same extent at least under paragraphs 1^er and 2. »
ARTICLE 12
Article 18 of the Convention is replaced by the following text:
“Article 18. Nullity of contractual clauses
Any contractual stipulation, concluded before the event that caused the death or bodily injury of the passenger, or the loss or damage to the passenger's baggage, and that any person liable under this Convention shall be exempted from his or her responsibility to the passenger or to establish a limitation of liability that is less than that set out in this Convention, except that provided for in paragraph 4 of Article 8, or to overturn the burden of proof that is but the invalidity of this provision does not result in the invalidity of the contract of carriage, which remains subject to the provisions of this Convention. »
ARTICLE 13
Article 20 of the Convention is replaced by the following text:
“Article 20. Nuclear damage
No person may be held liable for damage caused by a nuclear accident under this Convention:
(a) if the operator of a nuclear facility is responsible for this damage under the Paris Convention of 29 July 1960 on Civil Liability in the Field of Nuclear Energy, as amended by the Additional Protocol of 28 January 1964, or under the Vienna Convention of 21 May 1963 on Civil Liability in respect of Nuclear Damage, or under any amendment or related protocol in force; or
(b) if the operator of a nuclear facility is responsible for this damage under the national legislation governing the liability of the head of such damage, provided that this legislation is in all respects as favourable to persons liable to damage as one or the other of the Paris or Vienna Conventions, or any amendment or protocol thereto that is in force. »
ARTICLE 14. Certificate model
1. The certificate model annexed 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 1^erbis. Annex
The Annex to this Convention is an integral part of the Convention. »
ARTICLE 15. Interpretation and application
1. The Convention and this Protocol shall be, between the Parties to this Protocol, considered and interpreted as forming a single instrument.
2. The Convention, as revised by this Protocol, applies only to claims arising from events arising after the entry into force of this Protocol in respect of each State.
3. Articles 1^er to 22 of the Convention, as revised by this Protocol, in conjunction with Articles 17 to 25 of this Protocol and its annex, constitute and are referred to the 2002 Athens Convention relating to the Carriage by Sea of Passengers and Their Baggage.
ARTICLE 16
The following text is added as Article 22 bis of the Convention.
"Article 22bis. Final clauses of the Convention
The final clauses of this Convention are Articles 17 to 25 of the 2002 Protocol to the 1974 Athens Convention relating to the carriage by sea of passengers and their baggage. In this Convention, references to States Parties are considered to be references to States Parties to this Protocol. »
FINAL CLAUSES
ARTICLE 17. Signature, ratification,
acceptance, approval and accession
1. This Protocol shall be open for signature at United Nations Headquarters of 1^er May 2003 to 30 April 2004 and then remains open to membership.
2. States may express their consent to be bound by this Protocol by:
(a) unconditional signature of 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 in respect of all current States Parties, or after the completion of all measures required for the entry into force of the amendment to these States Parties, is deemed to apply to this Protocol as amended by the amendment.
5. A State shall not express its consent to be bound by this Protocol unless it denounces, in the event that it is a Party:
(a) the Athens Convention concerning the Carriage by Sea of Passengers and Their Baggage, made in Athens on 13 December 1974;
(b) The Protocol of the Athens Convention on the Carriage by Sea of Passengers and Their Baggage, done in London on 19 November 1976; and
(c) the 1990 Protocol amending the Athens Convention on the Carriage by Sea of Passengers and Their Baggage, done in London on 29 March 1990;
with effect from the date of entry into force of this Protocol for that State in accordance with Article 20.
ARTICLE 18. States with more than one legal regime
1. If it includes two or more territorial units in which different legal regimes are applicable in respect of matters covered in this Protocol, a State may, at the time of signature, ratification, acceptance, approval or accession, declare that this Protocol applies to all its territorial units or only to one or more of them, and it may amend that declaration by submitting another declaration to any other territorial unit.
2. The declaration shall be notified to the Secretary-General and shall expressly specify the territorial units to which this Protocol applies.
3. In the case of a State Party that made such a declaration:
(a) references to the State of registration of a ship and, in respect of a compulsory certificate of insurance, to the State which has issued or targeted the certificate, shall be construed as referring respectively to the territorial unit in which the vessel is registered and to the State that issues or targets the certificate;
(b) references to the requirements of national law, the national limit of liability and the national currency shall be interpreted as referring respectively to the requirements of law, the limit of liability and the currency of the relevant territorial unit; and
(c) references to the courts of the States Parties and the judgements to be recognized in those States shall be interpreted as referring respectively to the courts of the relevant territorial unit and to the judgements to be recognized in that territorial unit.
ARTICLE 19. Regional economic integration organizations
1. A regional economic integration organization made up of sovereign States that have transferred jurisdiction to it for certain substances covered by this Protocol may sign, ratify, accept or approve this Protocol or accede to it. A regional economic integration organization that is a Party to this Protocol shall have the rights and obligations of a State Party, to the extent that it has competence for the substances covered by this Protocol.
2. When a regional economic integration organization exercises its right to vote on matters for which it has jurisdiction, it has a number of votes equal to the number of its Member States that are Parties to this Protocol and that have transferred to the competent organization for the matter in question. A regional economic integration organization does not exercise its right to vote if its Member States exercise their right, and vice versa.
3. Where the number of States Parties is relevant for the purposes of this Protocol, including Articles 20 and 23 of this Protocol but not exclusively, the regional economic integration organization does 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 substances covered by this Protocol for which its Member States that are signatories to this Protocol or Parties to this Protocol have transferred jurisdiction to it and any other relevant restrictions as to the extent of that jurisdiction. The regional economic integration organization shall promptly notify the Secretary-General of any changes in the allocation of competencies specified in the declaration referred to in this paragraph, including new transfers of jurisdiction. Such a statement shall be communicated by the Secretary-General in accordance with Article 24 of this Protocol.
5. States Parties that are Member States of a regional economic integration organization that is a Party to this Protocol are presumed to have jurisdiction over all matters covered by this Protocol for which transfers of competence to the organization have not been expressly declared or notified under paragraph 4.
ARTICLE 20. Entry into force
1. This Protocol comes into force twelve months after the date on which ten States either signed it without reservation as to ratification, acceptance or approval, or deposited an instrument of ratification, acceptance, approval or accession with the Secretary-General.
2. For any State ratifying, accepting, approving or acceding to it after the entry into force conditions provided for in paragraph 1^er have been completed, this Protocol comes into force three months after the date of the deposit by that State of the appropriate instrument, but not before the entry into force of this Protocol in accordance with paragraph 1^er.
ARTICLE 21. Denunciation
1. This Protocol may be denounced by any of the States Parties at any time after the date on which it comes into force with respect to that State.
2. The denunciation shall be effected by the deposit of an instrument to that effect with the Secretary-General.
3. The denunciation takes effect twelve months after the date of deposit of the denunciation instrument with the Secretary-General or at the expiry of any longer period that could be specified in that instrument.
4. Between the States Parties to this Protocol, the denunciation by any of them of the Convention in accordance with Article 25 of this Protocol shall not be construed as a denunciation of the Convention as revised by this Protocol.
ARTICLE 22. Revision and amendment
1. The Organization may convene a conference to revise or amend this Protocol.
2. The Organization shall convene a conference of the States Parties to this Protocol, to revise or amend it, at the request of at least one third of the States Parties.
ARTICLE 23. Change in limits
1. Without prejudice to the provisions of section 22, the special procedure set out in this section shall apply only to amend the limits set out in paragraph 1^er Article 3, paragraph 1^er Article 4bis, paragraph 1^er Article 7 and Article 8 of the Convention, as revised by this Protocol.
2. At the request of at least half and, in any case, of a minimum of six of the States Parties to this Protocol, any proposal to amend the limits, including franchises, as provided for in paragraph 1^er Article 3, paragraph 1^er Article 4bis, paragraph 1^er Article 7 and Article 8 of the Convention, 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 in accordance with the above procedure shall be submitted to the Legal Committee of the Organization (hereinafter referred to as the Legal Committee) for its consideration by the Legal Committee
At least six months after the date it was broadcast.
4. All States Parties to the Convention, as revised by this Protocol, whether or not they are Members of the Organization, are authorized to participate in the deliberations of the Legal Committee to consider and adopt the 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, extended in accordance with paragraph 4, provided that at least half of the States Parties to the Convention, as revised by this Protocol, are present at the time of the vote.
6. When deciding on a proposal to change the limits, the Legal Committee takes into account the experience gained in the event and, in particular, the amount of the resulting damage, currency fluctuations and the impact of the proposed amendment on the cost of insurance.
7. (a) No amendment to amend the limits under this Article shall be considered before the expiry of a five-year period from the date on which this Protocol was opened for signature, nor a five-year period from the date on which an earlier amendment was entered into force under this Article.
(b) No limit may be raised to the extent that it exceeds the limit set in the Convention, as revised by this Protocol, increased by six per cent per annum, in a compound interest, from the date on which this Protocol was opened for signature.
(c) No limit may be raised to the extent to exceed the three-fold limit set out in the Convention, as revised by this Protocol.
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 on the expiry of a period of eighteen months after the date of its notification, unless, during that period, at least one quarter of the States that were States Parties at the time of the adoption of the amendment inform the Secretary-General that they do not accept it, in which case the amendment is rejected and has no effect.
9. An amendment deemed to have been accepted pursuant to paragraph 8 comes into force eighteen months after acceptance.
10. All States Parties shall be bound by the amendment unless they denounce this Protocol in accordance with paragraphs 1^er and 2 of Article 21, at least six months before the entry into force of this amendment. This denunciation takes effect when the amendment comes into force.
11. When an amendment has been adopted but the acceptance period of eighteen months has not yet expired, any State becoming a State Party during that period is bound by the amendment if it comes into force. A State that becomes a State Party after expiry of this period shall be bound by any amendment which has been accepted in accordance with paragraph 8. In the cases referred to in this paragraph, a State shall be bound by an amendment from the date of entry into force of the amendment or the date of entry into force of this Protocol in respect of that State, if the latter date is later.
ARTICLE 24. Depositary
1. This Protocol and any amendment adopted under Article 23 shall be deposited with the Secretary-General.
2. The Secretary-General:
(a) inform all States that have signed or acceded to this Protocol:
(i) any new signature or deposit of a new instrument of ratification, acceptance, approval or accession, as well as their date;
(ii) any statement and communication made under paragraphs 2 and 3 of Article 9, paragraph 1^er Article 18 and Article 19, paragraph 4, of the Convention as revised by this Protocol;
(iii) the effective date of this Protocol;
(iv) any proposal to amend the limits, which has been submitted in accordance with paragraph 2 of Article 23 of this Protocol;
(v) any amendment that has been adopted in accordance with Article 23, paragraph 5, of this Protocol;
(vi) any amendment that is deemed to have been accepted under paragraph 8 of Article 23 of this Protocol and the date on which the amendment enters into force in accordance with paragraphs 9 and 10 of that Article;
(vii) the deposit of any instrument of denunciation of this Protocol, as well as the date on which such deposit occurred and the date on which it takes effect;
(viii) any communication under any of the articles of this Protocol;
(b) transmit certified copies of this Protocol to all States that have signed or acceded to this Protocol.
3. Upon the entry into force of this Protocol, the Secretary-General shall forward the text 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 prepared in a single original copy in the English, Arabic, Chinese, Spanish, French and Russian languages, all texts being equally authentic.
DONE AT LONDRES this first November two thousand two.

Annex
ASSURANCE CERTIFICATE OR THE FINANCIAL GARANTIA ON THE RESPONSIBILITY OF MORT AND CORPORAL LESIONS OF PASSAGES
Delivered in accordance with the provisions of Article 4bis of the 2002 Athens Convention relating to the carriage by sea of passengers and their baggage

It is certified that the above-mentioned vessel is covered by an insurance policy or other financial guarantee that meets the requirements of Article 4bis of the 2002 Athens Convention relating to the carriage by sea of passengers and their baggage.
Type of guarantee
Warranty period
Name and address of insurer (or insurers) and/or guarantor (or guarantors)
Name
Address
This certificate is valid until
Issued or targeted by the government
(complete state name)
OR
The following text should be used when a State Party takes precedence over the provisions of paragraph 3 of Article 4bis:
This certificate is issued under the authority of the government of ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
(place) (date)
(signature and title of an employee who issues or targets the certificate)
Explanatory notes:
1. By designating the State, it is possible, if desired, to mention the competent public authority of the country in which the certificate is issued.
2. When the total amount of the warranty comes from a number of sources, the amount provided by each of them should be indicated.
3. When the warranty is provided in several forms, they should be listed.
4. In the "Term of warranty" section, the date on which the guarantee takes effect should be specified.
5. The address of the insurer (or insurers) and/or the guarantor (or guarantors) should be indicated in the address of the principal insurer (or insurers) and/or the guarantor (or guarantors). If necessary, the place of the establishment to which the insurance or guarantee was signed must be indicated.

IMO DIRECTRICES FOR THE APPLATION OF THE ATHENES CONVENTION
(extract from "IMO Guidelines for the Application of the Athens Convention" adopted by the Legal Committee of the International Maritime Organization on October 19, 2006
Guidelines
2. Given the current state of the insurance market, States Parties should issue insurance certificates on the basis of an undertaking by an insurer covering the war risks and another insurer covering the non-war-related risks. Each insurer should only be responsible for the part it undertakes to ensure. The following rules should apply (the clauses mentioned are set out in Appendix A):
2.1. Insurance including the risk of war and insurance excluding the risk of war may be subject to the following clauses:
2.1.1. Article of the Institute excluding radioactive contamination and biological, biochemical and electromagnetic chemical weapons (clause No. 370);
2.1.2. Article of the Institute excluding cyber-attacks (clause No. 380);
2.1.3. exceptions and limitations imposed by the supplier of a mandatory financial guarantee under the Convention, as amended by these Guidelines, in particular the limit of 250,000 per passenger account units for the same event;
2.1.4. the reservation that insurance shall cover only amounts of liability under the Convention, as amended by these Guidelines; and
2.1.5. the reservation that any amount paid under the Convention shall be used to reduce the amount that the carrier and/or its insurer will be/will still be required to pay under Article 4bis of the Convention, even if that amount has not been paid by the insurer covering the war risks or the insurer not covering the war risks, or claimed by one of them.
2.2. The insurance including the risk of war shall cover liability, if any, for damage resulting from the death or bodily injury of a passenger caused by the following risks:
- war, civil war, revolution, rebellion, insurrection, or resulting civil conflict, or any hostile act committed by or against a belligerent power;
- capture, confiscation, seizure, constraint or detention and their consequences, or attempted capture, confiscation, seizure, constraint or detention;
- abandoned mines, torpedoes or bombs or other abandoned weapons of war;
- act of terrorism or of a criminal or political nature and any measures taken to prevent or counter such a risk;
- confiscation and expropriation;
but may be subject to the following exclusions, limitations and conditions:
2.2.1. War risk exclusion clause and automatic cancellation of coverage.
2.2.2. In the event that the total amount of the respective claims of the passengers would exceed the total amount of 340 million account units per ship for the same event, the carrier is entitled to invoke the limitation of its liability for an amount of 340 million account units, on the understanding that:
- this amount should be apportioned among creditors on the basis of their respective receivables admitted;
- this amount may be distributed in one or more instalments to known creditors at the time of sharing; and
- the sharing of this amount may be carried out by the insurer or by the court or other competent authority seized by the insurer in any State Party in which an action is made in respect of claims that are supposed to be covered by the insurance.
2.2.3. 30-day notice clause in cases not covered in 2.2.1
2.3. The insurance excluding the risk of war should cover all risks covered by mandatory insurance other than those listed in 2.2, whether or not they are subject to the exclusions, limitations or conditions set out in 2.1 and 2.2.
3. Models of insurer commitments ("blue cards") and insurance certificates, in accordance with these Guidelines, are contained in Appendix B.
Appendix A
Insurance clauses referred to in paragraphs 2.1.1, 2.1.2 and 2.2.1 of the Guidelines
Article of the Institute excluding radioactive contamination and chemical, biological, biochemical and electromagnetic weapons (Cl. 370, 10/11/2003)
This clause is pre-eminent and prevails over any other conflicting provision in this policy.
1. This policy does not cover any harm, civil liability or expenses caused, induced or otherwise caused by:
1.1. ionizing radiation or radioactivity contamination produced by nuclear fuel or nuclear residue whatever or by the combustion of nuclear fuel;
1.2. radioactive, toxic, explosive or other potentially hazardous or contaminating properties of a nuclear facility, nuclear reactor or any of their other nuclear components or components;
1.3. any weapon or device using fission and/or atomic or nuclear fusion or any other similar reaction or force or radioactive material;
1.4. radioactive, toxic, explosive or potentially dangerous or contaminating properties of any radioactive material. The exclusion referred to in this clause does not extend to radioactive isotopes other than nuclear fuel when these isotopes are prepared, transported, stored or used for commercial, agricultural, medical, scientific or other peaceful purposes;
1.5. any chemical, biological, biochemical or electromagnetic weapon.
Article of the Institute excluding cyber attacks (Cl. 380, 10/11/03)
1. Subject to paragraph 2 below of the clause, this policy does not cover in any case any harm, civil liability or expenses caused, induced or otherwise caused by the use or operation, for the purpose of causing harm, of a computer, computer system, software, malicious code, virus or computer processing or other electronic system.
2. If this clause is guaranteed by a police covering the risks of war, civil war, revolution, rebellion, insurrection, or civil conflict resulting from it, or any hostile act committed by or against a belligerent power or any act of terrorism or political character, paragraph 1 of the clause does not allow for the exclusion of any damage (which without it would be covered) arising from the use of a computer, computer system or software or other electronic system for the purpose of launching or
Automatic termination of coverage of war risks and exclusion
1.1. Automatic termination of coverage
Whether or not the notice of cancellation has been notified, coverage of the war risks under this policy, etc., IS ONLY RESILE:
1.1.1. at the outbreak of a war (with or without a declaration) between two or more of the following countries: United Kingdom, United States of America, France, Russian Federation, People's Republic of China;
1.1.2. in respect of any vessel for which coverage is granted under this policy, in the event of requisition of that vessel for possession or use.
1.2. War between the five great powers
This policy excludes:
1.2.1. damages, civil liability or expenses that originate: the outbreak of a war (with or without a declaration) between two or more of the following countries: United Kingdom, United States of America, France, Russian Federation, People's Republic of China; and
1.2.2. requisition for possession or use.
Appendix B
I. Examples of insurer commitments (blue cards) in the Guidelines
Blue card issued by insurers covering war risks
Certificate in place of proof of insurance under Article 4bis of the 2002 Athens Convention relating to the carriage by sea of passengers and their baggage
Ship name:
IMO Ship Identification Number:
Port of registration:
Owner's name and address:
It is certified that the above-mentioned vessel, as long as it belongs to the owner whose name is above, is covered by an insurance policy that meets the requirements of Article 4bis of the 2002 Athens Convention on the Carriage by Sea of Passengers and their Baggage, subject to all exclusions and limitations provided for compulsory insurance covering the war risks under the Convention and the following Guidelines of Application adopted in October 2006 by the
Period of validity of the police
Du :
At:
On the understanding that the insurer has the opportunity to cancel this certificate by providing a written notice of thirty days to the authority concerned, in which case the liability of the insurer referred to below ends on the expiry date of the said notice period but only in respect of the incidents that would survive after that date.
Date:
Certificate issued by:
[Address]
Signature of insurer
As an exclusive agent of
Blue card issued by insurers not covering war risks
Certificate in place of proof of insurance under Article 4bis of the 2002 Athens Convention relating to the carriage by sea of passengers and their baggage
Ship name:
IMO Ship Identification Number:
Port of registration:
Owner's name and address:
It is certified that the above-mentioned vessel, as long as it belongs to the owner whose name is listed above, is covered by an insurance policy that meets the requirements of Article 4bis of the 2002 Athens Convention on the Carriage by Sea of Passengers and their Baggage, subject to all exclusions and limitations provided for insurers that do not cover the risks of war under the Convention and the Guidelines for Implementation adopted in October 2006 by the
Period of validity of the police
Du :
At:
On the understanding that the insurer has the option of cancelling this certificate by giving written notice of three months to the authority concerned, in which case the liability of the insurer referred to below ends on the expiry date of that notice period, but only with respect to the incidents that would occur after that date.
Date:
Certificate issued by:
[Address]
Signature of insurer
As an exclusive agent of
II. Insurance Certificate Model referred to in paragraph 3 of the Guidelines
ASSURANCE CERTIFICATE OR THE FINANCIAL GARANTIA ON THE RESPONSIBILITY OF MORT AND CORPORAL LESIONS OF PASSAGES
Delivered in accordance with the provisions of Article 4bis of the 2002 Athens Convention relating to the carriage by sea of passengers and their baggage.
Name of ship
Distinct number or letters
IMO Ship Identification Number
Port of registration
Name and full address of the carrier's main establishment that effectively ensures transportation
It is certified that the above-mentioned vessel is covered by an insurance policy or other financial guarantee that meets the requirements of Article 4bis of the 2002 Athens Convention relating to the carriage by sea of passengers and their baggage.
Type of guarantee
Warranty period
Name and address of insurer (or insurers) and/or guarantor (or guarantors)
The insurance coverage under this certificate is divided into two parts: one includes war risks and the other excludes them, in accordance with the Guidelines for the Implementation of the Convention adopted in October 2006 by the Legal Committee of the International Maritime Organization. Each of these parts of the insurance is subject to all exclusions and limitations under the Convention and the Guidelines. Insurers, who are not jointly and in solidarity, are:
War risks included:
[address]
War risks excluded:
[address]
This certificate is valid until
Issued or targeted by the government
(Full name of the State)
OR
The following text should be used when a State Party takes precedence over the provisions of paragraph 3 of Article 4bis:
This certificate is issued under the authority of the government of (full name of the state)
A (place) on (date).
(Signature and title of the agent who issues or targets the certificate)
Explanatory notes:
1. By designating the State, it is possible, if desired, to mention the competent public authority of the country in which the certificate is issued.
2. When the total amount of the warranty comes from a number of sources, the amount provided by each of them should be indicated.
3. When the warranty is provided in several forms, they should be listed.
4. In the "Term of warranty" section, the date on which the guarantee takes effect should be specified.
5. The address of the insurer (or insurers) and/or the guarantor (or guarantors) should be indicated in the address of the principal insurer (or insurers) and/or the guarantor (or guarantors). If necessary, the place of the establishment to which the insurance or guarantee was signed must be indicated.

Reservations relating to the accession of the Kingdom of Belgium to the 2002 Protocol to the 1974 Athens Convention relating to the carriage by sea of passengers and their baggage ("the Convention").
Limitation of carrier liability, etc.
« [1.] The Government of the Kingdom of Belgium reserves the right to, and undertakes to, limit to the smallest of the following amounts the liability, if any, under paragraph 1^er or 2 of Article 3 of the Convention in the event of death or bodily injury of a passenger caused by any of the risks referred to in paragraph 2.2 of the IMO Guidelines for the Application of the Athens Convention:
- 250,000 account units per passenger for the same event; or
- 340 million total account units per ship for the same event.
[2.] The Government of the Kingdom of Belgium reserves the right, and undertakes, to apply to this financial support mutatis mutandis paragraphs 2.1.1. and 2.2.2. of the IMO directives for the application of the Athens Convention.
[3.] The liability of the carrier substituted under Article 4 of the Convention, the liability of the attendants and agents of the carrier or carrier substituted under Article 11 of the Convention and the total amount recoverable under Article 12 of the Convention shall be limited in the same manner.
[4.] The reservation and commitment referred to in paragraph 1 shall apply regardless of the basis of liability under subsection 1^er or 2 of Article 3 and notwithstanding any contrary provision of Article 4 or Article 7 of the Convention; However, this reserve and commitment do not affect the application of sections 10 and 13.
Mandatory insurance and limitation of liability of insurers
[5.] The Government of the Kingdom of Belgium reserves the right to, and undertakes to, limit to the smallest of the following amounts the obligation under paragraph 1 of Article 4bis to provide insurance or other financial guarantee in the event of death or bodily injury of a passenger caused by any of the risks mentioned in paragraph 2.2 of the IMO directives for the application of the Athens Convention:
- 250,000 account units per passenger for the same event; or
- 340 million total account units per ship for the same event.
[6.] The Government of the Kingdom of Belgium reserves the right to, and undertakes to, limit the liability of the insurer or other person providing the financial guarantee under paragraph 10 of Article 4bis, in the event of death or bodily injury of a passenger caused by any of the risks mentioned in paragraph 2.2 of the IMO directives for the application of the Athens Convention to the maximum amount of the insurance or other guarantee
[7.] The Government of the Kingdom of Belgium also reserves the right to, and undertakes to, apply the IMO directives for the application of the Athens Convention, including the clauses mentioned in paragraphs 2.1 and 2.2 of these guidelines, with respect to any mandatory insurance under the Convention.
[8.] The Government of the Kingdom of Belgium reserves the right to, and undertakes to, exempt the insurance provider or other financial guarantee provided for in paragraph 1^erof Article 4bis of any responsibility that he has not committed to taking over.
Certificate
[9.] The Government of the Kingdom of Belgium reserves the right to, and undertakes to, issue certificates of insurance under paragraph 2 of Article 4bis of the Convention to:
- report on liability limitations and insurance coverage conditions referred to in paragraphs 1, 5, 6 and 8; and
- add any other limitations, conditions and exclusions that it considers necessary in the light of the requirements of the insurance market at the time the certificate is issued.
[10.] The Government of the Kingdom of Belgium reserves the right to, and agrees to, accept insurance certificates issued by other States Parties that have a similar reservation.
[11.] All such limitations, conditions and exclusions must be clearly indicated on the certificate issued or referred to under paragraph 2 of Article 4 bis of the Convention.
Relationship between this reservation and IMO directives for the application of the Athens Convention
[12.] The rights subject to this reservation shall be exercised with due regard to the IMO Guidelines for the Application of the Athens Convention or any amendment thereto, with a view to ensuring consistency. If a proposal to amend the IMO guidelines for the application of the Athens Convention, including limitations, has been approved by the Legal Committee of the International Maritime Organization, these amendments shall apply from the date fixed by the Committee and without prejudice to the rules of international law relating to the right of a State to withdraw or amend its reservation. »