Law Approving The Protocol Of 2002 To The Athens Convention Relating To The Carriage Of Passengers And Their Luggage By Sea 1974, Made In London On 1 November 2002 (1)

Original Language Title: Loi portant assentiment au Protocole de 2002 à la Convention d'Athènes de 1974 relative au transport par mer de passagers et de leurs bagages, fait à Londres le 1er novembre 2002 (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013015182&caller=list&article_lang=F&row_id=800&numero=827&pub_date=2014-04-11&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-04-11 Numac: 2013015182 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE November 26, 2012. -Law concerning consent to the Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by Sea 1974, done at London on 1 November 2002 (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Protocol of 2002 to the Athens Convention of 1974 relating to the carriage of passengers and their luggage by sea, done at London on 1 November 2002, released its full and complete effect.
S. 3. the amendments to the Athens Convention 2002 relating to the carriage by sea of passengers and their luggage, in the meaning of article 15, paragraph 3 of the Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their baggage, which are adopted pursuant to article 23 of the Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by Sea 1974 by Sea 1974 without the Belgium is opposed to their adoption, and who come into force with respect to the Belgium under the same article, will release their full and complete effect.
S.
4. the Athens Convention 2002 relating to the carriage of passengers and their luggage by sea is applied taking into account the "guidelines IMO for implementation of the Athens Convention" adopted by the international maritime organization, October 19, 2006 Legal Committee and their amendments.
The preceding paragraph is not applicable during the period of application of Regulation (EC) no 392/2009 of 23 April 2009 on the liability of carriers of passengers by sea in the event of accident.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, on November 26, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of the North Sea, J. VANDE LANOTTE.
The Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2011-2012.
Senate.
Documents: Bill filed June 15, 2012, no. 5 - 1671/1.
Report, no. 5-1671/2.
Parliamentary Annals Discussion, meeting of July 12, 2012.
Vote, meeting of July 12, 2012.
House of representatives.
Documents: Draft transmitted by the Senate, no. 53-2365/1.
Report on behalf of the commission 53-2365/2.
Text adopted in plenary meeting and submitted to the Royal assent, no 53-2365/3.
Parliamentary Annals Discussion, meeting of July 19, 2012.
Vote, meeting of July 19, 2012.

Athens CONVENTION 2002 relating to the carriage by sea of passengers and their luggage (consolidated text of the Athens Convention of 1974 relating to the carriage by sea of passengers and their luggage, and the Protocol of 2002 to the Convention) Article 1. Definitions in this agreement, the following terms are used in the following sense: 1. has) "carrier" means a person by whom or for whom a contract of carriage has been concluded, that transport is actually provided by that person or by a carrier;
(b) "performing carrier" means one person other than the carrier, either the owner, charterer or operator of a ship, who actually performs the whole or a part of the carriage; and (c) "carrier who actually performs the whole or part of the carriage" means the carrier or the carrier to the extent where the latter carries actually. ""2. contract of carriage"means a contract concluded by a carrier or on its behalf for the carriage by sea of a passenger or, where appropriate, of a passenger and his luggage;
3. "ship" means only a seagoing vessel excluding any air-cushion vehicle;
(("4 passenger" means any person carried in a ship: a) by virtue of a contract of carriage, or b), with the consent of the carrier, accompanying a vehicle or live animals subject to a contract of carriage of goods not governed by this Convention;
(("5 luggage" means any article or vehicle carried by the carrier under a contract of carriage with the exception: a) property or vehicles carried under a Charter contract, of a bill of lading or contract concerning principally the transport of goods, and b) live animals;
6 "cabin luggage" means luggage which the passenger has in his cabin or he has in his possession, custody or control. Except for the purposes of paragraph 8 of this article and article 8, cabin luggage include luggage which the passenger has in his vehicle or on it;
7. "loss or damage to luggage" includes pecuniary from what luggage had not been rendered to the passenger within a reasonable time from the time of the arrival of the ship on which the luggage were transported or ought to be, but does not include delays from labour disputes;
8. 'transport' concerns the following periods: has) with regard to passenger and/or his cabin luggage, the period during which the passenger and his cabin luggage are on board the vessel or during boarding or landing, and the period during which they are transported by water from the dock to the vessel or vice versa, if the price of this transport is included in the ticket or if the building used for such accessory carriage
has been put at the disposal of the passenger by the carrier. However, the transport does not, in what concerns the passenger, the period during which it is in a station maritime, or on a dock or another port facility;
(b) with regard to cabin luggage, also the period during which the passenger is in a terminal or on a dock or another port facility if such baggage were taken in charge by the carrier or his servant or agent and has not yet been returned to the passenger;
(c) with regard to other luggage which is not cabin luggage, the period between the time where they were taken in charge the carrier or his servant or agent on shore or on board, and the moment where they have been made by the carrier, his servants or his representative;
9 "international carriage" means any carriage which the place of departure and place of destination are, according to the contract of carriage, located in two different States, or in a single State if, according to the contract of carriage or the scheduled itinerary, there is a stopover in another port.
10. "organization" means the international maritime organization.
11. "Secretary-General" means the Secretary-General of the organization.
S.
1bis. the annex of this Convention is an integral part of the Convention.
S. 2 field of application 1. This Convention applies to all international carriage when: a) the ship flies the flag of a State party to this Convention or is registered in such a State, or b) the contract of carriage concluded in a State party to this Convention, or c) according to the contract of carriage, the place of departure or destination is located in a State party to this Convention.
2. Notwithstanding the provisions of paragraph 1 of this article, this Convention does not apply when the carriage is subject to a civil liability regime under the provisions of any other international convention on the carriage of passengers or luggage by a different mode of transportation, as far as these provisions shall be applied to the carriage by sea.
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3 liability of the carrier 1. En_cas_de prejudice resulting from the death or bodily injury to a passenger caused by a marine occurrence, the carrier is liable insofar as the damage suffered by the passenger for the same event does not exceed 250,000 units of account, unless the carrier proves that the event: has) is the result of an act of war, hostilities, civil war insurrection or a natural phenomenon of exceptional, inevitable and irresistible character; or b) results in all of the fact that a person has deliberately acted or failed to act with intent to cause the event.
If and to the extent where the harm exceeds the aforementioned limit, the carrier is also responsible for unless he proves that the generator event of injury occurred without fault or negligence on its part.
2. in the event of prejudice resulting from the death or bodily injury to a passenger not caused by a marine occurrence, the carrier is liable if the generator event of injury is attributable to the fault or negligence of the carrier. Proof of fault or negligence is the responsibility of the applicant.
3. in the event of damage resulting from the loss or damage to carry-on baggage, the carrier is liable if the generator event of injury is attributable to the fault or negligence of the carrier. There is a presumption of fault or negligence of the carrier in case of damage caused by a maritime event.
4. in the case of injury resulting from loss or damage to luggage other than cabin baggage, the carrier is liable, unless it proves that the event generator

the injury occurred without fault or negligence on its part 5. For the purposes of this article: a) "maritime event" means shipwreck, capsizing, collision or stranding of the ship, explosion or a fire on board the ship or a defect of the vessel;
(b) "fault or neglect of the carrier" includes the fault or neglect of the servants of the carrier acting in the exercise of their functions;
(c) ' failure to the vessel": means any malfunction, failure or any lack of compliance with the applicable safety rules with regard to any part of the ship or its equipment when used for output, evacuation, embarkation and disembarkation of passengers; or when it is used for propulsion, maneuver, the safety of navigation, mooring, anchoring, arrival at a post on dock or on a mooring place or the departure of such a position or place, or control the damage after flooding; or when used for the launching of life-saving appliances; and (d)) 'harm' excludes punitive or exemplary damages.
6. the liability of the carrier under this section relates only to the harm caused by events that occurred during the transport. The evidence that the generator event of injury occurred during transportation, and proof of the extent of the damage, is the responsibility of the applicant.
7. nothing in this Convention shall affect the rights of recourse of the carrier against any third party, or prevents it to invoke as defence the concurrent negligence under article 6 of the Convention. Nothing in this section shall affect the right of limitation under article 7 or article 8 of this Convention.
8. the presumption of fault or negligence of a party or the allocation of the burden of proof to a party does not preclude consideration of the evidence in favour of this part.
» Art. 4 performing carrier 1. If all or part of the carriage is entrusted to a performing carrier, the carrier nevertheless responsible for rest, pursuant to the provisions of this Convention, for the whole of the transport. In addition, the carrier and his servants or agents, is subject to the provisions of the present Convention and can rely on for the part of the carriage which he performs himself.
2. the carrier is responsible, in relation to the carriage performed by the actual carrier, acts and omissions of carrier substituted as well as its servants and agents acting within the scope of their duties.
3. any special agreement under which the carrier assumes obligations not imposed by this Convention or waives rights conferred by this Convention is effective as against the actual carrier if the latter agrees expressly and in writing.
4. when the carrier and the actual carrier are liable, and insofar as they are, their liability is solidary.
5. no provision of this article shall impair the right of recourse of the carrier and the actual carrier.
S. 4bis compulsory insurance 1.
When passengers are carried on board a ship registered in a State party that is licensed to carry more than twelve passengers, and this Convention is applicable, the carrier who actually performs the whole or part of the carriage is required to take out insurance or other financial security, such as the guarantee of a bank or similar financial institution to cover his liability under this Convention with regard to death or bodily injury of passengers. The limit of the compulsory insurance or other financial security shall not be less than 250,000 units of account per passenger for the same event.
2. a certificate attesting that insurance or other warranty financiereest valid in accordance with the provisions of this Convention shall be issued to each ship after the competent authority of a State party has ensured that it is meets the requirements of paragraph 1. When it comes to a ship registered in a State party, this certificate is issued or endorsed by the competent authority of the State of registration of the ship; When it comes to a vessel that is not registered in a State party, the certificate can be issued or endorsed by the competent authority of any State party. The certificate must conform to the specimen shown in the annex to this Convention and include the following information: a) name of ship, number or distinguishing letters and port of registry;
(b) name and location of the principal place of business of the carrier who actually all or part of the carriage;
(c) IMO ship identification number;
(d) type and duration of the warranty.
(e) name and location of the principal place of business of insurer or other person providing financial security and, where appropriate, place of business where the insurance or other financial security is established; and (f) period of validity of the certificate, which shall not exceed that of the insurance or other financial security.
3. a) a State party may authorise an institution or an organisation recognised by it to issue the certificate. This institution or this Organization shall inform that State of the issue of each certificate. In all cases, the State party fully vouches for its completeness and accuracy of the certificate so issued and undertakes to take the necessary measures to comply with this obligation.
(b) a State party shall notify the Secretary-General: i) the specific responsibilities and conditions of the authorization of an institution or organization recognised by it;
(ii) the withdrawal of such authorisation); and (iii) the date on which such clearance or the withdrawal of such authorisation shall take effect.
Empowerment does not take effect before the expiration of a period of three months from the date at which a notification to that effect was given to the Secretary-General.
(c) the institution or body authorized to issue certificates in accordance with this paragraph is, at a minimum, allowed to withdraw these certificates if the conditions under which they have been issued are not met. In all cases, the institution or agency reports the withdrawal to the State on whose behalf the certificate was issued.
4. the certificate shall be in the official language of the issuing State. If the language used is neither English, nor Spanish, nor the french, the text contains a translation in one of these languages and, if the State so decides, the official language of that State can not be used.
5. the certificate shall be carried on board the ship and a copy to be deposited with the authority which keeps the register of registration of the ship or, if the ship is not registered in a State party, with the authority of the State which issuing or certifying the certificate.
6. an insurance or other financial security does not meet the requirements of this article if it can cease to have effect, for one reason other than the expiry of the period of validity indicated in the certificate before the expiry of a period of three months from the date where notice in was given to the authority specified in paragraph 5, unless the certificate was returned to the competent authority or a new certificate has been issued before the expiry of this period. The foregoing provisions also apply to any amendment of the insurance or other financial security with the effect that it no longer complies with the requirements of this section.
7. the State of registration of the ship 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 to give credence to information obtained from other States or the organization or other international bodies concerning the financial situation of insurers or other persons providing financial security for the purposes of this Convention. In such cases, the State party which gives faith to such information is not relieved of its responsibility as a State issuing the certificate.
9 certificates issued or covered under the authority of a State party are accepted by other States Parties for the purposes of this Convention and are considered by them as having the same value as certificates which they themselves issued or covered, even when it's a vessel that is not registered in a State party. A State party may at any time request the State which issued or referred to the certificate to proceed to an exchange of views if he considers that the insurer or the guarantor on the insurance certificate is not financially capable to cope with the obligations imposed by this Convention.
10. any claim for compensation covered by insurance or other financial security under this section may be brought directly against the insurer or other person providing financial security.
In such a case, the amount set out in paragraph 1 constitutes the limit of liability of the insurer or other person providing financial security, even if the carrier or the actual carrier is not entitled to limit its liability. In addition, the defendant may avail himself of the defences that the carrier referred to in paragraph 1 would be entitled to invoke

in accordance with the Convention (except those from the bankruptcy or winding up).
Furthermore, the defendant may avail itself of the fact that the damage resulted from the wilful misconduct of the insured, but it cannot rely on any other means of defence that it could have been entitled to invoke in proceedings brought by an insured against him. The defendant is in any case entitled to require the carrier and the actual carrier to join in the proceedings.
11. all funds set up by insurance or other financial guarantee contracted in accordance with paragraph 1 are only available for the settlement of claims due under this Convention and any payment of these funds disclaims liability born of this Convention at the rate of the amounts paid.
12. If a State party does not allow a vessel subject to the provisions of this article and flying its flag to be used at any time if the ship 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 security corresponding to the requirements of paragraph 1 covers any vessel licensed to carry more than 12 passengers, regardless of its place of registration, that touches or leaving a port in 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 situated in its territory, provided that the State party which issues the certificate has notified the Secretary-General that it wished , in electronic form, records that are available to all States Parties, attesting the existence of the certificate and enabling States Parties to discharge their obligations under paragraph 13.
15. If a ship owned by a State party is not covered by insurance or other financial guarantee, the relevant provisions of this section it shall not apply. This ship should however be equipped with a certificate issued by the competent authorities of the State of registry stating that the ship is owned by that State and that its responsibility is covered at the amount prescribed in accordance with paragraph 1.
This certificate follows as closely as possible the model prescribed in paragraph 2.
S. 5. goods value the carrier is not liable for any loss or damage to species, negotiable securities, gold, silverware, jewellery, jewelry, works of art or other property of value, unless these valuables have been deposited with the carrier that has agreed to keep them safe, the carrier being in this case responsible to the extent of the limit laid down in paragraph 3 of article 8 unless a higher limit has been set by mutual agreement in accordance with paragraph 1 of article 10.
S. 6. in the absence of the passenger if the carrier establishes that the death or bodily injury of the passenger, loss or damage to his luggage are due, directly or indirectly, to the fault or neglect of the passenger, the court seized may, in accordance with its own law, exclude or reduce the liability of the carrier.
S. 7 limit of liability in death cases and personal injury 1.
The liability of the carrier in case of death or bodily injury of a passenger under article 3 is limited, in all cases, 400 000 units of account per passenger for the same event.
If according to the law of the court seised, compensation can be fixed annuity, capital of the annuity cannot exceed this limit.
2. a State party may stipulate pursuant to express provisions of its national law the limit of liability prescribed in paragraph 1, provided that the limit of liability contained, if applicable, level national is not less than that prescribed in paragraph 1. A State party that makes use of the option provided in this paragraph shall notify the Secretary general the limit of liability adopted or the fact that there is not.
S. 8 limit of liability for loss or damage to luggage and vehicles 1. The liability of the carrier for loss or damage to carry-on baggage is limited, in all cases, 2 250 units of account per passenger and transport.
2. the liability of the carrier for loss or damage to vehicles including all luggage carried in the vehicle, is limited, in all cases, to 12 700 units of account per vehicle and transport.
3. the liability of the carrier in case of loss or damage to luggage other than those referred to in paragraphs 1 and 2, is limited, in all cases, 3 375 units of account per passenger and transport.
4. the carrier and the passenger may agree that the liability of the carrier is subject to a deductible not exceeding 330 units of account in the case of damage to a vehicle and 149 units of account per passenger in the event of loss or damage to other baggage. This amount is deducted from the amount of the loss or damage.
S. 9 unit of account and conversion 1. The unit of account mentioned in this Convention is the special drawing right for as defined by the Monetary Fund international. The amounts mentioned in paragraph 1 of article 3, paragraph 1 of article 4bis, paragraph 1 of article 7 and article 8 are converted into the national currency of the State of the court seized of the case on the basis of the value of this currency in relation to the special drawing right on the date of the judgment or the date adopted by common agreement between the parties. The value in special drawing rights, of the national currency of a State party which is a member of the international monetary fund is calculated according to the method of valuation applied by the international monetary Fund on the date in question for its own operations and transactions. The value in special drawing rights, of the national currency of a State party which is not a member of the Monetary Fund international is calculated in the manner determined by that State party.
2. However, a State which is not member of international monetary fund and whose law does not allow to apply the provisions of paragraph 1 may, at the time of ratification, acceptance or approval of this Convention or accession thereto, or at any time thereafter, declare that the unit of account referred to in paragraph 1 is equal to 15 gold francs. The gold franc referred to in this paragraph corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. The conversion of the gold franc into national currency is carried out in accordance with the legislation of the State concerned.
3. the calculation mentioned in the last sentence of paragraph 1 and the conversion mentioned in paragraph 2 are made so as to express in the national currency of the State party the same real value, wherever possible, to the amounts provided for in paragraph 1 of article 3, paragraph 1 of article 4bis, paragraph 1 of article 7 and article 8 than that which would result from the application of the first three sentences of paragraph 1.
States shall communicate to the Secretary-General their method of calculation pursuant to paragraph 1 or the results of the conversion in paragraph 2, as appropriate, upon the deposit of their instrument of ratification, acceptance or approval of this Convention or accession to it and whenever a change occurs in this method of calculation or in these results.
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10 supplementary provisions on limits of liability 1. The carrier and the passenger may agree, expressly and in writing of the limits of liability higher than those provided for in articles 7 and 8.
2. the interests and legal costs are not included within the limits of liability prescribed in articles 7 and 8.
S. 11 defences and limits that can invoke the servants of the carrier if an action is brought against a servant or agent of the carrier or the actual carrier due to damage covered by this Convention, that officer or agent may, if he proves that he acted in the exercise of its functions, take advantage of the exemptions and limitations of liability that may invoke the carrier or the actual carrier under this Convention.
S. 12. cumulation of liability 1. Where the limits of liability prescribed in articles 7 and 8 take effect, they shall apply to the total amount of repair which can be obtained in the context of all actions in liability in case of death or bodily injury to a passenger or for loss or damage to his luggage.
2. in relation to the carriage performed by a performing carrier, the total amount of repair which can be obtained from the carrier and the performing carrier, and their servants and agents acting within the course of their duties, cannot exceed the highest allowance which may be paid either the carrier or the actual carrier , pursuant to this Convention, provided that none of the persons

mentioned cannot be held responsible for exceeding the applicable.
3. in all cases where the servant or agent of the carrier or the actual carrier may, pursuant to article 11 of the Convention, avail himself of the limits of liability provided for in articles 7 and 8, the total repair which can be obtained from the carrier or, where appropriate, the carrier and the servant or agent may not exceed these limits.
S. 13 loss of right to invoke the limits of liability 1. The carrier has been deprived of the benefit of the limits of liability referred to in articles 7 and 8 to paragraph 1 of article 10, if it is proved that the damage resulted from an act or omission, which the carrier has committed either with intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
2. the servant or agent of the carrier or the actual carrier may avail himself of those limits if it is proved that the damage resulted from an act or omission that the servant or agent done with intent to cause such damage, or recklessly and with knowledge that such damage would probably result.
S. 14 basis of actions no action for liability for death or personal injury to the passenger for loss or damage to baggage, may be brought against the carrier or the actual carrier, otherwise than on the basis of this Convention.
S. 15. notification of the loss or damage to baggage 1. The passenger must make notifications written to the carrier or its agent: has) in the case of apparent damage to luggage: i) for cabin luggage, before the disembarkation of the passenger or at the time of the landing.
(ii) for all other luggage, before delivery or at the time of such delivery;
(b) in the case of non-apparent damage caused to baggage or loss of luggage, within fifteen days following the date of landing or delivery or the date on which delivery should have taken place.
2. in absence of to comply with the provisions of this article, the passenger shall be presumed, unless proved otherwise, received his baggage in good condition.
3. written notifications are unnecessary if the State of baggage was the subject of a finding or a contradictory inspection upon receipt.
S. 16. time limitation for actions for liability 1.
Any action for compensation for any prejudice resulting from the death or bodily injury of a passenger, or loss or damage to baggage is subject to a limitation period of two years.
2. the period of limitation runs: a) in the case of bodily harm, from the date of disembarkation of the passenger;
(b) in the case of death occurring during carriage, from the date on which the passenger should be landed and, in the case of personal injury occurring during carriage and resulting in the death of the passenger after deplaning, from the date of death; period not exceeding three years from the date of disembarkation;
(c) in the case of loss or damage occurring to luggage, from the date of disembarkation or the date to which disembarkation should have taken place, from the later date.
3. the Court Act governs the causes for suspension and interruption of limitation periods, but in no case an action under this Convention may not be commenced after expiration of one of the following deadlines: a) a period of five years from the date of disembarkation of the passenger or from the date when disembarkation should have taken place the latest of these two dates being taken into consideration; or, if the expiry of the period following earlier delayed b) a period of three years from the date on which the plaintiff became aware or reasonably should have known of the injury, loss or damage caused by the event. ' 4. Notwithstanding the provisions of subsections 1, 2 and 3 of this article, the period of limitation may be extended by declaration of the carrier or by agreement between the parties entered into after the occurrence of the damage. Declaration and agreement must be recorded in writing.
S. 17 competent jurisdiction.
1. an action under articles 3 and 4 of this agreement must be brought, at the option of the applicant, before one of the courts listed below, provided that it is located in a State party to this Convention and in accordance with the provisions of the domestic law of each State party's jurisdiction in the States where several courts may be seized (: a) the Court of the State of the habitual residence or the principal place of business of the defendant;
(b) the Court of the State of the place of departure or the place of destination stipulated in the contract of carriage;
c) the Court of the State of domicile or habitual residence of the applicant, if the defendant has a seat of his activity in this State and is subject to the jurisdiction thereof; or (d) the Court of the State of the place of conclusion of the contract of carriage if the defendant is a seat of business and is subject to the jurisdiction of that State.
2. an action under article 4bis of the Convention must be brought, at the option of the applicant, before one of the courts from which an action could be brought against the carrier or the actual carrier in accordance with paragraph 1.
3. after the event that caused the damage, the parties may agree to the Court or the arbitral tribunal to which the application for compensation must be submitted. » Art. 17bis recognition and enforcement of judgements 1. Any judgement given by a court with jurisdiction in accordance with article 17 which is enforceable in the State of origin where it can no longer be the subject of an ordinary appeal is recognised in any State party, except: a) if the judgment was obtained by fraud; or (b) if the defendant has not been advised in reasonable and implemented in time to present his defence.
2. any judgment that is recognized under paragraph 1 is enforceable in each State party as soon as the procedures required in that State have been met. These procedures do not allow a revision at the bottom of the application.
3. a State party to the present Protocol may apply other rules for the recognition and enforcement of judgments, subject that they have to ensure that judgments are recognised and enforced in the same extent at least that, pursuant to paragraphs 1 and 2.
S. 18 invalidity of contractual provisions any contractual stipulation, concluded before the event that has caused the death or injury of the passenger, or loss or damage to his luggage and to exempt any responsible person under this Convention for its liability to the passenger or to establish a liability limit of less than that laid down by this Convention , except as provided for in paragraph 4 of article 8, or to reverse the burden of proof that rests by the carrier or the performing carrier, or which would have the effect of restricting the choice specified in paragraph 1 or paragraph 2 of article 17, is null and void; but the invalidity of this stipulation does not cause the invalidity of the contract of carriage, which remains subject to the provisions of this Convention.
S.
19. other conventions on limitation of liability this Convention does not affect the rights and obligations of the carrier, the actual carrier and their servants or agents as they result from the international conventions on the limitation of the liability of owners of seagoing ships.
S. 20. nuclear damage no person shall be held liable for damage caused by a nuclear accident under this Convention: a) if the operator of a nuclear installation is liable for such damage pursuant to the Paris Convention of 29 July 1960 on civil liability in the field of nuclear energy, amended by the additional protocol of 28 January 1964 , or under the Vienna Convention of 21 May 1963 on civil liability for nuclear damage, or any amendment or Protocol thereto which is in force; or (b) if the operator of a nuclear installation is liable for such damage under the national law governing the responsibility of the head of such damage, provided that this legislation is in all respects as favourable to persons who may suffer damage as either the Paris or Vienna Conventions or any amendment or Protocol thereto which is in force.
S. 21 commercial carriage by corporations this Convention applies to carriage performed on a commercial basis by a State or other legal persons of public law under a contract of carriage as defined in article 1.
S. 22 declaration of non-compliance 1.
Upon accession 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 when the passenger and the carrier are nationals of that party.
2. any declaration made under paragraph 1 of this article may be withdrawn

at any time by written notification addressed to the Secretary general of the organization.
S.
22bis Final Clauses of the Convention the final clauses of this Convention are articles 17 to 25 of the Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by sea, 1974. In this agreement, references to States Parties are considered to be references to States Parties to this Protocol.
FINAL CLAUSES (Articles 17 to 25 of the Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by Sea 1974) ARTICLE 17. Signature, ratification, acceptance, approval and accession 1.
This Protocol shall be open for signature at the headquarters of the organization from 1 May 2003 to 30 April 2004 and then shall remain open for accession.
(2. States may express their consent to be bound by this Protocol by: a) signature without reservation as to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or (c) accession.
3. ratification, acceptance, approval or accession is 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 the present Protocol with respect to all existing Parties or after the completion of all measures required for the entry into force of the amendment with respect to those States Parties shall be deemed to apply to this Protocol as modified by the amendment.
(5. a State should not express its consent to be bound by this Protocol unless denounce, in case it would be party: a) the Athens Convention relating to the carriage of passengers and their luggage by sea, done at Athens on 13 December 1974;
(b) the Protocol to the Athens Convention relating to the carriage of passengers and their luggage by sea, done at London on 19 November 1976; and (c) the Protocol of 1990 to amend the Athens Convention relating to the carriage of passengers and their luggage by sea, done 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.
SECTION 18. States with more than one legal regime 1. If there are two or more territorial units in which different legal regimes are applicable with regard to matters dealt with in the present Protocol, a State may, at the time of signature, ratification, acceptance, approval or accession, declare that this Protocol applies to all of its territorial units or only to one or more of them , and may modify this declaration by submitting another declaration at any time.
2. the declaration shall be notified to the Secretary-General and precise expressly the territorial units to which this Protocol applies.
3 in the case of a State party that has made such a statement: a) references to the State of registry of a ship and, when it comes to a compulsory insurance certificate, to the State which issuing or certifying the certificate, are interpreted as respectively referring to the territorial unit in which the vessel is registered and which issues or seeks the certificate;
(b) references to the requirements of national law, the national liability limit and the national currency shall be construed as respectively referring to the requirements of law, to the limit; liability and the currency of the relevant territorial unit and (c) references to the courts of the States Parties and to judgments which must be recognised in these States are interpreted as respectively referring to the courts in the relevant territorial unit and to judgments which must be recognised in this territorial unit.
SECTION 19. Regional economic integration organisations 1.
A regional economic integration organization constituted by sovereign States that have transferred competence over certain matters this Protocol may sign, ratify, accept or approve this Protocol or accede. A regional economic integration organisation that is a party to this Protocol has the rights and obligations of a State party, insofar as it has jurisdiction to the matters governed by this Protocol.
2. where 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 which are Parties to this Protocol and which transferred to the Organization jurisdiction for the subject matter in question. A regional economic integration organization shall not exercise its right to vote if its Member States exercise theirs, and vice versa.
3. when the number of States Parties is relevant for the purposes of this Protocol, including sections 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 made a statement to the Secretary-General specifying the matters governed by this Protocol for which its Member States which are signatories of this Protocol or Parties to the present Protocol have transferred competence, and any other restrictions relevant to the scope of this jurisdiction. The regional economic integration organization shall promptly notify the Secretary-General any change in the distribution of powers specified in the notice referred to in this paragraph, including new transfers of competence. Such a declaration shall be communicated by the Secretary-General, in accordance with article 24 of this Protocol.
5. States Parties which are Member States of a regional economic integration organisation that is a party to the present Protocol are presumed to have jurisdiction in relation to all matters dealt with in this Protocol in respect of which transfers of competence to the Organization have not been specifically declared or notified under paragraph 4.
SECTION 20. Entry into force 1.
This Protocol enter into force twelve months after the date on which 10 States, either have signed it without reservation as to ratification, acceptance or approval, or have deposited an instrument of ratification, acceptance, approval or accession with the Secretary-General.
2. for any State which ratifies, accepts, approves it or accedes thereto after the requirements for entry into force laid down in paragraph 1 have been fulfilled, this Protocol shall enter into force three months after the date of deposit by such State of the instrument proper, but not before the entry into force of this Protocol in accordance with paragraph 1.
SECTION 21. Denunciation 1.
This Protocol may be denounced by any of the States Parties at any time after the date on which it enters into force for that State.
2. the denunciation shall be effected by the deposit of an instrument to that effect with the Secretary-General.
3. the denunciation shall take effect twelve months after the date of deposit of the instrument of denunciation from the Secretary-General or the expiration of such longer period which may be specified in that instrument.
4 between the States Parties to this Protocol, denunciation by any of them of the Convention in accordance with article 25 thereof is never interpreted as a denunciation of the Convention as revised by this Protocol.
SECTION 22. Revision and Amendment 1. The organization may convene a conference aimed to revise or modify this Protocol.
2. the Organization shall convene a conference of States Parties to the present Protocol, intended to revise or modify, at the request of one-third of the States Parties.
SECTION 23. Amendment of limits 1. Without prejudice to the provisions of article 22, the special procedure in this article applies only for the purposes of amending the limits set out in paragraph 1 of article 3, paragraph 1 of article 4bis, paragraph 1 of 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, a minimum of six of the States Parties to this Protocol, any proposal to amend the limits, including the relief referred to in paragraph 1 of article 3, paragraph 1 of article 4bis, paragraph 1 of article 7 and article 8 of the Convention, as revised by this Protocol is transmitted by the Secretary-General to all members of the Organization and to all States Parties.
3. any amendment proposed and circulated as above is subject to the legal Committee of the Organization (hereinafter referred to as "the legal Committee") for consideration this last six months at least after the date on which it was broadcast.
4 all the States Parties to the Convention, as amended by the present Protocol, whether or not they are members of the Organization, are authorized to participate in the proceedings of the legal Committee to review and adopt the amendments.
5. the amendments

shall be adopted by the majority of two-thirds of the States Parties to the Convention as revised by this Protocol, present and voting in the legal Committee expanded in accordance with paragraph 4, provided that the half at least 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 amend the limits, the legal Committee takes account of the experience gained in events and, in particular, the amount of damage resulting therefrom, the fluctuations in the value of currencies and the impact of the amendment on the cost of insurance.
7. has) no amendment to amend the limits under this article may be reviewed before the expiry of a period of five years from the date in which this Protocol was opened for signature, or a period of five years from the date of entry into force of a previous amendment under this article.
(b) no limit may be relieved to the point of exceeding an amount corresponding to the limit laid down in the Convention, such as revised by this Protocol increased by six per cent per annum, compound interest, from the date on which this Protocol was opened for signature.
(c) no limit may be raised to exceed an amount equal to three times the limit laid down 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 is deemed to have been accepted on the expiry of a period of eighteen months after the date of its notification, unless during this period, a quarter at least one of the States that were States Parties at the time of the adoption of the amendment have communicated to the Secretary-General that they do not accept that case the amendment is rejected and has no effect.
9. an amendment deemed to have been accepted in accordance with paragraph 8 shall enter into force eighteen months after its acceptance.
10 all States Parties are bound by the amendment, unless that they don't denounce this Protocol in accordance with paragraphs 1 and 2 of article 21, six months at least before the entry into force of this amendment. This denunciation takes effect when the amendment enters into force.
11. when an amendment has been adopted but the eighteen months acceptance period has not yet expired, any State becoming a State party during that period is bound by the amendment if it enters into force.
A State which becomes a State party after expiry of this period is bound by any amendment which has been accepted in accordance with paragraph 8. In the cases referred to in this paragraph, a State is bound by an amendment of the date of entry into force of the amendment or of the date of entry into force of this Protocol for that State, if the latter date is later.
SECTION 24. Depositary 1.
This Protocol and any amendments adopted under article 23 shall be deposited with the Secretary-General.
((2 the Secretary-General: has) inform all States which have signed the present Protocol or acceded: i) of any new signature or any deposit of an instrument of ratification, acceptance, approval or accession, as well as of their date;
(ii) of any declaration and communication made under paragraphs 2 and 3 of article 9, paragraph 1 of article 18 and paragraph 4 of article 19 of the Convention as revised by this Protocol;
(iii) from the date of entry into force of this Protocol;
(iv) of any proposal to amend the limits, which was presented in accordance with paragraph 2 of article 23 of this Protocol;
(v) of any amendment adopted in accordance with paragraph 5 of article 23 of this Protocol;
(vi) of any amendment deemed have been accepted pursuant to paragraph 8 of article 23 of this Protocol together with the date on which the amendment enters into force, in accordance with paragraphs 9 and 10 of this article;
VII) filing of any instrument of denunciation of this Protocol, as well as the date at which this deposit is reached and the date on which it takes effect;
(viii) any communication provided for by any of the articles of this Protocol;
(b) transmit certified copies of this Protocol to all States which have signed the present Protocol or acceded.
3. upon the entry into force of the present Protocol, the Secretary-General transmits 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.
SECTION 25. Languages this Protocol is established in a single original in the languages Arabic, Chinese, English, French, Russian, and Spanish all texts being equally authentic.
DONE at London this first day of November, two thousand two.

Annex certificate of insurance or other guarantee financial on A the liability in case of death and of LESIONS tangible of passengers issued in accordance with the provisions of article 4bis of the Athens Convention 2002 relating to the carriage of passengers and their luggage name Navirenumero or letters Distinctifsnumero IMO identification of the navirePort of immatriculationNom by sea and full address of the principal place of business of the carrier actually providing the carriage it is certified that the above ship is covered by a insurance or other financial security satisfying the requirements of article 4bis of the Athens Convention 2002 relating to the carriage of passengers and their luggage by sea.
Type of guarantee.
. . . .
Duration of warranty...
Name and address of the insurer (or insurers) and/or the guarantor (or the guarantor) name...
Address...
This certificate is valid until the...
Issued or endorsed by the Government of... (full name of the State)
OR should use the following text when a State party avails itself of the provisions of paragraph 3 of article 4bis: this certificate is issued under the authority of the Government of...
(full name of the State) by... (name of the institution or agency)
A . . . . . le . . . . .
(place)
(date)...
(signature and title of the official who issues or seeks the certificate)
Explanatory notes: 1. the designation of the State can, if desired, mentioning the competent public authority of the country in which the certificate is issued.
2. where the total amount of the guarantee comes from several sources, should indicate the amount provided by each of them.
3. when the warranty is provided in many forms, there are place to list them.
4. under the heading "Duration of the guarantee", it should be noted the date on which it takes effect.
5. under the heading "address of the insurer (or insurers) and/or the guarantor (or the guarantor)", should indicate the address of the principal place of business of the insurer (or insurers) and/or the guarantor (or guarantors). If necessary, should indicate the place of business where the insurance or guarantee has established.

Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by Sea 1974, made in London on 1 November 2002 States/OrganisationsDate authentificationType of consentementDate Consentemententree force local Albania adhesion16/03/200523/04/2014 Germany Ratification Belgium adhesion23/04/201323/04/2014 Bulgaria adhesion10/12/201323/04/2014 BELIZE adhesion22/08/201123/04/2014 Croatia adhesion25/09/201323/04/2014 Denmark adhesion23/05/201223/04/2014 Spain Ratification Finland acceptance Greece adhesion06/12. 2014-04-201323 Latvia adhesion17/02/200523/04/2014 Malta Adhesion07/08/201323/04/2014 Norway Ratification26/11/201323/04/2014 PALAU adhesion29/09/201123/04/2014 PANAMA adhesion23/01/201423/04/2014 Netherlands adhesion26/09/201223/04/2014 United Kingdom Ratification21/01/201423/04/2014 SAINT Kitts and Nevis adhesion30/08/200523/04/2014 Serbia adhesion25/05/201123/04/2014 Sweden Ratification Syria adhesion10/03 / 200523 / 04 / 2014 Union European adhesion15 / 12 / 201123 / 04 / 2014 Protocol of 2002 to the Convention of Athens from relating to the carriage by sea of passengers and their luggage States Parties to the present Protocol, whereas it is desirable to revise the Athens Convention relating to the carriage of passengers and their luggage by sea, 1974 made in Athens on 13 December 1974, to provide compensation increased to introduce strict liability, to establish a simplified procedure for updating the limitation amounts to guarantee insurance for passengers Recalling that the Protocol of 1976 of the Convention introduces the special drawing right as a unit of account instead of the gold franc, who NOTE that the 1990 Protocol amending the Convention, which provides increased compensation and establishes a simplified procedure for the update of the limitation amounts, not entered into force, have agreed the following : ARTICLE 1 for the purposes of this Protocol: 1. "Convention" means the text of the Athens Convention relating to the carriage of passengers and their luggage by sea, 1974.
2. "organization" means the international maritime organization.
3. "Secretary-General" means the Secretary-General of the organization.
ARTICLE 2 paragraph 1 of article 1 of the Convention is

replaced by the following text: "1 a)" carrier"means a person by whom or for whom a contract of carriage has been concluded, that transport is actually provided by that person or by a carrier;
(b) "performing carrier" means one person other than the carrier, either the owner, charterer or operator of a ship, who actually performs the whole or a part of the carriage; and (c) "carrier who actually performs the whole or part of the carriage" means the carrier or the carrier to the extent where the latter carries actually. "ARTICLE 3 1. Paragraph 10 of article 1 of the Convention is replaced by the following text: "10. «» Organization"means the international maritime organization. ».
2 the following text is added as article 11, paragraph 1 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: 'Article 3. Liability of the carrier 1.
En_cas_de prejudice resulting from the death or bodily injury to a passenger caused by a marine occurrence, the carrier is liable insofar as the damage suffered by the passenger for the same event does not exceed 250,000 units of account, unless the carrier proves that the event: has) is the result of an act of war, hostilities, civil war insurrection or a natural phenomenon of exceptional, inevitable and irresistible character; or b) results in all of the fact that a person has deliberately acted or failed to act with intent to cause the event.
If and to the extent where the harm exceeds the aforementioned limit, the carrier is also responsible for unless he proves that the generator event of injury occurred without fault or negligence on its part 2. In the event of prejudice resulting from the death or bodily injury to a passenger not caused by a marine occurrence, the carrier is liable if the generator event of injury is attributable to the fault or negligence of the carrier. Proof of fault or negligence is the responsibility of the applicant.
3. in the event of damage resulting from the loss or damage to carry-on baggage, the carrier is liable if the generator event of injury is attributable to the fault or negligence of the carrier. There is a presumption of fault or negligence of the carrier in case of damage caused by a maritime event.
4. in the case of injury resulting from loss or damage to other baggage to carry-on baggage, the carrier is responsible unless it proves that the generator event of injury occurred without fault or negligence on its part 5.
For the purposes of this article: a) "maritime event" means shipwreck, capsizing, collision or stranding of the ship, explosion or a fire on board the ship or a defect of the vessel;
(b) "fault or neglect of the carrier" includes the fault or neglect of the servants of the carrier acting in the exercise of their functions;
(c) ' failure to the vessel": means any malfunction, failure or any lack of compliance with the applicable safety rules with regard to any part of the ship or its equipment when used for output, evacuation, embarkation and disembarkation of passengers; or when it is used for propulsion, maneuver, the safety of navigation, mooring, anchoring, arrival at a post on dock or on a mooring place or the departure of such a position or place, or control the damage after flooding; or when used for the launching of life-saving appliances; and (d)) 'harm' excludes punitive or exemplary damages.
6. the liability of the carrier under this section relates only to the harm caused by events that occurred during the transport.
The evidence that the generator event of injury occurred during transportation, and proof of the extent of the damage, is the responsibility of the applicant.
7. nothing in this Convention shall affect the rights of recourse of the carrier against any third party, or prevents it to invoke as defence the concurrent negligence under article 6 of the Convention. Nothing in this section shall affect the right of limitation under article 7 or article 8 of this Convention.
8. the presumption of fault or negligence of a party or the allocation of the burden of proof to a party does not preclude consideration of the evidence in favour of this part. "ARTICLE 5 the following text is added as article 4bis of the Convention:"Article 4bis. Compulsory insurance 1. When passengers are carried on board a ship registered in a State party that is licensed to carry more than twelve passengers, and this Convention is applicable, the carrier who actually performs the whole or part of the carriage is required to take out insurance or other financial security, such as the guarantee of a bank or similar financial institution to cover his liability under this Convention with regard to death or bodily injury of passengers. The limit of the compulsory insurance or other financial security shall not be less than 250,000 units of account per passenger for the same event.
2. a certificate attesting that insurance or other financial guarantee is valid in accordance with the provisions of this Convention shall be issued to each ship after the competent authority of a State party has ensured that it is meets the requirements of paragraph 1. When it comes to a ship registered in a State party, this certificate is issued or endorsed by the competent authority of the State of registration of the ship; When it comes to a vessel that is not registered in a State party, the certificate can be issued or endorsed by the competent authority of any State party. The certificate must conform to the specimen shown in the annex to this Convention and include the following information: a) name of ship, number or distinguishing letters and port of registry;
(b) name and location of the principal place of business of the carrier who actually all or part of the carriage;
(c) IMO ship identification number;
(d) type and duration of the warranty.
(e) name and location of the principal place of business of insurer or other person providing financial security and, where appropriate, place of business where the insurance or other financial security is established; and (f) period of validity of the certificate, which shall not exceed that of the insurance or other financial security.
3. a) a State party may authorise an institution or an organisation recognised by it to issue the certificate.
This institution or this Organization shall inform that State of the issue of each certificate. In all cases, the State party fully vouches for its completeness and accuracy of the certificate so issued and undertakes to take the necessary measures to comply with this obligation.
(b) a State party shall notify the Secretary-General: i) the specific responsibilities and conditions of the authorization of an institution or organization recognised by it;
(ii) the withdrawal of such authorisation); and (iii) the date on which such clearance or the withdrawal of such authorisation shall take effect.
Empowerment does not take effect before the expiration of a period of three months from the date at which a notification to that effect was given to the Secretary-General.
(c) the institution or body authorized to issue certificates in accordance with this paragraph is, at a minimum, allowed to withdraw these certificates if the conditions under which they have been issued are not met. In all cases, the institution or agency reports the withdrawal to the State on whose behalf the certificate was issued.
4. the certificate shall be in the official language of the issuing State. If the language used is neither English, nor Spanish, nor the french, the text contains a translation in one of these languages and, if the State so decides, the official language of that State can not be used.
5. the certificate shall be carried on board the ship and a copy to be deposited with the authority which keeps the register of registration of the ship or, if the ship is not registered in a State party, with the authority of the State which issuing or certifying the certificate.
6. an insurance or other financial security does not meet the requirements of this article if it can cease to have effect, for one reason other than the expiry of the period of validity indicated in the certificate before the expiry of a period of three months from the date where notice in was given to the authority specified in paragraph 5, unless the certificate was returned to the competent authority or a new certificate has been issued before the expiry of this period. The foregoing provisions also apply to any amendment of the insurance or other financial security with the effect that it no longer complies with the requirements of this section.
7. the State of registration of the ship 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 to give faith to the information

obtained from other States or the organization or other international organizations concerning the financial situation of insurers or other persons providing financial security for the purposes of this Convention. In such cases, the State party which gives faith to such information is not relieved of its responsibility as a State issuing the certificate.
9 certificates issued or covered under the authority of a State party are accepted by other States Parties for the purposes of this Convention and are considered by them as having the same value as certificates which they themselves issued or covered, even when it's a vessel that is not registered in a State party. A State party may at any time request the State which issued or referred to the certificate to proceed to an exchange of views if he considers that the insurer or the guarantor on the insurance certificate is not financially capable to cope with the obligations imposed by this Convention.
10. any claim for compensation covered by insurance or other financial security under this section may be brought directly against the insurer or other person providing financial security.
In one such case, the amount set out in paragraph 1 is the limit of the liability of the insurer or other person providing financial security, even if the carrier or the actual carrier is not entitled to limit its liability. In addition, the defendant may avail himself of the defences that the carrier referred to in paragraph 1 would be entitled to invoke in accordance with this Convention (except those from the bankruptcy or winding up). Furthermore, the defendant may avail itself of the fact that the damage resulted from the wilful misconduct of the insured, but it cannot rely on any other means of defence that it could have been entitled to invoke in proceedings brought by an insured against him. The defendant is in any case entitled to require the carrier and the actual carrier to join in the proceedings.
11. all funds set up by insurance or other financial guarantee contracted in accordance with paragraph 1 are only available for the settlement of claims due under this Convention and any payment of these funds disclaims liability born of this Convention at the rate of the amounts paid.
12. If a State party does not allow a vessel subject to the provisions of this article and flying its flag to be used at any time if the ship 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 security corresponding to the requirements of paragraph 1 covers any vessel licensed to carry more than 12 passengers, regardless of its place of registration, that touches or leaving a port in 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 situated in its territory, provided that the State party which issues the certificate has notified the Secretary-General that it wished , in electronic form, records that are available to all States Parties, attesting the existence of the certificate and enabling States Parties to discharge their obligations under paragraph 13.
15. If a ship owned by a State party is not covered by insurance or other financial guarantee, the relevant provisions of this section it shall not apply. This ship should however be equipped with a certificate issued by the competent authorities of the State of registry stating that the ship is owned by that State and that its responsibility is covered at the amount prescribed in accordance with paragraph 1.
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: 'Article 7. Limitation of liability in case of death and personal injury 1. The liability of the carrier in case of death or bodily injury of a passenger under article 3 is limited, in all cases, 400 000 units of account per passenger for the same event. If according to the law of the court seised, compensation can be fixed annuity, capital of the annuity cannot exceed this limit.
2. a State party may stipulate pursuant to express provisions of its national law the limit of liability prescribed in paragraph 1, provided that the limit of liability contained, if applicable, level national is not less than that prescribed in paragraph 1.
A State party that makes use of the option provided in this paragraph shall notify the Secretary general the limit of liability adopted or the fact that there is not. ' ARTICLE 7 article 8 of the Convention is replaced by the following: 'Article 8. Limit of liability for loss or damage to luggage and vehicles 1. The liability of the carrier for loss or damage to carry-on baggage is limited, in all cases, 2 250 units of account per passenger and transport.
2. the liability of the carrier for loss or damage to vehicles including all luggage carried in the vehicle, is limited, in all cases, to 12 700 units of account per vehicle and transport.
3. the liability of the carrier for loss or damage to luggage other than those referred to in paragraphs 1 and 2, is limited, in all cases, 3 375 units of account per passenger and transport.
4. the carrier and the passenger may agree that the liability of the carrier is subject to a deductible not exceeding 330 units of account in the case of damage to a vehicle and 149 units of account per passenger in the event of loss or damage to other baggage. This amount is deducted from the amount of the loss or damage.
' ARTICLE 8 article 9 of the Convention is replaced by the following: 'Article 9. Unit of account and conversion 1. The unit of account mentioned in this Convention is the special drawing right for as defined by the Monetary Fund international. The amounts mentioned in paragraph 1 of article 3, paragraph 1 of article 4bis, paragraph 1 of article 7 and article 8 are converted into the national currency of the State of the court seized of the case on the basis of the value of this currency in relation to the special drawing right on the date of the judgment or the date adopted by mutual agreement by the parties. The value in special drawing rights, of the national currency of a State party which is a member of the international monetary fund is calculated according to the method of valuation applied by the international monetary Fund on the date in question for its own operations and transactions. The value in special drawing rights, of the national currency of a State party which is not a member of the Monetary Fund international is calculated in the manner determined by that State party.
2. However, a State which is not member of international monetary fund and whose law does not allow to apply the provisions of paragraph 1 may, at the time of ratification, acceptance or approval of this Convention or accession thereto, or at any time thereafter, declare that the unit of account referred to in paragraph 1 is equal to 15 gold francs. The gold franc referred to in this paragraph corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. The conversion of the gold franc into national currency is carried out in accordance with the legislation of the State concerned.
3. the calculation mentioned in the last sentence of paragraph 1 and the conversion mentioned in paragraph 2 are made so as to express in the national currency of the State party the same real value, wherever possible, to the amounts provided for in paragraph 1 of article 3, paragraph 1 of article 4bis, paragraph 1 of article 7 and article 8 than that which would result from the application of the first three sentences of paragraph 1.
States shall communicate to the Secretary-General their method of calculation pursuant to paragraph 1 or the results of the conversion in paragraph 2, as appropriate, upon the deposit of their instrument of ratification, acceptance or approval of this Convention or accession to it and whenever a change occurs in this method of calculation or in these results. ' ARTICLE 9 paragraph 3 of article 16 of the Convention is replaced by the following text: "(3. Court Act governs the causes for suspension and interruption of limitation periods, but in no case an action under this Convention may not be commenced after expiration of one of the following deadlines: has) a period of five years from the date of disembarkation of the passenger or from the date on which landed. should have taken place, the latest of these two dates being taken into consideration; or, if the expiry of the period following earlier delayed b) a period of three years from the date on which the applicant had knowledge or would reasonably

of having knowledge of the injury, loss or damage caused by the event. ' ARTICLE 10 article 17 of the Convention is replaced by the following: 'Article 17.
Jurisdiction 1. An action under articles 3 and 4 of this agreement must be brought, at the option of the applicant, before one of the courts listed below, provided that it is located in a State party to this Convention and in accordance with the provisions of the domestic law of each State party's jurisdiction in the States where several courts may be seized (: a) the Court of the State of the habitual residence or the principal place of business of the defendant;
(b) the Court of the State of the place of departure or the place of destination stipulated in the contract of carriage;
c) the Court of the State of domicile or habitual residence of the applicant, if the defendant has a seat of his activity in this State and is subject to the jurisdiction thereof; or (d) the Court of the State of the place of conclusion of the contract of carriage if the defendant is a seat of business and is subject to the jurisdiction of that State.
2. an action under article 4bis of the Convention must be brought, at the option of the applicant, before one of the courts from which an action could be brought against the carrier or the actual carrier in accordance with paragraph 1.
3. after the event that caused the damage, the parties may agree to the Court or the arbitral tribunal to which the application for compensation must be submitted. ' ARTICLE 11 the following text is added as article 17bis, of the Convention: "Article 17a. Recognition and enforcement of judgements 1. Any judgement given by a court with jurisdiction in accordance with article 17 which is enforceable in the State of origin where it can no longer be the subject of an ordinary appeal is recognised in any State party, except: a) if the judgment was obtained by fraud; or (b) if the defendant has not been advised in reasonable and implemented in time to present his defence.
2. any judgment that is recognized under paragraph 1 is enforceable in each State party as soon as the procedures required in that State have been met. These procedures do not allow a revision at the bottom of the application.
3. a State party to the present Protocol may apply other rules for the recognition and enforcement of judgments, subject that they have to ensure that judgments are recognised and enforced in the same extent at least that under paragraphs 1 and 2. ' ARTICLE 12 article 18 of the Convention is replaced by the following: 'Article 18. Invalidity of contractual provisions any contractual stipulation, concluded before the event that has caused the death or injury of the passenger, or loss or damage to his luggage and to exempt any responsible person under this Convention for its liability to the passenger or to establish a liability limit of less than that laid down by this Convention , except as provided for in paragraph 4 of article 8, or to reverse the burden of proof that rests by the carrier or the performing carrier, or which would have the effect of restricting the choice specified in paragraph 1 or paragraph 2 of article 17, is null and void; but the invalidity of this stipulation does not cause 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: 'Article 20.
Nuclear damage no person shall be held liable for damage caused by a nuclear accident under this Convention: a) if the operator of a nuclear installation is liable for such damage pursuant to the Paris Convention of 29 July 1960 on civil liability in the field of nuclear energy, amended by the additional protocol of 28 January 1964 , or under the Vienna Convention of 21 May 1963 on civil liability for nuclear damage, or any amendment or Protocol thereto which is in force;
or (b) if the operator of a nuclear installation is liable for such damage under the national law governing the responsibility of the head of such damage, provided that this legislation is in all respects as favourable to persons who may suffer damage as either the Paris or Vienna Conventions or any amendment or Protocol thereto which is in force. ' ARTICLE 14. Model of certificate 1. The model certificate annexed to this Protocol is incorporated as an annex to the Convention.
2. the following text is added as article 1bis of the Convention: "Article 1bis.
Annex the annex to the Convention is part integral of the Convention. ' ARTICLE 15. Interpretation and application 1. The Convention and this Protocol are the parties to this Protocol, considered and interpreted as forming a single instrument.
2. the Convention, as revised by this Protocol, applies to receivables arising from events subsequent to the entry into force of this Protocol with respect to each State.
3. articles 1 to 22 of the Convention, as revised by this Protocol, together with articles 17 to 25 of the Protocol and its annex constitute and are called the Athens Convention 2002 relating to the carriage of passengers and their luggage by sea.
ARTICLE 16 the following text is added as article 22A of the Convention.
'Article 22A. Final clauses of the Convention the final clauses of this Convention are articles 17 to 25 of the Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by sea, 1974. In this agreement, references to States Parties are considered to be references to States Parties to this Protocol. ' ARTICLE 17 FINAL PROVISIONS. Signature, ratification, acceptance, approval and accession 1. This Protocol shall be open for signature at the headquarters of the organization from 1 May 2003 to 30 April 2004 and then shall remain open for accession.
(2. States may express their consent to be bound by this Protocol by: a) signature without reservation as to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or (c) accession.
3. ratification, acceptance, approval or accession is 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 the present Protocol with respect to all existing Parties or after the completion of all measures required for the entry into force of the amendment with respect to those States Parties shall be deemed to apply to this Protocol as modified by the amendment.
(5. a State should not express its consent to be bound by this Protocol unless denounce, in case it would be party: a) the Athens Convention relating to the carriage of passengers and their luggage by sea, done at Athens on 13 December 1974;
(b) the Protocol to the Athens Convention relating to the carriage of passengers and their luggage by sea, done at London on 19 November 1976; and (c) the Protocol of 1990 to amend the Athens Convention relating to the carriage of passengers and their luggage by sea, done 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.
SECTION 18. States with more than one legal regime 1. If there are two or more territorial units in which different legal regimes are applicable with regard to matters dealt with in the present Protocol, a State may, at the time of signature, ratification, acceptance, approval or accession, declare that this Protocol applies to all of its territorial units or only to one or more of them , and may modify this declaration by submitting another declaration at any time.
2. the declaration shall be notified to the Secretary-General and precise expressly the territorial units to which this Protocol applies.
3. in the case of a State party that has made such a statement: a) references to the State of registry of a ship and, when it comes to a compulsory insurance certificate, to the State which issuing or certifying the certificate, are interpreted as respectively referring to the territorial unit in which the vessel is registered and which issues or seeks the certificate;
(b) references to the requirements of national law, the national liability limit and the national currency shall be construed as respectively referring to the requirements of law, to the limit; liability and the currency of the relevant territorial unit and (c) references to the courts of the States Parties and to judgments which must be recognised in these States are interpreted as respectively referring to the courts in the relevant territorial unit and to judgments which must be recognised in this territorial unit.
SECTION 19. Regional economic integration organisations 1.
A regional economic integration organization constituted by sovereign States that have transferred

jurisdiction over certain matters this Protocol may sign, ratify, accept or approve this Protocol or accede. A regional economic integration organisation that is a party to this Protocol has the rights and obligations of a State party, insofar as it has jurisdiction to the matters governed by this Protocol.
2. where 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 which are Parties to this Protocol and which transferred to the Organization jurisdiction for the subject matter in question. A regional economic integration organization shall not exercise its right to vote if its Member States exercise theirs, and vice versa.
3. when the number of States Parties is relevant for the purposes of this Protocol, including sections 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 made a statement to the Secretary-General specifying the matters governed by this Protocol for which its Member States which are signatories of this Protocol or Parties to the present Protocol have transferred competence, and any other restrictions relevant to the scope of this jurisdiction. The regional economic integration organization shall promptly notify the Secretary-General any change in the distribution of powers specified in the notice referred to in this paragraph, including new transfers of competence. Such a declaration shall be communicated by the Secretary-General, in accordance with article 24 of this Protocol.
5. States Parties which are Member States of a regional economic integration organisation that is a party to the present Protocol are presumed to have jurisdiction in relation to all matters dealt with in this Protocol in respect of which transfers of competence to the Organization have not been specifically declared or notified under paragraph 4.
SECTION 20. Entry into force 1.
This Protocol comes into force twelve months after the date on which ten States, either have signed it without reservation as to ratification, acceptance or approval, or have deposited an instrument of ratification, acceptance, approval or accession with the Secretary-General.
2. for any State which ratifies, accepts, approves it or accedes thereto after the requirements for entry into force laid down in paragraph 1 have been fulfilled, this Protocol shall enter into force three months after the date of deposit by such State of the instrument proper, but not before the entry into force of this Protocol in accordance with paragraph 1.
SECTION 21. Denunciation 1.
This Protocol may be denounced by any of the States Parties at any time after the date on which it enters into force for that State.
2. the denunciation shall be effected by the deposit of an instrument to that effect with the Secretary-General.
3. the denunciation shall take effect twelve months after the date of deposit of the instrument of denunciation from the Secretary-General or the expiration of such longer period which may be specified in that instrument.
4 between the States Parties to this Protocol, denunciation by any of them of the Convention in accordance with article 25 thereof is never interpreted as a denunciation of the Convention as revised by this Protocol.
SECTION 22. Revision and Amendment 1. The organization may convene a conference aimed to revise or modify this Protocol.
2. the Organization shall convene a conference of States Parties to the present Protocol, intended to revise or modify, at the request of one-third of the States Parties.
SECTION 23. Amendment of limits 1. Without prejudice to the provisions of article 22, the special procedure in this article applies only for the purposes of amending the limits set out in paragraph 1 of article 3, paragraph 1 of article 4bis, paragraph 1 of 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, a minimum of six of the States Parties to this Protocol, any proposal to amend the limits, including the relief referred to in paragraph 1 of article 3, paragraph 1 of article 4bis, paragraph 1 of article 7 and article 8 of the Convention, as revised by this Protocol is transmitted by the Secretary-General to all members of the Organization and to all States Parties.
3. any amendment proposed and circulated as above is subject to the legal Committee of the Organization (hereinafter referred to as "the legal Committee") for consideration this last six months at least after the date on which it was broadcast.
4 all the States Parties to the Convention, as amended by the present Protocol, whether or not they are members of the Organization, are authorized to participate in the proceedings of the legal Committee to review and adopt the amendments.
5. amendments shall be adopted by majority of two thirds of the States Parties to the Convention as revised by this Protocol, present and voting in the legal Committee expanded in accordance with paragraph 4, provided that the half at least 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 amend the limits, the legal Committee takes account of the experience gained in events and, in particular, the amount of damage resulting therefrom, the fluctuations in the value of currencies and the impact of the amendment on the cost of insurance.
7. has) no amendment to amend the limits under this article may be reviewed before the expiry of a period of five years from the date in which this Protocol was opened for signature, or a period of five years from the date of entry into force of a previous amendment under this article.
(b) no limit may be relieved to the point of exceeding an amount corresponding to the limit laid down in the Convention, such as revised by this Protocol increased by six per cent per annum, compound interest, from the date on which this Protocol was opened for signature.
(c) no limit may be raised to exceed an amount equal to three times the limit laid down 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 is deemed to have been accepted on the expiry of a period of eighteen months after the date of its notification, unless during this period, a quarter at least one of the States that were States Parties at the time of the adoption of the amendment have communicated to the Secretary-General that they do not accept that case the amendment is rejected and has no effect.
9. an amendment deemed to have been accepted in accordance with paragraph 8 shall enter into force eighteen months after its acceptance.
10 all States Parties are bound by the amendment, unless they denounce this Protocol in accordance with paragraphs 1 and 2 of article 21, six months at least before the entry into force of this amendment. This denunciation takes effect when the amendment enters into force.
11. when an amendment has been adopted but the eighteen months acceptance period has not yet expired, any State becoming a State party during that period is bound by the amendment if it enters into force.
A State which becomes a State party after expiry of this period is bound by any amendment which has been accepted in accordance with paragraph 8. In the cases referred to in this paragraph, a State is bound by an amendment of the date of entry into force of the amendment or of the date of entry into force of this Protocol for that State, if the latter date is later.
SECTION 24. Depositary 1.
This Protocol and any amendments adopted under article 23 shall be deposited with the Secretary-General.
((2 the Secretary-General: has) inform all States which have signed the present Protocol or acceded: i) of any new signature or any deposit of an instrument of ratification, acceptance, approval or accession, as well as of their date;
(ii) of any declaration and communication made under paragraphs 2 and 3 of article 9, paragraph 1 of article 18 and paragraph 4 of article 19 of the Convention as revised by this Protocol;
(iii) from the date of entry into force of this Protocol;
(iv) of any proposal to amend the limits, which was presented in accordance with paragraph 2 of article 23 of this Protocol;
(v) of any amendment adopted in accordance with paragraph 5 of article 23 of this Protocol;
(vi) of any amendment deemed have been accepted pursuant to paragraph 8 of article 23 of this Protocol together with the date on which the amendment enters into force, in accordance with paragraphs 9 and 10 of this article;
VII) filing of any instrument of denunciation of this Protocol together with the date on which the deposit

is reached and the date on which it takes effect;
(viii) any communication provided for by any of the articles of this Protocol;
(b) transmit certified copies of this Protocol to all States which have signed the present Protocol or acceded.
3. upon the entry into force of the present Protocol, the Secretary-General transmits 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.
SECTION 25. Languages this Protocol is established in a single original in the languages Arabic, Chinese, English, French, Russian, and Spanish all texts being equally authentic.
DONE at London this first day of November, two thousand two.

Annex certificate of insurance or other guarantee financial RELATIVE A the liability in case of death and of LESIONS tangible of passengers issued in accordance with the provisions of article 4bis of the Athens Convention 2002 relating to the carriage of passengers and their luggage Naam van het schip identification-nummer of - letters IMO-scheepsiden-tificatie - nummer Haven van registratie Naam in volledig adres van het hoofd-kantoor van vervoer-der die het vervoer fei-telijk ver-richt name by sea ship number or letters dis - tinctifs number IMO identifica-tion of the vessel Port of plate-moder name and address com-full of the principal place of business of the carrier that provides effective - LY transport it is certified that the above ship is covered by insurance or other financial security satisfying the requirements of article 4bis of the Athens Convention 2002 relating to the carriage of passengers and their luggage by sea.
Type of warranty length of warranty name and address of the insurer (or insurers) and/or the guarantor (or guarantors) name address this certificate is valid until the issued or stamped by the Government of (full name of the State) or should use the following text when a State party avails itself of the provisions of paragraph 3 of article 4bis : The present certificate is issued under the authority of Government of........................................................................... (nom complet de
l'Etat) par ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
..... (name of the institution or agency)
A..................................................................... (place) (date) (signature and title of the official who issues or seeks the certificate) Explanatory Notes: 1. designation of the State, can, if desired, mentioning the competent public authority of the country in which the certificate is issued.
2. where the total amount of the guarantee comes from several sources, should indicate the amount provided by each of them.
3. when the warranty is provided in many forms, there are place to list them.
4. under the heading "Duration of the guarantee", it should be noted the date on which it takes effect.
5. under the heading "address of the insurer (or insurers) and/or the guarantor (or the guarantor)", should indicate the address of the principal place of business of the insurer (or insurers) and/or the guarantor (or guarantors). If necessary, should indicate the place of business where the insurance or guarantee has established.

GUIDELINES of IMO for the APPLICATION of the Athens CONVENTION (extract from "Guidelines of IMO for the application of the Athens convention" adopted by the legal Committee of the international maritime organization, October 19, 2006 guidelines 2) The current situation of the insurance market, States Parties should issue certificates of insurance on the basis of a commitment on the part of an insurer covering the risks of war and another insurer covering the risks unrelated to the war. Each insurer should only be responsible for the part that he is committed to ensuring. The following rules should apply (the mentioned clauses are set out in Appendix A): 2.1. Insurance including war risk and insurance excluding the risk of war can one and the other being subject to the following clauses: 2.1.1. Clause of the Institute excluding radioactive contamination and chemical biological, biochemical and electromagnetic weapons (clause No. 370);
2.1.2 clause of the Institute excluding cyber attacks (clause No. 380);
2.1.3. the exceptions and limitations identified by the provider of a compulsory financial guarantee under the Convention, as amended by the present guidelines, in particular the limit of 250,000 units of account per passenger for the same event.
2.1.4. the reserve that insurance should cover only the amounts of liability covered by the Convention, as amended by the present Directives; and 2.1.5. the reserve that any amount set under the Convention be used to reduce the amount the carrier and/or its insurer will be / will be still light (s) payable under article 4bis of the Convention, although this amount has not been paid by the insurer covering the risk of war or the insurer covering not the risks of war , or claimed at one of them.
2.2. the insurance including the risk of war must cover liability, if any, with respect to damages resulting from death or personal injury to a passenger caused by the following risks:-war, civil war, revolution, rebellion, insurrection, or civil strife arising, or any hostile act by or against a belligerent power;
-capture, confiscation, seizure, constraint or detention and their consequences, or attempt to capture, confiscation, seizure, restraint or detention;
-mines, torpedoes or abandoned bombs or other weapons abandoned;
– Act of terrorism or criminal or political character, and any action taken to prevent or counteract such a risk;
-confiscation and expropriation;
but may be subject to the exclusions, limitations and conditions: 2.2.1. The risk of war exclusion clause and automatic cancellation of coverage.
2.2.2. where the total amount of the respective passenger claims exceeds the total amount of 340 million units of account per vessel for a single event, the carrier is entitled to invoke the limitation of liability at a cost of 340 million units of account, being always understood that:-this amount should be apportioned among the creditors in proportion to their respective claims accepted;
-This amount can be distributed in one or several tranches to creditors known at the time of sharing; and – the share of this amount may be made by the insurer or by a court or other competent authority seized by the insurer in any State party in which action is committed to claims that are supposed to be covered by the insurance.
2.2.3 clause of the thirty day notice in cases which are not covered by 2.2.1 2.3. Insurance excluding the risk of war should cover all risks covered by compulsory insurance other than those listed in 2.2, whether or not subject to exclusions, limitations, or conditions set out in 2.1 and 2.2.
3 models of commitments of insurers ("blue cards") and insurance certificate, comply with these guidelines, listed in Appendix B. Appendix A Insurance Clauses mentioned in paragraphs 2.1.1 2.1.2 and 2.2.1 to the guidelines 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 conflicting provision contained in this policy.
1. this policy covers any damages, liability or expenses incurred, induced or caused directly or indirectly by: 1.1. ionising radiation or contamination by radioactivity produced by a nuclear fuel or residual nuclear whatever it is or by the combustion of nuclear fuel;
1.2. the properties radioactive, toxic, explosive or other hazardous properties or contaminating of a nuclear facility, a nuclear reactor or any of their other elements or nuclear components;
1.3. any weapon or any device using the fission or atomic or nuclear fusion or any other similar reaction or force or radioactive material;
1.4. the radioactive, toxic, explosive properties or the potentially hazardous nature or contaminant of radioactive material whatsoever. The exclusion referred to in this clause does not extend to other than nuclear fuel radioactive isotopes when these isotopes are prepared, transported, stored, or used for commercial, agricultural, medical, scientific purposes or for other peaceful purposes;
1.5. any chemical, biological, biochemical or electromagnetic weapon.
Clause of the Institute excluding cyber-attacks (CL. 380, 10/11/03) 1. Subject to paragraph 2 below of the clause, this policy does cover any damages, liability or expenses incurred, induced or caused directly or indirectly by the use or exploitation, for the purpose of causing injury, of a computer, computer system, software, code malware, viruses 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 strife in resulting, or any hostile act by or against a belligerent power or any act of terrorism or political character, paragraph 1 of the clause does not exclude losses (which otherwise would be covered) arising from the use of a computer, computer or software system or other electronics for the system launch and/or guidance and/or the setting mechanism
to fire any weapon or any missile.
Automatic termination of the coverage of the risks of war and exclusion 1.1. Automatic termination of cover, whether or not the notice of cancellation is notified of the risks of war under this policy, etc., automatically is severable: 1.1.1. at the outbreak of war (with or without declaration) between two or more of the following countries: United Kingdom, United States of America, France, Federation of Russia, People's Republic of China;
1.1.2. in respect of any vessel for which coverage is provided under this policy, in the event of requisition of this ship for possession or use.
1.2 war between the five major powers this policy excludes: 1.2.1. such damages, civil or fresh with the original: the outbreak of war (with or without declaration) between two or more of the following countries: United Kingdom, United States of America, France, Federation of Russia, People's Republic of China; and 1.2.2. the requisition for possession or use.
Appendix B I. examples of commitments of insurers (blue cards) referred to in the blue card guidelines issued by the insurers covering risks of war certificate in lieu of proof of insurance in accordance with article 4bis of the Athens Convention 2002 relating to the carriage by sea of passengers and their luggage name of ship: IMO number identification of the vessel: Port of registry : Name and address of the owner: this is to certify that the above-mentioned vessel, as long as it belongs to the owner whose name appears above, is covered by a policy of insurance satisfying the requirements of article 4bis of the Athens Convention 2002 relating to the carriage by sea of passengers and their baggage, subject to any exclusions and limitations provided for compulsory insurance covering the risks of war under the terms of the Convention and the guidelines adopted in October 2006 by the legal Committee of the international maritime organization, and in particular the following clauses: [will fit here arches of the Convention and guidelines and appendages that you wish] period of validity of the policy of: to the: being heard that the insurer has the ability to cancel this certificate by sending written notice 30 days to the authority concerned in which case the liability of the insurer mentioned below ends from the date of expiry of the said period of notice but only in respect of incidents arising after that date.
Date: Certificate issued by: [address] Signature of the insurer acting as exclusive agent of blue card issued by the insurers covering not the risks of war certificate in lieu of proof of insurance in accordance with article 4bis of the Athens Convention 2002 relating to the carriage by sea of passengers and their luggage name of ship: IMO number identification of the ship : Port of registry: name and address of the owner: this is to certify that the above-mentioned vessel, as long as it belongs to the owner whose name appears above, is covered by a policy of insurance satisfying the requirements of article 4bis of the Athens Convention 2002 relating to the carriage by sea of passengers and their baggage, subject to the exclusions and limitations for the insurers covering not the risks of war under the terms of the Convention and the guidelines application adopted in October 2006 by the legal Committee of the international maritime organization, and in particular the following clauses: [will fit here arches of the Convention and guidelines and appendages that you wish] period of validity of the policy of: to the: being heard that the insurer has the option to cancel this certificate by sending written notice three months to the authority concerned in which case the liability of the insurer mentioned below ends from the date of expiry of the said period of notice, but only in respect of incidents arising after that date.
Date: Certificate issued by: [address] Signature of the insurer as exclusive agent of II. Model of certificate of insurance referred to in paragraph 3 guidelines certificate of insurance or other financial security in respect has the responsibility in case of death and personal injury to passengers issued in accordance with the provisions of article 4bis of the Athens Convention 2002 relating to the carriage of passengers and their luggage by sea.
Name of vessel number or letters distinctive number IMO identification of the vessel Port of registry name and full address of the principal place of business of the carrier who provides actually carrying it is certified that the above-mentioned ship is covered by insurance or other financial security satisfying the requirements of article 4bis of the Athens Convention 2002 relating to the carriage of passengers and their luggage by sea.
Type of warranty length of warranty name and address of the insurer (or insurers) and/or the guarantor (or guarantors) insurance coverage that is the subject of this certificate is divided into two parts: one includes the risks of war and the other excludes, in application of the guidelines for the implementation of the Convention adopted by the legal Committee of the international maritime organization in October 2006. Each of these parts of the insurance is subject to the exclusions and limitations laid down in the terms of the Convention and the implementing Directives. Insurers, who are not jointly and severally responsible, are as follows: war risk included: [address] war risk excluded: [address] this certificate is valid until the issued or stamped by the Government of (full name of the State) or should use the following text when a State party avails itself of the provisions of paragraph 3 of article 4bis: this certificate is issued under the authority of the Government of (full name of the State) (place) on (date).
(Signature and title of the officer issuing or visele certificate)
Explanatory notes: 1. the designation of the State can, if desired, mentioning the competent public authority of the country in which the certificate is issued.
2. where the total amount of the guarantee comes from several sources, should indicate the amount provided by each of them.
3. when the warranty is provided in many forms, there are place to list them.
4. under the heading "Duration of the guarantee", it should be noted the date on which it takes effect.
5. under the heading "address of the insurer (or insurers) and/or the guarantor (or the guarantor)", should indicate the address of the principal place of business of the insurer (or insurers) and/or the guarantor (or guarantors). If necessary, should indicate the place of business where the insurance or guarantee has established.

Reservations relating to the accession of the Kingdom of Belgium, the Protocol of 2002 to the Athens Convention of 1974 relating to the carriage of passengers and their baggage ("the Convention") by sea.
Limitation of liability of the carrier, etc. '[1.] '. The Government of the Kingdom of Belgium reserves the right, and undertakes to limit liability to the smallest of the following amounts, where applicable, under paragraph 1 or 2 of article 3 of the Convention in the event of death or bodily injury to a passenger caused by any any risks mentioned in paragraph 2.2 of the IMO guidelines for implementation of the Athens Convention : - 250 000 units of account per passenger for the same event. or - 340 million units of account overall per ship for the same event.
[2.] the Government of the Kingdom of Belgium also reserves the right, and is committed to, apply to this financial support mutatis mutandis paragraphs 2.1.1 and 2.2.2 of the IMO guidelines for implementation of the Athens Convention.
[3.] the liability of the carrier under article 4 of the Convention, the liability of the servants and agents of the carrier or the carrier substituted pursuant to article 11 of the Convention and the total amount recoverable under article 12 of the Convention must be limited in the same way.
[4] the reserve and the commitment referred to in paragraph 1 shall apply regardless of the basis of liability under paragraph 1 or 2 of article 3 and notwithstanding any contrary provision of article 4 or article 7 of the Convention; However, this reservation and commitment do not affect the application of articles 10 and 13.
Compulsory insurance and limitation of the liability of insurers [5] The Government of the Kingdom of Belgium reserves the right, and is committed to, limit to the smallest of the following amounts the obligation by virtue of paragraph 1 of article 4bis insurance or other guaranteed financial

cases of death or bodily injury to a passenger caused by any risks mentioned in paragraph 2.2 of the IMO guidelines for implementation of the Athens Convention:-250,000 units of account per passenger for the same event. or - 340 million units of account overall per ship for the same event.
[6] the Government of the Kingdom of Belgium reserves the right, and is committed to, limit the liability of the insurer or other person providing financial security under paragraph 10 of article 4bis, in case of death or personal injury to a passenger caused by any any risks mentioned in paragraph 2.2 of the IMO guidelines for implementation of the Athens Convention to the amount of the insurance or other financial that the carrier is required to guarantee subscribe, provided for in paragraph 5 of this reservation.
[7.] the Government of the Kingdom of Belgium also reserves the right, and is committed to, apply the IMO guidelines for implementation of the Athens Convention, including the provisions referred to in paragraphs 2.1 and 2.2 of these directives for any compulsory insurance policy pursuant to the Convention.
[8.] the Government of the Kingdom of Belgium reserves the right, and undertakes to exempt the supplier from the insurance or other financial security provided for in paragraph 1stmini article 4bis from any liability that it is not committed to support.
Issuance of the certificate [9.] The Government of the Kingdom of Belgium reserves the right, and is committed to, issue certificates of insurance under paragraph 2 of article 4bis of the Convention so as to:-reflect the limitations of liability and the conditions relating to the coverage of insurance referred to in paragraphs 1, 5, 6 and 8; and - add all other limitations, conditions and exclusions that it considers necessary in light of the requirements of the market of insurance at the time of the issuance of the certificate.
[10.] the Government of the Kingdom of Belgium reserves the right, and is committed to, accept insurance certificates issued by other States Parties that have a similar reserve.
[11.] all such limitations, conditions and exclusions must be clearly indicated on the certificate issuing or certifying under paragraph 2 of article 4bis of the Convention.
Relationship between this reservation and the IMO guidelines for implementation of the Athens Convention [12.] The rights covered by this reservation shall be exercised with due regard to the IMO guidelines for the application of the Athens Convention, or any amendment y relative, to ensure consistency. If a proposal to amend the IMO guidelines for the application of the Athens Convention, including the limits, has been approved by the legal Committee of the international maritime organization, these amendments apply from the date fixed by the Committee and without prejudice to the rules of international law relating to the right that has a State to withdraw or modify its reservation. »