Advanced Search

Law On Consent To The Convention On The Accession Of The Republic Of Austria, The Republic Of Finland And The Kingdom Of Sweden To The Convention On The Law Applicable To Contractual Obligations, Opened For Signature In Rome On 19 June 1

Original Language Title: Loi portant assentiment à la Convention relative à l'adhésion de la République d'Autriche, de la République de Finlande et du Royaume de Suède à la Convention sur la loi applicable aux obligations contractuelles, ouverte à la signature à Rome le 19 juin 1

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

25 AVRIL 2004. - Act enacting the Convention on the Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention on the Law Applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980, and to the First and Second Protocols concerning its interpretation by the Court of Justice, and to the Joint Declaration, made in Brussels on 29 November 1996 (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constution.
Art. 2. The Convention on the Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention on the Law Applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980, as well as the First and Second Protocols concerning its interpretation by the Court of Justice, and the Joint Declaration, made in Brussels on 29 November 1996, will come out their full and full effect.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 25 April 2004.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of Justice,
Ms. L. ONKELINX
The Secretary of State for European Affairs,
Ms. F. RIESE
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Session.
Senate.
Documents.
Bill tabled on 8 December 2003, No. 3-402/1.
Report on behalf of the Commission, No. 3-402/2.
Annales parliamentarians.
Discussion, meeting of 12 February 2004.
Vote, meeting of 12 February 2004.
Room
Documents
Project transmitted by the Senate, No. 51-807/1.
Text adopted in plenary and subject to Royal Assent, No. 51-807/2.
Annales parlementaire
Discussion, meeting of March 18, 2004.
Vote, meeting of 18 March 2004.
Convention relating to the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention on the Law Applicable to Contractual Obligations, open for signature in Rome on 19 June 1980, as well as to the First and Second Protocols concerning its interpretation by the Court of Justice
THE HIGH CONTRACTING PARTIES TO THE UNITED NATIONS
CONSIDERING that the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, by becoming members of the European Union, have pledged to accede to the Convention on the Law Applicable to Contractual Obligations, open for signature in Rome on 19 June 1980, as well as to the First and Second Protocols concerning its interpretation by the Court of Justice,
CONVENUES OF PROVISIONS WHICH MAY:
PART Ier. - General provisions
ARTICLE 1er
The Republic of Austria, the Republic of Finland and the Kingdom of Sweden adhere to:
(a) the Convention on the Law Applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980 and the following is referred to as the '80 Agreement' as a result of all modifications and amendments made thereto:
by the Convention, signed in Luxembourg on 10 April 1984 and below referred to as the "Convention of 1984", concerning the accession of the Hellenic Republic to the Convention on the Law Applicable to Contractual Obligations;
by the Convention, signed at Funchal on 18 May 1992 and below referred to as the "1992 Convention", concerning the accession of the Kingdom of Spain and the Portuguese Republic to the Convention on the Law Applicable to Contractual Obligations;
(b) the First Protocol, signed on 19 December 1988 and the following is known as the First Protocol of 1988, concerning the interpretation by the Court of Justice of the European Communities of the Convention on the Law Applicable to Contractual Obligations;
(c) to the Second Protocol, signed on 19 December 1988 and referred to as the "Second Protocol of 1988", assigning to the Court of Justice of the European Communities certain competences in the interpretation of the Convention on the Law Applicable to Contractual Obligations.
PART II. - Adaptations to the Protocol annexed to the 1980 Convention
ARTICLE 2
The Protocol annexed to the 1980 Convention is replaced by the following text:
" Notwithstanding the provisions of the Convention, Denmark, Sweden and Finland may retain the national provisions concerning the law applicable to matters relating to the carriage of goods by sea and may amend these provisions without following the procedure provided for in Article 23 of the Rome Convention.
The relevant national provisions are as follows:
- in Denmark, paragraphs 252 and 321, sub-sections 3 and 4 of the Solov (Marine Law),
- in Sweden, chapter 13, article 2, paragraphs 1 and 2, and chapter 14, article 1er, paragraph 3, of "sjölagen" (maritime law),
- in Finland, chapter 13, article 2, paragraphs 1 and 2, and chapter 14, article 1er, point 3, of « merilaki »/« sjölagen » (Marine law). »
PART III. - Adaptations to the First 1988 Protocol
ARTICLE 3
In Article 2 (a) of the First 1988 Protocol, the following dashes are inserted:
(a) between the tenth and eleventh drawers:
“In Austria, the Oberste Gerichtshof, the Verwaltungsgerichtshof and the Verfassungsgerichtshof”;
(b) Between the eleventh and the twelfth dash:
"in Finland, korkein oikeus/högsta domstolen, korkein hallinto-oikeus/högsta förvaltningsdomstolen, markkinatuomioistuin/marknadsdomstolen, and työtuomioistuin/arbetsdomstolen,
In Sweden, Högsta domstolen, Regeringsrätten, Arbetsdomstolen and Marknadsdomstolen."
PART IV. - Final provisions
ARTICLE 4
1. The Secretary General of the Council of the European Union shall give to the governments of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden a certified copy of the 1980 Convention, the 1984 Convention, the 1988 First Protocol, the 1988 Second Protocol and the 1992 Convention in German, English, Danish, Spanish, French, Greek, Irish, Italian, Dutch and Portuguese.
2. The texts of the 1980 Convention, the 1984 Convention, the First 1988 Protocol, the Second 1988 Protocol and the 1992 Convention, established in Finnish and Swedish languages, are reflected in the same conditions as the other texts of the 1980 Convention, the 1984 Convention, the First 1988 Protocol and the Second 1988 Protocol and the 1992 Convention.
ARTICLE 5
This Convention will be ratified by the signatory States. Instruments of ratification will be deposited with the Secretary-General of the Council of the European Union.
ARTICLE 6
1. This Convention comes into force, in the relations between the States that have ratified it, on the first day of the third month following the deposit of the last instrument of ratification by the Republic of Austria, the Republic of Finland or the Kingdom of Sweden and a Contracting State that has ratified the Convention on the Law Applicable to Contractual Obligations.
2. This Convention shall enter into force for each Contracting State which subsequently ratifys it on the first day of the third month following the deposit of its instrument of ratification.
ARTICLE 7
The Secretary General of the Council of the European Union shall notify the signatories:
(a) the deposit of any instrument of ratification;
(b) the dates of entry into force of this Convention for the Contracting States.
ARTICLE 8
This Convention, written in a single copy in the German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish languages, is deposited in the archives of the General Secretariat of the Council of the European Union. The Secretary-General shall issue a certified copy to each of the Governments of the signatory States.
Done in Brussels, the twenty-nine November, nine hundred and ninety-six.
Joint declaration to be annexed to the Convention on the Protocol annexed to the Rome Convention
The High Contracting Parties,
having examined the terms of the protocol annexed to the 1980 Rome Convention, as amended by the Convention relating to the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the 1980 Convention and to the First and Second 1988 Protocols,
Takes note that Denmark, Finland and Sweden declare their availability to examine to what extent it will be possible for them to ensure that any future amendment of their national law applicable to matters relating to the carriage of goods by sea will comply with the procedure provided for in Article 23 of the 1980 Rome Convention.

Convention relating to the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention on the Law Applicable to Contractual Obligations, open for signature in Rome on 19 June 1980, as well as to the First and Second Protocols concerning its interpretation by the Court of Justice, and Joint Declaration, made in Brussels on 29 November 1996
For the consultation of the table, see image