Law On Ratification Of The Protocol Of 2002 To The Athens Convention Relating To The Carriage Of Passengers And Their Luggage By Sea, 1974.

Original Language Title: Закон за ратифициране на Протокола от 2002 г. към Атинската конвенция относно превоза на пътници и личния им багаж по море от 1974 г.

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Name of the law, law on the ratification of the Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by sea, 1974.




The name of the Bill the Bill of ratification of the Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by sea, 1974.





Date of acceptance 28/02/2013 number/year Official Gazette 27/2013 Decree No 48

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law for ratification of the Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by sea, 1974, adopted by the National Assembly of the HLI 28 February 2013.

Issued in Sofia on 7 March 2013.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Diana Kovatcheva

LAW

of ratification of the Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by sea, 1974.

Article only. Has ratified the Protocol of 2002 to the Athens Convention relating to the carriage of passengers and their luggage by sea, 1974, with the following reservation:

"The reserve in connection with the ratification by the Republic of Bulgaria of the Athens Convention relating to the carriage of passengers and their luggage by sea, 2002 (" the Convention ")

Limitation of liability of carriers, etc.

1. the Republic of Bulgaria retains the right and undertakes to limit liability under article 3, paragraphs 1 and 2 of the Convention, if such occurs, in respect of death or personal injury to a passenger caused by any of the risks referred to in paragraph 2.2 of the IMO guidelines for implementation of the Athens Convention, up to the lesser of the following amounts;

a) 250 000 units of account in respect of each passenger on a case by case basis,

or

b) 340 million units of account overall per ship on a case by case basis.

2. the Republic of Bulgaria retains the right and undertakes to apply mutatis mutandis to the cases where such liability paragraphs 2.1.1 and 2.2.2 of the IMO guidelines for implementation of the Athens Convention.

3. In the same way limited the liability of the performing carrier pursuant to article 4 of the Convention, the liability of servants and agents of the carrier or the performing prezozvač referred to in article 11 of the Convention and in relation to the sum of the benefits due under article 12 of the Convention.

4. Reserve and an obligation as described in paragraph 1.2 shall apply regardless of the basis of liability referred to in article 3 (1) or (2), and notwithstanding any provisions to the contrary to articles 4 and 7 of the Convention; This disclaimer and this obligation, however, shall not affect the validity of articles 10 and 13.

Compulsory insurance and limitation of liability of insurers

5. the Republic of Bulgaria retains the right and undertakes to limit the requirement referred to in Article 4A, paragraph 1 to maintain insurance or other financial security in the event of death or personal injury to a passenger caused by any of the risks referred to in paragraph 2.2 of the IMO Guidelines for implementation of PAS-the Athens Convention, up to the lesser of the following amounts:

a) 250 000 units of account in respect of each passenger on a case by case basis,

or

b) 340 million units of account overall per ship on a case by case basis.

6. the Republic of Bulgaria retains the right and undertakes to limit the liability of the insurer or other person providing financial security referred to in Article 4A, paragraph 10 in respect of death or personal injury to a passenger caused by any of the risks referred to in paragraph 2.2 of the IMO guidelines for implementation of the Athens Convention, up to the limit of the amount of the insurance or other financial security that the carrier is required to maintain under paragraph 1 – 6 of this reservation.

7. the Republic of Bulgaria also retains the right and undertakes to apply the IMO guidelines for implementation of the Athens Convention, including the provisions referred to in paragraphs 2.1 and 2.2 of the guidelines, to any compulsory insurance under the Convention.

8. the Republic of Bulgaria retains the right and undertakes to release the person providing insurance or other financial security under article 4 a, paragraph 1, of any responsibility, for which it has assumed an obligation.

Issue of certificates

9. the Republic of Bulgaria retains the right and undertakes to issue certificates of insurance in accordance with article 4, paragraph 2, of the Convention with a view to:

a) to reflect the limitation of liability and insurance coverage requirements set out in paragraphs 1.2, 1.6, 1.7 and 1.9, as well as

(b)), to include other similar limitations, requirements and exemptions, deems necessary depending on the terms of the insurance market at the time of issue of the certificate.

10. the Republic of Bulgaria retains the right and undertakes to accept insurance certificates issued by other States-parties to the Convention, in accordance with such a reservation.

11. Any such limitations, requirements and exemptions are reflected clearly in the certificate issued or certified under article 4 a, paragraph 2, of the Convention.

Relation between this reservation and the IMO guidelines for implementation of the Athens Convention

12. rights retained by this reservation shall be exercised with due consideration of the IMO guidelines for implementation of the Athens Convention and any amendments thereto in order to ensure consistency. If a proposal amending the IMO guidelines for implementation of the Athens Convention, including the limits approved by the legal Committee of the International Maritime Organization, the amendments shall apply from a date to be determined by the Committee. This is without prejudice to the provisions of international law regarding the right of a State to withdraw or modify its reservation. "

The law was adopted by 41-Otto National Assembly on 28 February 2013 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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