For The 1974 Athens Convention On Passengers And Their Luggage By Sea, 2002 Protocol

Original Language Title: Par 1974.gada Atēnu konvencijas par pasažieru un to bagāžas jūras pārvadājumu 2002.gada protokolu

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The Saeima has adopted and the President promulgated the following laws: The Athens Convention of 1974 on passengers and their luggage by sea, 2002, article 1 of the Protocol. 13 December 1974 Athens Convention on passengers and their luggage by sea (hereinafter referred to as the Convention) on 1 November 2002, the Protocol (hereinafter referred to as the Protocol) with this law is adopted and approved. 2. article. To denounce the Convention and its 19 November 1976 Protocol. 3. article. Fulfilment of the obligations provided for in the Protocol are coordinated by the Ministry of transportation. 4. article. This Protocol shall enter into force on the 20th for the period specified in article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 5. article. The Convention and its 19 November 1976 Protocol denunciation takes effect under article 17 of the Protocol within the time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 6. article. The law shall enter into force on the day following its promulgation. With the law put the Protocol in English, and its translation into Latvian language. The Parliament adopted the law 2004 22 December. State v. President Vaira Vīķe-Freiberga in Riga on 11 January 2005 in the PROTOCOL OF 2002 TO the Athens CONVENTION RELATING TO the carriage OF PASSENGER AND THEIR LUGGAG BY sea, 1974 the States parties to this Protocol, CONSIDERING that it is desirabl to revisit the Athens Convention relating to the carriage of Passenger and their Luggag by sea, done at Athens on 13 December 1974 It provides for enhanced compensation, to introduce strict liability, to establish a simplified procedure for updating the limitations, and to ensur a non compulsory insurance for the benefit of the passenger, RECALLING that the 1976 Protocol to the Convention introduces the Special Drawing right as the unit of account in place of the gold franc, HAVING NOTED that the 1990 Protocol to the Convention , which provides for enhanced compensation and a simplified procedure for updating the non limitations, has not entered into force, have AGREED as follows: article 1 For the purpose of this Protocol: 1. "Convention" means the text of the Athens Convention relating to the carriage of Passenger and their Luggag by sea, 1974 2. "Organization" means the International Maritime Organization. 3. "Secretary-General" means the Secretary-General of the Organization. Article 2 article 1, paragraph 1 of the Convention is replaced by the following text: 1. (a) "carrier" means a person by or on behalf of whom a contract of carriage has been concluded, whethers the carriage is actually performed by that person or by a performing carrier; (b) "performing carrier" means a person other than the carrier, being the owner, charterer or operator of a ship, who actually perform the whole or a part of the carriage; and (c) "carrier who actually perform the whole or a part of the carriage" means the performing carrier, or, the, in so far as the carrier actually perform the carriage, the carrier. Article 3 1 article 1, paragraph 10. of the Convention is replaced by the following: 10. "Organization" means the International Maritime Organization. 2. The following text is added as article 1, paragraph 11, of the Convention: 11. "Secretary-General" means the Secretary-General of the Organization. Article 4 Article 3 of the Convention is replaced by the following text: article 3 Liability of the carrier For the 1 loss suffered as a result of the death of or personal injury to a passenger caused by a shipping incident, the carrier shall be liabl to the exten to that such loss in respect of that passenger on each distinct occasion does not exceeds 100 250.000 units of account , unless the carrier of that process the incident: (a) resulted from an act of war, civil war, insurrections, hostilit or a natural phenomenon of an exceptional, and the irresistibl inevitabl character; or (b) was wholly caused by an act or omission done with the intent to cause the incident by a third party. If and to the exten the that the loss exceeds 100 for the above limit, the carrier shall be further unless liabl is the carrier of the process that the incident which caused the loss occurred without the fault or not glec of the carrier. 2. For the loss suffered as a result of the death of or personal injury to a passenger not caused by a shipping incident, the carrier shall be liabl if the incident which caused the loss was due to the fault or not glec of the carrier. The burden of proving fault or not to lie with the IR glec claiman. 3. For the loss suffered as a result of the loss of or damage to cabin luggag, the carrier shall be liabl if the incident which caused the loss was due to the fault or not glec of the carrier. The fault or not glec of the carrier shall be presumed for loss caused by a shipping incident. 4. For the loss suffered as a result of the loss of or damage to other than luggag luggag cabins, the carrier shall be liabl unless the carrier is in the process of that the incident which caused the loss occurred without the fault or not glec of the carrier. 5. For the purpose of this article: (a) "shipping incident" means shipwrecks, capsizing, collision or stranding of the ship, explosion or fire in the ship, or defect in the ship; (b) fault or not glec of the carrier. includes the fault or not glec of the servants of the carrier, acting within the scope of their employment; (c) a defect in the ship means any malfunction, failure or non-compliance with applicable safety regulations in respect of any part of the ship or its equipment when used for the escape, evacuation, embarkation and disembarkations of passenger; or when used for the propulsion, steering, safe navigation, moorings, anchoring, arriving at or leaving berth or anchorage, or damage control after flooding; or when used for the launching of life saving appliances; and (d) the loss shall not include punitiv or exemplary damage. 6. The liability of the carrier under this article only relate to loss arising from incidents that occurred in the course of the carriage. The burden of proving that the incident which caused the loss occurred in the course of the carriage, and the exten of the loss, shall lie with the claiman. 7. Nothing in this Convention shall prejudice any right of the recourses of the carrier against any third party, or the defence of contributory gligenc is not under article 6 of this Convention. Nothing in this article shall prejudice any right of limitations under articles 7 or 8 of this Convention. 8. the Presumption of fault or not of a party or glec the allocation of the burden of proof to a party shall not prevent evidence in favour of that party from being considered. Article 5 the following text is added as article 4b of the Paris Convention: article 4b the Compulsory insurance 1. When the passenger is carried on board by a ship registered in a State Party that is licensed to carry more than twelve passenger, and this Convention applies, any carrier who actually perform the whole or a part of the carriage shall maintain insurance or other financial security , such as the guarantee of a bank or similar financial institution, to cover liability under this Convention in respect of the death of and personal injury to the passenger. The limit of the compulsory insurance or other financial security shall not be less than 250.000 units of account per passenger on each distinct occasion. 2. A certificate attesting that insurance or other financial security is in force in accordanc with the provision of this Convention shall be issued to each ship after the appropriate authority of a State Party has determined that the requirements of paragraph 1 have been complied with. With respect to a ship registered in a State Party, such certificate shall be issued or certified by the appropriate authority of the State of the ship's registry; with respect to a ship not registered in a State Party it may be issued or certified by the appropriate authority of any State Party. This certificate shall be in the form of the model set out in the annex to this Convention and shall contain the following in particular: (a) name of ship, distinctive number or letters and port of registry; (b) the name and principal place of business of the carrier who actually perform the whole or a part of the carriage; (c) IMO ship identification number; (d) type and duration of security; (e) name and 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) the period of validity of the certificate, which shall not be longer than the period of validity of the insurance or other financial security. 3. (a) A State Party may an institution or an authoriz Organization recognised by it to issue the certificate. Such institution or organization shall inform that State of the issue of each certificate. In all cases, the State Party shall fully guarantee the completenes and accuracy of the certificate so issued, and shall undertak to ensur the cessary not subject it to satisfy this obligation. (b) A State Party shall notify the Secretary-General of: (i) the specific responsibilities and conditions of the authority delegated to an institution or organization recognised by it; (ii) the withdrawals of such authority; and (iii) the date from which such authority or withdrawals of such authority takes effect. An authority delegated shall not take effect prior to three months from the date from which notification to that effect was given to the Secretary-General. (c) the institution or organization authorized to issue certificates in accordanc with this paragraph shall, as a minimum, be authorized to withdraw these certificates if the conditions under which they have been issued are not complied with. In all cases the institution or organization shall report such withdrawals to the State on whose behalf the certificate was issued. 4. The certificate shall be in the the official language or languages of the issuing State. If the language used is not English, French or Spanish, the text shall include a translation into one of these languages, and, where the State so decide, the official language of the State may be omitted. 5. The certificate shall be carried on board the ship, and a copy shall be deposited with the authorities who keep the record of the ship's registry or, if the ship is not registered in a State Party, with the authority of the State issuing or certifying the certificate. 6. An insurance or other financial security shall not satisfy the requirements of this article if it can cease, for reasons other than the expiry of the period of validity of the insurance or security specified in the certificate, before three months have elapsed from the date on which notice of its termination is given to the authorities referred to in paragraph 5 , unless the certificate has been surrendered to these authorities or a new certificate has been issued within the said period. The foregoing provision shall similarly apply to any modification of which results in the insurance or other financial security no longer satisfying the requirements of this article. 7. The State of the ship's registry shall, subject to the provision of this article, determin the condition of issue and validity of the certificate. 8. Nothing in this Convention shall be construed as preventing a State Party from relying on information obtained from other States or the Organization or other international organizations relating to the financial standing of providers of insurance or other financial security for the purpose of this Convention. In such cases, the State Party relying on such information is not relieved of its responsibility as a State issuing the certificate. 9. Certificates issued or certified under the authority of a State Party shall be accepted by other States parties for the purpose of this Convention and shall be regarded by other States parties as having the same force as certificates issued or certified by them even if issued or certified in, in respect of a ship not registered in a State Party. (A) a State Party may at any time request consultation with the issuing or certifying State should it believe that the insurer or guarantor named in the insurance certificate is not financially capable of meeting the obligation is imposed by this Convention. 10. Any claim for compensation covered by insurance or other financial security pursuan to this article may be brough up directly against the insurer or other person providing financial security. In such case, the amount set out in paragraph 1 applies as the limit of liability of the insurer or other person providing financial security, even if the carrier or the performing carrier is not entitled to the limitations of the liability. The defendan may be further invoke the defence (other than the bankruptcy or winding up) which the carrier referred to in paragraph 1 would have been entitled to invoke in accordanc with this Convention. Furthermore, the defendan may invoke to the defence that the damage resulted from the wilful misconduc of the assured, but the IR not to invoke defendan any other defence which the defendan a might have been entitled to invoke in proceedings brough by the assured against the defendan. The defendan shall be in any event have the right to require the carrier and the performing carrier to be joined in the proceedings. 11. Any sum provided by insurance or by other financial security maintained in accordanc with paragraph 1 shall be available exclusively for the satisfaction of claims under this Convention, and any payments made of such sum shall discharge any liability arising under this Convention to the exten of the non paid. 12. A State Party shall not permit a ship under its flag to which this article applies to operate at any time unless a certificate has been issued under paragraphs 2 or 15.13. Subject to the provision of this article, each State Party shall ensur, under it national law, that insurance or other financial security, to the exten the specified in paragraph 1 , is in force in respect of any ship that is licensed to carry more than twelve passenger, wherever registered, entering or leaving a port in its territory in so far as this Convention applies. 14. Notwithstanding the provision of paragraph 5, a State Party may notify the Secretary-General that, for the purpose of paragraph 13, ships are not required to carry on board or to produce the certificate required by paragraph 2 when entering or leaving a port in its territory, provided that the State Party which issues the certificate has notified the Secretary-General that it maintains records in an electronic format , accessible to all States parties, attesting the existenc of the certificate and enabling States parties to discharge their obligations under paragraph 13.15. If insurance or other financial security is not maintained in respect of a ship owned by a State Party, the provision of this article shall not be applicable to the theret relating to such ship, but the ship shall carry a certificate issued by the appropriate authorities of the State of the ship's registry , stating that the ship is owned by that State and that the liability is covered within the amount prescribed in accordanc with paragraph 1 Such a certificate shall follow. as closely as possible the model prescribed by paragraph 2 of article 6. Article 7 of the Convention is replaced by the following text: article 7 limit of liability for death and personal injury 1. The liability of the carrier for the death of or personal injury to a passenger under article 3 shall in no case exceeds 100 units from the 400.000 of account per passenger on each distinct occasion. Where, in accordanc with the law of the court seized of the case, the damage to the shapes of the awarded in the periodical income payments, the equivalent capital value of those payments shall not exceeds 100 the said limit. 2. A State Party may regulat by specific provision of national law the limit of liability prescribed in paragraph 1, provided that the national limit of liability, if any, is not lower than that prescribed in paragraph 1 (A), which makes the State Party use of the options provided for in this paragraph, shall notify the Secretary-General of the limit of liability adopted or of the fact that there is none. Article 7 article 8 of the Convention is replaced by the following text: article 8 limit of liability for loss of or damage to vehicles and 1 luggag. The liability of the carrier for the loss of or damage to cabin in case of IR luggag from 2.250 units of account exceeds 100 per passenger, per carriage. 2. The liability of the carrier for the loss of or damage to vehicles including all is carried in luggag or on the vehicle shall in no case exceeds 100 units from 12.700 of account per vehicle, per carriage. 3. The liability of the carrier for the loss of or damage to other than that mentioned luggag in paragraphs 1 and 2 shall in no case exceeds 100 units from 3.375 of account per passenger, per carriage. 4. The carrier and the passenger may agree that the liability of the carrier shall be subject to (a) not exceeding 330 deductibl units of account in the case of damage to a vehicle and not exceeding 149 units of account per passenger in the case of loss of or damage to others, such sum luggag to be deducted from the loss or damage. Article 8 article 9 of the Convention is replaced by the following text: article 9 unit of account and conversion 1. The unit of account mentioned in this Convention is the Special Drawing right as defined by the International Monetary Fund. The non mentioned in article 3, in paragraph 1, article 4, paragraph 1, article 7, paragraph l, and article 8 shall be converted into the national currency of the State of the court seized of the case on the basis of the value of that currency by reference to the Special Drawing right on the date of the judgement or the date agreed upon by the parties. The value of the national currency, in terms of the Special Drawing right, of a State Party which is a member of the International Monetary Fund, shall be calculated in accordanc with the method of valuation applied by the International Monetary Fund in effect on the date in question for its operations and transactions. The value of the national currency, in terms of the Special Drawing right, of a State Party which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State Party. 2. vertheles, a State which is not a member of the International Monetary Fund and whose law does not permit the application of the provision of paragraph 1 may, at the time of ratification, acceptance, approval of or accession to this Convention or at any time thereafter, declare that the unit of account referred to in paragraph 1 shall be equal to 15 gold francs. The gold franc referred to in this paragraph correspond to sixty-five and a half milligram of gold of millesimal finenes for nine hundred. The conversion of the gold franc into the national currency shall be made according to the law of the State concerned. 3. The calculation mentioned in the last line of paragraph 1, and the conversion mentioned in paragraph 2 shall be made in such a manner as to express in the national currency of the States parties, as far as possible, the same real value for the non in article 3, paragraph 1, article 4, paragraph 1, article 7, paragraph 1, and article 8 as would result from the application of the first three line of paragraph 1. States shall communicate to the Secretary-General the manner of calculation pursuan to paragraph 1, or the result of the conversion in paragraph 2, as the case may be, when depositing an instrument of ratification, acceptance, approval of or accession to this Convention and whenever there is a change in either. Article 9 Article 16, paragraph 3, of the Convention is replaced by the the following text: 3. The law of the court seized of the case shall govern the grounds for suspension and interruption of the period of limitations, but in the case of an action under this Convention shall be brough after the expiration of any one of the following periods of time: (a) A period of five years beginning with the date of disembarkations of the passenger or from the date when disembarkations should have taken place , whichever is later; or, if earlier, (b) a period of three years beginning with the date when the ough to be reasonably claiman knew or to have known of the injury, loss or damage caused by the incident. Article 10 article 17 of the Convention is replaced by the following text: article 17 the Competent jurisdiction 1. An action arising under articles 3 and 4 of this Convention shall, at the option of the claiman, be brough before one of the courts listed below, provided that the Court is located in a State Party to this Convention, and subject to the domestic law of each State Party each time the proper venue within those States with multiple possible forums: (a) the Court of the State of permanent residence or principal place of business of the defendan a , or (b) the Court of the State of departure or that of the destination according to the contract of carriage, or (c) the Court of the State of the domicile or permanent residence of the defendan claiman, if the a has a place of business and is subject to jurisdiction in that State, or (d) the Court of the State where the contract of carriage was made , if the defendan has a place of business and is subject to jurisdiction in that State. 2. Actions under article 4b of the Paris Convention shall have, at the option of the claiman, be brough before one of the courts where action could be brough against the carrier or performing carrier according to paragraph 3 1. After the occurrence of the incident which has caused the damage, the parties may agree that the claim for damage shall be submitted to any of the jurisdiction or to arbitration. Article 11 the following text is added as article 17b States of the Convention: article 17b of Recognition and enforcement 1 Any judgement given by a court with jurisdiction in accordanc with article 17 which is enforceabl in the State of origin where it is no longer subject to ordinary forms of review, shall be recognised in any State Party, except (a) where the judgement was obtained by fraud; or (b) where the note was given to defendan reasonable notice and a fair opportunity to present the case. 2. A judgement recognised under paragraph 1 shall be enforceabl in each State Party as soon as the required you to formalit in the State have been complied with. The IR not to permit formalit the Merritt of the cas to be re-opened. 3. A State Party to this Protocol may apply other rules for the recognition and enforcement of judgment, that their effect is rovided to ensur that judgment with a recognised and enforced at least to the same as under exten paragraphs 1 and 2 of article 12 article 18. of the Convention is replaced by the following text: article 18 Invalidity of contractual provision of Any contractual provision concluded before the occurrence of the incident which has caused the death of or personal injury to a passenger or the loss of or damage to the passenger is, purporting to relieve luggag any person liabl is under this Convention of liability towards the passenger or to a lower limit of prescrib liability than that fixed in this Convention except as provided in article 8, paragraph 4, and any such provision purporting to shift the burden of proof which rests on the carrier or the performing carrier , or having the effect of restricting the options specified in article 17, paragraphs 1 or 2, shall be null and void, but the nullity of that provision shall not render void the contract of carriage which shall remain subject to the provision of this Convention. Article 13 article 20 of the Convention is replaced by the following text: article 20 Nuclear Damage From liability under this Convention shall «arise is for damage caused by a nuclear incident: (a) if the operator of a nuclear installation is liabl for such damage under either the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy as amended by its Additional Protocol of 28 January 1964 , or the Vienna Convention of 21 May 1963 on Civil Liability for Nuclear damage, or any amendment or Protocol is in force for which theret; or (b) if the operator of a nuclear installation is liabl for such damage by virtue of a national law the liability each for such damage, provided that such law is in all respect as the person who favourabl may suffer damage as either the Paris or the Vienna Convention or any amendment or Protocol is in force for which theret. Article 14 Model certificate 1. The model certificate set out in the annex to this Protocol shall be incorporated as an annex to the Convention. 2. The following text is added as Article 1b of the Convention States: "Article 1b of Annex the annex to this Convention shall constitut an integral part of the Convention." Article 15 Interpretation and application 1. The Convention and this Protocol shall, as between the parties to this Protocol, be read and interpreted together as one single instrument. 2. The Convention as revised by this Protocol shall apply only to claims arising out of the occurrence which take place after the entry into force for each State of this Protocol. 3. Articles 1 to 22 of the Convention as revised by this Protocol, together with articles 17 to 25 of this Protocol and the annex theret, shall be called and constitut the Athens Convention relating to the carriage of Passenger and their Luggag by sea, 2002, article 16 the following text is added as Article 22b States of the Convention: Article 22b of the Final Commission of the Convention the final Commission of this Convention shall be articles 17 to 25 of the Protocol of 2002 to the Athens Convention relating to the carriage of Passenger and their Luggag by sea, 1974. Reference in this Convention to the States parties shall be taken to mean the reference to States parties to that Protocol. The FINAL article of the COMMISSION 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 until 30 April 2004 and shall thereafter 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 shall be effected by the deposit of an instrument to that effect with the Secretary-General. 4. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Protocol with respect to all existing States parties, or after the completion of all the required measure 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 shall not express its consent to be bound by this Protocol, unless if it's denounc, theret Party: (a) the Athens Convention relating to the carriage of Passenger and their Luggag by sea, done at Athens on 13 December 1974; (b) the Protocol to the Athens Convention relating to the carriage of Passenger and their Luggag 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 Passenger and their Luggag by sea, done at London on 29 March 1990, with effect from the time that this Protocol will enter into force for that State in accordanc with article 20 article 18 States with more than one system of law 1 If a State has two or more territorial units in which different systems of law applicable in the relations with them matters to deal with in this Protocol, it may at the time of signature, ratification, acceptance, approval or accession declare that this Protocol shall extend to all its territorial units or only to one or more of them, and may modify this declaration by submitting another declaration at any time. 2. Any such declaration shall be notified to the Secretary-General and shall state expressly the territorial units to which this Protocol applies. 3. In relations to a State Party which has made such a declaration: (a) the reference to the State of a ship's registry and, in relations to a compulsory insurance certificate, to the issuing or certifying State, shall be construed asreferring to the territorial unit respectively in which the ship is registered and which issues or certif to the certificate; (b) the reference to the requirements of national law, national limit of liability and national currency shall be construed respectively as references to the requirements of the law, the limit of liability and the currency of the relevant territorial unit; and (c) the reference to the judgment of the courts, and which must be recognised in States parties, shall be construed as references respectively to courts of, and in which the judgment must be recognised in, the relevant territorial unit. Article 19 Regional Economic Integration organizations 1. A Regional Economic Integration Organization which is constituted by sovereign, States that have transferred competence over certain matters governed by this Protocol to that Organization, may sign, accept, approve, ratify.â or accede to this Protocol. A Regional Economic Integration Organization which is a Party to this Protocol shall have the rights and obligations of a State Party, to the exten to the Regional Economic Integration that Organization has competence over matters governed by this Protocol. 2. a Regional Economic Integration Organization clause exercises its right of vote in matters over which it has competence, it shall have a number of votes equal to the number of its Member States which are parties to this Protocol and which have transferred competence to it over the matter in question. A Regional Economic Integration Organization shall not exercise its right to vote if its Member States exercise their will, and vice versa. 3. Where the number of States parties is relevant in this Protocol, including but not limited to articles 20 and 23 of this Protocol, the Regional Economic Integration Organization shall not count as a State Party in addition to its Member States which are States parties. 4. At the time of signature, ratification, acceptance, approval or accession, the Regional Economic Integration Organization shall make a declaration to the Secretary-General specifying the matters governed by this Protocol in respect of which competence has been transferred to that Organization by its Member States which are parties to the signator to the or the Protocol and any other relevant restriction as to the scope of that competence. The Regional Economic Integration Organization shall promptly notify the Secretary-General of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph. Any such declarations shall be made available by the Secretary-General to article 24 pursuan of this Protocol. 5. the States parties which are Member States of a Regional Economic Integration Organization which is a Party to this Protocol shall be presumed to have competence over all matters governed by this Protocol in respect of which transfers of competence to the Organization have not been specifically declared or notified under paragraph 4 article 20 Entry into force this Protocol shall enter 1 into force twelve months following the date on which 10 States have either signed it without reservation as to ratification, acceptance or approval or have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General. 2. For any State which ratif, accept, approve or accede to this Protocol after the conditions in paragraph 1 for entry into force have been met, this Protocol shall enter into force three months after the date of deposit by such State of the appropriate instrument, but not before this Protocol has entered into force in agreement with paragraph 1 article 21 Denunciation 1 this Protocol may be denounced by any State Party at any time after the date on which this Protocol comes into force for that State. 2. Denunciation shall be effected by the deposit of an instrument to that effect with the Secretary-General. 3. A denunciation shall take effect twelve months, or such longer period as may be specified in the instrument of denunciation, after its deposit with the Secretary-General. 4. As between the States parties to this Protocol, denunciation by any of them of the Convention in accordanc with article 25 thereof shall not be construed in any way as a denunciation of the Convention as revised by this Protocol. Article 22 Revision and Amendment 1 A Conference for the purpose of revising or amending this Protocol may be convened by the Organization. 2. The Organization shall conven a Conference of States parties to this Protocol for revising or amending this Protocol at the request of not less than one third of the States parties. Article 23 amendment of limits 1 without prejudice to the provision of article 22, the special procedure in this article shall apply solely for the purpose of amending the limits set out in article 3, paragraph 1, article 4, paragraph 1, article 7, paragraph 1 and article 8 of the Convention as revised by this Protocol. 2. Upon the request of at least one half, but in the case of less than six, of the States parties to this Protocol, any proposal to amend the limits, including the deductibl, specified in article 3, paragraph 1, article 4, paragraph 1, article 7, paragraph 1, and article 8 of the Convention as revised by this Protocol shall be circulated by the Secretary-General to all members of the Organization and to all States parties. 3. Any amendment proposed and circulated as above shall be submitted to the Legal Committee of the Organization (hereinafter referred to as "the Legal Committee") for considerations at a date at least six months after the date of its circulation. 4. All States parties to the Convention as revised by this Protocol, whethers or not members of the Organization, shall be entitled to participat in the proceedings of the Legal Committee for the adoption of amendments and considerations. 5. Amendments shall be adopted by a two-thirds majority (a) of the States parties to the Convention as revised by this Protocol present and voting in the Legal Committee expanded as provided for in paragraph 4, on condition that at least one half of the States parties to the Convention as revised by this Protocol shall be present at the time of voting. 6. When acting on a proposal to amend the limits, the Legal Committee shall take into account the experience of incidents and, in particular, the amount of damage resulting therefrom, changes in the monetary values and the effect of the proposed amendment on the cost of insurance. 7. (a) the amendment of the limits under this article may be considered less than five years from the date on which this Protocol was opened for signature nor less than five years from the date of entry into force of a previous amendment under this article. (b) No limit may be increased so as to an amount which exceeds 100 correspond to the limit to put down in the Convention as revised by this Protocol increased by six per cent per year calculated on a compound basis from the date on which this Protocol was opened for signature. (c) No limit may be increased so as to an amount which exceeds 100 correspond to the limit to put down in the Convention as revised by this Protocol multiplied by three. 8. Any amendment adopted in accordanc with paragraph 5 shall be notified by the Organization to all States parties. The amendment shall be deemed to have been accepted at the end of a period of eighteen months after the date of notification, unless within that period of not less than one fourth 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 the amendment, in which case the amendment is rejected for an and shall have no effect. 9. An amendment deemed to have been accepted in accordanc with paragraph 8 shall enter into force eighteen months after its acceptance. 10. All States parties shall be bound by the amendment, unless they denounc in this Protocol in accordanc with article 21, paragraphs 1 and 2 at least six months before the amendment to enter into force. Such denunciation shall take effect when the amendment to enter into force. 11. When an amendment has been adopted but the eighteen-month period for its acceptance has not yet expired, a State which become a State Party during that period shall be bound by the amendment if it enter into force. (A) the State which become a State Party after that period shall be bound by an amendment which has been accepted in accordanc with paragraph 8. In the cases referred to in this paragraph, a State bound by an amendment of the law when that amendment enter into force, or when this Protocol enter into force for that State, if later. Article 24 Depositary 1 this Protocol and any amendments adopted under article 23 a shall be deposited with the Secretary-General. 2. The Secretary-General shall: (a) inform all States which have signed or acceded to this Protocol of: (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession together with the date thereof; (ii) each declaration and communication under article 9, paragraphs 2 and 3, article 18, paragraph 1 and article 19, paragraph 4 of the Convention as revised by this Protocol; (iii) the date of entry into force of this Protocol; (iv) any proposal to amend the limit which has been made in accordanc with article 23, paragraph 2, of this Protocol; (v) any amendment which has been adopted in accordanc with article 23, paragraph 5 of this Protocol; (vi) any amendment deemed to have been accepted under article 23, paragraph 8 of this Protocol, together with the date on which that amendment shall enter into force in accordanc with paragraphs 9 and 10 of that article; (VII) the deposit of any instrument of denunciation of this Protocol together with the date of the deposit and the date on which it takes effect; (VIII) any communication called for by any article of this Protocol; (b) transmit certified true cop out of this protocol to all States which have signed or acceded to this Protocol. 3. As soon as this Protocol comes into force, the text shall be transmitted by the Secretary-General to the Secretariat of the United Nations for registration and publication in accordanc with article 102 of the Charter of the United Nations. Article 25 languages this Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. Done AT LONDON this first day of November two thousand and two. In WITNESS WHEREOF the undersigned, being duly authorised by their Governments to the respectiv for that purpose, have signed this Protocol.   Explanatory notes: 1. If desired, the designation of the State may include a reference to the competent public authority of the country where the certificate is issued. 2. If the total amount of security has been furnished by more than one source, the amount of each of them should be indicated. 3. If security is furnished in several forms, these should be enumerated. 4. The entry "Duration of Security" must stipulat the date on which such security takes effect. 5. The entry "address" of the insurer (s) and/or guarantor (s) must indicates the principal place of business of the insurer (s) and/or guarantor (s). If appropriate, the place of business where the insurance or other security is established shall be indicated.
Translation of the Athens Convention of 1974 on passengers and their luggage by sea, 2002 Protocol this Protocol, Member States, considering the desire to revise the Athens Convention on passengers and their luggage by sea, 1974 was signed on December 13, Athens, in order to determine the higher damages, introduced the exact limits of liability, create a simplified procedure for the recovery of maximum amounts and the guarantee of compulsory insurance in the interests of passengers, referring to the 1976 Convention Protocol introducing a special drawing right as the unit of account, with the replacement of the gold franc, noting that the 1990 Protocol to the Convention, which defines the higher damages and simplified procedures for the recovery of maximum amounts, not entered into force have agreed: 1. the article in this Protocol: 1. "Convention" means the 1974 Athens Convention on passengers and their luggage by sea. 2. "organization" means the International Maritime Organization. 3. "Secretary-General" means the Secretary-General of the organisation. 2. Article 1 of the Convention, paragraph 1 of article replaced by the following: 1. (a) "carrier" means the person with whom or in whose name a contract of carriage has been concluded, under which he or the actual carrier shall transport; (b) "performing carrier" means a person other than the carrier, but is 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 a part of the carriage" means the performing carrier, or, in so far as the carrier actually performs the carriage, the carrier. 3. Article 1 of the Convention. Article 1, point 10 is replaced by the following: 10. "organization" means the International Maritime Organization. 2. the Convention text as article 1, paragraph 11, by the following: 11. "Secretary-General" means the Secretary-General of the organisation. Article 4 of the Convention, article 3 shall be replaced by the following: article 3 1 of the carrier's liability for losses due to the death or injury of passengers, caused by a shipping incident, the carrier shall be liable up to the amount that does not exceed 250.000 units of account per passenger on each distinct occasion, unless the carrier proves that the incident: (a) caused by war, conflict, civil war, rebellion, or a natural phenomenon of an exceptional, , inevitable and irresistible character; or (b) completely caused by a third-party action or neglect, with the intent of causing the accident. The extent to which the loss exceeds the maximum amount referred to above, the carrier shall remain liable unless the carrier proves that the incident which caused the damage is not caused by the carrier's error or negligence. 2. with the death or injuries related to acquired losses which do not have a shipping incident, the carrier shall be liable if the accident was due to the damage caused by the carrier. Error or negligence, the plaintiff must prove the fact. 3. About the lost or damaged in the cabin luggage related losses, the carrier is liable if the damage caused by the accident was due to error or negligence of the carrier. 4. About the lost or damaged luggage which is not cabin luggage, the associated losses, the carrier is liable, unless the carrier proves that the incident which caused the damage is not caused by the carrier's error or negligence. 5. For the purposes of this article: (a) "shipping incident" means accommodating, apgāzušo, in a collision or grounding of the ship, explosion or fire in the ship, or the ship's damage; (b) "error or neglect of the carrier" means a carrier employee errors or negligence in carrying out their duties; (c) "damage" means any malfunction, failure or parts of it, or its equipment when it is used in the rescue of passengers, the cost for taking on board and ashore, for non-compliance with the applicable safety regulations, or when it is used in the propulsion, steering, safe navigation, mooring, anchoring, docking or leaving the coast, or anchoring or checking the damage after the flood; or use the lifesaving equipment launching; and (d) "loss" does not include sodošo. 6. in accordance with this Convention, a carrier is liable only for damages caused by accidents, during transport. The fact that the incident which caused the damage occurred during transport, and the amount of the damages, the plaintiff must prove. 7. Nothing in this Convention shall prejudice the rights of recourse of the carrier against the third party or to raise objections to the neglect of the carrier to promote the fact in accordance with article 6 of the Convention. Nothing in this article shall diminish the right to limit liability in accordance with the Convention, articles 7 and 8. 8. the parties committed negligence or fault of presumption, or give the defense, does not preclude the Member State in question, the use of evidence in favor of it. Article 5 the Convention added 4 bis as follows: Article 4bis compulsory insurance 1. If passengers transported by ships registered in a Member State, which may carry more than twelve passengers, and this Convention which is applicable, the carrier who actually performs the carriage or all transport, are obliged to insure a ship or design a different financial security such as a bank or other financial institution a guarantee to cover liability for damage or injury of the passenger death case of acquisition, in accordance with this Convention. Compulsory insurance or other financial security for a maximum amount of not less than 250,000 units of account per passenger on each distinct occasion. 2. The policy, stating that in force in the insurance or other financial security in accordance with the provisions of this Convention shall be issued to each ship after the appropriate authority of the Member State has decided that met the requirements of paragraph 1. Ship registered in a Member State, such a policy is issued or approved by the Board of the national registry institution; a ship not registered in a Member State, it may issue or approve the institution of the Member State. The policy must correspond to the model in the annex to this Convention for a given model and include the following information: (a) name, identification number or letters and port of registry; (b) transport, who actually performs the transport or the transport part of the name and principal place of business; (c) IMO ship identification number has been assigned; (d) type and duration; (e) the insurer or other person providing financial security, the name and principal place of business, and the business place where looking for insurance or other financial security; and (f) the policy validity period, which may not exceed the insurance or other financial security of the validity period. 3. (a) Member States may authorize the authority or body issuing the certificate. This authority or body shall inform the issuing State for each policy. In all cases, the State party shall fully guarantee the manner of policies issued by the completeness and accuracy and provide the necessary measures to ensure fulfilment of obligations. (b) the Member State shall notify the Secretary-General of: (i) the institution's specific duties and obligations delegated to it by a body recognised by the Member State or organization; (ii) the withdrawal of such authorisation; and (iii) the date on which the authority shall enter into force on the day of the withdrawal of this mandate. Delegated powers shall enter into force not earlier than three months from the date of receipt of the notification by the Secretary-General. (c) the institution or organization authorised to issue policies in accordance with this article shall, as a minimum, be authorised to withdraw these policies, if they do not comply with the conditions under which they were issued. In all cases, the institution or organisation shall report such withdrawal to the State on behalf of which the policy is issued. 4. the policy is published in the official language or languages of the country. If the language used is not English, French or Spanish, the text shall include a translation in one of these languages, and, if the State decides, the official language of the State may not be. 5. Policy on board and its copy shall be deposited with the authority which carried out the registration board or, if the ship is not registered in a Member State, the authority of the State which issued or approved by the policy. 6. an insurance or other financial security shall not satisfy the requirements of this article if it loses power not because the policy defined at last expired insurance or security, but for other reasons, before the expiration of three months from the date on which the notice of termination is submitted to it in paragraph 5 the said institutions, unless the policy is not passed on these institutions or new policy issued in that period. These rules apply to any similar amendments for which the insurance or other financial security no longer satisfying the requirements of this article. 7. The State of the ship's registry shall, subject to the provisions of this article shall be determined by the policy conditions of issue and validity. 8. Nothing in this Convention shall be construed so as to prevent a Member State from relying on other countries or Organizations or other international organizations for the information on the insurance or other financial security maintainer's financial position, in order to implement the objectives of this Convention. Where a Member State relies on such information, it is not exempt from commitments to fulfil as the policy of issuing country. 9. The other Member States in fulfilling the obligations of this Convention, a Member State is recognised or approved policy and believes that it has the same effect as if issued and approved by the Member State itself, even if the policy is issued for the ship is not registered in a Member State. A Member State may at any time require discussions with the Publisher or the approval of the Government, if it considers that the insurer or guarantor, mentioned in the insurance policy is not financially able to fulfill the obligations of the Convention. 10. The claim for compensation of damages covered by insurance or other financial security under this article may be submitted directly to the insurer or other person providing financial security. In this case, the amount specified in paragraph 1 shall apply as of the insurer or other person providing financial security, the maximum amount of liability, even if the carrier or the actual carrier is not entitled to limitation of liability. The defendant may further raise the same objections (but not in case of bankruptcy or liquidation), as the carrier referred to in paragraph 1 in accordance with this Convention. Furthermore, the defendant may raise objections that the damage caused to the insured bad faith action, but the defendant cannot bring other objections, which could bring legal proceedings against the insured defendant. In all cases, the defendant has the right to obtain from the carrier or the actual carrier, his participation in the trial. 11. any fund, by insurance or other financial security authority under paragraph 1, is available only in a claim under this Convention, in order to satisfy and contributions funds released from any liability under the Convention up to the amount paid. 12. the Member State shall not authorise their flag ship in respect of which this article is applicable to the vessel unless it has the certificate is issued in accordance with paragraphs 2 or 15. 13. in accordance with the provisions of this article, each Member State according to its national legislation, ensure that insurance or other financial security to the amount laid down in paragraph 1 is in force in respect of each vessel that can carry more than twelve passengers, regardless of the place of registration, entering or leaving a port in the port in its territory, in so far as this Convention shall apply. 14. Notwithstanding the provisions of paragraph 5, a Member State may notify the Secretary-General that, in accordance with article 13, ships entering or leaving a port in its territory, may not have or are not subject to presentation of policy required by paragraph 2, the Member State which issued the policy, has notified the Secretary-General that it makes records in an electronic format, accessible to all Member States, thus confirming the existence of the policy and allow Member States to get rid of paragraph 13. 15. If insurance or other financial security shall not apply to state-owned ships, then the provisions of this article shall not apply to such ship, but the vessel designed to be policy, issued by the State of the ship's registry, and the relevant authority confirming the nationality of the country of the ship, and that the liability limit is established in accordance with paragraph 1. Such a policy should resemble as closely as possible to model given in paragraph 2. Article 6 of the Convention, article 7 shall be replaced by the following text: article 7 liability for death or personal injury case 1. Carrier's liability limit for personal injury death or of the event in accordance with paragraph 3 shall in no case exceed 400,000 units of account per passenger on each distinct occasion. If the Court, which is the case, the law, the damages awarded in the form of periodic payments, the equivalent basic value of these payments must not exceed the prescribed maximum amount. 2. the Member State with the provisions of national law may regulate the maximum amount of liability laid down in paragraph 1, provided that the limitation, if any, specified in the maximum amount of liability is not lower than 1. The Member State set out in this article is invoked, the right of option, the Secretary-General must be notified of the maximum amount of liability adopted or of the fact that. Article 7 of the Convention, article 8 shall be replaced by the following: article 8 the maximum amount of liability for luggage or vehicle loss or damage 1. maximum amount of liability of the carrier for loss of luggage in the cabin or damage it in any case exceed 2.250 units of one passenger carriage. 2. The carrier's liability the maximum amount of luggage or vehicle loss or damage, including in it or on it existing baggage in any case exceed 12.700 units of account per passenger, per carriage. 3. the maximum amount of liability of the carrier for the No 1 and 2 above, but other baggage, loss or damage in any case exceed 3.375 units of one passenger carriage. 4. The carrier and the passenger may agree that the liability of the carrier, the maximum amount can be reduced by not exceeding 330 units of account of the means of transport in case of damage and not exceeding 149 units of account per passenger, other, not cabin baggage, loss or damage to, and 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 accounting unit and the conversion 1. Settlement unit referred to in the Convention is the special drawing right as defined by the International Monetary Fund. 3. in paragraph 1 of article 4 bis, paragraph 1 of article 7 and paragraph 1 of article 8 of the said amounts shall be converted into national, which the court hearing the case, the currency at the exchange rate according to the special drawing rights judgment day or on the date agreed between the parties. If a Member State is a member of the International Monetary Fund, the value of the national currency, the special drawing right in terms of the invoice by the International Monetary Fund, a Fund of the method on the day of its operations and transactions. If a member is not a member of the International Monetary Fund, the value of the national currency, the special drawing right in terms of the invoice by the methods laid down by that Member State. 2. Nevertheless, a State which is not a member of the International Monetary Fund and whose law does not allow to apply the provisions of paragraph 1 of this Convention, the instrument of ratification, acceptance, approval or acceding to, or later can declare that the settlement referred to in paragraph 1 the unit is equivalent to 15 gold francs. At this point the gold franc corresponds to sixty-five and a half milligrams of gold of fineness 900.. The gold franc shall be converted into national currency in accordance with the legislation of the said State. 3. the last sentence of paragraph 1 and referred to in paragraph 2 shall be the conversion to national currency of the Member State, expressed in article 3, paragraph 1, article 1, paragraph 4, article 7, paragraph 1, and article 8 of the quantities referred to in the real value obtained from the application of paragraph 1, the first three sentences. The Member States shall notify the Secretary-General about the calculation method according to paragraph 1 or paragraph 2 conversion results, depending on the case, the Convention of the deposit of the instrument of ratification, acceptance, approval or accession instruments and always when they change the calculation method. 9. Article 16 of the Convention, paragraph 3 of article replaced by the following: 3. the court hearing the case, legislation governing suspension of the limitation period to a later time or interruption, but in any case, the claim is not submitted, in accordance with this Convention, if passed one of the following time periods: (a) five years from the time when the passengers singled out or when the removal of passengers supposed to happen, if it happens later or earlier; (b) three years from the date on which the applicant has learned he logically should know about injuries caused by an accident, loss or damage. 10. Article 17 of the Convention. Article replaced by the following: article 17 requirements for jurisdiction 1. Requirements arising from the Convention, article 3 and 4, at the discretion of the plaintiff may bring in one of the courts listed below, provided that the Court is located in a State party and in accordance with internal legislation of the Member State set a hearing by jurisdiction: (a) the Court in which the defendant has his habitual residence or principal place of business or (b) the arrival or destination, in accordance with the contract of carriage, the Court, or (c) in the Court of the State in which the plaintiff is domiciled if the defendant has a place of business and jurisdiction in the country, or (d) the country where the contract of carriage was made, if the defendant has a place of business and jurisdiction in the country. 2. the requirements in accordance with Article 4bis of the plaintiff, by the way one of the courts, which could bring a claim against a carrier or performing carrier in accordance with article 1. 3. After the accident, which was caused by damage, the parties may agree that the claim for compensation submitted by jurisdiction or arbitration. 11. Article 17, annexed to the Convention bis by the following: article 17 bis the recognition and enforcement of Judgements 1. Any competent court in accordance with article 17 which is enforceable in the State, where it may not be appealed, found in the normal manner by all Member States, except (a) if the judgment of the Court of Justice has been unfair; or (b) if the defendant is duly notified and is given the opportunity to participate in the trial. 2. A judgement recognized under paragraph 1 shall be enforceable in each Member State, as soon as you have met the required formalities in that State. This is not allowed due to formalities repeated proceedings. 3. this Protocol, Member States may apply other rules for the recognition and enforcement of judgments, provided that their purpose is to ensure the recognition and enforcement of judgments to the extent provided for in article 1 and 2. 12. Article 18 of the Convention is replaced by the following article: article 18 of the agreement, the invalidity of any agreement concluded prior to the accident, which occurred as a result of the death of a passenger or passengers suffered injuries, or lost or damaged luggage, passengers and any person from his liability towards passengers pursuant to this Convention, or lower the maximum amount of liability than that set out in this Convention except for paragraph 4 of article 8 in certain cases, and any such conditions, which cancels the carrier or the actual carrier's burden of proof, or the purpose of which is to restrict article 17 (1) or (2) specific choices, not force, but this provision shall not invalidate the invalidity of the contract of carriage and still apply the provisions of this Convention. 13. Article 20 of the Convention is replaced by the following article: article 20 of this Convention does not lay down Atompostījum responsibility for damages caused by atomnegadījum: (a) if the atomiekārt operator is responsible for such damage in accordance with the 1960 July 29 Paris Convention on third party liability in the field of nuclear energy as amended by its 28 January 1964, or the Protocol of 21 May 1963 Vienna Convention on civil liability for atompostījum or any of its amendments If the Protocol is in force; or (b) if the atomiekārt operator is liable for such damage under national law governing the liability for such damage, provided that this legislation and the Vienna or Paris conventions, or any of their amendments, in force or protocols are favourable to persons who may suffer from damage. Article 14 model certificate is given in the annex to Protocol 1 the model certificate set out in annex to this Convention. 2. the Convention is added to 1. bis the following: "1. bis annex to the Convention is part of this Convention." Article 15 Interpretation and application of the Protocol 1 of the Convention and the Protocol shall be considered as a single instrument and interpretation. 2. the Convention, as amended by this Protocol shall apply only to the requirements of reason is accident occurring after the entry into force of the Protocol this Protocol in each country. 3. The Convention as amended by this Protocol, article 1 to article 22 of this Protocol article 17 to article 25 and annex it constitute the 2002 Athens Convention on passengers and their luggage by sea. 16. Article 22 bis to the Convention added to the article by the following: article 22 bis of the Convention closing-closing the Convention questions questions are the Athens Convention on passengers and their luggage by sea, 2002 Protocol article 17-22. References in this Convention to the States is a reference to the Member States of this Protocol. Closing questions article 17 signature, ratification, acceptance, approval and accession 1. Protocol shall be open for signature the headquarters of the organization from 1 May 2003 until 30 April 2004 and it will remain open for accession. 2. States may express their consent to discharge the obligations imposed by the Protocol: (a) signature without condition to ratify, accept or approve it; or (b) signature subject to ratify, accept, or approval, followed by ratification, acceptance or approval; or (c) accession. 3. Ratification, acceptance, approval or accession is effected by depositing the instrument of the Secretary-General. 4. each instrument of ratification, acceptance, approval or accession deposited after the entry into force of the amendments to the Protocol in all current Member States, or after all the measures necessary to give effect to these amendments to the Member States, are applicable to the amended Protocol. 5. a State party to the Protocol, expressed their agreement to fulfill the obligations of the Protocol, if it denounces: (a) 13 December 1974 Athens Convention on passengers and their luggage by sea; (b) the Athens Convention on passengers and their luggage by sea 19 November 1976 Protocol; (c) the Protocol of 1990 to amend the 1990 Athens Convention of 29 March on passengers and their luggage by sea, from the time that the Protocol will enter into force in the country in accordance with article 20. Article 18 States that have more than one legal system 1. If a national consists of two or more parts, in which territorial have different legal systems for solving issues of this Protocol, it may, signing the instrument of ratification, acceptance, approval or accession declare that during the Protocol apply to all its territorial parts or only one, or some of them and change the notice, submit to the other at any time. 2. for each such notice shall inform the Secretary General, it is clear that territorial part of the Protocol. 3. with regard to the Member State which has made such a declaration: (a) references to the State of a ship's registry and, in the case of the insurance policy to the State issuing or certifying the certificate refers to territorial part, in which the vessel is registered and the issuing or certifying the certificate. (b) references to national legislative requirements, national responsibility and the maximum amount of currency, reference is made to the respective territorial part of the legislative requirements, the maximum amount of liability and the currency; and (c) references to courts, and to judgments which must be recognised in the Member States, there are references to courts, and to judgments which must be recognised in the relevant area. Article 19 regional economic integration organisations 1. A regional economic integration organization set up by the independent States, the transfer of the competence of certain matters governed by this Protocol to that organization, may sign, ratify, accept, approve or accede to this Protocol. A regional economic integration organization, party to this Protocol, the rights and obligations of the Member States in so far as the regional economic integration organization provided for in this Protocol. 2. If a regional economic integration organization shall exercise their voting rights in matters within its competence, its number of votes is equal to its members that are parties to the present Protocol and have transferred to it competence in the matter, the count. A regional economic integration organization shall not exercise its right to vote if the Member uses his, and vice versa. 3. If a number of Member States laid down in this Protocol, including, without limitation, 20-23. the Protocol article, regional economic integration organization shall not be regarded as a Member State, in addition to the number of members of the organization which is a member of. 4. the signing of the instrument of ratification, acceptance, approval or accession during the regional economic integration organisation shall give notification to the Secretary General, shall specify the matters governed by this Protocol and according to which its members which have signed this Protocol or which are parties to this Protocol, have transferred competence to that organisation and any other restrictions on competence. Regional economic integration organization shall clearly notify the Secretary-General of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph. In accordance with article 24 of the Protocol, the Secretary-General must be available for each such declaration. 5. Member States, which is a regional economic integration organisation and the parties to this Protocol, shall have jurisdiction in all matters governed by this Protocol and for which the transfer of competence to the organisation not specifically declared or defined in paragraph 4. Article 20 entry into force, the present Protocol shall enter into force 12 months after the day when the 10 countries have signed it without condition to ratify, accept, approve or accede to, or have deposited the instrument of ratification, acceptance, approval or accession with the Secretary-General. 2. in each country that ratified, accepted, approved or acceded to the Protocol after the met referred to in paragraph 1, the conditions for entry into force, the Protocol shall enter into force three months after the day when the State deposited the instrument, but not before the Protocol entered into force in accordance with paragraph 1. Article 21 denunciation 1 this Protocol may be denounced by any State, at any time after the date on which the Protocol entered into force in the country. 2. Denunciation shall take effect with the Secretary-General the instrument. 3. The denunciation shall take effect twelve months after the instrument of denunciation by the Secretary-General or by the deposit of a longer period of time, as laid down in the instrument of denunciation. 4. the Member States of this Protocol, any of them denouncing the Convention in accordance with its article 25, do not in any way be considered to denonsējuš of the Convention, as amended by this Protocol. Article 22 Revision and Amendment 1. Organization may convene a Conference to review or amend the Protocol. 2. the organization may convene a Conference of the Member States of this Protocol, the purpose of revising or amending this Protocol after not less than one third of the Member States of the request. Article 23 amendment to the maximum amounts 1. Without prejudice to the provisions of article 22, in particular laid down in this article is only applicable to the procedure for amending the Convention, as amended by this Protocol article 3, paragraph 1, Article 4bis, paragraph 1, article 7, paragraph 1 of article 8 of the maximum amount. 2. At least half of it, but no less than six of the Member States of the Protocol, at the request of any proposal to amend the maximum amount, including the deductions laid down in the Convention as amended by this Protocol, article 3, paragraph 1, Article 4bis, paragraph 1, article 7, paragraph 1 of article 8, the Secretary-General shall be notified to all members of the Organization and all Member States. 3. Any proposed amendments and announced, as defined above, be submitted to the legal Committee of the Organization (hereinafter referred to as the legal Committee) for consideration of not less than six months after their notification. 4. The Convention as amended by this Protocol to all Member States, regardless whether or not they are members of the organisation, shall be entitled to participate in the proceedings of the legal Committee for the consideration and adoption of amendments. 5. Amendments shall be adopted by the Convention, as amended by the Protocol, the Member States of the two-thirds majority, participating and voting in the legal Committee, supplemented in accordance with paragraph 4, on condition that at least half of the Convention, as amended by this Protocol, Member States shall participate in the vote. 6. Acting on proposals to amend the maximum amount, the legal Committee shall take into account the experience of incidents and in particular the amount of damage incurred, changes in currency exchange rates and the impact of the proposal on the cost of insurance. 7. (a) any amendment to the maximum amounts in accordance with this article shall not be considered less than five years from the date when this Protocol was opened for signature nor less than five years from the date of entry into force of this article in the previous amendments. (b) the maximum amount must not increase beyond the Convention, as amended by this Protocol, the set of six percent annual rate, calculated as the sum of the interest from the date on which the Protocol is open for signature. (c) the maximum amount shall not be increased above the amount determined by the Convention, as amended by this Protocol multiplied by three. 8. the organization communicated to the Member States of any amendment adopted in accordance with paragraph 5. The amendment shall be deemed to have been accepted at 18 months after the date of notification, unless within that period not less than one quarter of the States that were States at the time of the adoption of the amendment have not notified the Secretary-General that they do not accept the amendment, in which case the amendment is rejected and shall have no effect. 9. Amendment that is considered acceptable in accordance with paragraph 8 shall enter into force 18 months after its adoption. Amendment 10 is binding on all Member States unless they denounced the Protocol in accordance with article 21, paragraphs 1 and 2 at least six months before the amendment enters into force. Such denunciation shall take effect when the amendment enters into force. 11. If an amendment has been accepted but not yet passed 18 months to accept it, a State which becomes a Member in this period, the amendment is binding if it enters into force. A State which becomes a member after this period, the amendment is binding if it accepted in accordance with paragraph 8. In the cases referred to in this paragraph, the amendment is binding on the State, if that State or amendment enters into force, this Protocol shall enter into force when the latter occurs later. Article 24 depositary 1 this Protocol and in accordance with any article 23 amendments adopted shall be deposited with the Secretary-General. 2. the Secretary-General shall: (a)) inform all States which have signed or acceded to this Protocol: (i)) for each new instrument of ratification, acceptance, approval or accession or signature, as well as the relevant date; (ii) for any communication and) exchange of information, in accordance with the provisions of the Convention, as amended by this Protocol article 9 paragraphs 2 and 3, article 18, paragraph 1 and article 19, paragraph 4; III) on the date of entry into force of the Protocol; (iv)) of any proposal to amend the maximum amount of the refund in accordance with article 23 of the Protocol (2); (v) any amendment), adopted under article 23 of the Protocol 5; Amendment vi) for any that is considered acceptable in accordance with article 23 of this Protocol, paragraph 8, and the date when the amendment enters into force in accordance with article 9 and 10; VII) of any denunciation of this Protocol together, as well as the date on which it received and the date when the denunciation takes effect; and (VIII)) for any exchange of information in relation to any article of this Protocol; and (b) of the Protocol) transfer approved transcripts to all States which have signed this Protocol or acceded thereto. 3. as soon as the Protocol enters into force, the Secretary-General shall send certified copies of it to the Secretary-General of the United Nations for registration and publication in accordance with article 102 of the United Nations Charter. Article 25 languages this Protocol is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic. In London, the twenty-second on the first of November. In witness whereof, the Government duly authorised thereto, have signed this Protocol. Explanations: 1. Specifying the country at will, you can specify the competent national authority, which issued the policy. 2. If the total amount of the security shall consist of multiple sources, and then preferably specify the amount of each individual. 3. If the collateral consists of several forms, and then want to list. 4. the entry "duration of Security" must specify the day on which the Security takes effect. 5. type in "the insurers (s) and/or guarantor (s) address" must specify the insurer (s) and/or guarantor (s) principal place of business. If necessary, specify a place of business where the insurance or other design.

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