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12.1.2012 Official
Journal
of
the
European
Union
L
8/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 12 December 2011
concerning the accession of the European Union to the Protocol of 2002 to the Athens Convention
relating to the Carriage of Passengers and their Luggage by Sea, 1974, with the exception of Articles
10 and 11 thereof
(2012/22/EU)
THE COUNCIL OF THE EUROPEAN UNION,
and of the Council of 23 April 2009 on the liability of
carriers of passengers by sea in the event of accidents ( 1 ).
Thus, the Union exerted competence as regards the
Having regard to the Treaty on the Functioning of the European
matters governed by that Regulation. Member States,
Union, and in particular Article 100(2), in conjunction with
however, retain their competence regarding a number
point (a) of Article 218(6) and the first subparagraph of
of provisions of the Athens Protocol, such as the opt
Article 218(8) thereof,
out clause whereby they are allowed to fix limits of
liability higher than those prescribed under the Athens
Protocol. The matters of Member State competence
under the Athens Protocol and those falling under the
Having regard to the proposal from the European Commission,
exclusive competence of the Union are interdependent.
Therefore, in matters of their competence under the
Athens Protocol, Member States should act in a coor
Having regard to the consent of the European Parliament,
dinated manner, taking into account their duty of
sincere cooperation.
Whereas:
(4) The
Athens
Protocol
is
open
for
ratification,
acceptance,
approval or accession by States and by Regional
(1) The
Protocol
of
2002
to
the
Athens
Convention
relating
Economic Integration Organisations which are
to the Carriage of Passengers and their Luggage by Sea,
constituted by sovereign States that have transferred
1974 (‘Athens Protocol’) represents a major improvement
competence over certain matters governed by the
to the regime relating to the liability of carriers and the
Athens Protocol to those Organisations.
compensation of passengers carried by sea. In particular,
it provides for a strict liability of the carrier, including
compulsory insurance, with a right of direct action
(5)
According to Article 17(2)(b) and Article 19 of the
against insurers up to specified limits, and for rules on
Athens Protocol, Regional Economic Integration Organi
jurisdiction and the recognition and enforcement of
sations may conclude the Athens Protocol.
judgments. The Athens Protocol is therefore in
accordance with the Union’s objective of improving the
legal regime relating to carriers’ liability.
(6) The
Legal
Committee
of
the
International
Maritime
Organization adopted in October 2006 the IMO Reser
vation and Guidelines for Implementation of the Athens
(2)
The Athens Protocol modifies the Athens Convention
Convention (‘IMO Guidelines’) to address certain issues
relating to the Carriage of Passengers and their Luggage
within the Athens Convention, such as, in particular,
by Sea, 1974 (‘Athens Convention’) and establishes in
compensation for terrorism-related damages.
Article 15 that the two instruments shall, as between
the Parties to the Athens Protocol, be read and inter
preted together as one single instrument.
(7) Regulation
(EC)
No
392/2009
reproduces
in
its
annexes
the relevant provisions of the consolidated version of the
Athens Convention as amended by the Athens Protocol
(3)
The majority of the rules of the Athens Protocol have
and the IMO Guidelines.
been incorporated into Union law by means of Regu
lation (EC) No 392/2009 of the European Parliament
( 1 ) OJ L 131, 28.5.2009, p. 24.

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Official Journal of the European Union
12.1.2012
(8)
Under the terms of Article 19 of the Athens Protocol, a
certain matters governed by that Protocol to them may
Regional Economic Integration Organisation must declare
sign it, on condition that they make the declaration
at the time of signature, ratification, acceptance, approval
referred to in that Article. The Union has decided to
or accession the extent of its competence in respect of
accede to the Athens Protocol and is accordingly
the matters governed by the Athens Protocol.
making that declaration.
(9) The
Union
should
consequently
accede
to
the
Athens
Protocol and make the reservation contained in the
2. The current Members of the European Union are the
IMO Guidelines. The making of such a reservation
Kingdom of Belgium, the Republic of Bulgaria, the
should not be interpreted as altering the current
Czech Republic, the Kingdom of Denmark, the Federal
division of competence between the Union and the
Republic of Germany, the Republic of Estonia, Ireland,
Member States in relation to certification and the
the Hellenic Republic, the Kingdom of Spain, the French
controls by State authorities.
Republic, the Italian Republic, the Republic of Cyprus, the
Republic of Latvia, the Republic of Lithuania, the Grand
Duchy of Luxembourg, the Republic of Hungary, Malta,
(10) Certain
provisions
under
the
Athens
Protocol
concern
the Kingdom of the Netherlands, the Republic of Austria,
judicial cooperation in civil matters and therefore fall
the Republic of Poland, the Portuguese Republic, Romania,
within the scope of Title V of Part Three of the TFEU.
the Republic of Slovenia, the Slovak Republic, the
A separate Decision relating to those provisions is to be
Republic of Finland, the Kingdom of Sweden and the
adopted in parallel to this Decision.
United Kingdom of Great Britain and Northern Ireland.
(11) Member
States
which
are
to
ratify
or
accede
to
the
Athens Protocol should, if possible, do so simultaneously.
3. This declaration is not applicable to the territories of the
Member States should therefore exchange information on
Member States of the European Union in which the Treaty
the state of their ratification or accession procedures in
on the Functioning of the European Union (TFEU) does
order to prepare as far as possible the simultaneous
not apply and is without prejudice to such acts or
deposit of their instruments of ratification or accession.
positions as may be adopted under the Protocol by the
When ratifying or acceding to the Athens Protocol,
Member States concerned on behalf of, and in the
Member States should make the reservation contained
interests of, those territories.
in the IMO Guidelines,
HAS ADOPTED THIS DECISION:
4. The Member States of the European Union have conferred
exclusive competence to the Union as regards measures
adopted on the basis of Article 100 of the TFEU. Such
Article 1
measures have been adopted as regards Articles 1 and 1
bis, Article 2(2), Articles 3 to 16 and Articles 18, 20 and
The accession of the European Union to the Protocol of 2002
21 of the Athens Convention as amended by the Athens
to the Athens Convention relating to the Carriage of Passengers
Protocol and the provisions of the IMO Guidelines, by
and their Luggage by Sea, 1974 (‘Athens Protocol’) is hereby
means of Regulation (EC) No 392/2009 of the European
approved on behalf of the European Union as regards matters
Parliament and of the Council of 23 April 2009 on the
falling within the Union’s exclusive competence, with the
liability of carriers of passengers by sea in the event of
exception of Articles 10 and 11 thereof.
accidents.
The text of the Athens Protocol, with the exception of Articles
10 and 11, is reproduced in the Annex.
5. The exercise of competence which the Member States have
transferred to the European Union pursuant to the TFEU
Article 2
is, by its nature, liable to continuous development. In the
framework of the TFEU, the competent institutions may
1. The President of the Council is hereby authorised to
take decisions which determine the extent of the
designate the person or persons empowered to deposit the
competence of the European Union. The European
instrument of accession of the Union to the Athens Protocol
Union therefore reserves the right to amend this
in accordance with Articles 17(2)(c), 17(3) and 19 of that
declaration accordingly, without this constituting a
Protocol.
prerequisite for the exercise of its competence with
regard to matters governed by the Athens Protocol. The
European Union will notify the amended declaration to
2. At the time of the deposit of the instrument of accession,
the Secretary-General of the International Maritime Organ
the Union shall make the following declaration of competence:
ization.’.
‘1. Article 19 of the Athens Protocol of 2002 to the Athens
Convention relating to the Carriage of Passengers and
3. The
person
or
persons
designated
under
paragraph
1
of
their Luggage by Sea, 1974 provides that Regional
this Article shall make the reservation contained in the IMO
Economic Integration Organisations which are constituted
Guidelines when depositing the instrument of accession of the
by sovereign States that have transferred competence over
Union to the Athens Protocol.

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Article 3
The Union shall deposit its instrument of accession to the Athens Protocol by 31 December 2011.
Article 4
1. Member States shall take the necessary steps to deposit the instruments of ratification of, or accession
to, the Athens Protocol within a reasonable time and, if possible, by 31 December 2011.
2. Member States shall make the reservation contained in the IMO Guidelines when depositing their
instruments of ratification of, or accession to, the Athens Protocol.
Done at Brussels, 12 December 2011.
For the Council
The President
S. NOWAK

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L 8/4
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ANNEX
PROTOCOL OF 2002 TO THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF
PASSENGERS AND THEIR LUGGAGE BY SEA, 1974
THE STATES PARTIES TO THIS PROTOCOL,
CONSIDERING that it is desirable to revise the Athens Convention relating to the Carriage of Passengers and their
Luggage by Sea, done at Athens on 13 December 1974, to provide for enhanced compensation, to introduce strict
liability, to establish a simplified procedure for updating the limitation amounts, and to ensure compulsory insurance for
the benefit of passengers,
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 limitation amounts, has not entered into force,
HAVE AGREED as follows:
Article 1
2. The following text is added as Article 1, paragraph 11, of
the Convention:
For the purposes of this Protocol:
‘11. “Secretary-General”
means
the
Secretary-General
of
1. ‘Convention’ means the text of the Athens Convention
the Organization.’.
relating to the Carriage of Passengers and their Luggage by
Sea, 1974.
Article 4
Article 3 of the Convention is replaced by the following text:
2. ‘Organization’ means the International Maritime Organ
ization.
‘Article 3
3. ‘Secretary-General’ means the Secretary-General of the
Liability of the carrier
Organization.
1. For the loss suffered as a result of the death of or
personal injury to a passenger caused by a shipping
Article 2
incident, the carrier shall be liable to the extent that such
Article 1, paragraph 1 of the Convention is replaced by the
loss in respect of that passenger on each distinct occasion
following text:
does not exceed 250,000 units of account, unless the carrier
proves that the incident:
‘1. (a)
“carrier”
means
a
person
by
or
on
behalf
of
whom
(a) resulted from an act of war, hostilities, civil war, insur
a contract of carriage has been concluded, whether
rection or a natural phenomenon of an exceptional,
the carriage is actually performed by that person or
inevitable and irresistible character; or
by a performing carrier;
(b) was wholly caused by an act or omission done with the
intent to cause the incident by a third party.
(b) “performing carrier” means a person other than the
carrier, being the owner, charterer or operator of a
If and to the extent that the loss exceeds the above limit, the
ship, who actually performs the whole or a part of
carrier shall be further liable unless the carrier proves that the
the carriage; and
incident which caused the loss occurred without the fault or
neglect of the carrier.
(c) “carrier who actually performs the whole or a part
2. For the loss suffered as a result of the death of or
of the carriage” means the performing carrier, or, in
personal injury to a passenger not caused by a shipping
so far as the carrier actually performs the carriage,
incident, the carrier shall be liable if the incident which
the carrier.’.
caused the loss was due to the fault or neglect of the
carrier. The burden of proving fault or neglect shall lie
Article 3
with the claimant.
1. Article 1, paragraph 10 of the Convention is replaced by
3.
For the loss suffered as a result of the loss of or damage
the following:
to cabin luggage, the carrier shall be liable if the incident
which caused the loss was due to the fault or neglect of
‘10. “Organization”
means
the
International
Maritime
the carrier. The fault or neglect of the carrier shall be
Organization.’.
presumed for loss caused by a shipping incident.

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4.
For the loss suffered as a result of the loss of or damage
passengers, and this Convention applies, any carrier who
to luggage other than cabin luggage, the carrier shall be liable
actually performs the whole or a part of the carriage shall
unless the carrier proves that the incident which caused the
maintain insurance or other financial security, such as the
loss occurred without the fault or neglect of the carrier.
guarantee of a bank or similar financial institution, to cover
liability under this Convention in respect of the death of and
personal injury to passengers. The limit of the compulsory
5. For
the
purposes
of
this
Article:
insurance or other financial security shall not be less than
250,000 units of account per passenger on each distinct
occasion.
(a) “shipping incident” means shipwreck, capsizing, collision
or stranding of the ship, explosion or fire in the ship, or
2. A
certificate
attesting
that
insurance
or
other
financial
defect in the ship;
security is in force in accordance with the provisions of this
Convention shall be issued to each ship after the appropriate
authority of a State Party has determined that the
(b) “fault or neglect of the carrier” includes the fault or
requirements of paragraph 1 have been complied with.
neglect of the servants of the carrier, acting within the
With respect to a ship registered in a State Party, such
scope of their employment;
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
(c) ‘defect in the ship’ means any malfunction, failure or
certificate shall be in the form of the model set out in the
non-compliance with applicable safety regulations in
annex to this Convention and shall contain the following
respect of any part of the ship or its equipment when
particulars:
used for the escape, evacuation, embarkation and disem
barkation of passengers; or when used for the propulsion,
steering, safe navigation, mooring, anchoring, arriving at
(a) name of ship, distinctive number or letters and port of
or leaving berth or anchorage, or damage control after
registry;
flooding; or when used for the launching of life saving
appliances; and
(b) name and principal place of business of the carrier who
actually performs the whole or a part of the carriage;
(d) ‘loss’ shall not include punitive or exemplary damages.
(c) IMO ship identification number;
6. The
liability
of
the
carrier
under
this
Article
only
relates
to loss arising from incidents that occurred in the course of
(d) type and duration of security;
the carriage. The burden of proving that the incident which
caused the loss occurred in the course of the carriage, and the
extent of the loss, shall lie with the claimant.
(e) name and principal place of business of insurer or other
person providing financial security and, where appro
priate, place of business where the insurance or other
7. Nothing
in
this
Convention
shall
prejudice
any
right
of
financial security is established; and
recourse of the carrier against any third party, or the defence
of contributory negligence under Article 6 of this
Convention. Nothing in this Article shall prejudice any
(f) period of validity of the certificate, which shall not be
right of limitation under Articles 7 or 8 of this Convention.
longer than the period of validity of the insurance or
other financial security.
8. Presumptions of fault or neglect of a party or the allo
3. (a) A State Party may authorize an institution or an
cation of the burden of proof to a party shall not prevent
Organization recognised by it to issue the
evidence in favour of that party from being considered.’.
certificate. Such institution or organization shall
inform that State of the issue of each certificate.
In all cases, the State Party shall fully guarantee
Article 5
the completeness and accuracy of the certificate so
issued, and shall undertake to ensure the necessary
The following text is added as Article 4bis of the Convention:
arrangements to satisfy this obligation.
(b) A State Party shall notify the Secretary-General of:
‘Article 4bis
Compulsory insurance
(i) the specific responsibilities and conditions of
1. When
passengers
are
carried
on
board
a
ship
registered
the authority delegated to an institution or
in a State Party that is licensed to carry more than twelve
organization recognised by it;

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(ii) the withdrawal of such authority; and
States Parties as having the same force as certificates issued or
certified by them, even if issued or certified in respect of a
ship not registered in a State Party. A State Party may at any
(iii) the date from which such authority or with
time request consultation with the issuing or certifying State
drawal of such authority takes effect.
should it believe that the insurer or guarantor named in the
insurance certificate is not financially capable of meeting the
obligations imposed by this Convention.
An authority delegated shall not take effect prior to
3 months from the date from which notification to
that effect was given to the Secretary-General.
10. Any
claim
for
compensation
covered
by
insurance
or
other financial security pursuant to this Article may be
(c) The institution or organization authorized to issue
brought directly against the insurer or other person
certificates in accordance with this paragraph shall,
providing financial security. In such case, the amount set
as a minimum, be authorized to withdraw these
out in paragraph 1 applies as the limit of liability of the
certificates if the conditions under which they
insurer or other person providing financial security, even if
have been issued are not complied with. In all
the carrier or the performing carrier is not entitled to limi
cases the institution or organization shall report
tation of liability. The defendant may further invoke the
such withdrawal to the State on whose behalf the
defences (other than the bankruptcy or winding up) which
certificate was issued.
the carrier referred to in paragraph 1 would have been
entitled to invoke in accordance with this Convention.
4. The
certificate
shall
be
in
the
official
language
or
Furthermore, the defendant may invoke the defence that
languages of the issuing State. If the language used is not
the damage resulted from the wilful misconduct of the
English, French or Spanish, the text shall include a translation
assured, but the defendant shall not invoke any other
into one of these languages, and, where the State so decides,
defence which the defendant might have been entitled to
the official language of the State may be omitted.
invoke in proceedings brought by the assured against the
defendant. The defendant shall in any event have the right
to require the carrier and the performing carrier to be joined
5. The
certificate
shall
be
carried
on
board
the
ship,
and
a
in the proceedings.
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.
11. Any sums provided by insurance or by other financial
security maintained in accordance with paragraph 1 shall be
available exclusively for the satisfaction of claims under this
6. An
insurance
or
other
financial
security
shall
not
satisfy
Convention, and any payments made of such sums shall
the requirements of this Article if it can cease, for reasons
discharge any liability arising under this Convention to the
other than the expiry of the period of validity of the
extent of the amounts paid.
insurance or security specified in the certificate, before 3
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
12. A State Party shall not permit a ship under its flag to
these authorities or a new certificate has been issued within
which this Article applies to operate at any time unless a
the said period. The foregoing provisions shall similarly apply
certificate has been issued under paragraphs 2 or 15.
to any modification which results in the insurance or other
financial security no longer satisfying the requirements of this
Article.
13. Subject
to
the
provisions
of
this
Article,
each
State
Party shall ensure, under its national law, that insurance or
7. The
State
of
the
ship’s
registry
shall,
subject
to
the
other financial security, to the extent specified in paragraph
provisions of this Article, determine the conditions of issue
1, is in force in respect of any ship that is licensed to carry
and validity of the certificate.
more than twelve passengers, wherever registered, entering or
leaving a port in its territory in so far as this Convention
applies.
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
14. Notwithstanding
the
provisions
of
paragraph
5,
a
State
of providers of insurance or other financial security for the
Party may notify the Secretary-General that, for the purposes
purposes of this Convention. In such cases, the State Party
of paragraph 13, ships are not required to carry on board or
relying on such information is not relieved of its responsi
to produce the certificate required by paragraph 2 when
bility as a State issuing the certificate.
entering or leaving ports in its territory, provided that the
State Party which issues the certificate has notified the
Secretary-General that it maintains records in an electronic
9. Certificates
issued
or
certified
under
the
authority
of
a
format, accessible to all States Parties, attesting the existence
State Party shall be accepted by other States Parties for the
of the certificate and enabling States Parties to discharge their
purposes of this Convention and shall be regarded by other
obligations under paragraph 13.

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15. If
insurance
or
other
financial
security
is
not
main
Article 8
tained in respect of a ship owned by a State Party, the
provisions of this Article relating thereto shall not be
Article 9 of the Convention is replaced by the following text:
applicable 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
‘Article 9
the liability is covered within the amount prescribed in
Unit of Account and conversion
accordance with paragraph 1. Such a certificate shall follow
as closely as possible the model prescribed by paragraph 2.’.
1. The
Unit
of
Account
mentioned
in
this
Convention
is
the Special Drawing Right as defined by the International
Monetary Fund. The amounts mentioned in Article 3,
Article 6
paragraph 1, Article 4bis, paragraph 1, Article 7, paragraph
l, and Article 8 shall be converted into the national currency
Article 7 of the Convention is replaced by the following text:
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
‘Article 7
Right on the date of the judgment or the date agreed upon
by the parties. The value of the national currency, in terms of
Limit of liability for death and personal injury
the Special Drawing Right, of a State Party which is a
1. The liability of the carrier for the death of or personal
member of the International Monetary Fund, shall be
injury to a passenger under Article 3 shall in no case exceed
calculated in accordance with the method of valuation
400,000 units of account per passenger on each distinct
applied by the International Monetary Fund in effect on the
date in question for its operations and transactions. The value
occasion. Where, in accordance with the law of the court
of the national currency, in terms of the Special Drawing
seized of the case, damages are awarded in the form of
Right, of a State Party which is not a member of the Inter
periodical income payments, the equivalent capital value of
national Monetary Fund, shall be calculated in a manner
those payments shall not exceed the said limit.
determined by that State Party.
2. A
State
Party
may
regulate
by
specific
provisions
of
national law the limit of liability prescribed in paragraph 1,
2. Nevertheless, a State which is not a member of the
provided that the national limit of liability, if any, is not
International Monetary Fund and whose law does not
lower than that prescribed in paragraph 1. A State Party,
permit the application of the provisions of paragraph 1
which makes use of the option provided for in this
may, at the time of ratification, acceptance, approval of or
paragraph, shall inform the Secretary-General of the limit
accession to this Convention or at any time thereafter, declare
of liability adopted or of the fact that there is none.’.
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 corresponds to sixty-five and a half milligrams of
Article 7
gold of millesimal fineness nine hundred. The conversion of
the gold franc into the national currency shall be made
Article 8 of the Convention is replaced by the following text:
according to the law of the State concerned.
‘Article 8
3. The
calculation
mentioned
in
the
last
sentence
of
Limit of liability for loss of or damage to luggage and
paragraph 1, and the conversion mentioned in paragraph 2
vehicles
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
1. The liability of the carrier for the loss of or damage to
value for the amounts in Article 3, paragraph 1, Article 4bis,
cabin luggage shall in no case exceed 2,250 units of account
paragraph 1, Article 7, paragraph 1, and Article 8 as would
per passenger, per carriage.
result from the application of the first three sentences of
paragraph 1. States shall communicate to the Secretary-
2. The liability of the carrier for the loss of or damage to
General the manner of calculation pursuant to paragraph 1,
vehicles including all luggage carried in or on the vehicle
or the result of the conversion in paragraph 2, as the case
shall in no case exceed 12,700 units of account per
may be, when depositing an instrument of ratification,
vehicle, per carriage.
acceptance, approval of or accession to this Convention
and whenever there is a change in either.’.
3. The liability of the carrier for the loss of or damage to
luggage other than that mentioned in paragraphs 1 and 2
Article 9
shall in no case exceed 3,375 units of account per passenger,
Article 16, paragraph 3, of the Convention is replaced by the
per carriage.
following text:
4. The
carrier
and
the
passenger
may
agree
that
the
liability of the carrier shall be subject to a deductible not
‘3.
The law of the Court seized of the case shall govern the
exceeding 330 units of account in the case of damage to a
grounds for suspension and interruption of limitation
vehicle and not exceeding 149 units of account per passenger
periods, but in no case shall an action under this Convention
in the case of loss of or damage to other luggage, such sum
be brought after the expiration of any one of the following
to be deducted from the loss or damage.’.
periods of time:

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(a) A period of 5 years beginning with the date of disem
as favourable to persons who may suffer damage as either
barkation of the passenger or from the date when disem
the Paris or the Vienna Conventions or any amendment
barkation should have taken place, whichever is later; or,
or Protocol thereto which is in force.’.
if earlier
Article 14
(b) a period of 3 years beginning with the date when the
claimant knew or ought reasonably to have known of the
Model certificate
injury, loss or damage caused by the incident.’.
1. The
model
certificate
set
out
in
the
annex
to
this
Protocol
shall be incorporated as an annex to the Convention.
Article 10
[not reproduced]
2. The
following
text
is
added
as
Article
1bis
of
the
Convention:
Article 11
‘Article 1bis
[not reproduced]
Annex
Article 12
The annex to this Convention shall constitute an integral part
of the Convention.’.
Article 18 of the Convention is replaced by the following text:
Article 15
‘Article 18
Interpretation and application
Invalidity of contractual provisions
1. The Convention and this Protocol shall, as between the
Any contractual provision concluded before the occurrence
Parties to this Protocol, be read and interpreted together as one
of the incident which has caused the death of or personal
single instrument.
injury to a passenger or the loss of or damage to the
passenger’s luggage, purporting to relieve any person liable
under this Convention of liability towards the passenger or to
2. The
Convention
as
revised
by
this
Protocol
shall
apply
prescribe a lower limit of liability than that fixed in this
only to claims arising out of occurrences which take place
Convention except as provided in Article 8, paragraph 4,
after the entry into force for each State of this Protocol.
and any such provision purporting to shift the burden of
proof which rests on the carrier or performing carrier, or
having the effect of restricting the options specified in
3. Articles
1
to
22
of
the
Convention,
as
revised
by
this
Article 17, paragraphs 1 or 2, shall be null and void, but
Protocol, together with Articles 17 to 25 of this Protocol and
the nullity of that provision shall not render void the contract
the annex thereto, shall constitute and be called the Athens
of carriage which shall remain subject to the provisions of
Convention relating to the Carriage of Passengers and their
this Convention.’.
Luggage by Sea, 2002.
Article 13
Article 16
Article 20 of the Convention is replaced by the following text:
The following text is added as Article 22bis of the Convention:
‘Article 20
‘Article 22bis
Nuclear damage
Final clauses of the Convention
No liability shall arise under this Convention for damage
The final clauses of this Convention shall be Articles 17 to
caused by a nuclear incident:
25 of the Protocol of 2002 to the Athens Convention
relating to the Carriage of Passengers and their Luggage by
Sea, 1974. References in this Convention to States Parties
(a) if the operator of a nuclear installation is liable for such
shall be taken to mean references to States Parties to that
damage under either the Paris Convention of 29 July
Protocol.’.
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
FINAL CLAUSES
1963 on Civil Liability for Nuclear Damage, or any
amendment or Protocol thereto which is in force; or
Article 17
Signature, ratification, acceptance, approval and accession
(b) if the operator of a nuclear installation is liable for such
1. This
Protocol
shall
be
open
for
signature
at
the
Head
damage by virtue of a national law governing the liability
quarters of the Organization from 1 May 2003 until 30 April
for such damage, provided that such law is in all respects
2004 and shall thereafter remain open for accession.

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2. States
may
express
their
consent
to
be
bound
by
this (a) references to the State of a ship’s registry and, in relation to
Protocol by:
a compulsory insurance certificate, to the issuing or
certifying State, shall be construed as referring to the terri
torial unit respectively in which the ship is registered and
(a) signature without reservation as to ratification, acceptance
which issues or certifies the certificate;
or approval; or
(b) signature subject to ratification, acceptance or approval
(b) references to the requirements of national law, national limit
followed by ratification, acceptance or approval; or
of liability and national currency shall be construed
respectively as references to the requirements of the law,
(c) accession.
the limit of liability and the currency of the relevant terri
torial unit; and
3. Ratification,
acceptance,
approval
or
accession
shall
be
effected by the deposit of an instrument to that effect with
(c) references to courts, and to judgments which must be
the Secretary-General.
recognised in States Parties, shall be construed as references
respectively to courts of, and to judgments which must be
4. Any
instrument
of
ratification,
acceptance,
approval
or
recognised in, the relevant territorial unit.
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 measures required for the
Article 19
entry into force of the amendment with respect to those States
Parties shall be deemed to apply to this Protocol as modified by
Regional Economic Integration Organizations
the amendment.
1. A
Regional
Economic
Integration
Organization,
which
is
constituted by sovereign States that have transferred
5. A
State
shall
not
express
its
consent
to
be
bound
by
this competence over certain matters governed by this Protocol to
Protocol unless, if Party thereto, it denounces:
that Organization, may sign, ratify, accept, approve or accede to
this Protocol. A Regional Economic Integration Organization
which is a Party to this Protocol shall have the rights and
(a) the Athens Convention relating to the Carriage of
obligations of a State Party, to the extent that the Regional
Passengers and their Luggage by Sea, done at Athens on
Economic Integration Organization has competence over
13 December 1974;
matters governed by this Protocol.
(b) the Protocol to the Athens Convention relating to the
Carriage of Passengers and their Luggage by Sea, done at
2. Where
a
Regional
Economic
Integration
Organization
London on 19 November 1976; and
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
(c) the Protocol of 1990 to amend the Athens Convention
Protocol and which have transferred competence to it over
relating to the Carriage of Passengers and their Luggage
the matter in question. A Regional Economic Integration Organ
by Sea, done at London on 29 March 1990,
ization shall not exercise its right to vote if its Member States
exercise theirs, and vice versa.
with effect from the time that this Protocol will enter into force
for that State in accordance with Article 20.
3. Where the number of States Parties is relevant in this
Protocol, including but not limited to Articles 20 and 23 of
Article 18
this Protocol, the Regional Economic Integration Organization
States with more than one system of law
shall not count as a State Party in addition to its Member States
which are States Parties.
1. If
a
State
has
two
or
more
territorial
units
in
which
different systems of law are applicable in relation to matters
dealt with in this Protocol, it may at the time of signature,
4. At
the
time
of
signature,
ratification,
acceptance,
approval
ratification, acceptance, approval or accession declare that this
or accession the Regional Economic Integration Organization
Protocol shall extend to all its territorial units or only to one or
shall make a declaration to the Secretary-General specifying
more of them, and may modify this declaration by submitting
the matters governed by this Protocol in respect of which
another declaration at any time.
competence has been transferred to that Organization by its
Member States which are signatories or Parties to this
2. Any
such
declaration
shall
be
notified
to
the
Secretary- Protocol and any other relevant restrictions as to the scope of
General and shall state expressly the territorial units to which
that competence. The Regional Economic Integration Organ
this Protocol applies.
ization shall promptly notify the Secretary-General of any
changes to the distribution of competence, including new
transfers of competence, specified in the declaration under
3. In
relation
to
a
State
Party
which
has
made
such
a this paragraph. Any such declarations shall be made available
declaration:
by the Secretary-General pursuant to Article 24 of this Protocol.

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5. States Parties which are Member States of a Regional
2. Upon the request of at least one half, but in no case less
Economic Integration Organization which is a Party to this
than six, of the States Parties to this Protocol, any proposal to
Protocol shall be presumed to have competence over all
amend the limits, including the deductibles, specified in
matters governed by this Protocol in respect of which
Article 3, paragraph 1, Article 4bis, paragraph 1, Article 7,
transfers of competence to the Organization have not been
paragraph 1, and Article 8 of the Convention as revised by
specifically declared or notified under paragraph 4.
this Protocol shall be circulated by the Secretary-General to all
Members of the Organization and to all States Parties.
Article 20
Entry into force
3. Any
amendment
proposed
and
circulated
as
above
shall
be submitted to the Legal Committee of the Organization (here
1. This
Protocol
shall
enter
into
force
12
months
following inafter referred to as ‘the Legal Committee’) for consideration at
the date on which 10 States have either signed it without
a date at least 6 months after the date of its circulation.
reservation as to ratification, acceptance or approval or have
deposited instruments of ratification, acceptance, approval or
accession with the Secretary-General.
4. All
States
Parties
to
the
Convention
as
revised
by
this
Protocol, whether or not Members of the Organization, shall
be entitled to participate in the proceedings of the Legal
2. For
any
State
which
ratifies,
accepts,
approves
or
accedes Committee for the consideration and adoption of amendments.
to this Protocol after the conditions in paragraph 1 for entry
into force have been met, this Protocol shall enter into force 3
months after the date of deposit by such State of the appro
5. Amendments
shall
be
adopted
by
a
two-thirds
majority
of
priate instrument, but not before this Protocol has entered into
the States Parties to the Convention as revised by this Protocol
force in agreement with paragraph 1.
present and voting in the Legal Committee expanded as
provided for in paragraph 4, on condition that at least one
Article 21
half of the States Parties to the Convention as revised by this
Protocol shall be present at the time of voting.
Denunciation
1.
This Protocol may be denounced by any State Party at any
6. When
acting
on
a
proposal
to
amend
the
limits,
the
Legal
time after the date on which this Protocol comes into force for
Committee shall take into account the experience of incidents
that State.
and, in particular, the amount of damage resulting therefrom,
changes in the monetary values and the effect of the proposed
2. Denunciation
shall
be
effected
by
the
deposit
of
an amendment on the cost of insurance.
instrument to that effect with the Secretary-General.
7. (a)
No
amendment
of
the
limits
under
this
Article
may
be
3. A
denunciation
shall
take
effect
12
months,
or
such
considered less than 5 years from the date on which
longer period as may be specified in the instrument of
this Protocol was opened for signature nor less than 5
denunciation, after its deposit with the Secretary-General.
years from the date of entry into force of a previous
amendment under this Article.
4. As between the States Parties to this Protocol,
denunciation by any of them of the Convention in accordance
with Article 25 thereof shall not be construed in any way as a
(b) No limit may be increased so as to exceed an amount
denunciation of the Convention as revised by this Protocol.
which corresponds to the limit laid down in the
Convention as revised by this Protocol increased by
Article 22
six per cent per year calculated on a compound basis
from the date on which this Protocol was opened for
Revision and Amendment
signature.
1.
A Conference for the purpose of revising or amending this
Protocol may be convened by the Organization.
(c) No limit may be increased so as to exceed an amount
which corresponds to the limit laid down in the
2. The
Organization
shall
convene
a
Conference
of
States
Convention as revised by this Protocol multiplied by
Parties to this Protocol for revising or amending this Protocol
three.
at the request of not less than one-third of the States Parties.
8. Any
amendment
adopted
in
accordance
with
paragraph
5
Article 23
shall be notified by the Organization to all States Parties. The
Amendment of limits
amendment shall be deemed to have been accepted at the end
of a period of eighteen months after the date of notification,
1. Without
prejudice
to
the
provisions
of
Article
22,
the unless within that period not less than one fourth of the States
special procedure in this Article shall apply solely for the
that were States Parties at the time of the adoption of the
purposes of amending the limits set out in Article 3,
amendment have communicated to the Secretary-General that
paragraph 1, Article 4bis, paragraph 1, Article 7, paragraph 1
they do not accept the amendment, in which case the
and Article 8 of the Convention as revised by this Protocol.
amendment is rejected and shall have no effect.

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9. An
amendment
deemed
to
have
been
accepted
in
(iv) any proposal to amend the limits which has been
accordance with paragraph 8 shall enter into force eighteen
made in accordance with Article 23, paragraph 2 of
months after its acceptance.
this Protocol;
10. All
States
Parties
shall
be
bound
by
the
amendment,
(v) any amendment which has been adopted in
unless they denounce this Protocol in accordance with
accordance with Article 23, paragraph 5 of this
Article 21, paragraphs 1 and 2 at least 6 months before the
Protocol;
amendment enters into force. Such denunciation shall take
effect when the amendment enters into force.
(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
11. When
an
amendment
has
been
adopted
but
the
force in accordance with paragraphs 9 and 10 of that
eighteen-month period for its acceptance has not yet expired,
Article;
a State which becomes a State Party during that period shall be
bound by the amendment if it enters into force. A State which
(vii) the deposit of any instrument of denunciation of this
becomes a State Party after that period shall be bound by an
Protocol together with the date of the deposit and the
amendment which has been accepted in accordance with
date on which it takes effect;
paragraph 8. In the cases referred to in this paragraph, a
State becomes bound by an amendment when that
(viii) any communication called for by any Article of this
amendment enters into force, or when this Protocol enters
Protocol;
into force for that State, if later.
(b) transmit certified true copies of this protocol to all States
Article 24
which have signed or acceded to this Protocol.
Depositary
3. As
soon
as
this
Protocol
comes
into
force,
the
text
shall
1. This
Protocol
and
any
amendments
adopted
under be transmitted by the Secretary-General to the Secretariat of the
Article 23 shall be deposited with the Secretary-General.
United Nations for registration and publication in accordance
with Article 102 of the Charter of the United Nations.
2. The
Secretary-General
shall:
Article 25
(a) inform all States which have signed or acceded to this
Languages
Protocol of:
This Protocol is established in a single original in the Arabic,
Chinese, English, French, Russian and Spanish languages, each
(i) each new signature or deposit of an instrument of
text being equally authentic.
ratification, acceptance, approval or accession
together with the date thereof;
(ii) each declaration and communication under Article 9,
DONE AT LONDON this first day of November two thousand
paragraphs 2 and 3, Article 18, paragraph 1 and
and two.
Article 19, paragraph 4 of the Convention as revised
by this Protocol;
IN WITNESS WHEREOF the undersigned, being duly authorised by
their respective Governments for that purpose, have signed this
(iii) the date of entry into force of this Protocol;
Protocol.

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ANNEX TO ATHENS PROTOCOL

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