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12.1.2012 Official
Journal
of
the
European
Union
L
8/13
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, as regards Articles 10 and 11
thereof
(2012/23/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Protocol should not take precedence either over the
relevant rules of the Union, as extended to Denmark
by the Agreement between the European Community
and the Kingdom of Denmark on jurisdiction and the
Having regard to the Treaty on the Functioning of the European
recognition and enforcement of judgments in civil and
Union, and in particular Article 81(1) and points (a) and (c) of
commercial matters (
Article 81(2), in conjunction with point (a) of Article 218(6)

2 ), or the rules of the Lugano
Convention on jurisdiction and the enforcement of
and the first subparagraph of Article 218(8) thereof,
judgments in civil and commercial matters of
16 September 1988 ( 3 ) or the Lugano Convention on
jurisdiction and the recognition and enforcement of
Having regard to the proposal from the European Commission,
judgments in civil and commercial matters of
30 October 2007 ( 4 ), since the effect of the application
of these rules is to ensure that judgments are recognised
and enforced at least to the same extent as under the
Having regard to the consent of the European Parliament,
rules of the Athens Protocol.
Whereas:
(6) The
Athens
Protocol
is
open
for
ratification,
acceptance,
approval or accession by States and by Regional
Economic Integration Organisations which are
(1) The
Protocol
of
2002
to
the
Athens
Convention
relating
constituted by sovereign States that have transferred
to the Carriage of Passengers and their Luggage by Sea,
competence over certain matters governed by the
1974 ("Athens Protocol") represents a major
Athens Protocol to those Organisations.
improvement to the regime relating to the liability of
carriers and the compensation of passengers carried by
sea.
(7)
According to Article 17(2)(b) and Article 19 of the
Athens Protocol, Regional Economic Integration Organi
(2)
The Athens Protocol modifies the Athens Convention
sations may conclude the Athens Protocol.
relating to the Carriage of Passengers and their Luggage
by Sea, 1974 and establishes in Article 15 that the two
instruments shall, as between the Parties to the Athens
Protocol, be read and interpreted together as one single
instrument.
(8) The
United
Kingdom
and
Ireland,
to
which
the
Protocol
(No 21) on the position of the United Kingdom and
Ireland in respect of the Area of Freedom, Security and
Justice, annexed to the Treaty on European Union and to
(3)
Articles 10 and 11 of the Athens Protocol affect Council
the Treaty on the Functioning of the European Union,
Regulation (EC) No 44/2001 of 22 December 2000 on
applies, will be bound as part of the European Union by
jurisdiction and the recognition and enforcement of
Articles 10 and 11 of the Athens Protocol.
judgments in civil and commercial matters ( 1 ). The
Union thus has exclusive competence as regards
Articles 10 and 11 of the Athens Protocol.
(9)
In accordance with Articles 1 and 2 of the Protocol (No
22) on the position of Denmark, annexed to the Treaty
(4) Upon
accession
of
the
Union
to
the
Athens
Protocol,
the
on European Union and to the Treaty on the Functioning
rules on jurisdiction set out in Article 10 thereof should
of the European Union, Denmark is not taking part in
take precedence over the relevant Union rules.
the adoption of this Decision and is not bound by it or
subject to its application in respect of Articles 10 and 11
of the Athens Protocol. It will be bound by these Articles
only as a separate Contracting Party.
(5) However,
the
rules
on
recognition
and
enforcement
of
judgments laid down in Article 11 of the Athens
( 2 ) OJ L 299, 16.11.2005, p. 62.
( 3 ) OJ L 319, 25.11.1988, p. 9.
( 1 ) OJ L 12, 16.1.2001, p. 1.
( 4 ) OJ L 339, 21.12.2007, p. 3.

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L 8/14
EN
Official Journal of the European Union
12.1.2012
(10) The majority of the rules of the Athens Protocol have
Union. The Union exercised this competence by adopting
been incorporated into Union law by Regulation (EC) No
Council Regulation (EC) No 44/2001 of 22 December
392/2009 of the European Parliament and of the Council
2000 on jurisdiction and the recognition and enforcement
of 23 April 2009 on the liability of carriers of passengers
of judgments in civil and commercial matters.".
by sea in the event of accidents ( 1 ). Thus, the Union
exerted competence as regards the matters governed by
that Regulation. A separate Decision relating to those
provisions is to be adopted in parallel to this Decision.
3. At the time of the deposit of the instrument of accession,
the Union shall make the following declaration on
Article 17bis(3) of the Athens Convention relating to the
Carriage of Passengers and their Luggage by Sea, 1974, as
(11) Member
States
which
are
to
ratify
or
accede
to
the
amended by Article 11 of the Athens Protocol:
Athens Protocol should, if possible, do so simultaneously.
Member States should therefore exchange information on
the state of their ratification or accession procedures in
order to prepare as far as possible the simultaneous
"
deposit of their instruments of ratification or accession.
1. Judgments on matters covered by the Athens Protocol of
When ratifying or acceding to the Athens Protocol,
2002 to the Athens Convention relating to the Carriage
Member States should make the reservation contained
of Passengers and their Luggage by Sea, 1974, when
in the IMO Guidelines,
given by a court of the Kingdom of Belgium, the

Republic of Bulgaria, the Czech Republic, the Federal
Republic of Germany, the Republic of Estonia, Ireland,
the Hellenic Republic, the Kingdom of Spain, the
HAS ADOPTED THIS DECISION:
French 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, the Kingdom of the Netherlands, the
Article 1
Republic of Austria, the Republic of Poland, the
Portuguese Republic, Romania, the Republic of Slovenia,
The accession of the European Union to the Protocol of 2002
the Slovak Republic, the Republic of Finland, the
to the Athens Convention relating to the Carriage of Passengers
Kingdom of Sweden or the United Kingdom of Great
and their Luggage by Sea, 1974 ("Athens Protocol") is hereby
Britain and Northern Ireland, shall be recognised and
approved on behalf of the European Union as regards Articles
enforced in a Member State of the European Union in
10 and 11 thereof.
accordance with the relevant rules of the European Union
on the subject.
The text of these Articles is reproduced in the Annex.
2. Judgments on matters covered by the Athens Protocol,
when given by a court of the Kingdom of Denmark,
Article 2
shall be recognised and enforced in a Member State of
the European Union in accordance with the Agreement
1. The President of the Council is hereby authorised to
between the European Community and the Kingdom of
designate the person or persons empowered to deposit the
Denmark on jurisdiction and the recognition and
instrument of accession of the Union to the Athens Protocol
enforcement of judgments in civil and commercial
as regards Articles 10 and 11 thereof in accordance with
matters.
Articles 17(2)(c), 17(3) and 19 of that Protocol.
3. Judgments on matters covered by the Athens Protocol,
2. At the time of the deposit of the instrument of accession,
when given by a court of a third State
the Union shall make the following declaration of competence:
(a) bound by the Lugano Convention on jurisdiction and
"As regards matters covered by Articles 10 and 11 of the
the recognition and enforcement of judgments in civil
Athens Protocol of 2002 to the Athens Convention relating
and commercial matters of 30 October 2007 shall be
to the Carriage of Passengers and their Luggage by Sea, 1974,
recognised and enforced in the Member States of the
which come under Article 81 of the Treaty on the Func
European Union in accordance with that Convention;
tioning of the European Union, the Member States of the
European Union, with the exception of the Kingdom of
Denmark, in accordance with Articles 1 and 2 of Protocol
(No 22) on the position of Denmark, annexed to the Treaty
(b) bound by the Lugano Convention on jurisdiction and
on European Union and to the Treaty on the Functioning of
the enforcement of judgments in civil and commercial
the European Union, have conferred competences to the
matters of 16 September 1988 shall be recognised
and enforced in the Member States of the European
( 1 ) OJ L 131, 28.5.2009, p. 24.
Union in accordance with that Convention.".

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EN
12.1.2012 Official
Journal
of
the
European
Union
L
8/15
4. The
person
or
persons
designated
under
paragraph
1
of
this
Article
shall
make
the
reservation
contained in the IMO Guidelines when depositing the instrument of accession of the Union to the
Athens Protocol as regards Articles 10 and 11 thereof.
Article 3
The Union shall deposit its instrument of accession to the Athens Protocol as regards Articles 10 and 11
thereof by 31 December 2011.
Article 4
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.
Done at Brussels, 12 December 2011.
For the Council
The President
S. NOWAK

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L 8/16
EN
Official Journal of the European Union
12.1.2012
ANNEX
ARTICLES 10 AND 11 OF THE PROTOCOL OF 2002 TO THE ATHENS CONVENTION RELATING TO THE
CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974
Article 10
3. After the occurrence of the incident which has caused
the damage, the parties may agree that the claim for damages
Article 17 of the Convention is replaced by the following text:
shall be submitted to any jurisdiction or to arbitration.’.
‘Article 17
Article 11
Competent jurisdiction
The following text is added as Article 17bis of the Convention:
1. An action arising under Articles 3 and 4 of this
Convention shall, at the option of the claimant, be brought
‘Article 17bis
before one of the courts listed below, provided that the court
is located in a State Party to this Convention, and subject to
Recognition and enforcement
the domestic law of each State Party governing proper venue
1. Any
judgment
given
by
a
court
with
jurisdiction
in
within those States with multiple possible forums:
accordance with Article 17 which is enforceable in the
State of origin where it is no longer subject to ordinary
(a) the court of the State of permanent residence or principal
forms of review, shall be recognised in any State Party, except
place of business of the defendant, or
(a) where the judgment was obtained by fraud; or
(b) the court of the State of departure or that of the desti
nation according to the contract of carriage, or
(b) where the defendant was not given reasonable notice and
a fair opportunity to present the case.
(c) the court of the State of the domicile or permanent
residence of the claimant, if the defendant has a place
2. A
judgment
recognised
under
paragraph
1
shall
be
of business and is subject to jurisdiction in that State, or
enforceable in each State Party as soon as the formalities
required in that State have been complied with. The
(d) the court of the State where the contract of carriage was
formalities shall not permit the merits of the case to be re-
made, if the defendant has a place of business and is
opened.
subject to jurisdiction in that State.
3. A
State
Party
to
this
Protocol
may
apply
other
rules
for
2. Actions
under
Article
4bis
of
this
Convention
shall,
at
the recognition and enforcement of judgments, provided that
the option of the claimant, be brought before one of the
their effect is to ensure that judgments are recognised and
courts where action could be brought against the carrier or
enforced at least to the same extent as under paragraphs 1
performing carrier according to paragraph 1.
and 2.’.

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