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修正1974年海上旅客及其行李运输雅典公约的1990年议定书 PROTOCOL OF 1990 TO AMEND THE ATHENS CONVENTION RELATING TO THECARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974

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颁布日期:19900329  颁布单位:伦敦

  THE PARTIES TO THE PRESENT PROTOCOL,

  CONSIDERING that it is desirable to amend the Athens Conventionrelating to the Carriage of Passengers and their Luggage by Sea, done atAthens on 13 December 1974, to provide for enhanced compensation and toestablish a simplified procedure for updating the limitation amounts.

  HAVE AGREED as follows:Article I

  For the purpose of this Protocol:

  1. “Convention” means the Athens Convention relating to the Carriageof Passengers and their Luggage by Sea, 1974. For States Parties to theProtocol of 1976 to the Convention, such reference shall be deemed toinclude the Convention as amended by that Protocol.

  2. “Organization” means the International Maritime Organization.

  3. “Secretary-General” means the Secretary-General of theOrganization.Article II

  (1) Article 1, paragraph 10 of the Convention is replaced by thefollowing text:

  10 “Organization” means the International Maritime Organization.

  (2) Article 7, paragraph 1 of the Convention is replaced by thefollowing text:

  1 The liability of the carrier for the death of or personal injuryto a passenger shall in no case exceed 175,000 units of account percarriage. Where, in accordance with the law of the court seized of thecase, damages are awarded in the form of periodical income payments, theequivalent capital value of those payments shall not exceed the saidlimit.

  (3) Article 8 of the Convention is replaced by the following text:

  1. The liability of the carrier for the loss of or damage to cabinluggage shall in no case exceed 1,800 units of account per passenger, percarriage.

  2. The liability of the carrier for the loss of or damage tovehicles including all luggage carried in or on the vehicle shall in nocase exceed 10,000 units of account per vehicle, per carriage.

  3. The liability of the carrier for the loss of or damage toluggage other than that mentioned in paragraphs 1 and 2 of this Articleshall in no case exceed 2,700 units of account per passenger, percarriage.

  4. The carrier and the passenger may agree that the liability ofthe carrier shall be subject to a deductible not exceeding 300 units ofaccount in the case of damage to a vehicle and not exceeding 135 units ofaccount per passenger in the case of loss of or damage to other luggage,such sum to be deducted from the loss or damage.

  (4) Article 9 of the Convention and its title are replaced by thefollowing:

  Unit of account and conversion

  1. The unit of account mentioned in this Convention is the SpecialDrawing Right as defined by the International Monetary Fund. The amountsmentioned in Article 7, paragraph 1, and Article 8 shall be converted intothe national currency of the State of the court seized of the case on thebasis of the value of that currency by reference to the Special DrawingRight on the date of the judgment or the date agreed upon by the parties.The value of the national currency, in terms of the Special DrawingRight, of a State Party which is a member of the International MonetaryFund, shall be calculated in accordance with the method of valuationapplied by the International Monetary Fund in effect on the date inquestion for its operations and transactions. The value of the nationalcurrency, in terms of the Special Drawing Right, of a State Party which isnot a member of the International Monetary Fund, shall be calculated in amanner determined by that State Party.

  2. Nevertheless, a State which is not a member of the InternationalMonetary Fund and whose law does not permit the application of theprovisions of paragraph 1 of this Article may, at the time ofratification, acceptance, approval of or accession to this Convention orat any time thereafter, declare that the unit of account referred to inparagraph 1 shall be equal to 15 gold francs. The gold franc referred toin this paragraph corresponds to sixty five and a half milligrams of goldof millesimal fineness nine hundred. The conversion of the gold franc intothe national currency shall be made according to the law of the Stateconcerned.

  3. The calculation mentioned in the last sentence of paragraph 1, andthe conversion mentioned in paragraph 2 shall be made in such a manner asto express in the national currency of the States Parties, as far aspossible, the same real value for the amounts in Article 7, paragraph 1,and Article 8 as would result from the application of the first threesentences of paragraph 1. States shall communicate to theSecretary-General the manner of calculation pursuant to paragraph 1, orthe result of the conversion in paragraph 2, as the case may be, whendepositing an instrument of ratification, acceptance, approval of oraccession to this Convention and whenever there is a change in either.Article III

  1. The Convention and this Protocol shall, as between the Parties tothis Protocol, be read and interpreted together as one single instrument.

  2. A State which is a Party to this Protocol but not a Party to theConvention shall be bound by the provisions of the Convention as amendedby this Protocol in relation to other States Parties hereto, but shall notbe bound by the provisions of the Convention in relation to States Partiesonly to the Convention.

  3. Nothing in this Protocol shall affect the obligations of a Statewhich is a Party both to the Convention and to this Protocol with respectto a State which is a Party to the Convention but not a Party to thisProtocol. FINAL CLAUSESArticle IV

  Signature, ratification, acceptance, approval and accession.

  1. This Protocol shall be open for signature at the Headquarters ofthe Organization from 1 June 1990 to 31 May 1991 by all States.

  2. Any state may express its consent to be bound by this Protocol by:

  (a) signature without reservation as to ratification, acceptanceor approval;

  (b) signature subject to ratification, acceptance or approvalfollowed by ratification, acceptance or approval; or

  (c) accession.

  3. Ratification, acceptance, approval or accession shall be effectedby the deposit of an instrument to that effect with the Secretary-General.

  4. Any instrument of ratification, acceptance, approval or accessiondeposited after the entry into force of an amendment to the Convention asamended by this Protocol shall be deemed to apply to the Convention soamended, as modified by such amendment.Article V Entry into force

  1. This Protocol shall enter into force 90 days following the date onwhich 10 States have expressed their consent to be bound by it.

  2. For any State which expresses its consent to be bound by thisProtocol after the conditions in paragraph 1 for entry into force havebeen met, this Protocol shall enter into force 90 days following the dateof expression of such consent.Article VI Denunciation

  1. This Protocol may be denounced by any State Party at any time afterthe date on which it enters into force for that State Party.

  2. Denunciation shall be effected by the deposit of an instrument ofdenunciation with the Secretary-General.

  3. A denunciation shall take effect 12 months, or such longer periodas may be specified in the instrument of denunciation, after its depositwith the Secretary-General.

  4. As between the States Parties to this Protocol, denunciation by anyof them of the Convention in accordance with Article 25 thereof shall notbe construed in any way as a denunciation of the Convention as amended bythis Protocol.Article VII Revision and amendment

  1. A conference for the purpose of revising or amending this Protocolmay be convened by the Organization.

  2. The Organization shall convene a conference of Contracting Statesto this Protocol for revising or amending it at the request of not lessthan one third of the Contracting States.Article VIII Amendment of limits

  1. Upon the request of at least one half, but in no case less thansix, of the States Parties to this Protocol, any proposal to amend thelimits, including the deductibles, specified in Article 7, paragraph 1,and Article 8 of the Convention as amended by this Protocol shall becirculated by the Secretary-General to all Members of the Organization andto all Contracting States.

  2. Any amendment proposed and circulated as above shall be submittedto the Legal Committee of the Organization (hereinafter referred to as“the Legal Committee”) for consideration at a date at least six monthsafter the date of its circulation.

  3. All Contracting States to the Convention as amended by thisProtocol, whether or not Members of the Organization, shall be entitled toparticipate in the proceedings of the Legal Committee for theconsideration and adoption of amendments.

  4. Amendments shall be adopted by a two-thirds majority of theContracting States to the Convention as amended by this Protocol presentand voting in the Legal Committee expanded as provided for in paragraph 3,on condition that at least one half of the Contracting States to theConvention as amended by this Protocol shall be present at the time ofvoting.

  5. When acting on a proposal to amend the limits, the Legal Committeeshall take into account the experience of incidents and, in particular,the amount of damage resulting therefrom, changes in the monetary valuesand the effect of the proposed amendment on the cost of insurance.

  6. (a) No amendment of the limits under this Article may be consideredless than five years from the date on which this Protocol was opened forsignature nor less than five years from the date of entry into force of aprevious amendment under this Article.

  (b) No limit may be increased so as to exceed an amount whichcorresponds to the limit laid down in the Convention as amended by thisProtocol increased by six per cent per year calculated on a compound basisfrom the date on which this Protocol was opened for signature.

  (c) No limit may be increased so as to exceed an amount whichcorresponds to the limit laid down in the Convention as amended by thisProtocol multiplied by three.

  7. Any amendment adopted in accordance with paragraph 4 shall benotified by the Organization to all Contracting States. The amendmentshall be deemed to have been accepted at the end of a period of eighteenmonths after the date of notification, unless within that period not lessthan one fourth of the States that were Contracting States at the time ofthe adoption of the amendment have communicated to the Secretary-Generalthat they do not accept the amendment, in which case the amendment isrejected and shall have no effect.

  8. An amendment deemed to have been accepted in accordance withparagraph 7 shall enter into force eighteen months after its acceptance.

  9. All Contracting States shall be bound by the amendment, unless theydenounce this Protocol in accordance with paragraphs 1 and 2 of Article VIat least six months before the amendment enters into force. Suchdenunciation shall take effect when the amendment enters into force.

  10. When an amendment has been adopted but the eighteen-month periodfor its acceptance has not yet expired, a State which becomes aContracting State during that period shall be bound by the amendment if itenters into force. A State which becomes a Contracting State after thatperiod shall be bound by an amendment which has been accepted inaccordance with paragraph 7. In the cases referred to in this paragraph, aState becomes bound by an amendment when that amendment enters into force,or when this Protocol enters into force for that State, if later.Article IX Depositary

  1. This Protocol and any amendments accepted under Article VIII shallbe deposited with the Secretary-General.

  2. The Secretary-General shall:

  (a) inform all States which have signed or acceded to thisProtocol of:

  (i) each new signature or deposit of an instrument togetherwith the date thereof;

  (ii) each declaration and communication under Article 9,paragraphs 2 and 3, of the Convention as amended by this Protocol;

  (iii) the date of entry into force of this Protocol;

  (iv) any proposal to amend limits which has been made inaccordance with Article VIII, paragraph 1;

  (v) any amendment which has been adopted in accordance withArticle VIII, paragraph 4;

  (vi) any amendment deemed to have been accepted under ArticleVIII, paragraph 7, together with the date on which that amendment shallenter into force in accordance with paragraphs 8 and 9 of that Article;

  (vii) the deposit of any instrument of denunciation of thisProtocol together with the date of the deposit and the date on which ittakes effect;

  (b) transmit certified true copies of this Protocol to allSignatory States and to all States which accede to this Protocol.

  3. As soon as this Protocol enters into force, the text shall betransmitted by the Secretary-General to the Secretariat of the UnitedNations for registration and publication in accordance with Article 102 ofthe Charter of the United Nations.Article X Languages

  This Protocol is established in a single original in the Arabic,Chinese, English, French, Russian and Spanish languages, each text beingequally authentic.

  DONE AT LONDON this twenty-ninth day of March, one thousand ninehundred and ninety.

  IN WITHESS WHEREOF the undersigned, being duly authorized by theirrespective Governments for that purpose, have signed this Protocol.

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