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The Governments
Undersigned Considering that it is
desirable to amend the Convention on Damage Caused by Foreign Aircraft to
Third Parties on the Surface signed at Have Agreed As
Follows: Chapter I - Amendments To The Convention Article I The Convention which the provisions of the
present Chapter modify is the Convention on Damage Caused by Foreign Aircraft
to Third Parties on the Surface signed at Article II In Article 2 of the Convention the following
shall be added as new paragraph 4:- "4.
If the aircraft is registered as the property of a State, the liability
devolves upon the person to whom, in accordance with the law of the State
concerned, the aircraft has been entrusted for operation." Article III Article 11 of
the Convention shall be deleted and replaced by the following:- "Article
11 1. Subject to the
provisions of Article 12, the liability for damage giving a right to compensation
under Article 1, for each aircraft and incident, in respect of all persons
liable under this Convention shall not exceed: (a) 300 000 Special
Drawing Rights for aircraft weighing 2 000 kilogrammes
or less; (b) 300 000 Special
Drawing Rights plus 175 Special Drawing Rights per kilogramme over 2 000 kilogrammes for aircraft weighing more than 2 000 but not
exceeding 6 000 kilogrammes; (c) 1 000 000 Special Drawing Rights plus 62.5 Special Drawing
Rights per kilogramme over 6 000 kilogrammes for
aircraft weighing more than 6 000 but not exceeding 30 000 kilogrammes; 2. The liability in
respect of loss of life or personal injury shall not exceed 125 000 Special
Drawing Rights per person killed or injured. 3. "Weight"
means the maximum weight of the aircraft authorized by the certificate of
airworthiness for take-off, excluding the effect of lifting gas when used. 4. The sums mentioned
in terms of the Special Drawing Right in paragraphs 1 and 2 of this Article
shall be deemed to refer to the Special Drawing Right as defined by the International
Monetary Fund. Conversion of the sums into national currencies shall, in case
of judicial proceedings, be made according to the value of such currencies in
terms of the Special Drawing Right at the date of the judgment. The value of
a national currency, in terms of the Special Drawing Right, of a Nevertheless, those States which are not
Members of the International Monetary Fund and whose law does not permit the
application of the provisions of paragraphs 1 and 2 of this Article and of
this paragraph may, at the time of ratification or accession or at any time
thereafter, declare that the limit of liability provided for in this
Convention shall, in judicial proceedings in their territories, be fixed as
follows: (a) 4 500 000 monetary
units for aircraft referred to in subparagraph (a) of paragraph 1 of this
Article; (b) 4 500 000 monetary
units plus 2 625 monetary units per kilogramme for aircraft referred to in
subparagraph (b) of paragraph 1 of this Article; (c) 15 000 000 monetary units plus 937.5 monetary units per kilogramme
for aircraft referred to in subparagraph (c) of paragraph 1 of this Article; (d) 37 500 000 monetary
units plus 975 monetary units per kilogramme for aircraft referred to in
subparagraph (d) of paragraph 1 of this Article; (e) 1 875 000 monetary
units in respect of loss of life or personal injury referred to in paragraph
2 of this Article. The monetary unit referred to in this paragraph
corresponds to sixty-five and a half milligrammes
of gold of millesimal fineness nine hundred. This
sum may be converted into the national currency concerned in round figures.
The conversion of this sum into the national currency shall be made according
to the law of the State concerned." Article IV Article 14 of the Convention shall be deleted
and replaced by the following:- "Article 14 If the total amount of the claims
established exceeds the limit of liability applicable under the provisions of
this Convention, the following rules shall apply, taking into account the
provisions of paragraph 2 of Article 11: (a) if the claims are
exclusively in respect of loss of life or personal injury or exclusively in
respect of damage to property, such claims shall be reduced in proportion to
their respective amounts; (b) if the claims are
both in respect of loss of life or personal injury and in respect of damage
to property, the total sum distributable shall be appropriated preferentially
to meet proportionately the claims in respect of loss of life and personal
injury. The remainder, if any, of the total sum distributable shall be
distributed proportionately among the claims in respect of damage to
property." Article V In the title of Chapter III the word
"security" shall be deleted and replaced by "guarantee". Article VI In Article 15 of the Convention (a) paragraph 1 shall
be deleted and replaced by the following:- "1. Any Contracting State may require
that the operator of an aircraft referred to in paragraph 1 of Article 23 shall
be covered by insurance or guaranteed by other security in respect of his
liability for damage sustained in its territory for which a right of
compensation exists under Article 1 up to the limits applicable according to
the provisions of Article 11. The operator shall provide evidence of such
guarantee if the State overflown so requests." (b) paragraphs 2, 3, 4,
5 and 6 shall be deleted; (c) paragraph 7 shall
be renumbered as paragraph 2 and shall read as follows:- "2. A Contracting State overflown may at any time require consultation with the
State of the aircraft's registry, with the State of the operator or with any
other (d) paragraph 8 shall
be renumbered as paragraph 3; (e) paragraph 9 shall
be deleted. Article VII In Article 16 of the Convention- (a) the word
"security" in paragraph 1 shall be deleted and replaced by
"guarantee"; (b) subparagraph (a) of
paragraph 1 shall be deleted and replaced by the following:- "(a) that the damage occurred after the
guarantee ceased to be effective. However, if the guarantee expires during a
flight, it should be continued in force until the next landing specified in
the flight plan, but no longer than twenty-four hours;" (c) subparagraph (b) of
paragraph 1 shall be deleted and replaced by the following:- "(b) that the damage occurred outside
the territorial limits provided by the guarantee, unless flight outside of
such limits was caused by force majeure, assistance
justified by the circumstances or an error in piloting, operation or
navigation." (d) paragraphs 2 and 3
shall be deleted; (e) paragraph 4 shall
be renumbered as paragraph 2 and the word "security" shall be
deleted and replaced by "guarantee"; (f) paragraph 5 shall
be renumbered as paragraph 3 and the words "governing the contract of
insurance or guarantee" shall be deleted and replaced by
"applicable to the guarantee"; in subparagraph (a) of that
paragraph the word "security" shall be deleted and replaced by
guarantee"; (g) paragraphs 6 and 7
shall be renumbered as paragraphs 4 and 5, respectively, and in the new
paragraph 4 the word "security" shall be replaced by
"guarantee". Article VIII In Article 17 of the Convention- (a) paragraph 1 shall
be deleted and replaced by the following:- "1.
If a guarantee is furnished in accordance with Article 15, it shall be
specifically and preferentially assigned to payment of claims under the
provisions of this Convention." (b) in paragraph 2 the
word "security" shall be deleted and replaced by
"guarantee"; (c) paragraph 3 shall
be deleted and replaced by the following:- "3.
As soon as notice of a claim has been given to the operator, he shall ensure
that the guarantee is maintained up to a sum equivalent to the aggregate of: (a) the amount of the guarantee
then required by paragraph 2 of this Article, and (b) the amount of the
claim not exceeding the applicable limit of liability. The above-mentioned sum shall be maintained
until every claim has been disposed of." Article IX In Article 19 of the Convention no amendment
has been made in the English text. Article X In Article 20 of the Convention- (a) in paragraph 4
delete the words "or of any territory, State or province thereof"
and replace by "or of any of its constituent subdivisions, such as
States, Republics, territories or provinces"; (b) in paragraph 9 the
subparagraphs shall be designated as (a), (b) and (c), respectively; (c) paragraph 11 shall
be deleted and replaced by the following:- "11.
Interest may be allowed on the judgment debt according to the law of the
Court seized of the case." (d) in paragraph 12
delete the word "five" and replace by "two". Article XI In Article 21 of the Convention no amendment
has been made in the English text. Article XII In Article 23 of the Convention paragraph 1
shall be deleted and replaced by the following:- "1.
This Convention applies to damage contemplated in Article 1 caused in the
territory of a Contracting State by an aircraft registered in another
Contracting State or by an aircraft, whatever its registration may be, the
operator of which has his principal place of business or, if he has no such
place of business, his permanent residence in another Contracting State." Article XIII Article 26 of the Convention shall be
deleted and replaced by the following:- "Article 26 This Convention shall not apply to damage
caused by aircraft used in military, customs and police services." Article XIV In the Convention after Article 26 insert Article
27 as follows:- "Article 27 This Convention shall not apply to nuclear
damage." Article XV Articles 27 and 28 of the Convention shall
be renumbered as Articles 28 and 29, respectively. Article XVI Article 29 of the Convention shall be deleted. Article XVII In Article 30 of the Convention the last two
paragraphs shall be deleted and replaced by the following:- "
- "Contracting State" means a State for which this Convention
is in force." "
- "State of the Operator" means any Contracting State other
than the State of registry on whose territory the operator has his principal
place of business or, if he has no such place of business, his permanent
residence." Article XVIII Articles 36 and 37 of the Convention shall
be deleted and in Article 38, which shall be renumbered as Article 36, the
words "or of any declaration of notification made under Articles 36 and
37" shall be deleted; Article 39 shall be renumbered as Article 37. Chapter II - Final Provisions Article XIX As between the Parties to this Protocol, the
Convention and the Protocol shall be read and interpreted together as one
single instrument and shall be known as the Rome Convention of 1952 as
Amended at Montreal in 1978. Article XX Until the date on which this Protocol comes
into force in accordance with Article XXII, it shall remain open for
signature by any State. Article XXI 1. This Protocol shall
be subject to ratification by the signatory States. 2. Ratification of
this Protocol by any State which is not a Party to the Convention shall have
the effect of accession to the Convention as amended by this Protocol. 3. The instruments of
ratification shall be deposited with the International Civil Aviation
Organization. Article XXII 1. As soon as five of
the signatory States have deposited their instruments of ratification of this
Protocol, it shall come into force between them on the ninetieth day after
the date of the deposit of the fifth instrument of ratification. It shall
come into force, for each State which deposits its instrument of ratification
after that date, on the ninetieth day after its deposit of its instrument of
ratification. 2. As soon as this
Protocol comes into force, it shall be registered with the United Nations by
the Secretary General of the International Civil Aviation Organization. Article XXIII 1. This Protocol
shall, after it has come into force, be open for accession by any
non-signatory State. 2. Accession to this Protocol
by any State which is not a Party to the Convention shall have the effect of
accession to the Convention as amended by this Protocol. 3. Accession shall be
effected by the deposit of an instrument of accession with the International
Civil Aviation Organization and shall take effect on the ninetieth day after
the deposit. Article XXIV 1. Any Party to this
Protocol may denounce the Protocol by notification addressed to the
International Civil Aviation Organization. 2. Denunciation shall
take effect six months after the date of receipt by the International Civil
Aviation Organization of the notification of denunciation; nevertheless, in
respect of damage contemplated in Article 1 of the Convention arising from an
incident which occurred before the expiration of the six months period, the
Convention shall continue to apply as if the denunciation had not been made. 3. As between the
Parties to this Protocol, denunciation by any of them of the Rome Convention
of 1952 in accordance with Article 35 thereof shall not be construed in any
way as a denunciation of the Rome Convention of 1952 as Amended at Montreal
in 1978. Article XXV No reservations may be made to this Protocol. Article XXVI 1. The Secretary
General of the International Civil Aviation Organization shall give notice to
all States Parties to the Rome Convention or to that Convention as amended by
this Protocol, all signatory and adhering States and to all States members of
the Organization or of the United Nations: (a) of the deposit of
any instrument of ratification of, or adherence to, this Protocol and the
date of, thereof, within thirty days from the date of the deposit, and (b) of the receipt of
any denunciation of this Protocol and the date thereof, within thirty days
from the date of the receipt. 2. The Secretary
General of the Organization shall also notify these States of the date on
which this Protocol comes into force in accordance with Article XXII. Article XXVII This Protocol shall remain open for signature
at the Headquarters of the International Civil Aviation Organization until it
comes into force in accordance with Article XXII. In Witness Whereof the undersigned
Plenipotentiaries, having been duly authorized, have signed this Protocol. Done at Montreal on the
twenty-third day of September of the year One Thousand Nine Hundred and
Seventy-eight in four authentic texts in the English, French, Russian and
Spanish languages. |
|
|
Montreal
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