Protocol of 2002 to the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea, 1974

General Detail

General Information

  1. Type: Convention
  2. Date of signature:
  3. Place of signature: London, United Kingdom
  4. Depositary:
  5. Date of entry into force: 23/04/2014

Category

Transport and telecommunications

Sub category

Maritime transport

Groups

IMO

What is it about?

The Protocol introduces compulsory insurance to cover passengers on ships and raises the limits of liability. The Protocol also introduces other mechanisms to assist passengers in obtaining compensation, based on well-accepted principles applied in existing liability and compensation regimes dealing with environmental pollution. These include replacing the fault-based liability system with a strict liability system for shipping related incidents, backed by the requirement that the carrier take out compulsory insurance to cover these potential claims. The limits contained in the Protocol set a maximum limit (now 250 000 SDR per passenger), empowering national courts to compensate for death, injury or damage up to these limits.

Why is it relevant?

It supersedes and effectively replaces the Athens Convention and its other earlier Protocols. States which ratify the 2002 Protocol are required to denounce the 1974 Convention and its 1976 and 1990 Protocols, if at the time they are party to the 1974 Convention and those Protocols.

Additional Information

The 1974 Convention consolidates and harmonizes the regime of liability for damage suffered by passengers carried on seagoing vessels. Liability was incurred where the incident occurred through the fault of the carrier. Three Protocols followed the convention, although the 2002 Protocol is considered the most important. It replaced the fault based liability system with a strict liability system. The 2002 Protocol also includes an "opt-out" clause, enabling State Parties to retain or introduce higher limits of liability (or unlimited liability) in the case of carriers who are subject to the jurisdiction of their courts.

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Country ratifications
CountryRatification date
Albania16/03/2005
Belgium23/04/2013
Belize22/08/2011
Bulgaria10/12/2013
Croatia25/09/2013
Denmark23/05/2012
Greece06/12/2013
Ireland07/08/2014
Latvia17/02/2005
Lithuania10/03/2015
Malta07/08/2013
Marshall Islands24/10/2014
Montenegro09/09/2015
Netherlands26/09/2012
Norway26/11/2013
Palau29/09/2011
Panama23/01/2014
Portugal01/09/2015
Romania21/10/2014
Saint Kitts and Nevis30/08/2005
Serbia25/05/2011
Slovakia13/04/2015
Spain11/06/2015
Sweden02/06/2015
Syrian Arab Republic10/03/2005
United Kingdom21/01/2014
Treaties analysis
YearRatifications
20054
20113
20123
20136
20145
20156
Total27
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