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II.2.285 CONVENTION ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS, 1980

The Ratification of Maritime Conventions

Chapter I.2.285

CONVENTION ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS, 19801

ADOPTED: Done in Rome, 19 June 1980
REFERENCE: OJEC 1980 L266/1
ENTERED INTO FORCE: 1 April 1991
DEPOSITARY: Council of the European Union
SECRETARY: Council of the European Union

IMPLEMENTATION

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL

Article XXVIII

1. This Convention shall be open from 19 June 1980 for signature by the States party to the Treaty establishing the European Economic Community.

2. This Convention shall be subject to ratification, acceptance or approval by the Signatory States. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the Council of the European Communities.

ENTRY INTO FORCE

Article XXIX

1. This Convention shall enter into force on the first day of the third month following the deposit of the seventh instrument of ratification, acceptance or approval.

2. This Convention shall enter into force for each signatory State ratifying, accepting or approving at a later date on the first day of the third month following the deposit of its instrument of ratification, acceptance or approval.

DENUNCIATION

Article XXX

1. This Convention shall remain in force for ten years from the date of its entry into force in accordance with Article XXIX(I), even for States for which it enters into force at a later date.

2. If there has been no denunciation it shall be renewed tacitly every five years.

3. A Contracting State which wishes to denounce shall, not less than six months before the expiration of the period of ten or five years, as the case may be, give notice to the Secretary-General of the Council of the European Communities. Denunciation may be limited to any territory to which the Convention has been extended by a declaration under Article XXVII (II).

4. The denunciation shall have effect only in relation to the State which has notified it. The Convention will remain in force as between all other Contracting States.

RESERVATIONS

Article XXII

1. Any Contracting State may, at the time of signature, ratification, acceptance or approval, reserve the right not to apply:

2. Any Contracting State may also, when notifying an extension of the Convention in accordance with Article XXVII(II), make one or more of these reservations, with its effect limited to all or some of the territories mentioned in the extension.

3. Any Contracting State may at any time withdraw a reservation which it has made; the reservation shall cease to have effect on the first day of the third calendar month after notification of the withdrawal.

REVISION

Article XXVI

Any Contracting State may request the revision of this Convention. In this event a revision Conference shall be convened by the President of the Council of the European Communities.

TERRITORIAL APPLICATION

Article XXVII

1. This Convention shall apply to the European territories of the Contracting States, including Greenland, and to the entire territory of the French Republic.

2. Notwithstanding paragraph 1:

  • (a) this Convention shall not apply to the Faroe Islands, unless the Kingdom of Denmark makes a declaration to the contrary;
  • (b) this Convention shall not apply to any European territory situated outside the United Kingdom for the international relations of which the United Kingdom is responsible, unless the United Kingdom makes a declaration to the contrary in respect of any such territory;
  • (c) this Convention shall apply to the Netherlands Antilles, if the Kingdom of the Netherlands makes a declaration to that effect.

3. Such declarations may be made at any time by notifying the Secretary-General of the Council of the European Communities.

4. Proceedings brought in the United Kingdom on appeal from courts in one of the territories referred to in paragraph II(b) shall be deemed to be proceedings taking place in those courts.

DECLARATIONS AND RESERVATIONS

Denmark

“Art. 27(2)(a) applies to the Faeroe Islands.”

Germany

“. . . ratification subject to a reservation in respect of art. 7(1). . .”

Ireland

“. . . ratification subject to a reservation in respect of art. 7(1). . .”

Italy

“. . . subject to a reservation in respect of art. 10(1)(e). . .”

Luxembourg

“. . . subject to a reservation in respect of art. 7(1). . . ”

The Netherlands

“Art. 27(2)(c) applies to Aruba and the Dutch Antilles.”

United Kingdom

“. . . subject to the reservation . . . article 7(1) and article 10(1)e thereof shall not apply. . .”

“Art. 27(2)(a) applies to Gibraltar.”

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