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II.5.200 (PAL PROT. 1976) PROTOCOL OF 1976 TO THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974

The Ratification of Maritime Conventions

Chapter I.5.200

PROTOCOL TO THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA, 1974

ADOPTED: Done at London, 19 November 1976
REFERENCE: PAL PROT 1976
ENTERED INTO FORCE: 30 April 1989
DEPOSITARY: IMO, London
SECRETARY: IMO, London

IMPLEMENTATION

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

Article III

1. The present Protocol shall be open for signature by any State which has signed the Convention or acceded thereto and by any State invited to attend the Conference to Revise the Unit of Account Provisions in the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, 1974, held in London from 17 to 19 November 1976. This Protocol shall be open for signature from 1 February 1977 to 31 December 1977 at the Headquarters of the Organization.

2. Subject to paragraph 4 of this article, the present Protocol shall be subject to ratification, acceptance or approval by the States which have signed it.

3. Subject to paragraph 4 of this article, this Protocol shall be open for accession by States which did not sign it.

4. The present Protocol may be ratified, accepted, approved or acceded to by States Parties to the Convention.

5. Ratification, acceptance, approval or accession shall be effected by the deposit of a formal instrument to that effect with the Secretary-General.

6. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the present Convention with respect to all existing Parties or after the completion of all measures required for the entry into force of the amendment with respect to all existing Parties shall be deemed to apply to the Protocol as modified by the amendment.

ENTRY INTO FORCE

Article IV

1. The present Protocol shall enter into force for the States which have ratified, accepted, approved or acceded to it on the ninetieth day following the date on which ten States have either signed it without reservation as to ratification, acceptance or approval or have deposited the requisite instruments of ratification, acceptance, approval or accession.

2. However, the present Protocol shall not enter into force before the Convention has entered into force.

3. For any State which subsequently signs this Protocol without reservation as to ratification, acceptance, approval or deposits its instrument of ratification, acceptance, approval or accession, the present Protocol shall come into force on the ninetieth day after the date of such signature or deposit.

DENUNCIATION

Article V

1. The present Protocol may be denounced by a Party at any time after the date on which the Protocol enters into force for that Party.

2. Denunciation shall be effected by the deposit of an instrument with the Secretary-General who shall inform all other Parties of the receipt of the instrument of denunciation and of the date of its deposit.

3. A denunciation shall take effect one year after the deposit of an instrument of denunciation, or after such longer period as may be specified in the instrument.

REVISION AND AMENDMENT

Article VI

1. A Conference for the purpose of revising or amending the present Protocol may be convened by the Organisation.

2. The Organisation shall convene a Conference of the Parties to the present Protocol for revising or amending it at the request of not less than one-third of the Parties.

DECLARATIONS, RESERVATIONS AND STATEMENTS

Argentina

The instrument of accession of the Argentine Republic contained the following reservation (in the Spanish language):

[translation] “The Argentine Republic rejects the extension of the application of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, adopted in Athens, Greece, on 13 December 1974, and of the Protocol to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, approved in London on 19 December 1976, to the Malvinas Islands as notified by the United Kingdom of Great Britain and Northern Ireland to the Secretary-General of the International Maritime Organization (IMO) in ratifying the said instrument on 31 January 1980 under the incorrect designation of “Falkland Islands”, and reaffirms its sovereign rights over the said Islands which form an integral part of its national territory.”

note: The depositary received the following communication dated 4 August 1987 from the United Kingdom Foreign and Commonwealth Office:

  • “The Government of the United Kingdom of Great Britain and Northern Ireland cannot accept the reservation made by the Argentine Republic as regards the Falkland Islands.
  • The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to the United Kingdom sovereignty over the Falkland Islands and, accordingly, their right to extend the application of the Convention to the Falkland Islands.”

NOTIFICATIONS. ARTICLE II(3) OF THE PROTOCOL

Switzerland

[translation] “The Federal Council declares, with reference to article IX, paragraphs 1 and 3 of the Convention introduced by article II of the Protocol of 19 November 1976, that Switzerland calculates the value of its national currency in special drawing rights (SDR) in the following way:

The Swiss National Bank (SNB) notifies the International Monetary Fund (IMF) daily of the mean rate of the dollar of the United States of America on the Zurich currency market. The exchange value of one SDR in Swiss francs is determined from that dollar rate and the rate of the SDR in dollars calculated by IMF. On the basis of these values, SNB calculates a mean SDR rate which it will publish in its Monthly Gazette.”

U.S.S.R.

[translation] “In accordance with the provisions of paragraph 3 of article IX of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 in the reading of article II of the Protocol of 1976 to the Convention, this is to notify that the value of the unit of “special drawing right” expressed in Soviet roubles, is calculated on the basis of the US dollar exchange rate employed at the moment of the calculation in relation to the unit of “special drawing right” established by the International Monetary Fund, and the US dollar exchange rate in relation to the Soviet rouble, employed at the same moment, established by the State Bank of the USSR.”

United Kingdom

“ . . . in accordance with article IX.3 of the Convention, as amended by article II(3) of the Protocol, the manner of calculation employed by the United Kingdom pursuant to article IX.1 of the Convention, as amended, shall be the method of valuation applied by the International Monetary Fund.”

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