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ADDITIONAL PROTOCOL No. 1 TO AMEND CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR, SIGNED AT WARSAW ON 12 OCTOBER 1929, SIGNED AT MONTREAL, ON 25 SEPTEMBER 1975
(ADDITIONAL PROTOCOL No. 1 TO THE WARSAW CONVENTION)
THE GOVERNMENTS UNDERSIGNED
CONSIDERING that it is desirable to amend the Convention for the
Unification of Certain Rules Relating to International Carriage by Air
signed at Warsaw on 12 October 1929
HAVE AGREED as follows:
CHAPTER I
AMENDMENTS TO THE CONVENTION
Article I
The Convention which the provisions of the present Chapter modify
is the Warsaw Convention, 1929.
Article II
Article 22 of the Convention shall be deleted and replaced by the
following:-
"Article 22
1. In the carriage of passengers the liability of the carrier for each
passenger is limited to the sum of 8 300 Special Drawing Rights. Where, in
accordance with the law of the court seised of the case, damages may be
awarded in the form of periodic payments, the equivalent capital value of
the said payments shall not exceed this limit. Nevertheless, by special
contract, the carrier and the passenger may agree to a higher limit of
liability.
2. In the carriage of registered baggage and of cargo, the liability of
the carrier is limited to a sum of 17 Special Drawing Rights per kilogramme,
unless the consignor has made, at the time when the package was handed over
to the carrier, a special declaration of interest in delivery at destination
and has paid a supplementary sum if the case so requires. In that case the
carrier will be liable to pay a sum not exceeding the declared sum, unless
he proves that that sum is greater than the consignor's actual interest in
delivery at destination.
3. As regards objects of which the passenger takes charge himself the
liability of the carrier is limited to 332 Special Drawing Rights per
passenger.
4. The sums mentioned in terms of the Special Drawing Right in 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 High Contracting Party which is a Member of the
International Monetary Fund, shall be calculated in accordance with the
method of valuation applied by the International Monetary Fund, in effect at
the date of the judgment, for its operations and transactions. The value of
a national currency, in terms of the Special Drawing Right, of a High
Contracting Party which is not a Member of the International Monetary Fund,
shall be calculated in a manner determined by that High Contracting Party.
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, 2 and 3 of Article 22 may, at the time of
ratification or accession or at any time thereafter, declare that the limit
of liability of the carrier in judicial proceedings in their territories is
fixed at a sum of 125 000 monetary units per passenger with respect to
paragraph 1 of Article 22; 250 monetary units per kilogramme with respect to
paragraph 2 of Article 22; and 5 000 monetary units per passenger with
respect to paragraph 3 of Article 22. This monetary unit corresponds to
sixty-five and a half milligrammes of gold of millesimal fineness nine
hundred. These sums may be converted into the national currency concerned in
round figures. The conversion of these sums into national currency shall be
made according to the law of the State concerned."
CHAPTER II
SCOPE OF APPLICATION OF
THE CONVENTION AS AMENDED
Article III
The Warsaw Convention as amended by this Protocol shall apply to
international carriage as defined in Article 1 of the Convention, provided
that the place of departure and destination referred to in that Article are
situated either in the territories of two Parties to this Protocol, or
within the territory of a single Party to this Protocol with an agreed
stopping place in the territory of another State.
CHAPTER III
FINAL CLAUSES
Article IV
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 Warsaw Convention as amended by Additional Protocol
No. 1 of Montreal, 1975.
Article V
Until the date on which this Protocol comes into force in accordance
with the provisions of Article VII, it shall remain open for signature by
any State.
Article VI
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 Warsaw 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
Government of the Polish People's Republic.
Article VII
1. As soon as thirty signatory States have deposited their instruments
of ratification of this Protocol, it shall come into force between them on
the ninetieth day after the deposit of the thirtieth instrument of
ratification. It shall come into force for each State ratifying thereafter
on the ninetieth day after the 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 Government of the Polish People's Republic.
Article VIII
1. This Protocol, after it has come into force, shall 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 Government of the Polish People's Republic and shall
take effect on the ninetieth day after the deposit.
Article IX
1. Any Party to this Protocol may denounce the Protocol by notification
addressed to the Government of the Polish People's Republic.
2. Denunciation shall take effect six months after the receipt by the
Government of the Polish People's Republic of the notification of
denunciation.
3. As between the Parties to this Protocol, denunciation by any of them
of the Convention in accordance with Article 39 thereof shall not be
construed in any way as a denunciation of the Convention as amended by this
Protocol.
Article X
No reservation may be made to this Protocol.
Article XI
The Government of the Polish People's Republic shall promptly inform
all States Parties to the Warsaw Convention or of that Convention as
amended, all signatory or acceding States to the present Protocol, as well
as the International Civil Aviation Organization, of the date of each
signature, the date of deposit of each instrument of ratification or
accession, the date of coming into force of this Protocol, and other
relevant information.
Article XII
As between the Parties to this Protocol which are also Parties to the
Convention, Supplementary to the Warsaw Convention, for the Unification of
Certain Rules Relating to International Carriage by Air Performed by a
Person Other than the Contracting Carrier, signed at Guadalajara on 18
September 1961 (hereinafter referred to as the "Guadalajara Convention") any
reference to the "Warsaw Convention" contained in the Guadalajara Convention
shall include reference to the Warsaw Convention as amended by Additional
Protocol No. 1 of Montreal, 1975, in cases where the carriage under the
agreement referred to in Article 1, paragraph (b) of the Guadalajara
Convention is governed by this Protocol.
Article XIII
This Protocol shall remain open for signature until 1 January 1976 at
the Headquarters of the International Civil Aviation Organization and
thereafter until it comes into force in accordance with Article VII at the
Ministry for Foreign Affairs of the Polish People's Republic. The
International Civil Aviation Organization shall promptly inform the
Government of the Polish People's Republic of any signature and the date
thereof during the time that the Protocol shall be open for signature at the
Headquarters of the International Civil Aviation Organization.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, having
been duly authorized, have signed this Protocol.
DONE at Montreal on the twenty-fifth day of the month of
September of the year One Thousand Nine Hundred and Seventy-five in
four authentic texts in the English, French, Russian and Spanish languages.
In the case of any inconsistency, the text in the French language, in which
language the Warsaw Convention of 12 October 1929 was drawn up, shall
prevail.