Статус Конвенции для унификации некоторых правил международных воздушных перевозок (Монреаль, 28 мая 1999 года) [рус., англ.]

[неофициальный перевод]

СТАТУС КОНВЕНЦИИ ДЛЯ УНИФИКАЦИИ НЕКОТОРЫХ ПРАВИЛ МЕЖДУНАРОДНЫХ ВОЗДУШНЫХ ПЕРЕВОЗОК (МОНРЕАЛЬ, 28 МАЯ 1999 ГОДА)

(по состоянию на 31 января 2025 года)

Вступление в силу: 04.11.2003 <*>

Done at Montreal on 28 May 1999

Entry into force: The Convention entered into force on 4 November 2003 <*>.

• 26 SDRs per kilogramme in the case of destruction, loss, damage or delay in relation to the carriage of cargo (Article 22, paragraph 3)
• 1 519 SDRs for each passenger in case of destruction, loss, damage or delay with respect to baggage (Article 22, paragraph 2)
• 6 303 SDRs for each passenger in relation to damage caused by delay in the carriage of persons (Article 22, paragraph 1)
• 151 880 SDRs for each passenger for damage sustained in case of death or bodily injury of a passenger (for the first tier) (Article 21, paragraph 1)

<1> Upon signature of the Convention, this State, Member State of the European Community, declared that, «in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention».

<2> On 3 October 2000, ICAO received from Luxembourg the following declaration: «The Grand Duchy of Luxembourg, Member State of the European Community, declares that in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention».

<3> Upon deposit of its instrument of ratification, Czechia notified ICAO that «as a Member of the International Monetary Fund, [the Czech Republic] shall proceed in accordance with Article 23, paragraph 1 of the Convention».

<4> By a Note dated 13 July 2000, Finland transmitted a declaration dated 7 July 2000 signed by the Minister for Foreign Trade, setting forth the wording quoted in note <1> above.

<5> Upon deposit of its instrument of accession (deemed to be an instrument of ratification), New Zealand declared «that this accession shall extend to Tokelau».

<6> At the time of ratification, Canada made the following declaration: «Canada declares, in accordance with Article 57 of the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 and signed by Canada on 1 October 2001, that the Convention does not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by Canada, the whole capacity of which has been reserved by or on behalf of such authorities [Article 57(b)].»

<7> The instrument of ratification of the United States contains the following declaration:

«Pursuant to Article 57 of the Convention, the United States of America declares that the Convention shall not apply to international carriage by air performed and operated directly by the United States of America for non-commercial purposes in respect to the functions and duties of the United States of America as a sovereign State.»

<8> By a Note dated 24 October 2003 signed by the Minister for Foreign Affairs, Japan informed ICAO «that, in accordance with Article 57(a) of the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999, the Government of Japan declares that this Convention shall not apply to international carriage by air performed and operated directly by the Government of Japan for non-commercial purposes in respect to its functions and duties as a sovereign State.»

<9> On 9 February 2010, the Council of the European Union deposited with ICAO a note verbale referring to the entry into force, on 1 December 2009, of the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, and stating: «As a consequence, as from 1 December 2009, the European Union has replaced and succeeded the European Community... and has exercised all rights and assumed all obligations of the European Community whilst continuing to exercise existing rights and assume obligations of the European Union.»

The instrument of approval by the European Community deposited on 29 April 2004 contains the following declaration: «Declaration concerning the competence of the European Community with regard to matters governed by the Convention of 28 May 1999 for the unification of certain rules for international carriage by air (the Montreal Convention):»

1. The Montreal Convention provides that Regional Economic Integration Organisations constituted by sovereign States of a given region, which have competence in respect of certain matters governed by this Convention, may become parties to it.

2. The current Member States of the European Community are the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.

3. This declaration is not applicable to the territories of the Member States in which the Treaty establishing the European Community does not apply and is without prejudice to such acts or positions as may be adopted under the Convention by the Member States concerned on behalf of and in the interests of those territories.

4. In respect of matters covered by the Convention, the Member States of the European Community have transferred competence to the Community for liability for damage sustained in case of death or injury of passenger. The Member States have also transferred competence for liability for damage caused by delay and in the case of destruction, loss, damage or delay in the carriage of baggage. This includes requirements on passenger information and a minimum insurance requirement. Hence, in this field, it is for the Community to adopt the relevant rules and regulations (which the Member States enforce) and within its competence to enter into external undertakings with third States or competent organisations <*>.

<*> Sources:

1. Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents, Official Journal of the European Union, L 285, 17.10.1997, p. 1;

2. Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents, Official Journal of the European Union, L 140, 30.05.2002, p. 2.»

5. The exercise of competence which the Member States have transferred to the Community pursuant to the EC Treaty is, by its nature, liable to continuous development. In the framework of the Treaty, the competent institutions may take decisions which determine the extent of the competence of the European Community. The European Community therefore reserves the right to amend the present declaration accordingly, without this constituting a prerequisite for the exercise of its competence with regard to matters governed by the Montreal Convention.

<10> The instrument of accession by Austria contains the following declaration:

«The Republic of Austria declares according to Article 57 of the Convention for the Unification of Certain Rules for International Carriage by Air of 28 May 1999 that this Convention shall not apply to:»

a) international carriage by air performed and operated directly by the Republic of Austria for non-commercial purposes in respect to its functions and duties as a sovereign State;

b) the carriage of persons, cargo and baggage for the military authorities on aircraft registered in or leased by the Republic of Austria, the whole capacity of which has been reserved on behalf of such authorities.»

<11> The instrument of ratification by Denmark contains a declaration that until later decision, the Convention will not be applied to the Faroe Islands.

<12> The instrument of ratification by Germany was accompanied by the following declaration:

«In accordance with Article 57 of the Convention of for the Unification of Certain Rules for International Carriage by Air of 28 May 1999, the Federal Republic of Germany declares that the Convention shall not apply to international carriage by air performed and operated directly by the Federal Republic of Germany for non-commercial purposes in respect to its functions and duties as a sovereign State or to the carriage of persons, cargo and baggage for the military authorities of the Federal Republic of Germany on aircraft registered in or leased by the Federal Republic of Germany, the whole capacity of which has been reserved by or on behalf of such authorities.»

<13> The instrument of ratification by Spain contains the following declarations:

«The Kingdom of Spain, Member State of the European Community, declares that in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention.»

«In accordance with the provisions of Article 57, the Convention shall not apply to:»

a) international carriage by air performed and operated directly by Spain for non-commercial purposes in respect to its functions and duties as a sovereign State;

b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by Spain, the whole capacity of which has been reserved by or on behalf of such authorities.»

<14> The instrument of ratification by the Kingdom of the Netherlands states that the ratification is for the Kingdom in Europe.

By a Note dated 29 April 2004 from the Ministry of Foreign Affairs, the Netherlands transmitted to ICAO the following declaration: «The Kingdom of the Netherlands, Member State of the European Community, declares that in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention».

By Notes dated 22 April and 8 September 2016, the Kingdom of the Netherlands extended the Convention to the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), with effect from 1 October 2016.

<15> By a Note dated 15 July 2004 from the Minister of Foreign Affairs, Belgium transmitted to ICAO the following declaration in accordance with Article 57:

«the Convention does not apply to:»

a) international carriage by air performed and operated directly by Belgium for non-commercial purposes in respect to its functions and duties as a sovereign State;

b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by Belgium, the whole capacity of which has been reserved by or on behalf of such authorities.»

<16> In its instrument of accession, Qatar confirmed the application of the following declaration in accordance with Article 57:

«the Convention does not apply to:»

a) international carriage by air performed and operated directly by that State Party for non-commercial purposes in respect to its functions and duties as a sovereign State, and/or

b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by that State Party, the whole capacity of which has been reserved by or on behalf of such authorities.»

«The Convention does not apply in the Hong Kong Special Administrative Region of the People's Republic of China until notified otherwise by the Government of the People's Republic of China.»

(B) In addition, the Representative of China on the Council of ICAO made the following declaration at the time of deposit of the instrument of ratification:

«The Convention applies in the Macao Special Administrative Region of the People's Republic of China.»

(C) By a letter dated 20 October 2006, the Representative of China on the Council of ICAO made the following statement on behalf of the Government of the People's Republic of China (PRC):

«Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the PRC provides that the application to the Hong Kong Special Administrative Region of the PRC of international agreements to which the PRC is or becomes a party shall be decided by the Central People's Government in accordance with the circumstances and needs of the Region and after seeking the views of the Government of the Region.»

In consultation with the Government of the Hong Kong Special Administrative Region, the Government of the PRC has decided to apply the Convention in the Hong Kong Special Administrative Region of the PRC from the date of December 15, 2006.»

<19> The instrument of accession by Singapore contains the following declaration in accordance with Article 57: «the Convention shall not apply to:»

a) international carriage by air performed and operated directly by the Republic of Singapore for non-commercial purposes in respect to its functions and duties as a sovereign State; and

b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by the Republic of Singapore, the whole capacity of which has been reserved by or on behalf of such authorities.»

<20> The instrument of accession by Malaysia is accompanied by the following declaration:

«Malaysia, in accordance with Article 57 (b) of the Montreal Convention, declares that the Convention shall not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by Malaysia, the whole capacity of which has been reserved by or on behalf of such authorities.»

<21> The instrument of ratification by Chile contains the following reservation in accordance with Article 57 (b): «The Republic of Chile declares that the Convention shall not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by that State Party, the whole capacity of which has been reserved by or on behalf of such authorities.»

<22> The instrument of accession by Argentina contains the following «interpretative declaration»: «For the Argentine Republic, the term „bodily injury“ in Article 17 of this treaty includes mental injury related to bodily injury, or any other mental injury which affects the passenger's health in such a serious and harmful way that his or her ability to perform everyday tasks is significantly impaired.»

<23> The instrument of accession by Montenegro contains the following reservation in accordance with Article 57: «this Convention shall not apply to:»

a) international carriage by air performed and operated directly by Montenegro for non-commercial purposes in respect to its functions and duties as a sovereign State;

b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by Montenegro, the whole capacity of which has been reserved by or on behalf of such authorities.»

<24> The instrument of accession by Israel contains the following declaration in accordance with Article 57:

«The Convention shall not apply to:»

a) international carriage by air performed and operated directly by the State of Israel for non-commercial purposes in respect to its functions and duties as a sovereign State; and/or

b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by the State of Israel, the whole capacity of which has been reserved by or on behalf of such authorities.»

<25> The instrument of ratification by Türkiye contains the following reservation in accordance with Article 57: «The said Convention shall not apply to international carriage by air performed and operated directly by the Republic of Türkiye for non-commercial purposes in respect to its functions and duties as a Sovereign State and to the carriage of persons, cargo and baggage for Turkish military authorities on aircraft registered in or leased by the Republic of Türkiye , the whole capacity of which has been reserved by or on behalf of such authorities.»

<26> The instrument of ratification by Azerbaijan, deemed to be an instrument of accession, contains the following declaration:

«The Republic of Azerbaijan, in accordance with Article 57 of the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on May 28, 1999, declares that the provisions of the Convention shall not apply to:»

a) international carriage by air performed and operated directly by the Republic of Azerbaijan for non-commercial purposes in respect to its functions and duties as a sovereign State; and

b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by the Republic of Azerbaijan, the whole capacity of which has been reserved by or on behalf of such authorities.»

<27> The instrument of accession by the Philippines contains the following declaration in accordance with Article 57: «the Convention shall not apply to:»

a) international carriage by air performed and operated directly by the Philippines for non-commercial purposes in respect of its functions and duties as a sovereign State; and

b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by the Philippines, the whole capacity of which has been reserved by or on behalf of such authorities.»

<28> By a Note dated 25 April 2016 (received by ICAO on 7 June 2016) from the Ministry of Foreign Affairs, Guatemala transmitted to ICAO the following declaration: «The Republic of Guatemala states that the Convention for the Unification of Certain Rules for International Carriage by Air, done in Montreal on 28 May 1999, shall not apply to international air transport operations conducted directly by the State of Guatemala for non-commercial purposes relating to its functions and obligations as a sovereign State, nor to the carriage of persons, cargo or equipment for its military command on aircraft registered in or leased by the State of Guatemala, the full capacity of which has been reserved by or on behalf of said military command.»

By a Note dated 25 April 2016 (received by ICAO on 7 June 2016) from the Ministry of Foreign Affairs, Guatemala notified ICAO that «to calculate the value of its national currency in Special Drawing Rights, the Republic of Guatemala, as a member of the International Monetary Fund, shall adhere to the provisions set forth in the third sentence of Article 23(1) of the Convention.»

<29> The instrument of ratification by the Togolese Republic contains the following declaration in accordance with Article 57:

«the Convention shall not apply to:»

a) international carriage by air performed and operated directly by Togo for non-commercial purposes in respect to its functions and duties as a sovereign State; and

b) the carriage of persons, cargo and baggage for the Togolese military authorities on aircraft registered in Togo or leased by Togo, the whole capacity of which has been reserved by or on behalf of such authorities.»

<30> The instrument of accession by the Russian Federation contains the following declaration in accordance with Article 57: «The Russian Federation declares, pursuant to Article 57 of the Convention, that it retains the right not to apply the provisions of the Convention with respect to:»

a) international carriage by air performed and operated directly by the Russian Federation for non-commercial purposes in respect to its functions and duties as a sovereign State;

b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by the Russian Federation, the whole capacity of which has been reserved by or on behalf of such authorities.»

<31> The instrument of accession by Thailand contains the following declaration in accordance with Article 57:

«the Convention shall not apply to:»

a) international carriage by air performed and operated directly by the Kingdom of Thailand for non-commercial purposes in respect to its functions and duties as a sovereign State; and

b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by the Kingdom of Thailand, the whole capacity of which has been reserved by or on behalf of such authorities.»

<32> The instrument of accession by Viet Nam contains the following declaration in accordance with Article 57: «the Convention shall not apply to:»

a. international carriage by air performed and operated directly by the Socialist Republic of Viet Nam for non-commercial purposes in respect to its functions and duties as a sovereign State; and/or

b. the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by the Socialist Republic of Viet Nam, the whole capacity of which has been reserved by or on behalf of such authorities.»

<33> The instrument of accession by Nepal contains the following declaration in accordance with Article 57: «the Convention shall not apply to:»

a) International carriage by air performed and operated directly by the Government of Nepal for non-commercial purposes in respect to its functions and duties as a sovereign State; and/or

b) The carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by the Government of Nepal, the whole capacity of which has been reserved by or on behalf of such authorities.»

<34> At the time of accession, Sri Lanka declared that the terms of the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 «have been examined and found to be acceptable to the Government of the Democratic Socialist Republic of Sri Lanka subject to reservations declared below as per Article 57 of the Convention:»

(a) international carriage by air performed and operated directly by that State Party for non-commercial purposes in respect to its functions and duties as a sovereign State; and/or

(b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by that State Party, the whole capacity of which has been reserved by or on behalf of such authorities.»

<35> On 31 January 2020, the Delegation of the European Union to Canada forwarded a Note Verbale to the Organization concerning the Agreement on the withdrawal of the United Kingdom from the European Union and the European Atomic Energy Community. In the said Note, it requested the Organization to bring the Annex attached thereto «to the attention of the other parties or participants» to «all conventions/agreements/arrangements to which the European Union or the European Atomic Energy Community is a signatory, party or participant, and for which [the] Organization is the depositary or Secretariat». The text of the Annex to the said Note Verbale is reproduced below:

«Annex to the Note Verbale on the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community»

1. On 29 March 2017, the Government of the United Kingdom of Great Britain and Northern Ireland (the «United Kingdom») notified the European Council of the United Kingdom's intention to withdraw from the European Union («Union») and the European Atomic Energy Community («Euratom») in accordance with Article 50 of the Treaty on European Union. On 22 March 2019, the European Council decided in agreement with the United Kingdom to extend the period provided for in Article 50(3) of the Treaty on European Union until 12 April 2019. On 10 April 2019, the European Council decided in agreement with the United Kingdom to extend the period provided for in Article 50(3) of the Treaty on European Unon until 31 October 2019. On 29 October 2019, the European Council decided in agreement with the United Kingdom to extend the period provided for in Article 50(3) of the Treaty on European Union until 31 January 2020. The United Kingdom will therefore cease to be a Member State of the European Union and of Euratom on 1 February 2020.

2. On 24 January 2020, the Union and Euratom, and the United Kingdom, in accordance with Article 50, paragraph 2, of the Treaty on European Union, signed an Agreement setting out the arrangements for the withdrawal of the United Kingdom from the Union and Euratom («Withdrawal Agreement») <3>. The Withdrawal Agreement will enter into force on 1 February 2020, subject to its prior ratification by the United Kingdom and conclusion by the Union and Euratom.

[<3> The text of the Withdrawal Agreement can be consulted in the Official Journal of the European Union of 12 November 2019, C 384 I, p. 1.]

3. In order to address the specific situation of the withdrawal of the United Kingdom from the Union and Euratom, the Withdrawal Agreement provides for a time-limited transition period during which, save certain very limited exceptions, Union law shall be applicable to and in the United Kingdom and that any reference to Member States in Union law, including as implemented and applied by Member States, shall be understood as including the United Kingdom.

4. The Union and Euratom, and the United Kingdom have agreed that Union law within the meaning of the Withdrawal Agreement encompasses international agreements concluded by the Union (or Euratom), or by Convention for the Unification of Member States acting on behalf of the Union (or Euratom), or by the Union (or Euratom) and its Member States jointly.

5. Subject to timely ratification and conclusion of the Withdrawal Agreement, the Union and Euratom notify parties to the international agreements referred to in point 4 above that, during the transition period, the United Kingdom is treated as a Member State of the Union and of Euratom for the purposes of these international agreements.

6. It is understood that the principles set out in this Annex also extend to international instruments and arrangements without legally binding force entered into by the Union or Euratom and to international agreements referred to in point 4 above which are provisionally applied.

7. The provisions relating to the transition period are laid down in Part Four (Articles 126 to 132) of the Withdrawal Agreement, to be read in conjunction with the other relevant provisions of the Withdrawal Agreement, in particular its Part One.

8. The transition period starts on 1 February 2020 and ends on 31 December 2020, but the Withdrawal Agreement foresees the possibility of adopting a single decision extending the transition period for up to 24 months. In the event of an extension, the Union and Euratom will communicate this by a further Note Verbale.

9. At the end of the transition period, the United Kingdom will no longer be covered by the international agreements referred to in points 4 and 6 above. This is without prejudice to the status of the United Kingdom in relation to multilateral agreements to which it is a party in its own right.»

<36> The instrument of accession by Brunei Darussalam contains the following declaration:

«In accordance with Article 57, the Convention shall not apply to:»

a) international carriage by air performed and operated directly by the Government of Brunei Darussalam for non-commercial purposes in respect to its functions and duties as a sovereign State; and

b) the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by the Government of Brunei Darussalam, the whole capacity of which has been reserved by or on behalf of such authorities.»

<37> Date of entry into force corrected on 19 July 2023, from 25 to 24 August 2013.