修正1974年海上旅客及其行李运输雅典公约的1990年议定书(1)

颁布日期：19900329 　颁布单位：伦敦

THE PARTIES TO THE PRESENT PROTOCOL，

CONSIDERING that it is desirable to amend the Athens Conventionrelating to the Carriage of Passengers and their Luggage by Sea， done atAthens on 13 December 1974， to provide for enhanced compensation and toestablish a simplified procedure for updating the limitation amounts.

HAVE AGREED as follows：Article I

For the purpose of this Protocol：

1. “Convention” means the Athens Convention relating to the Carriageof Passengers and their Luggage by Sea， 1974. For States Parties to theProtocol of 1976 to the Convention， such reference shall be deemed toinclude the Convention as amended by that Protocol.

2. “Organization” means the International Maritime Organization.

3. “Secretary-General” means the Secretary-General of theOrganization.Article II

（1） Article 1， paragraph 10 of the Convention is replaced by thefollowing text：

10 “Organization” means the International Maritime Organization.

（2） Article 7， paragraph 1 of the Convention is replaced by thefollowing text：

1 The liability of the carrier for the death of or personal injuryto a passenger shall in no case exceed 175，000 units of account percarriage. Where， in accordance with the law of the court seized of thecase， damages are awarded in the form of periodical income payments， theequivalent capital value of those payments shall not exceed the saidlimit.

（3） Article 8 of the Convention is replaced by the following text：

1. The liability of the carrier for the loss of or damage to cabinluggage shall in no case exceed 1，800 units of account per passenger， percarriage.

2. The liability of the carrier for the loss of or damage tovehicles including all luggage carried in or on the vehicle shall in nocase exceed 10，000 units of account per vehicle， per carriage.

3. The liability of the carrier for the loss of or damage toluggage other than that mentioned in paragraphs 1 and 2 of this Articleshall in no case exceed 2，700 units of account per passenger， percarriage.

4. The carrier and the passenger may agree that the liability ofthe carrier shall be subject to a deductible not exceeding 300 units ofaccount in the case of damage to a vehicle and not exceeding 135 units ofaccount per passenger in the case of loss of or damage to other luggage，such sum to be deducted from the loss or damage.

（4） Article 9 of the Convention and its title are replaced by thefollowing：

Unit of account and conversion

1. The unit of account mentioned in this Convention is the SpecialDrawing Right as defined by the International Monetary Fund. The amountsmentioned in Article 7， paragraph 1， and Article 8 shall be converted intothe national currency of the State of the court seized of the case on thebasis of the value of that currency by reference to the Special DrawingRight on the date of the judgment or the date agreed upon by the parties.The value of the national currency， in terms of the Special DrawingRight， of a State Party which is a member of the International MonetaryFund， shall be calculated in accordance with the method of valuationapplied by the International Monetary Fund in effect on the date inquestion for its operations and transactions. The value of the nationalcurrency， in terms of the Special Drawing Right， of a State Party which isnot a member of the International Monetary Fund， shall be calculated in amanner determined by that State Party.

2. Nevertheless， a State which is not a member of the InternationalMonetary Fund and whose law does not permit the application of theprovisions of paragraph 1 of this Article may， at the time ofratification， acceptance， approval of or accession to this Convention orat any time thereafter， declare that the unit of account referred to inparagraph 1 shall be equal to 15 gold francs. The gold franc referred toin this paragraph corresponds to sixty five and a half milligrams of goldof millesimal fineness nine hundred. The conversion of the gold franc intothe national currency shall be made according to the law of the Stateconcerned.

3. The calculation mentioned in the last sentence of paragraph 1， andthe conversion mentioned in paragraph 2 shall be made in such a manner asto express in the national currency of the States Parties， as far aspossible， the same real value for the amounts in Article 7， paragraph 1，and Article 8 as would result from the application of the first threesentences of paragraph 1. States shall communicate to theSecretary-General the manner of calculation pursuant to paragraph 1， orthe result of the conversion in paragraph 2， as the case may be， whendepositing an instrument of ratification， acceptance， approval of oraccession to this Convention and whenever there is a change in either.Article III