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Regulation (EC) No 392/2009 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents (Text with EEA relevance)

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  1. Introductory Text

  2. Article 1.Subject matter

  3. Article 2.Scope

  4. Article 3.Liability and insurance

  5. Article 4.Compensation in respect of mobility equipment or other specific equipment

  6. Article 5.Global limitation of liability

  7. Article 6.Advance payment

  8. Article 7.Information to passengers

  9. Article 8.Reporting

  10. Article 9. Amendment of the Annexes

  11. Article 9a. Exercise of the delegation

  12. Article 10. Committee procedure

  13. Article 11.Transitional provisions

  14. Article 12.Entry into force

  15. Signature

    1. ANNEX I

      1. PROVISIONS OF THE ATHENS CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS AND THEIR LUGGAGE BY SEA RELEVANT FOR THE APPLICATION OF THIS REGULATION

        (Consolidated text of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 and the Protocol of 2002 to the Convention)

        1. Article 1.Definitions

        2. Article 1bis.Annex

        3. Article 2.Application

        4. Article 3.Liability of the carrier

        5. Article 4.Performing carrier

        6. Article 4bis.Compulsory insurance

        7. Article 5.Valuables

        8. Article 6.Contributory fault

        9. Article 7.Limit of liability for death and personal injury

        10. Article 8.Limit of liability for loss of or damage to luggage and vehicles

        11. Article 9.Unit of Account and conversion

        12. Article 10.Supplementary provisions on limits of liability

        13. Article 11.Defences and limits for carriers' servants

        14. Article 12.Aggregation of claims

        15. Article 13.Loss of right to limit liability

        16. Article 14.Basis for claims

        17. Article 15.Notice of loss or damage to luggage

        18. Article 16.Time-bar for actions

        19. Article 17.Competent jurisdiction

        20. Article 17bis.Recognition and enforcement

        21. Article 18.Invalidity of contractual provisions

        22. Article 20.Nuclear damage

        23. Article 21.Commercial carriage by public authorities

        24. Article 22.Revision and amendment

        25. Article 23.Amendment of limits

      2. ANNEX TO ATHENS CONVENTION

        1. CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY IN RESPECT OF...

          1. Explanatory notes:

            1. 1. If desired, the designation of the State may include a...

            2. 2. If the total amount of security has been furnished by...

            3. 3. If security is furnished in several forms, these should be...

            4. 4. The entry ‘Duration of Security’ must stipulate the date on...

            5. 5. The entry ‘Address’ of the insurer(s) and/or guarantor(s) must indicate...

    2. ANNEX II

      Extract From the IMO Reservation and Guidelines for Implementation of THE ATHENS Convention, adopted by the Legal Committee of the INTERNATIONAL MARITIME ORGANISATION on 19 October 2006

      1. Reservation

        1. 1. The Athens Convention should be ratified with the following reservation...

      2. Guidelines

        1. 2. In the current state of the insurance market, State Parties...

        2. 3. An example of a set of insurance undertakings (Blue Cards)...

      3. APPENDIX A

        1. Clauses referred to in guidelines 2.1.1, 2.1.2 and 2.2.1

          1. Institute Radioactive Contamination, Chemical, Biological, Bio-chemical and Electromagnetic Exclusion Clause...

            1. 1. In no case shall this insurance cover loss damage liability...

          2. Institute Cyber Attack Exclusion Clause (Cl. 380, 10/11/03)

            1. 1. Subject only to clause 10.2 below, in no case shall...

            2. 2. Where this clause is endorsed on policies covering risks of...

          3. War Automatic Termination and Exclusion

            1. 1.1. Automatic Termination of Cover

              1. 1.1.1. upon the outbreak of war (whether there be a declaration...

              2. 1.1.2. in respect of any vessel, in connection with which cover...

            2. 1.2. Five Powers War

              1. 1.2.1. loss damage liability or expense arising from the outbreak of...

              2. 1.2.2. requisition either for title or use.

      4. APPENDIX B

        1. I. Examples of insurance undertakings (Blue Cards) referred to in guideline...

          1. Blue Card issued by War Insurer

          2. Blue Card issued by Non-War Insurer

        2. II. Model of certificate of insurance referred to in guideline 3...

        3. Explanatory notes:

          1. 1. If desired, the designation of the State may include a...

          2. 2. If the total amount of security has been furnished by...

          3. 3. If security is furnished in several forms, these should be...

          4. 4. The entry ‘Duration of Security’ must stipulate the date on...

          5. 5. The entry ‘Address’ of the insurer(s) and/or guarantor(s) must indicate...

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