Protocol was also amended after some time and these amendments were adopted in
2012 and are in force since 8 June 2015. The limits were further raised so that the
limit of liability for claims for loss of life or personal injury on ships not exceeding
2000 gross tonnage is 3.02 million SDR. For larger ships, the additional amounts
were calculated; all of them were increase from the previous amount.
3 Harmonisation of Carriage of Passengers by Sea
in the Context of the EU
3.1 Implementation of the Athens Convention Within the EU
Discussion on the international regime pertaining to carriage of passengers should be
complemented by examination of the EU regional harmonisation of passenger law
and its contribution towards on-going efforts at unification of maritime and transport
law.
22
It must be duly noted that the EU has actively participated in the development and
regional implementation of the Athens Convention 2002. This Convention has the
status of a “mixed agreement” in the EU law since the EU joined it along with its
Member States.
23
In accordance with case-law, mixed agreements concluded by the Community, its Member
States and non-member countries have the same status in the Community legal order as
purely Community agreements in so far as the provisions fall within the scope of Community competence.
24
Thus, it follows that such agreements form part of EU law and fall within the
Court’s jurisdiction. However, these agreements also represent an act of international law, which means that for third countries a convention still remains an act of
international law and must be interpreted pursuant to the Vienna Convention on the
Law of Treaties, 1969.
The competence to participate in transport agreements, especially in the area of
sea and air transport is granted explicitly in Article 100(2) of the Treaty on the
Functioning of the European Union (TFEU). At present, there is no case law
22 See for example, Dickerson (2003–2004), Kröger (2001), Haddon-Cave (2001) and Rosaeg
(2007–2008).
23 The Athens Protocol of 2002 allows participation of a Regional Economic Organisation. Some
elements of the Convention, i.e. relating to the jurisdiction, recognition and enforcement of
judgments, belong to the exclusive competence of the EU; thus the EU needed to become a Party
to the Convention.
24 See in particular Case C-239/03—Commission v France, para 25.Other examples of the mixed
agreements are UN Convention on the Law of the Sea, 1982 (UNCLOS), UN Framework
Convention on Climate Change 1992 and the Kyoto Protocol 1997, Protocol of 2002 to the Athens
Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, Convention for
the Unification of Certain Rules for International Carriage by Air, 1999.
A Critical Analysis of Carriage of Passengers by Sea: Uniformity. . .
69
2012 and are in force since 8 June 2015. The limits were further raised so that the
limit of liability for claims for loss of life or personal injury on ships not exceeding
2000 gross tonnage is 3.02 million SDR. For larger ships, the additional amounts
were calculated; all of them were increase from the previous amount.
3 Harmonisation of Carriage of Passengers by Sea
in the Context of the EU
3.1 Implementation of the Athens Convention Within the EU
Discussion on the international regime pertaining to carriage of passengers should be
complemented by examination of the EU regional harmonisation of passenger law
and its contribution towards on-going efforts at unification of maritime and transport
law.
22
It must be duly noted that the EU has actively participated in the development and
regional implementation of the Athens Convention 2002. This Convention has the
status of a “mixed agreement” in the EU law since the EU joined it along with its
Member States.
23
In accordance with case-law, mixed agreements concluded by the Community, its Member
States and non-member countries have the same status in the Community legal order as
purely Community agreements in so far as the provisions fall within the scope of Community competence.
24
Thus, it follows that such agreements form part of EU law and fall within the
Court’s jurisdiction. However, these agreements also represent an act of international law, which means that for third countries a convention still remains an act of
international law and must be interpreted pursuant to the Vienna Convention on the
Law of Treaties, 1969.
The competence to participate in transport agreements, especially in the area of
sea and air transport is granted explicitly in Article 100(2) of the Treaty on the
Functioning of the European Union (TFEU). At present, there is no case law
22 See for example, Dickerson (2003–2004), Kröger (2001), Haddon-Cave (2001) and Rosaeg
(2007–2008).
23 The Athens Protocol of 2002 allows participation of a Regional Economic Organisation. Some
elements of the Convention, i.e. relating to the jurisdiction, recognition and enforcement of
judgments, belong to the exclusive competence of the EU; thus the EU needed to become a Party
to the Convention.
24 See in particular Case C-239/03—Commission v France, para 25.Other examples of the mixed
agreements are UN Convention on the Law of the Sea, 1982 (UNCLOS), UN Framework
Convention on Climate Change 1992 and the Kyoto Protocol 1997, Protocol of 2002 to the Athens
Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, Convention for
the Unification of Certain Rules for International Carriage by Air, 1999.
A Critical Analysis of Carriage of Passengers by Sea: Uniformity. . .
69