Considerations on COM(2024)403 -

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dossier COM(2024)403 - .
document COM(2024)403
date September 11, 2024
 
(1) The Convention for the Unification of Certain Rules for International Carriage by Air (the ‘Montreal Convention’) agreed at Montreal on 28 May 1999 was approved by the Union by Council Decision 2001/539/EC of 5 April 20015.

(2) Pursuant to Article 24(1) of the Montreal Convention, the International Civil Aviation Organization (ICAO), as the Depositary to the convention, is to review the limits of liability prescribed in Articles 21, 22 and 23 at five-year intervals.

(3) As a result of the latest review carried out by the ICAO, the limits of liability prescribed in Articles 21 and 22(1), (2) and (3) of the Montreal Convention need to be adjusted, as detailed in the ICAO State Letter LE 3/38.1-IND/24/4 of 28 June 2024. According to that letter, the said revisions are to become effective for all States Parties six months following their notification, unless within three months after this notification a majority of States Parties register their disapproval with the ICAO.

(4) It is appropriate to establish the position to be taken on the Union’s behalf in the ICAO, as the revised limits of liability will be binding under international law, in accordance with Articles 21 and 22(1), (2) and (3) of the Montreal Convention, and as the Montreal Convention forms an integral part of the Union legal order.

(5) In view of the technical nature of the said review, which follows the clearly defined method of calculation laid down in the Montreal Convention, there is no reason for the Union to object to the review.

(6) Therefore, the position to be taken on the Union’s behalf should be to not register any disapproval to the proposed new liability limits as detailed in the ICAO State Letter LE 3/38.1-IND/24/4 of 28 June 2024.