A perspective on the current status of modernization Prof. Ludwig Weber New Delhi, 23-25 April 2008
MONTREAL CONVENTION 1999 - STATUS OF RATIFICATION - STATUS OF IMPLEMENTATION GLOBALTIME INITIATIVE ROME CONVENTION MODERNIZATION - STATUS OF WORK - COMMENTS
MONTREAL CONVENTION 1999 - STATUS OF RATIFICATION: - As of 31/03/08, 86 States Parties - 10 Asian States: Bangladesh, Cambodia, China, Japan, Malaysia, Maldives, Mongolia, Pakistan, Rep. of Korea and Singapore have ratified - Convention applies to Hong Kong SAR and Macau SAR - 4 States of Asia-Pacific (incl. New Zealand) ratified - In addition, one REIO (the European Community) has ratified (27 States)
MONTREAL CONVENTION 1999 - STATUS OF IMPLEMENTATION: - MANY STATES PARTIES HAVE PASSED IMPLEMENTING LEGISLATION - IN THE EU, REGULATION (EC) 889/2002 WAS PASSED, ON THE BASIS OF Decision 2001/539/EC; REGULATION (EC) 889/2002 RENDERS MONTREAL 99 APPLICABLE TO: - ALL INTERNATIONAL AND DOMESTIC ROUTES IN THE EU
MONTREAL CONVENTION IMPLEMENTATION: - EU REGULATION (EC) 785/2004 ON INSURANCE REQUIREMENTS FOR AIR CARRIERS WAS PASSED IN 2004 - REGULATION (EC) 785/2004 DEFINES MINIMUM INSURANCE REQUIREMENTS FOR AIR CARRIERS: - 250,000 SDR PER PASSENGER - 1,000 SDR PER PASS. FOR BAGGAGE - 17 SDR PER KG FOR CARGO
MONTREAL CONVENTION IMPLEMENTATION: MINIMUM INSURANCE REQUIREMENTS FOR AIR CARRIERS APPLY: - TO ALL COMMUNITY CARRIERS (INTERNATIONAL AND DOMESTIC) - NON-COMMUNITY CARRIERS SERVING THE EU MUST INFORM THEIR PASSENGERS IF THEIR COVERAGE DOES NOT MEET REG. 784/2004 REQUIREMENTS
MONTREAL CONVENTION IMPLEMENTATION: - UNITED STATES: US CODE OF FED. REGULATIONS, Sec. 205.5-300,000 USD PER PASS. - 20 MILL. PER AIRCRAFT PER OCCURR. - CANADA: AIR TRANSPORT REGULATIONS, Sec. 7-300,000 CAD PER PASS. - NO MINIMUM FOR BAGGAGE OR CARGO
GLOBALTIME INITIATIVE - GLOBAL CANCELLATION OF WAR-RISK INSURANCE IN THE WAKE OF SEPT.11 - ICAO ASSEMBLY RESOLUTION A33-20 - GLOBALTIME CONCEPT DEVELOPED -2002/2003 - CREATION OF GLOBALTIME AS IC-FUND MECHANISM - COMPENSATION OF UI DAMAGE OF UP TO 15 BILLION USD - BACKED BY STATES - FINANCED BY PAX AND CARGO CHARGES - NOT IMPLEMENTED, BUT CONCEPT HAD STRONG MEMBERSHIP SUPPORT
ROME CONVENTION MODERNIZATION - MONTREAL PROTOCOL 1978 - PROPOSAL OF SWEDEN, LC/31 SEPT.2000 - ICAO SSG 2002-2004 - LC/32 FEB.2004 - SPECIAL GROUP HELD 6 MTGS, RESULTING IN TWO DRAFT TEXTS: DRAFT UNLAWFUL INTERFERENCE CONV. DRAFT GENERAL RISKS CONVENTION
DRAFT UNLAWFUL INTERFERENCE CONVENTION: STRICT LIABILITY OF THE OPERATOR LIABILITY CAPPED, BASED ON A/C WEIGHT SCM (SUPPLEMENTARY COMPENSATION MECHANISM) FOR DAMAGE ABOVE CAP COMPENSATION UP TO 3 G USD PER EVENT
DRAFT UNLAWFUL INTERFERENCE CONVENTION: SCM FINANCED FROM PAX AND CARGO SHIPPER CONTRIBUTIONS COMPENSATION FOR MID-AIR COLLISIONS ADVANCE PAYMENTS CLAUSE COMPULSORY INSURANCE CLAUSE
DRAFT GENERAL RISKS CONVENTION : TWO-TIER LIABILITY OF THE OPERATOR, WITH THRESHOLD (250,000 500,000 SDR) NO LIMIT IN SECOND TIER EXEMPTION FOR A/C OWNERS, LESSORS, MANUFACTURERS IN SQUARE BRACKETS COMPENSATION FOR MID-AIR COLLISIONS NO SCM
PRESENT STATE OF WORK: - LC/33, 21 APRIL 2 MAY 08 - WORK ON UNLAWFUL INTERFERENCE CONVENTION STILL CONTROVERSIAL - PROVISIONS ON FINANCING AND CONTRIBUTIONS - EXEMPTION FOR OWNERS, LESSORS AND MANUFACTURERS CONTROVERSIAL
COMMENTS GENERAL RISKS CONVENTION A LOGICAL STEP FORWARD UNLAWFUL INTERFERENCE CONVENTION INNOVATIVE BUT CONTROVERSIAL: SCM MANDATORY INSUR. CLAUSE ENHANCED OWNER/LESSOR EXEMPTION SHD BE DELETED
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