EUR-Lex - 31999L0095 - EN Avis juridique important | 31999L0095 Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 concerning the enforcement of provisions in respect of seafarers' hours of work on board ships calling at Community ports Official Journal L 014 , 20/01/2000 P. 0029 - 0035 DIRECTIVE 1999/95/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof 13 December 1999concerning the enforcement of provisions in respect of seafarers' hours of work on board ships calling at Community portsTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) Community action in the field of social policy aims, inter alia, at improving the health and safety of workers in their working environment;(2) Community action in the field of maritime transport aims, inter alia, at improving shipboard living and working conditions of seafarers, safety at sea and the prevention of pollution caused by maritime accidents;(3) During its eighty-fourth session of 8 to 22 October 1996 the International Labour Organisation Conference (ILO) adopted ILO Convention No 180 concerning Seafarers' Hours of Work and the Manning of Ships, 1996 (hereinafter "ILO Convention No 180" and the Protocol to the Merchant Shipping (Minimum Standards) Convention, 1976 (hereinafter "the Protocol to ILO Convention No 147");(4) Council Directive 99/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST)(4) adopted under Article 139(2) of the Treaty, aims to put into effect the said Agreement concluded on 30 September 1998 (hereinafter the "Agreement"); the content of the Agreement reflects certain provisions of ILO Convention No 180; the Agreement applies to seafarers on board every seagoing ship, whether publicly or privately owned, which is registered in the territory of any Member State and is ordinarily engaged in commercial maritime operations;(5) The purpose of this Directive is to apply the provisions of Directive 1999/63/EC which reflect the provisions of ILO Convention No 180, to any ship calling at a Community port, irrespective of the flag it flies in order to identify and remedy any situation which is manifestly hazardous for the safety or health of seafarers; however, Directive 1999/63/EC includes requirements which are not to be found in ILO Convention No 180 and which should not therefore be enforced on board ships not flying the flag of a Member State;(6) Directive 1999/63/EC applies to seafarers on board every seagoing ship registered in the territory of a Member State; Member States should monitor compliance with all the provisions of the said Directive by ships registered in their territory;(7) In order to protect safety and to avoid distortions of competition, Member States should be allowed to verify compliance with the relevant provisions of Directive 1999/63/EC by all sea-going vessels calling at their ports, irrespective of the State in which they are registered;(8) In particular, ships flying the flag of a State which is not a party to ILO Convention No 180 or the Protocol to ILO Convention No 147 should not receive more favourable treatment than those flying the flag of a State which is a party to either the Convention or Protocol or to both of them;(9) For the control of the effective enforcement of Directive 1999/63/EC, it is necessary that Member States carry out inspections on board ships, notably after having received a complaint by the master, a crew member, or any person or organisation with a legitimate interest in the safe operation of the ship, shipboard living and working conditions or the prevention of pollution;(10) For the purposes of this Directive Member States, on their own initiative, may designate, as appropriate, Port State Control inspectors to carry out inspections on board vessels calling at Community ports;(11) Evidence that a ship does not comply with the requirements of Directive 1999/63/EC may be obtained after verification of the shipboard working arrangements and seafarers' records of hours of work or hours of rest, or when the inspector has a reasonable belief that seafarers are excessively fatigued;(12) In order to rectify any conditions on board a ship which are clearly hazardous to safety or health, the competent authority of the Member State in whose port the ship has called may impose a prohibition on leaving the port until the deficiencies found have been rectified or the crew is sufficiently rested;(13) Since Directive 1999/63/EC reflects the provisions of ILO Convention No 180, verification of compliance with the provisions of that Directive by ships registered in the territory of a third State can take place only when this Convention has entered into force,HAVE ADOPTED THIS DIRECTIVE:Article 1Purpose and scope1. The purpose of this Directive is to provide a mechanism for the verification and enforcement of compliance by ships calling at ports of Member States with Directive 1999/63/EC in order to improve maritime safety, working conditions and the health and safety of seafarers on board ships.2. Member States shall take appropriate measures to ensure that ships which are not registered in their territory or not flying their flag comply with clauses 1 to 12 of the Agreement annexed to Directive 1999/63/EC.Article 2DefinitionsFor the purposes of this Directive,(a) "ship" means any seagoing vessel, whether publicly or privately owned, which is ordinarily engaged in commercial maritime operations. Fishing vessels are not included in this definition,(b) "competent authority" means the authorities designated by the Member States to perform functions under this Directive,(c) "inspector" means a public-sector employee or other person, duly authorised by the competent authority of a Member State to inspect the working conditions on board, and responsible to that competent authority,(d) "complaint" means any information or report submitted by a member of the crew, a professional body, an association, a trade union or, generally, any person with an interest in the safety of the ship, including an interest in safety or health hazards to its crew.Article 3Preparation of reportsWithout prejudice to Article 1 (2), if a Member State in whose port a ship calls voluntarily in the normal course of its business or for operational reasons receives a complaint which it does not consider manifestly unfounded or obtains evidence that the ship does not conform to the standards referred to in Directive 1999/63/EC, it shall prepare a report addressed to the government of the country in which the ship is registered and, when an inspection carried out pursuant to Article 4 provides relevant evidence, the Member State shall take the measures necessary to ensure that any conditions on board which are clearly hazardous to the safety or the health of the crew are rectified.The identity of the person lodging the report or the complaint must not be revealed to the master or the owner of the ship concerned.Article 4Inspection and more detailed inspection1. When carrying out an inspection, in order to obtain evidence that a ship does not conform to the requirements of Directive 1999/63/EC, the inspector shall determine whether:- a table with the shipboard working arrangements has been established in the working language or languages of the ship and in English according to the model format reproduced in Annex I, or in an alternative equivalent format, and is posted on board in an easily accessible place;- seafarers' records of hours of work or hours of rest have been established in the working language or languages of the ship and in English according to the model format reproduced in Annex II, or in an alternative equivalent format, and are kept on board and there is proof that the records have been endorsed by the competent authority of the State where the ship is registered.2. If a complaint has been received or the inspector from his own observations on board believes that the seafarers may be unduly fatigued, the inspector shall conduct a more detailed inspection, pursuant to paragraph 1, to determine whether the working hours or rest periods recorded conform to the standards laid down in Directive 1999/63/EC and that they have been duly observed, taking into account other records relating to the operation of the ship.Article 5The rectification of deficiencies1. If the inspection or the more detailed inspection reveals that the ship does not conform to the requirements of Directive 1999/63/EC, the Member State shall take the measures necessary to ensure that any conditions on board which are clearly hazardous to the safety or health of seafarers are rectified. Such measures may include a prohibition on leaving the port until deficiencies have been rectified or the seafarers have been sufficiently rested.2. If there is clear evidence that watchkeeping personnel for the first watch or subsequent relieving watches are unduly fatigued, the Member State shall ensure that the ship shall not leave port until the deficiencies found have been rectified or the seafarers in question have been sufficiently rested.Article 6Follow-up procedures1. In the event that a ship is prohibited from leaving the port pursuant to Article 5, the competent authority of the Member State shall inform the master, the owner or operator, the administration of the flag State or the State where the ship is registered or the Consul, or in his absence the nearest diplomatic representative of the State, of the results of the inspections referred to in Article 4, of any decisions taken by the inspector and of corrective actions required, if necessary.2. When carrying out an inspection under this Directive, all possible efforts should be made to avoid a ship being unduly delayed. If a ship is unduly delayed, the owner or operator shall be entitled to compensation for any loss or damage suffered. In any instance of alleged undue delay, the burden of proof shall lie with the owner or operator of the ship.Article 7Right of appeal1. The owner or the operator of the ship or his representative in the Member State shall have a right of appeal against a detention decision taken by the competent authority. An appeal shall not cause the detention to be suspended.2. Member States shall establish and maintain appropriate procedures for this purpose in accordance with their national legislation.3. The competent authority shall properly inform the master of a ship referred to in paragraph 1 of the right of appeal.Article 8Administrative cooperation1. Member States shall take the necessary steps to provide, in conditions compatible with those laid down in Article 14 of Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control)(5), for cooperation between their relevant authorities and the relevant competent authorities of other Member States to ensure the effective application of this Directive and shall notify the Commission of the provision made.2. Information on the measures taken pursuant to Articles 4 and 5 shall be published in accordance with procedures such as those set out in the first paragraph of Article 15 of Directive 95/21/EC.Article 9"No more favourable" treatment clauseWhen inspecting a ship registered in the territory of or flying the flag of a State which has not signed ILO Convention No 180 or the Protocol to ILO Convention No 147, Member States shall, once the Convention and the Protocol are in force, ensure that the treatment given to such ships and their crew is no more favourable than that given to a ship flying the flag of a State which is a party to either ILO Convention No 180 or the Protocol to ILO Convention No 147 or both of them.Article 10Final provisions1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 30 June 2002.2. When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.3. Member States shall immediately notify to the Commission all provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.Article 11Ships from non-Member StatesThis Directive shall apply to ships not registered in the territory of, or not flying the flag of, a Member State only on the date of entry into force of ILO Convention No 180 and the date of entry into force of the Protocol to ILO Convention No 147.Article 12Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 13AddresseesThis Directive is addressed to the Member States.Done at Brussels, 13 December 1999.The European ParliamentThe PresidentN. FONTAINEFor the CouncilThe PresidentS. HASSI(1) OJ C 43, 17.2.1999, p. 16.(2) OJ C 138, 18.5.1999, p. 33.(3) Opinion of the European Parliament of 14 April 1999 (OJ C 219, 30.7.1999, p, 240), Council common position of 12 July 1999 (OJ C 249, 1.9.1999, p, 7) and Decision of the European Parliament of 4 November 1999 (not yet published in the Official Journal).(4) OJ L 167, 2.7.1999, p. 37.(5) OJ L 157, 7.7.1995, p. 1. Directive as last amended by Directive 98/42/EC (OJ L 184, 27.6.1998, p. 40).ANNEX I>PIC FILE= "L_2000014EN.003202.EPS">>PIC FILE= "L_2000014EN.003301.EPS">ANNEX II>PIC FILE= "L_2000014EN.003402.EPS">>PIC FILE= "L_2000014EN.003501.EPS">

Summary: Working hours on board ships using EU ports Working hours on board ships using EU ports SUMMARY OF: Directive 1999/95/EC — enforcement of rules in respect of seafarers’ hours of work on board ships calling at EU ports WHAT IS THE AIM OF THE DIRECTIVE? This directive aims to protect the health and safety of seafarers on board ships using European Union (EU) ports and combat distortions of competition from shipowners of non-EU countries. It aims to provide procedures to verify and enforce the compliance of ships calling at ports of EU Member States with Directive 1999/63/EC (see summary), which outlines working time rules for seafarers, including hours, rest, paid leave and fitness for work. KEY POINTS Member States, through designated port state control inspectors, carry out inspections on board seagoing vessels calling at their ports, irrespective of the country in which they are registered. Fishing vessels are not covered by the directive. Inspections occur notably after a complaint is received by the master, a crew member or any person or organisation with a legitimate interest in the safe operation of the ship, shipboard living and working conditions or the prevention of pollution. Inspections determine whether: a table with the shipboard working arrangements is posted in an easily accessible place;records of hours of work and rest periods are kept on board, and are endorsed by the competent authority of the country where the ship is registered. If it appears that seafarers may be unduly fatigued, a more detailed inspection is conducted to determine whether the recorded working hours conform with regulations. To rectify any conditions which are clearly hazardous to safety or health, the Member State may prohibit the ship from leaving the port until deficiencies have been rectified or the crew is rested. If a ship is prevented from leaving the port, the master, owner or an official of the flag country, country of registration or diplomatic representative will be informed of the decision and of any corrective actions required. If a ship is unduly delayed, the owner is entitled to compensation for any loss or damage suffered, the burden of proof being with the ship’s owner, who also has the right of appeal against detention. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 20 January 2000 and had to become law in the Member States by 30 June 2002. BACKGROUND For further information, see: Maritime Labour Convention, 2006 (International Labour Organization). MAIN DOCUMENT Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 concerning the enforcement of provisions in respect of seafarers’ hours of work on board ships calling at Community ports (OJ L 14, 20.1.2000, pp. 29-35) RELATED DOCUMENTS Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC (OJ L 124, 20.5.2009, pp. 30-50) Successive amendments to Directive 2009/13/EC have been incorporated in the original text. This consolidated version is of documentary value only. last update 26.08.2021


18.6.1986 EN Official Journal of the European Communities L 162/34 INTERNATIONAL CONVENTION FOR THE CONSERVATION OF ATLANTIC TUNAS PREAMBLE The governments whose duly authorized representatives have subscribed hereto, considering their mutual interest in the populations of tuna and tuna-like fish found in the Atlantic Ocean, and desiring to cooperate in maintaining the populations of these fish at levels which will permit the maximum sustainable catch for food and other purposes, resolve to conclude a Convention for the conservation of the resources of tuna and tuna-like fish of the Atlantic Ocean, and to that end agree as follows: Article I The area to which this Convention shall apply, hereinafter referred to as the ‘Convention area’, shall be all waters of the Atlantic Ocean, including the adjacent seas. Article II Nothing in this Convention shall be considered as affecting the rights, claims or views of any Contracting Party in regard to the limits of territorial waters or the extent of jurisdiction over fisheries under international law. Article III 1. The Contracting Parties hereby agree to establish and maintain a Commission to be known as the International Commission for the Conservation of Atlantic Tunas, hereinafter referred to as ‘the Commission’, which shall carry out the objectives set forth in this Convention. 2. Each of the Contracting Parties shall be represented on the Commission by not more than three delegates. Such delegates may be assisted by experts and advisors. 3. Except as may otherwise be provided in this Convention, decisions of the Commission shall be taken by a majority of the Contracting Parties, each Contracting Party having one vote. Two-thirds of the Contracting Parties shall constitue a quorum. 4. The Commission shall hold a regular meeting once every two years. A special meeting may be called at any time at the request of a majority of the Contracting Parties or by decision of the Council as constituted in Article V. 5. At its first meeting, and thereafter at each regular meeting, the Commission shall elect from among its members a chairman, a first vice-chairman and a second vice-chairman who shall not be re-elected for more than one term. 6. The meetings of the Commission and its subsidiary bodies shall be public unless the Commission otherwise decides. 7. The official languages of the Commission shall be English, French and Spanish. 8. The Commission shall have authority to adopt such rules of procedure and financial regulations as are necessary to carry out its functions. 9. The Commission shall submit a report to the Contracting Parties every two years on its work and findings and shall also inform any Contracting Party, whenever requested, on any matter relating to the objectives of the Convention. Article IV 1. In order to carry out the objectives of this Convention the Commission shall be responsible for the study of the populations of tuna and tuna-like fish (the Scombri-formes with the exception of the families Trichiuridae and Gempylidae and the genus Scomber) and such other species of fish exploited in tuna fishing in the Convention area as are not under investigation by another international fishery organization. Such study shall include research on the abundance, biometry and ecology of the fish; the oceanography of their environment; and the effects of natural human factors upon their abundance. The Commission, in carrying out these responsibilities, shall, in so far as feasible, utilize the technical and scientific services of, and information from, official agencies of the Contracting Parties and their political subdivisions and may, when desirable, utilize the available services and information of any public or private institution, organization or individual, and may undertake within the limits of its budget independent research to supplement the research work being done by governments, national institutions or other international organizations. 2. The carrying out of the provisions in paragraph 1 of this Article shall include: (a) collecting and analyzing statistical information relating to the current conditions and trends of the tuna fishery resources of the Convention area; (b) studying and appraising information concerning measures and methods to ensure maintenance of the populations of tuna and tuna-like fish in the Convention area at levels which will permit the maximum sustainable catch and which will ensure the effective exploitation of these fish in a manner consistent with this catch; (c) recommending studies and investigations to the Contracting Parties; (d) publishing and otherwise disseminating reports of its findings and statistical, biological and other scientific information relative to the tuna fisheries of the Convention area. Article V 1. There is established within the Commission a Council which shall consist of the chairman and the vice-chairman of the Commission together with the representatives of not less than four and not more than eight Contracting Parties. The Contracting Parties represented on the Council shall be elected at each regular meeting of the Commission. However, if at any time the number of the Contracting Parties exceeds 40, the Comission may elect an additional two Contracting Parties to be represented on the Council. The Contracting Parties of which the chairman and vice-chairman are nationals shall not be elected to the Council. In elections to the Council the Commission shall give due consideration to the geographic, tuna-fishing and tuna-processing interests of the Contracting Parties, as well as to the equal right of the Contracting Parties to be represented on the Council. 2. The Council shall perform such functions as are assigned to it by this Convention or are designated by the Commission, and shall meet at least once in the interim between regular meetings of the Commission. Between meetings of the Commission the Council shall make necessary decisions on the duties to be carried out by the staff and shall issue necessary instructions to the Executive Secretary. Decisions of the Council shall be made in accordance with rules to be established by the Commission. Article VI To carry out the objectives of this Convention the Commission may establish panels on the basis of species, group of species, or of geographic areas. Each panel in such case: (a) shall be responsible for keeping under review the species, group of species, or geographic area under its purview, and for collecting and other information relating thereto; (b) may propose to the Commission, upon the basis of scientific investigations, recommendations for joint action by the Contracting Parties; (c) may recommend to the Commission studies and investigations necessary for obtaining information relating to its species, group of species, or geographic area, as well as the coordination of programmes of investigation by the Contracting Parties. Article VII The Commission shall appoint an executive secretary who shall serve at the pleasure of the Commission. The executive secretary, subject to such rules and procedures as may be determined by the Commission, shall have authority with respect to the selection and administration of the staff of the Commission. He shall also perform, inter alia, the following functions as the Commission may prescribe: (a) coordinating the programmes of investigation by the Contracting Parties; (b) preparing budget estimates for review by the Commission; (c) authorizing the disbursement of funds in accordance with the Commission's budget; (d) accounting for the funds of the Commission; (e) arranging for cooperation with the organizations referred to in Article XI of this Convention; (f) preparing the collection and analysis of data necessary to accomplish the purposes of the Convention particularly those data relating to the current and maximum sustainable catch of tuna stocks; (g) preparing for approval by the Commission scientific, administrative and other reports of the Commission and its subsidiary bodies. Article VIII 1. (a) The Commission may, on the basis of scientific evidence, make recommendations designed to maintain the populations of tuna and tuna-like fish that may be taken in the Convention area at levels which will permit the maximum sustainable catch. These recommendations shall be applicable to the Contracting Parties under the conditions laid down in paragraphs 2 and 3 of this Article. (b) The recommendations referred to above shall be made: (i) at the initiative of the Commission if an appropriate panel has not been established or with the approval of at least two-thirds of all the Contracting Parties if an appropriate panel has been established; (ii) on the proposal of an appropriate panel if such a panel has been established; (iii) on the proposal of the appropriate panels if the recommendation in question relates to more than one geographic area, species, or group of species. 2. Each recommendation made under paragraph 1 of this Article shall become effective for all Contracting Parties six months after the date of the notification from the Commission transmitting the recommendation to the Contracting Parties, except as provided in paragraph 3 of this Article. 3. (a) If any Contracting Party in the case of a recommendation made under paragraph 1 (b) (i) above, or any Contracting Party member of a panel concerned in the case of a recommendation made under paragraph 1 (b) (ii) or (iii) above, presents to the Commission an objection to such recommendation within the six months period provided for in paragraph 2 above, the recommendation shall not become effective for an additional 60 days. (b) Thereupon any other Contracting Party may present an objection prior to the expiration of the additional 60 days period or within 45 days of the ate of the notification of an objection made by another Contracting Party within such additional 60 days, whichever date shall be the later. (c) The recommendation shall become effective at the end of the extended period or periods for objection, except for those Contracting Parties that have presented an objection. (d) However, if a recommendation has met with an objection presented by only one or less than one-quarter of the Contracting Parties, in accordance with subparagraphs (a) and (b) above, the Commission shall immediately notify the Contracting Party or Parties having presented such objection that it is to be considered as having no effect. (e) In the case referred to in subparagraph (d) above the Contracting Party or Parties concerned shall have an additional period of 60 days from the date of the said notification in which to reaffirm their objection. On the expiry of this period the recommendation shall become effective, except with respect to any Contracting Party having presented an objection and reaffirmed it within the delay provided for. (f) If a recommendation has met with objection from more than one-quarter but less than the majority of the Contracting Parties, in accordance with sub-paragraphs (a) and (b) above, the recommendation shall become effective for the Contracting Parties that have not presented an objection thereto. (g) If objections have been presented by a majority of the Contracting Parties the recommendation shall not become effective. 4. Any Contracting Party objecting to a recommendation may at any time withdraw that objection, and the recommendation shall become effective with respect to such Contracting Party immediately if the recommendation is already in effect, or at such time as it may become effective under the terms of this Article. 5. The Commission shall notify each Contracting Party immediately upon receipt of each objection and of each withdrawal of an objection, and of the entry into force of any recommendation. Article IX 1. The Contracting Parties agree to take all action necessary to ensure the enforcement of this Convention. Each Contracting Party shall transmit to the Commission, biennially or at such other times as may be required by the Commission, a statement of the action taken by it for these purposes. 2. The Contracting Parties agree: (a) to furnish, on the request of the Commission, any available statistical, biological and other scientific information the Commission may need for the purposes of this Convention; (b) when their official agencies are unable to obtain and furnish the said information, to allow the Commission, through the Contracting Parties, to obtain it on a voluntary basis direct from companies and individual fishermen. 3. The Contracting Parties undertake to collaborate with each other with a view to the adoption of suitable effective measures to ensure the application of the provisions of this Convention and in particular to set up a system of international enforcement to be applied to the Convention area except the territorial sea and other waters, if any, in which a State is entitled under international law to exercise jurisdiction over fisheries. Article X 1. The Commission shall adopt a budget for the joint expenses of the Commission for the biennium following each regular meeting. 2. Each Contracting Party shall contribute annually to the budget of the Commission an amount equal to: (a) US $ 1 000 (one thousand United States dollars) for Commission membership; (b) US $ 1 000 (one thousand United States dollars) for each Panel membership; (c) If the proposed budget for joint expenses for any biennium should exceed the whole amount of contributions to be made by the Contracting Parties under (a) and (b) of this paragraph, one-third of the amount of such excess shall be contributed by the Contracting Parties in proportion to their contributions made under (a) and (b) of this paragraph. For the remaining two-thirds the Commission shall determine on the basis of the latest available information: (i) the total of the round weight of catch of Atlantic tuna and tuna-like fish and the net weight of canned products of such fish for each Contracting Party; (ii) the total of (i) for all Contracting Parties. Each Contracting Party shall contribute its share of the remaining two-thirds in the same ratio that its total in (i) bears to the total in (ii). That part of the budget referred to in this subparagraph shall be set by agreement of all the Contracting Parties present and voting. 3. The Council shall review the second half of the biennial budget at its regular meeting between Commission meeting and, on the basis of current and anticipated developments, may authorize reapportionment of amounts in the Commission budget for the second year within the total budget approved by the Commission. 4. The executive secretary of the Commission shall notify each Contracting Party of its yearly assessment. The contributions shall be payable on 1 January of the year for which the assessment was levied. Contributions not received before 1 January of the succeeding year shall be considered as in arrears. 5. Contributions to the biennial budget shall be payable in such currencies as the Commission may decide. 6. At its first meeting the Commission shall approve a budget for the balance of the first year the Commission functions and for the following biennium. It shall immediately transmit to the Contracting Parties copies of these budgets together with notices of the respective assessments for the first annual contribution. 7. Thereafter, within a period not less than 60 days before the regular meeting of the Commission which precedes the biennium, the executive secretary shall submit to each Contracting Party a draft biennial budget together with a schedule of proposed assessments. 8. The Commission may suspend the voting rights of any Contracting Party when its arrears of contributions equal or exceed the amount due from it for the two preceding years. 9. The Commission shall establish a working capital fund to finance operations of the Commission prior to receiving annual contributions, and for such other purposes as the Commission may determine. The Commission shall determine the level of the fund, assess advances necessary for its establishment, and adopt regulations governing the use of the fund. 10. The Commission shall arrange an annual independent audit of the Commission's accounts. The reports of such audits shall be reviewed and approved by the Commission, or by the Council in years when there is no regular Commission meeting. 11. The Commission may accept contributions, other than provided for in paragraph 2 of this Article, for the prosecution of its work. Article XI 1. The Contracting Parties agree that there should be a working relationship between the Commission and the Food and Agriculture Organization of the United Nations. To this end the Commission shall enter into negotiations with the Food and Agriculture Organization of the United Nations with a view to concluding an agreement pursuant to Article XIII of the Organization's Constitution. Such agreement should provide, inter alia, for the Director-General of the Food and Agriculture Organization of the United Nations to appoint a representative who would participate in all meetings of the Commission and its subsidiary bodies, but without the right to vote. 2. The Contracting Parties agree that there should be cooperation between the Commission and other international fisheries commissions and scientific organizations which might contribute to the work of the Commission. The Commission may enter into agreements with such commissions and organizations. 3. The Commission may invite any appropriate international organization and any Governement which is a Member of the United Nations or of any specialized agency of the United Nations and which is not a member of the Commission, to send observers to meetings of the Commission and its subsidiary bodies. Article XII 1. This Convention shall remain in force for 10 years and thereafter until a majority of Contracting Parties agree to terminate it. 2. At any time after 10 years from the date of entry into force of this Convention, any Contracting Party may withdraw from the Convention on 31 December of any year including the 10th year by written notification of withdrawal given on or before 31 December of the preceding year to the Director-General of the Food and Agriculture Organization of the United Nations. 3. Any other Contracting Party may thereupon withdraw from this Convention with effect from the same 31 December by giving written notification of withdrawal to the Director-General of the Food and Agriculture Organization of the United Nations not later than one month from the date of receipt of information from the Director-General of the Food and Agriculture Organization of the United Nations concerning any withdrawal, but not later than 1 April of that year. Article XIII 1. Any Contracting Party or the Commission may propose amendments to this Convention. The Director-General of the Food and Agriculture Organization of the United Nations shall transmit a certified copy of the text of any proposed amendment to all the Contracting Parties. Arty amendment not involving new obligations shall take effect for all Contracting Parties on the 30th day after its acceptance by three-quarters of the Contracting Parties. Any amendment involving new obligations shall take effect for each Contracting Party accepting the amendment on the 90th day after its acceptance by three-quarters of the Contracting Parties and thereafter for each remaining Contracting Party upon acceptance by it. Any amendment considered by one or more Contracting Parties to involve new obligations shall be deemed to involve new obligations and shall take effect accordingly. A government which becomes a Contracting Party after an amendment to this Convention has been opened for acceptance pursuant to the provisions of this Article shall be bound by the Convention as amended when the said amendment comes into force. 2. Proposed amendments shall be deposited with the Director-General of the Food and Agriculture Organization of the United Nations. Notifications of acceptance of amendments shall be deposited with the Director-General of the Food and Agriculture Organization of the United Nations. Article XIV 1. This Convention shall be open for signature by any government which is a Member of the United Nations or of any specialized agency of the United Nations. Any such government which does not sign this Convention may adhere to it at any time. 2. This Convention shall be subject to ratification or approval by signatory countries in accordance with their constitutions. Instruments of ratification, approval, or adherence shall be deposited with the Director-General of the Food and Agriculture Organization of the United Nations. 3. This Convention shall enter into force upon the deposit of instruments of ratification, approval, or adherence by seven governments and shall enter into force with respect to each government which subsequently deposits an instrument of ratification, approval or adherence on the date of such deposit. Article XV The Director-General of the Food and Agriculture Organization of the United Nations shall informa all governments referred to in paragraph 1 of Article XIV of deposits of instruments of ratification, approval or adherence, the entry into force of this Convention, proposals for amendments, notifications of acceptance of amendments, entry into force of amendments, and notifications of withdrawal. Article XVI The original of this Convention shall be deposited with the Director-General of the Food and Agriculture Organization of the United Nations who shall send certified copies to the governments referred to in paragraph 1 of Article XIV. In witness whereof the representatives duly authorized by their respective governments have signed the present Convention. Done at Rio de Janeiro this 14th day of May 1966 in a single copy in the English, French and Spanish languages, each version being equally authoritative.

Summary: International Convention for the Conservation of Atlantic Tunas International Convention for the Conservation of Atlantic Tunas SUMMARY OF: International Convention for the Conservation of Atlantic Tunas Protocol to amend the International Convention for the Conservation of Atlantic Tunas Decision 86/238/EEC on the accession of the Community to the International Convention for the Conservation of Atlantic Tunas, as amended by the Protocol signed in Paris in 1984 Decision (EU) 2019/2025 on the signing, on behalf of the European Union, and the provisional application of the Protocol to amend the International Convention for the Conservation of Atlantic Tunas Regulation (EU) 2017/2107 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas WHAT ARE THE AIMS OF THE CONVENTION, PROTOCOL, DECISIONS AND REGULATION? The convention aims to ensure that the Atlantic tuna population is maintained at levels that will permit the maximum sustainable catch for food and other purposes, and introduces the International Commission for the Conservation of Atlantic Tunas (ICCAT). The protocol amends the convention, with an emphasis on the aim of long-term conservation. The 1986 decision marks the European Community’s accession to the convention. The 2019 decision marks the signing and provisional application of the protocol, on behalf of the European Union (EU). The regulation lays down management, conservation and control rules relating to fishing for tuna species managed by ICCAT. KEY POINTS Note: this summary covers the convention as subsequently amended by the protocol. Structure The convention establishes ICCAT to carry out its objectives, applying a precautionary and ecosystem approach including: using the best available scientific evidence; protecting marine environment diversity; fair and transparent decision making. According to the convention, the ICCAT Commission should meet every 2 years and should be comprised of no more than three delegates from each ICCAT member, assisted by experts and advisors. In fact, the ICCAT Commission meets every year and is responsible for: studying populations of tuna, tuna-like fish and elasmobranchs (as for instance sharks, skates, rays and sawfishes) that are oceanic, pelagic and highly migratory (ICCAT species), utilising where possible the technical and scientific services of official agencies of ICCAT Commission members; collecting and analysing statistical information relating to the current conditions and trends of ICCAT species; studying and appraising measures and methods to ensure populations of ICCAT species are maintained; recommending studies and investigations to the Members of the Commission; and publishing its findings. The ICCAT Council meets once in the interim between ICCAT Commission meetings. It is comprised of the ICCAT Chair and Vice-Chair and between 4 and 10 member representatives. The ICCAT Commission appoints an Executive Secretary and may establish panels by species or geographic area. Recommendations On the basis of scientific evidence, the ICCAT makes recommendations designed to: ensure long-term conservation and sustainable use of ICCAT species by maintaining or restoring the abundance of the stocks at or above levels capable of producing maximum sustainable yield; promote the conservation of other species dependent on or associated with ICCAT species, to maintain or restore populations above levels at which their reproduction may become seriously threatened. Objections and disputes ICCAT Commission members can present written objections to recommendations where: it is inconsistent with the convention or international law; it unjustifiably discriminates against the objecting member; the member cannot practically comply; or there are security constraints if the objecting member were to comply. Parties to any dispute must consult each other to settle disputes by amicable means and as quickly as possible. If a dispute is not resolved, it can be submitted to final and binding arbitration by joint request. An annex lays out the procedures for resolving disputes. Enforcement Members of the ICCAT Commission agree to do everything necessary to ensure the convention is enforced and must submit a statement of the action taken to achieve this every 2 years, or as required. ICCAT Commission members must: provide any available statistical, biological and other scientific information on request; allow the ICCAT Commission to obtain voluntary information directly from companies and individuals; collaborate with other members on suitable effective measures; set up a system of international enforcement for their areas of jurisdiction. Financial arrangements Each ICCAT Commission member contributes to the budget an amount calculated in accordance with financial regulations adopted by the ICCAT Commission, based partly on the total round weight of catch and net weight of canned products, and the degree of economic development of members. Collaboration The convention demands a working relationship between the ICCAT Commission and the United Nations Food and Agriculture Organization, and other international fisheries commissions and scientific organisations which might contribute to their work, with the possibility of participating (but not voting) in ICCAT Commission meetings. The 2017 Regulation Regulation (EU) 2017/2107 sets out conservation and control rules for highly migratory fish managed by ICCAT (the species concerned are listed in an annex). The regulation includes detailed rules on specific measures for the following species within the ICCAT conventional area: tropical tunas, North Atlantic albacore, swordfish, blue marlin and white marlin, sharks, seabirds, and sea turtles. It also includes rules concerning: authorisations, control of catches, transhipment, scientific observer programmes, control of non-EU fishing vessels in EU Member State ports, and enforcement. DATE OF ENTRY INTO FORCE The convention entered into force on 21 March 1969. The convention as amended by the protocol is open for signature by any United Nations member state or specialised agency. It enters into force when seven governments ratify, approve or adhere to it. The regulation has applied since 3 December 2017. BACKGROUND For further information, see: Regional fisheries management organisations (European Commission) ICCAT (website). MAIN DOCUMENTS International Convention for the Conservation of Atlantic Tunas (OJ L 162, 18.6.1986, pp. 34–38). Successive amendments to the International Convention for Conservation of Atlantic Tunas have been incorporated into the original text. This consolidated version is of documentary value only. Protocol to amend the International Convention for the Conservation of Atlantic Tunas (OJ L 313, 4.12.2019, pp. 3–13). Council Decision 86/238/EEC of 9 June 1986 on the accession of the Community to the International Convention for the Conservation of Atlantic Tunas, as amended by the Protocol annexed to the Final Act of the Conference of Plenipotentiaries of the States Parties to the Convention signed in Paris on 10 July 1984 (OJ L 162, 18.6.1986, p. 33). Council Decision (EU) 2019/2025 of 18 November 2019 on the signing, on behalf of the European Union, and the provisional application of the Protocol to amend the International Convention for the Conservation of Atlantic Tunas (OJ L 313, 4.12.2019, pp. 1–2). Regulation (EU) 2017/2107 of the European Parliament and of the Council of 15 November 2017 laying down management, conservation and control measures applicable in the Convention area of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and amending Council Regulations (EC) No 1936/2001, (EC) No 1984/2003 and (EC) No 520/2007 (OJ L 315, 30.11.2017, pp. 1–39). See consolidated version. last update 17.01.2022


30.4.2004 EN Official Journal of the European Union L 138/1 REGULATION (EC) No 785/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 April 2004 on insurance requirements for air carriers and aircraft operators THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Economic and Social Committee (2), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: (1) In the framework of the common transport policy, and in order to foster consumer protection, it is important to ensure a proper minimum level of insurance to cover liability of air carriers in respect of passengers, baggage, cargo and third parties. (2) In the Community aviation market, the distinction between national and international air transport has been eliminated and it is, therefore, appropriate to establish minimum insurance requirements for Community air carriers. (3) Common action is necessary to ensure that these requirements also apply to air carriers from third countries in order to ensure a level playing field with Community air carriers. (4) In its Communication of 10 October 2001 regarding the repercussions of the terrorist attacks in the United States on the air transport industry, the Commission stated its intention to examine the amounts and conditions of insurance required for the grant of operating licences by Member States in order to ensure a harmonised approach. Moreover, in its Communication of 2 July 2002 regarding insurance in the air transport sector following the terrorist attacks of 11 September 2001 in the United States, the Commission stated that it would continue to monitor the developments on the aviation insurance market with regard to the revision of the amounts and conditions of insurance required for the grant of operating licences by Member States. (5) By Council Decision 2001/539/EC (4) the Community concluded the Convention for the Unification of Certain Rules Relating to International Carriage by Air, agreed at Montreal on 28 May 1999 (Montreal Convention), which lays down new rules on liability in respect of the international carriage by air of persons, baggage and cargo. These rules are expected to replace those of the Warsaw Convention of 1929 and its subsequent amendments. (6) Article 50 of the Montreal Convention requires parties to ensure that air carriers are adequately insured to cover liability under that Convention. Warsaw Convention of 1929 and its subsequent amendments will continue to exist alongside the Montreal Convention for an indefinite period. Both Conventions provide for the possibility of unlimited liability. (7) Article 7 of Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (5), requires air carriers to be insured to cover liability in case of accidents, in particular in respect of passengers, baggage, cargo, mail and third parties, albeit without specifying minimum amounts and conditions of insurance. (8) It is appropriate to take into account the fact that the European Civil Aviation Conference adopted on 13 December 2000 Resolution ECAC/25-1 on minimum levels of insurance cover for passenger and third party liability, which was modified on 27 November 2002. (9) It is necessary to define minimum insurance requirements to cover passengers, baggage, cargo and third parties for air carriers and aircraft operators flying within, into, out of, or over the territory of a Member State, including its territorial waters. (10) Insurance obligations should remain with air carriers with a valid operating licence, and, in the case of Community air carriers, with a valid operating licence granted in accordance with Regulation (EEC) No 2407/92. The absence or expiry of such licence does not relieve the undertaking from such obligation. (11) While the Montreal Convention specifically regulates liability in respect of passengers, baggage and cargo, the liability for mail is, according to Article 2 of that Convention, to be subject to ‘the rules applicable to the relationship between the carriers and the postal administrations’. In the Community, insurance for such liability is sufficiently regulated by Article 7 of Regulation (EEC) No 2407/92. (12) Mandatory insurance should not be required for State aircraft and for certain other types of aircraft. (13) Minimum insurance cover should be provided in situations where an air carrier or aircraft operator is liable in respect of passengers, baggage, cargo and third parties in accordance with rules of international Conventions, Community or national law, without interfering with such rules. (14) The insurance should cover aviation-specific liability in respect of passengers, baggage, cargo and third parties. Regarding passengers, baggage and cargo, insurance should include cover for death and personal injury caused by accidents and for loss or destruction of or damage to baggage and cargo. Regarding third parties, insurance should include cover for death, personal injury and damage to property caused by accidents. (15) This Regulation should not be interpreted as requiring double insurance. As far as the contracting carrier and the actual carrier within the meaning of Article 39 of the Montreal Convention can be held liable for the same damage, Member States may establish specific measures to avoid double insurance. (16) While the market practice of offering insurance on an aggregate basis may be conducive to insurability, in particular for risks of war and terrorism, by allowing insurers better control over their liabilities, this practice does not release an air carrier or aircraft operator from the obligation to respect minimum insurance requirements when the aggregate fixed by its insurance contract is reached. (17) It is necessary to require air carriers to provide evidence that they respect at all times the minimum insurance requirements to cover liability, as provided for in this Regulation. With regard to Community air carriers and with regard to aircraft operators using aircraft registered in the Community, depositing evidence of insurance in one Member State should be sufficient for all Member States, such insurance being effected by an undertaking authorised to do so under the applicable law. (18) With respect to overflights of the territory of a Member State by non-Community air carriers or aircraft registered outside the Community which do not involve a landing on or take-off from any Member State, any overflown Member State may, in accordance with international law, request evidence of compliance with the insurance requirements of this Regulation, for example by carrying out random checks. (19) The minimum insurance requirements should be reviewed after a period of time. (20) Procedures for monitoring the application of the minimum insurance requirements should be transparent and non-discriminatory and should not impede the free movement of goods, persons, services and capital. (21) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6). (22) Where further rules are required to establish adequate insurance covering aviation-specific liability on points which are not covered by this Regulation, the Member States should have the possibility to introduce such rules. (23) Arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries. Such arrangements have yet to enter into operation. (24) Since the objective of this Regulation, namely the introduction of minimum insurance requirements which can contribute to the objectives of the internal aviation market by reducing distortions of competition, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective, HAVE ADOPTED THIS REGULATION: Article 1 Objective 1. The objective of this Regulation is to establish minimum insurance requirements for air carriers and aircraft operators in respect of passengers, baggage, cargo and third parties. 2. In respect of the carriage of mail, the insurance requirements are those set out in Regulation (EEC) No 2407/92 and in the national laws of the Member States. Article 2 Scope 1. This Regulation shall apply to all air carriers and to all aircraft operators flying within, into, out of, or over the territory of a Member State to which the Treaty applies. 2. This Regulation shall not apply to: (a) State aircraft as referred to in Article 3(b) of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944; (b) model aircraft with an MTOM of less than 20 kg; (c) foot-launched flying machines (including powered paragliders and hang gliders); (d) captive balloons; (e) kites; (f) parachutes (including parascending parachutes); (g) aircraft, including gliders, with a MTOM of less than 500 kg, and microlights, which: — are used for non-commercial purposes, or — are used for local flight instruction which does not entail the crossing of international borders, in so far as the insurance obligations under this Regulation relating to the risks of war and terrorism are concerned. 3. The application of this Regulation to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated. 4. Application of this Regulation to Gibraltar airport shall be suspended until the arrangements included in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into operation. The Governments of Spain and the United Kingdom will inform the Council of such date of entry into operation. Article 3 Definitions For the purposes of this Regulation: (a) ‘air carrier’ means an air transport undertaking with a valid operating licence; (b) ‘Community air carrier’ means an air carrier with a valid operating licence granted by a Member State in accordance with Regulation (EEC) No 2407/92; (c) ‘aircraft operator’ means the person or entity, not being an air carrier, who has continual effective disposal of the use or operation of the aircraft; the natural or legal person in whose name the aircraft is registered shall be presumed to be the operator, unless that person can prove that another person is the operator; (d) ‘flight’ means: — with regard to passengers and unchecked baggage, the period of transport of the passengers by aircraft including their boarding and disembarkation, — with regard to cargo and checked baggage, the period of transport of baggage and cargo from the moment the baggage or cargo is handed to the air carrier until the moment of delivery to the entitled recipient, — with regard to third parties, the use of an aircraft from the moment when power is applied to its engines for the purpose of taxiing or actual take-off until the moment when it is on the surface and its engines have come to a complete stop; additionally, it shall mean the moving of an aircraft by towing and push-back vehicles or by powers which are typical for the drive and the lift of aircraft, particularly air streams; (e) ‘SDR’ means a Special Drawing Right as defined by the International Monetary Fund; (f) ‘MTOM’ means the Maximum Take Off Mass, which corresponds to a certified amount specific to all aircraft types, as stated in the certificate of airworthiness of the aircraft; (g) ‘passenger’ means any person who is on a flight with the consent of the air carrier or the aircraft operator, excluding on-duty members of both the flight crew and the cabin crew; (h) ‘third party’ means any legal or natural person, excluding passengers and on-duty members of both the flight crew and the cabin crew; (i) ‘commercial operation’ means an operation for remuneration and/or hire. Article 4 Principles of insurance 1. Air carriers and aircraft operators referred to in Article 2 shall be insured in accordance with this Regulation as regards their aviation-specific liability in respect of passengers, baggage, cargo and third parties. The insured risks shall include acts of war, terrorism, hijacking, acts of sabotage, unlawful seizure of aircraft and civil commotion. 2. Air carriers and aircraft operators shall ensure that insurance cover exists for each and every flight, regardless of whether the aircraft operated is at their disposal through ownership or any form of lease agreement, or through joint or franchise operations, code-sharing or any other agreement of the same nature. 3. This Regulation is without prejudice to the rules on liability as arising from: — international Conventions to which the Member States and/or the Community are parties, — Community law, and — national law of the Member States. Article 5 Compliance 1. Air carriers and, when so required, aircraft operators, as referred to in Article 2, shall demonstrate compliance with the insurance requirements set out in this Regulation by providing the competent authorities of the Member State concerned with a deposit of an insurance certificate or other evidence of valid insurance. 2. For the purpose of this Article ‘Member State concerned’ shall mean the Member State which has granted the operating licence to the Community air carrier or the Member State where the aircraft of the aircraft operator is registered. For non-Community air carriers and aircraft operators using aircraft registered outside the Community, ‘Member State concerned’ shall mean the Member State to or from which the flights are operated. 3. By way of exception from paragraph 1, Member States overflown may require that air carriers and aircraft operators referred to in Article 2 produce evidence of valid insurance in accordance with this Regulation. 4. With regard to Community air carriers and aircraft operators using aircraft registered in the Community, the deposit of evidence of insurance in the Member State referred to in paragraph 2 is sufficient for all Member States, without prejudice to the application of Article 8(6). 5. In exceptional cases of insurance-market failure, the Commission may determine, in accordance with the procedure referred to in Article 9(2), the appropriate measures for the application of paragraph 1. Article 6 Insurance in respect of liability for passengers, baggage and cargo 1. For liability in respect of passengers, the minimum insurance cover shall be 250 000 SDRs per passenger. However, in respect of non-commercial operations by aircraft with a MTOM of 2 700 kg or less, Member States may set a lower level of minimum insurance cover, provided that such cover is at least 100 000 SDRs per passenger. 2. For liability in respect of baggage, the minimum insurance cover shall be 1 000 SDRs per passenger in commercial operations. 3. For liability in respect of cargo, the minimum insurance cover shall be 17 SDRs per kilogram in commercial operations. 4. Paragraphs 1, 2 and 3 shall not apply with respect to flights over the territory of the Member States carried out by non-Community air carriers and by aircraft operators using aircraft registered outside the Community which do not involve a landing on, or take-off from, such territory. 5. The values referred to in this Article may be amended, as appropriate, where amendments in the relevant international treaties indicate the necessity thereof, in accordance with the procedure referred to in Article 9(2). Article 7 Insurance in respect of liability for third parties 1. In respect of liability for third parties, the minimum insurance cover per accident, for each and every aircraft, shall be: Category MTOM (kg) Minimum insurance (million SDRs) 1 < 500 0,75 2 < 1 000 1,5 3 < 2 700 3 4 < 6 000 7 5 < 12 000 18 6 < 25 000 80 7 < 50 000 150 8 < 200 000 300 9 < 500 000 500 10 ≥ 500 000 700 If at any time insurance cover for damage to third parties due to risks of war or terrorism is not available to any air carrier or aircraft operator on a per-accident basis, such air carrier or aircraft operator may satisfy its obligation to insure such risks by insuring on an aggregate basis. The Commission shall closely monitor the application of this provision in order to ensure that such aggregate is at least equivalent to the relevant amount set out in the table. 2. The values referred to in this Article may be amended, as appropriate, where amendments in the relevant international treaties indicate the necessity thereof, in accordance with the procedure referred to in Article 9(2). Article 8 Enforcement and sanctions 1. Member States shall ensure that air carriers and aircraft operators referred to in Article 2 comply with this Regulation. 2. For the purposes of paragraph 1 and without prejudice to paragraph 7, with respect to overflights by non-Community air carriers or aircraft registered outside the Community which do not involve a landing on or take-off from any Member State, as well as with respect to stops in Member States by such aircraft for non-traffic purposes, the Member State concerned may request evidence of compliance with the insurance requirements laid down in this Regulation. 3. Where necessary, Member States may request additional evidence from the air carrier, the aircraft operator or the insurer concerned. 4. Sanctions for infringement of this Regulation shall be effective, proportional and dissuasive. 5. With regard to Community air carriers, these sanctions may include the withdrawal of the operating licence, subject to and in accordance with the relevant provisions of Community law. 6. With regard to non-Community air carriers and to aircraft operators using aircraft registered outside the Community, the sanctions may include refusal of the right to land on the territory of a Member State. 7. Where Member States are not satisfied that the conditions of this Regulation are met, they shall not allow an aircraft to take off, before the air carrier or aircraft operator concerned has produced evidence of adequate insurance cover in accordance with this Regulation. Article 9 Committee procedure 1. The Commission shall be assisted by the Committee set up by Article 11 of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (7). 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its rules of procedure. 4. The Committee may furthermore be consulted by the Commission on any other matter concerning the application of this Regulation. Article 10 Report and cooperation 1. The Commission shall submit a report to the European Parliament and the Council on the operation of this Regulation by 30 April 2008. 2. Upon request, Member States shall submit information on the application of this Regulation to the Commission. Article 11 Entry into force This Regulation shall enter into force twelve months following the date of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Strasbourg, 21 April 2004. For the European Parliament The President P. COX For the Council The President D. ROCHE (1) OJ C 20 E, 28.1.2003, p. 193. (2) OJ C 95, 23.4.2003, p. 16. (3) Opinion of the European Parliament of 13 May 2003 (not yet published in the Official Journal), Council Common Position of 5 December 2003 (OJ C 54 E, 2.3.2004, p. 40), Position of the European Parliament of 11 March 2004 (not yet published in the Official Journal) and Decision of the Council of 30 March 2004. (4) OJ L 194, 18.7.2001, p. 38. (5) OJ L 240, 24.8.1992, p. 1. (6) OJ L 184, 17.7.1999, p. 23. (7) OJ L 240, 24.8.1992, p. 8. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

Summary: Liability insurance of air carriers Liability insurance of air carriers SUMMARY OF: Regulation (EC) No 785/2004 on insurance requirements for air carriers and aircraft operators WHAT IS THE AIM OF THE REGULATION? It establishes minimum insurance requirements for air carriers and aircraft operators in respect of passengers, baggage, cargo and third parties. KEY POINTS Scope This regulation applies to all air carriers and to all aircraft operators flying within, into, out of or over the territory of an EU country. Air carriers and aircraft operators must be insured, in particular in respect of: passengers, baggage, cargo and third parties, risks associated with aviation-specific liability (including acts of war, terrorism, hijacking, acts of sabotage, unlawful seizure of aircraft and civil commotion). It does not apply to: state aircraft (military, customs or police aircraft); model aircraft with a maximum take-off mass (MTOM)* of less than 20 kg; foot-launched flying machines (including powered paragliders and hang gliders); captive balloons; kites; parachutes (including parascending parachutes); aircraft, including gliders, with an MTOM of less than 500 kg, and microlights, which are used for non-commercial purposes, or for local flight instruction that does not entail the crossing of international borders (in so far as the insurance obligations under this regulation relating to the risks of war and terrorism are concerned). Compliance Air carriers and, when so required, aircraft operators, must show that they comply with the regulation by providing the competent authorities of the EU country concerned* with an insurance certificate or other evidence of valid insurance.Insurance in respect of liability for passengers, baggage and cargo For liability in respect of passengers, the minimum insurance cover is 250,000 SDRs* per passenger. However, in respect of non-commercial operations by aircraft with a MTOM of 2,700 kg or less, EU countries may set a lower level of minimum insurance cover, but not below 100,000 SDRs per passenger. For liability in respect of baggage, the minimum insurance cover must be 1,288 SDRs per passenger in commercial operations (Delegated Regulation (EU) 2020/1118). For liability in respect of cargo, the minimum insurance cover must be 22 SDRs per kilogram in commercial operations (Delegated Regulation (EU) 2020/1118).Insurance in respect of liability for third parties The minimum insurance cover per accident and per aircraft depends on the MTOM of the aircraft.Enforcement and sanctions EU countries must ensure that air carriers and aircraft operators comply with the regulation. Any sanctions for infringements must be effective, proportional and dissuasive. For EU air carriers, sanctions may include the withdrawal of the operating licence. With regard to non-EU air carriers and to aircraft operators using aircraft registered outside the EU, the sanctions may include refusal of the right to land on the territory of an EU country. If an EU country is not satisfied that the conditions are met, it must prohibit an aircraft from taking off until the air carrier or aircraft operator concerned has produced evidence of adequate insurance cover. To take inflation into account, Regulation (EU) No 285/2010 revised the compensation limits in Regulation (EC) No 785/2004. FROM WHEN DOES THE REGULATION APPLY? It has applied since 30 April 2005. BACKGROUND For more information, see: Air — insurance (European Commission). KEY TERMS Maximum take-off mass: this corresponds to a certified amount specific to all aircraft types as stated in the certificate of airworthiness of the aircraft. EU country concerned: the EU country which has granted the operating licence to the EU air carrier or where the aircraft of the aircraft operator is registered. For non-EU air carriers and aircraft operators using aircraft registered outside the EU, this refers to the EU country that the flights are operated to or from. SDR: special drawing right or a potential claim on the freely usable currencies of International Monetary Fund members (SDR as defined by the International Monetary Fund). MAIN DOCUMENT Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators (OJ L 138, 30.4.2004, pp. 1-6) Successive amendments and corrections to Regulation (EC) No 785/2004 have been incorporated into the basic text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (OJ L 295, 12.11.2010, pp. 35-50) See consolidated version. Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (recast) (OJ L 293, 31.10.2008, pp. 3-20) See consolidated version. Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents (OJ L 140, 30.5.2002, pp. 2-5) Council Decision 2001/539/EC of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) (OJ L 194, 18.7.2001, p. 38) Communication from the Commission to the European Parliament and the Council — Insurance requirements for aircraft operators in the EU — A report on the operation of Regulation 785/2004 (COM(2008) 216 final of 24.4.2008) last update 13.08.2020


EUR-Lex - 31965R0019 - EN Avis juridique important | 31965R0019 Regulation No 19/65/EEC of 2 March of the Council on application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices Official Journal 036 , 06/03/1965 P. 0533 - 0535 Finnish special edition: Chapter 8 Volume 1 P. 0036 Danish special edition: Series I Chapter 1965-1966 P. 0031 Swedish special edition: Chapter 8 Volume 1 P. 0036 English special edition: Series I Chapter 1965-1966 P. 0035 Greek special edition: Chapter 08 Volume 1 P. 0059 Spanish special edition: Chapter 08 Volume 1 P. 0085 Portuguese special edition Chapter 08 Volume 1 P. 0085 REGULATION No 19/65/EEC OF THE COUNCIL of 2 March 1965 on application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practicesTHE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY, Having regard to the Treaty establishing the European Economic Community, and in particular Article 87 thereof; Having regard to the proposal from the Commission; Having regard to the Opinion of the European Parliament (1); Having regard to the Opinion of the Economic and Social Committee (2); Whereas Article 85 (1) of the Treaty may in accordance with Article 85 (3) be declared inapplicable to certain categories of agreements, decisions and concerted practices which fulfil the conditions contained in Article 85 (3); Whereas the provisions for implementation of Article 85 (3) must be adopted by way of regulation pursuant to Article 87; Whereas in view of the large number of notifications submitted in pursuance of Regulation No 17(3) it is desirable that in order to facilitate the task of the Commission it should be enabled to declare by way of regulation that the provisions of Article 85 (1) do not apply to certain categories of agreements and concerted practices; Whereas it should be laid down under what conditions the Commission, in close and constant liaison with the competent authorities of the Member States, may exercise such powers after sufficient experience has been gained in the light of individual decisions and it becomes possible to define categories of agreements and concerted practices in respect of which the conditions of Article 85 (3) may be considered as being fulfilled; Whereas the Commission has indicated by the action it has taken, in particular by Regulation No 153, (4) that there can be no easing of the procedures prescribed by Regulation No 17 in respect of certain types of agreements and concerted practices that are particularly liable to distort competition in the common market; Whereas under Article 6 of Regulation No 17 the Commission may provide that a decision taken pursuant to Article 85 (3) of the Treaty shall apply with retroactive effect ; whereas it is desirable that the Commission be also empowered to adopt, by regulation, provisions to the like effect; Whereas under Article 7 of Regulation No 17 agreements, decisions and concerted practices may, by decision of the Commission, be exempted from prohibition in particular if they are modified in such manner that they statisfy the requirements of Article 85 (3) ; whereas it is desirable that the Commission be enabled to grant like exemption by regulation to such agreements and concerted practices if they are modified in such manner as to fall within a category defined in an exempting regulation; Whereas, since there can be no exemption if the conditions set out in Article 85 (3) are not satisfied, the Commission must have power to lay down by decision the conditions that must be satisfied by an agreement or concerted practice which owing to special circumstances has certain effects incompatible with Article 85 (3); (1) OJ No 81, 27.5.1964, p. 1275/64. (2) OJ No 197, 30.11.1964, p. 3320/64. (3) OJ No 13, 21.2.1962, p. 204/62 (Regulation No 17 as amended by Regulation No 59 - OJ No 58, 10.7.1962, p. 1655/62 - and Regulation No 118/63/EEC - OJ No 162, 7.11.1963, p. 2696/63. (4) OJ No 139, 24.12.1962, p. 2918/62. HAS ADOPTED THIS REGULATION: Article 1 1. Without prejudice to the application of Council Regulation No 17 and in accordance with Article 85 (3) of the Treaty the Commission may by regulation declare that Article 85 (1) shall not apply to categories of agreements to which only two undertakings are party and: (a) - whereby one party agrees with the other to supply only to that other certain goods for resale within a defined area of the common market ; or - whereby one party agrees with the other to purchase only from that other certain goods for resale ; or - whereby the two undertakings have entered into obligations, as in the two preceding subparagraphs, with each other in respect of exclusive supply and purchase for resale; (b) which include restrictions imposed in relation to the acquisition or use of industrial property rights-in particular of patents, utility models, designs or trade marks-or to the rights arising out of contracts for assignment of, or the right to use, a method of manufacture or knowledge relating to the use or to the application of industrial processes. 2. The regulation shall define the categories of agreements to which it applies and shall specify in particular: (a) the restrictions or clauses which must not be contained in the agreements; (b) the clauses which must be contained in the agreements, or the other conditions which must be satisfied. 3. Paragraphs 1 and 2 shall apply by analogy to categories of concerted practices to which only two undertakings are party. Article 2 1. A regulation pursuant to Article 1 shall be made for a specified period. 2. It may be repealed or amended where circumstances have changed with respect to any factor which was basic to its being made ; in such case, a period shall be fixed for modification of the agreements and concerted practices to which the earlier regulation applies. Article 3A regulation pursuant to Article 1 may stipulate that it shall apply with retroactive effect to agreements and concerted practices to which, at the date of entry into force of that regulation, a decision issued with retroactive effect in pursuance of Article 6 of Regulation No 17 would have applied. Article 4 1. A regulation pursuant to Article 1 may stipulate that the prohibition contained in Article 85 (1) of the Treaty shall not apply, for such period as shall be fixed by that regulation, to agreements and concerted practices already in existence on 13 March 1962 which do not satisfy the conditions of Article 85 (3), where: - within three months from the entry into force of the Regulation, they are so modified as to satisfy the said conditions in accordance with the provisions of the regulation ; and - the modifications are brought to the notice of the Commission within the time limit fixed by the regulation. 2. Paragraph 1 shall apply to agreements and concerted practices which had to be notified before 1 February 1963, in accordance with Article 5 of Regulation No 17, only where they have been so notified before that date. 3. The benefit of the provisions laid down pursuant to paragraph 1 may not be claimed in actions pending at the date of entry into force of a regulation adopted pursuant to Article 1 ; neither may it be relied on as grounds for claims for damages against third parties. Article 5Before adopting a regulation, the Commission shall publish a draft thereof and invite all persons concerned to submit their comments within such time limit, being not less than one month, as the Commission shall fix. Article 6 1. The Commission shall consult the Adivsory Committee on Restrictive Practices and Monopolies: (a) before publishing a draft regulation; (b) before adopting a regulation. 2. Article 10 (5) and (6) of Regulation No 17, relating to consultation with the Advisory Committee, shall apply by analogy, it being understood that joint meetings with the Commission shall take place not earlier than one month after dispatch of the notice convening them. Article 7Where the Commission, either on its own initiative or at the request of a Member State or of natural or legal persons claiming a legitimate interest, finds that in any particular case agreements or concerted practices to which a regulation adopted pursuant to Article 1 of this Regulation applies have nevertheless certain effects which are incompatible with the conditions laid down in Article 85 (3) of the Treaty, it may withdraw the benefit of application of that regulation and issue a decision in accordance with Articles 6 and 8 of Regulation No 17, without any notification under Article 4 (1) of Regulation No 17 being required. Article 8The Commission shall, before 1 January 1970, submit to the Council a proposal for a Regulation for such amendment of this Regulation as may prove necessary in the light of experience. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 2 March 1965. For the Council The President M. COUVE DE MURVILLE

Summary: EU rules on concerted practices and agreements between companies EU rules on concerted practices and agreements between companies SUMMARY OF: Regulation No 19/65/EEC on application of EU treaties to certain types of agreements and concerted practices between companies Article 101 of the Treaty on the Functioning of the European Union (TFEU) - competition rules applying to companies WHAT IS THE AIM OF ARTICLE 101 TFEU AND OF THE REGULATION? Article 101(1) TFEU1 bans agreements and concerted practices* between companies and groups of companies that may affect trade between EU countries and whose purpose is to prevent, restrict or distort competition within the EU’s single market. Article 101 (2) states that all agreements that fall within the scope of Article 101(1) are void unless they are exempted under Article 101(3). Article 101(3), however, allows for exceptions to be made to this rule where these agreements or practices: benefit the production or distribution of goods; or promote economic or technical progress; and allow consumers a fair share of the resulting benefit. The regulation applies Article 101(3) TFEU to certain types of agreements and concerted practices between companies where their pro-competitive benefits are greater than their anti-competitive impact. 1 Note: Article 101 was previously Article 81 of the Treaty establishing the European Community, as amended by the Treaty of Amsterdam. Prior to that, it was Article 85 of the Treaty of Rome. KEY POINTS The regulation empowers the European Commission to apply Article 101(3) TFEU by regulation to certain categories of vertical agreements* and corresponding concerted practices falling within the ambit of Article 101(1) TFEU. It lays down the conditions whereby the Commission, having consulted interested parties and the Advisory Committee on restrictive practices and dominant positions, may adopt a regulation declaring that Article 101(1) does not apply to an individual case or to categories of agreements: entered into by 2 or more companies, each operating at a different level of the production or distribution chain, and which relate to the conditions under which the parties may purchase, sell or resell certain goods and services; to which only 2 companies are party and which include restrictions in relation to acquiring or using industrial property rights, such as patents, utility models, designs or trade marks, or the rights arising out of contracts for assignment of, or the right to use, a method of manufacture or knowledge relating to the use or to the application of industrial processes. The Commission’s regulation defines the categories of agreements to which it applies and stipulates the restrictions or clauses which may not be contained in the agreements. The same rules apply in relation to categories of concerted practices. The regulation may also stipulate the conditions which may lead to the exclusion from its application of certain parallel networks of similar agreements or concerted practices operating on a particular market. Such regulations: are adopted for a specified period; may be amended or repealed where the circumstances on which they are based have changed; may be issued with retroactive effect. Further to a 1997 Commission green paper on vertical restraints in EU competition policy, Regulation 19/65 was amended, along with Regulation No 17/62 (the first EU competition policy regulation adopted cto implement Articles 85 and 86 of the Treaty of Rome) to pave the way for a single block exemption (BER) regulation for vertical supply and distribution agreements (Regulation (EU) No 330/2010). The Commission has also issued guidelines on vertical restraints clarifying the conditions for the application of the BER regulation. FROM WHEN DOES THE REGULATION APPLY? The regulation has applied since 6 March 1965. BACKGROUND For more information, see: Exempted agreements (Article 101(3) TFEU) (European Commission). KEY TERMS Concerted practices: practices which, whether with or without a formal agreement being concluded between the parties, are anti-competitive. They may result from either direct or indirect contact between companies whose intention is to either influence the conduct of the market or to disclose intended future behaviour to competitors. Vertical agreements: agreements between firms operating at different levels of the supply chain, for example, where one company supplies the second company’s production materials. MAIN DOCUMENT Consolidated version of the Treaty on the Functioning of the European Union – Part Three – Union policies and internal actions – Title VII – Common rules on competition, taxation and approximation of laws – Chapter 1 – Rules on competition – Section 1 – Rules applying to undertakings – Article 101 (ex Article 81 TEC) (OJ C 202, 7.6.2016, pp. 88-89) Regulation No 19/65/EEC of 2 March of the Council on application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices (English special edition: Series 1 Volume 1965-1966, pp. 35-37) Successive amendments to Regulation No 19/65/EEC have been incorporated in the basic text. This consolidated version is of documentary value only. RELATED DOCUMENTS Guidelines on Vertical Restraints (OJ C 130, 19.5.2010, pp. 1-46) Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (OJ L 102, 23.4.2010, pp. 1-7) See consolidated version. Green Paper on vertical restraints in EC competition policy (COM(96) 721 final, 20.1.1997) EEC Council: Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty (English special edition: Series I Volume 1959-1962 pp. 87-93) See consolidated version. last update 08.01.2019