Carriage by air: unification of certain rules, approval of the Montreal Convention

PURPOSE : to present a proposal on the approval by the European Communities of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention). CONTENT : the Commission is hereby proposing the ratification by the Community of the new Convention for the ratification of the Unification of Certain Rules for International Carriage by Air signed on 28 May 1999 - the "Montreal Convention". The Montreal Convention establishes a modernised and uniform legal framework to govern liability of airlines for damage to passengers, baggage and cargo incurred during international journeys. It represents a considerable improvement over the current international regime in this area - the system based on the Warsaw Convention of 1929 - and will completely replace that regime over time. The new Convention's provisions on carriage of passengers are in line with the key elements of Council Regulation 2027/97/EC, which set up a modern liability regime for European Community airlines in the event of death and injury of their passengers. There will be no detrimental effects on EC passengers as a result of harmonisation on the new international standards. The proposal for Community ratification of the Montreal Convention follows-on from the Commission's earlier proposal for signature of the Convention and the Community's subsequent signature of the Convention of 9 December 1999. Since Community law exists in the area of liability for death and injury of passengers, it is necessary for the Community to accede to the Convention alongside its Member States. Only in this way can the Convention be properly incoporated into Community law.�