Convention for the Unification of Certain Rules for International Carriage by Air
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Argentina | Yes | No |
Austria | Yes | No |
Azerbaijan | Yes | No |
Belgium | Yes | No |
Brunei | Yes | No |
Canada | Yes | No |
Chile | Yes | No |
China | Yes | No |
Czech Republic | Yes | No |
Denmark | Yes | No |
EU (European Union) | Yes | No |
Finland | Yes | No |
France | Yes | No |
Germany | Yes | No |
Greece | Yes | No |
Guatemala | Yes | No |
Ireland | Yes | No |
Israel | Yes | No |
Italy | Yes | No |
Japan | Yes | No |
Lithuania | Yes | No |
Luxembourg | Yes | No |
Malaysia | Yes | No |
Montenegro | Yes | No |
Nepal | Yes | No |
Netherlands, the Kingdom of the | Yes | No |
New Zealand | Yes | No |
Philippines | Yes | No |
Portugal | Yes | No |
Qatar | Yes | No |
Russian Federation | Yes | No |
Singapore | Yes | No |
Spain | Yes | No |
Sri Lanka | Yes | No |
Sweden | Yes | No |
Thailand | Yes | No |
Togo | Yes | No |
Türkiye | Yes | No |
United Kingdom | Yes | No |
United States of America | Yes | No |
Vietnam | Yes | No |
Argentina
16-12-2009
The instrument of accession by Argentina contains the following "interpretative declaration":
"For the Argentine Republic, the term "bodily injury" in Article 17 of this treaty
includes mental injury related to bodily injury, or any other mental injury which
affects the passenger’s health in such a serious and harmful way that his or her ability
to perform everyday tasks is significantly impaired."
Austria
29-04-2004
The Republic of Austria declares according to Article 57 of the Convention for the
Unification of Certain Rules for International Carriage by Air of 28 May 1999 that
this Convention shall not apply to:
a) international carriage by air performed and operated directly by the Republic of
Austria for non-commercial purposes in respect to its functions and duties as a sovereign
State;
b) the carriage of persons, cargo and baggage for the military authorities on aircraft
registered in or leased by the Republic of Austria, the whole capacity of which has
been reserved on behalf of such authorities.
Azerbaijan
10-02-2015
The Republic of Azerbaijan, in accordance with Article 57 of the Convention for the
Unification of Certain Rules for International Carriage by Air, done at Montreal on
May 28, 1999, declares that the provisions of the Convention shall not apply to:
a) international carriage by air performed and operated directly by the Republic of
Azerbaijan for non-commercial purposes in respect to its functions and duties as a
sovereign State; and
b) the carriage of persons, cargo and baggage for its military authorities on aircraft
registered in or leased by the Republic of Azerbaijan, the whole capacity of which
has been reserved by or on behalf of such authorities
Belgium
28-05-1999
Upon signature of the Convention, this State, Member State of the European Community, declared that, "in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention."
15-07-2004
By a Note dated 15 July 2004 from the Minister of Foreign Affairs, Belgium transmitted
to ICAO the following declaration in accordance with Article 57:
the Convention does not apply to:
a) international carriage by air performed and operated directly by Belgium for non-commercial
purposes in respect to its functions and duties as a sovereign State;
b) the carriage of persons, cargo and baggage for its military authorities on aircraft
registered in or leased by Belgium, the whole capacity of which has been reserved
by or on behalf of such authorities.
Brunei
18-03-2020
In accordance with Article 57, the Convention shall not apply to:
a) international carriage by air performed and operated directly by the Government
of Brunei Darussalam for non-commercial purposes in respect to its functions and duties
as a sovereign State; and
b) the carriage of persons, cargo and baggage for its military authorities on aircraft
registered in or leased by the Government of Brunei Darussalam, the whole capacity
of which has been reserved by or on behalf of such authorities
Canada
19-11-2002
Canada declares, in accordance with Article 57 of the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 and signed by Canada on 1 October 2001, that the Convention does not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by Canada, the whole capacity of which has been reserved by or on behalf of such authorities [Article 57(b)].
Chile
19-03-2009
The instrument of ratification by Chile contains the following reservation in accordance with Article 57 (b): "The Republic of Chile declares that the Convention shall not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft registered in or leased by that State Party, the whole capacity of which has been reserved by or on behalf of such authorities."
China
01-06-2005
The Convention does not apply in the Hong Kong Special Administrative Region of the
People's Republic of China until notified otherwise by the Government of the People's
Republic of China.
The Convention applies in the Macao Special Administrative Region of the People's
Republic of China.
20-10-2006
Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the PRC provides that the application to the Hong Kong Special Administrative Region of the PRC of international agreements to which the PRC is or becomes a party shall be decided by the Central People’s Government in accordance with the circumstances and needs of the Region and after seeking the views of the Government of the Region. In consultation with the Government of the Hong Kong Special Administrative Region, the Government of the PRC has decided to apply the Convention in the Hong Kong Special Administrative Region of the PRC from the date of December 15, 2006.
Czech Republic
16-11-2000
Upon deposit of its instrument of ratification, the Czech Republic notified ICAO that "as a Member of the International Monetary Fund, [the Czech Republic] shall proceed in accordance with Article 23, paragraph 1 of the Convention."
Denmark
28-05-1999
Upon signature of the Convention, this State, Member State of the European Community, declared that, "in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention."
29-04-2004
The instrument of ratification by Denmark contains a declaration that until later decision, the Convention will not be applied to the Faroe Islands.
EU (European Union)
29-04-2004
Declaration concerning the competence of the European Community with regard to matters
governed by the Convention of 28 May 1999 for the unification of certain rules for
international carriage by air (the Montreal Convention):
1. The Montreal Convention provides that Regional Economic Integration Organisations
constituted by sovereign States of a given region, which have competence in respect
of certain matters governed by this Convention, may become parties to it.
2. The current Member States of the European Community are the Kingdom of Belgium,
the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the
Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy
of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese
Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of
Great Britain and Northern Ireland.
3. This declaration is not applicable to the territories of the Member States in which
the Treaty establishing the European Community does not apply and is without prejudice
to such acts or positions as may be adopted under the Convention by the Member States
concerned on behalf of and in the interests of those territories.
4. In respect of matters covered by the Convention, the Member States of the European
Community have transferred competence to the Community for liability for damage sustained
in case of death or injury of passenger. The Member States have also transferred competence
for liability for damage caused by delay and in the case of destruction, loss, damage
or delay in the carriage of baggage. This includes requirements on passenger information
and a minimum insurance requirement. Hence, in this field, it is for the Community
to adopt the relevant rules and regulations (which the Member States enforce) and
within its competence to enter into external undertakings with third States or competent
organisations.
5. The exercise of competence which the Member States have transferred to the Community
pursuant to the EC Treaty is, by its nature, liable to continuous development. In
the framework of the Treaty, the competent institutions may take decisions which determine
the extent of the competence of the European Community. The European Community therefore
reserves the right to amend the present declaration accordingly, without this constituting
a prerequisite for the exercise of its competence with regard to matters governed
by the Montreal Convention.
31-01-2020
Annex to the Note Verbale [to ICAO] on the Agreement on the withdrawal of the United
Kingdom of Great Britain and Northern Ireland from the European Union and the European
Atomic Energy Community.
1. On 29 March 2017, the Government of the United Kingdom of Great Britain and Northern
Ireland (the “United Kingdom”) notified the European Council of the United Kingdom’s
intention to withdraw from the European Union (“Union”) and the European Atomic Energy
Community (“Euratom”) in accordance with Article 50 of the Treaty on European Union.
On 22 March 2019, the European Council decided in agreement with the United Kingdom
to extend the period provided for in Article 50(3) of the Treaty on European Union
until 12 April 2019. On 10 April 2019, the European Council decided in agreement with
the United Kingdom to extend the period provided for in Article 50(3) of the Treaty
on European Unon until 31 October 2019. On 29 October 2019, the European Council decided
in agreement with the United Kingdom to extend the period provided for in Article
50(3) of the Treaty on European Union until 31 January 2020. The United Kingdom will
therefore cease to be a Member State of the European Union and of Euratom on 1 February
2020.
2. On 24 January 2020, the Union and Euratom, and the United Kingdom, in accordance
with Article 50, paragraph 2, of the Treaty on European Union, signed an Agreement
setting out the arrangements for the withdrawal of the United Kingdom from the Union
and Euratom (“Withdrawal Agreement”). The Withdrawal Agreement will enter into force
on 1 February 2020, subject to its prior ratification by the United Kingdom and conclusion
by the Union and Euratom.
3. In order to address the specific situation of the withdrawal of the United Kingdom
from the Union and Euratom, the Withdrawal Agreement provides for a time-limited transition
period during which, save certain very limited exceptions, Union law shall be applicable
to and in the United Kingdom and that any reference to Member States in Union law,
including as implemented and applied by Member States, shall be understood as including
the United Kingdom.
4. The Union and Euratom, and the United Kingdom have agreed that Union law within
the meaning of the Withdrawal Agreement encompasses international agreements concluded
by the Union (or Euratom), or by Member States acting on behalf of the Union (or Euratom),
or by the Union (or Euratom) and its Member States jointly.
5. Subject to timely ratification and conclusion of the Withdrawal Agreement, the
Union and Euratom notify parties to the international agreements referred to in point
4 above that, during the transition period, the United Kingdom is treated as a Member
State of the Union and of Euratom for the purposes of these international agreements.
6. It is understood that the principles set out in this Annex also extend to international
instruments and arrangements without legally binding force entered into by the Union
or Euratom and to international agreements referred to in point 4 above which are
provisionally applied.
7. The provisions relating to the transition period are laid down in Part Four (Articles
126 to 132) of the Withdrawal Agreement, to be read in conjunction with the other
relevant provisions of the Withdrawal Agreement, in particular its Part One.
8. The transition period starts on 1 February 2020 and ends on 31 December 2020, but
the Withdrawal Agreement foresees the possibility of adopting a single decision extending
the transition period for up to 24 months. In the event of an extension, the Union
and Euratom will communicate this by a further Note Verbale.
9. At the end of the transition period, the United Kingdom will no longer be covered
by the international agreements referred to in points 4 and 6 above. This is without
prejudice to the status of the United Kingdom in relation to multilateral agreements
to which it is a party in its own right.
Finland
13-07-2000
By a note dated 13 July 2000, Finland transmitted a declaration dated 7 July 2000 signed by the Minister for Foreign Trade, setting forth the wording: in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention.
France
28-05-1999
Upon signature of the Convention, this State, Member State of the European Community, declared that, "in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention."
Germany
28-05-1999
Upon signature of the Convention, this State, Member State of the European Community, declared that, "in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention."
29-04-2004
In accordance with Article 57 of the Convention of for the Unification of Certain Rules for International Carriage by Air of 28 May 1999, the Federal Republic of Germany declares that the Convention shall not apply to international carriage by air performed and operated directly by the Federal Republic of Germany for non-commercial purposes in respect to its functions and duties as a sovereign State or to the carriage of persons, cargo and baggage for the military authorities of the Federal Republic of Germany on aircraft registered in or leased by the Federal Republic of Germany, the whole capacity of which has been reserved by or on behalf of such authorities.
Greece
28-05-1999
Upon signature of the Convention, this State, Member State of the European Community, declared that, "in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention."
Guatemala
07-06-2016
The Republic of Guatemala states that the Convention for the Unification of Certain
Rules for International Carriage by Air, done in Montreal on 28 May 1999, shall not
apply to international air transport operations conducted directly by the State of
Guatemala for non-commercial purposes relating to its functions and obligations as
a sovereign State, nor to the carriage of persons, cargo or equipment for its military
command on aircraft registered in or leased by the State of Guatemala, the full capacity
of which has been reserved by or on behalf of said military command.
[…] to calculate the value of its national currency in Special Drawing Rights, the
Republic of Guatemala, as a member of the International Monetary Fund, shall adhere
to the provisions set forth in the third sentence of Article 23(1) of the Convention.
Ireland
16-08-2000
Upon signature of the Convention, this State, Member State of the European Community, declared that, "in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention."
Israel
19-01-2011
The instrument of accession by Israel contains the following declaration in accordance
with Article 57: "The Convention shall not apply to:
a) international carriage by air performed and operated directly by the State of Israel
for non-commercial purposes in respect to its functions and duties as a sovereign
State; and/or
b) the carriage of persons, cargo and baggage for its military authorities on aircraft
registered in or leased by the State of Israel, the whole capacity of which has been
reserved by or on behalf of such authorities."
Italy
28-05-1999
Upon signature of the Convention, this State, Member State of the European Community, declared that, "in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention."
Japan
24-10-2003
[…] in accordance with Article 57(a) of the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999, the Government of Japan declares that this Convention shall not apply to international carriage by air performed and operated directly by the Government of Japan for non-commercial purposes in respect to its functions and duties as a sovereign State.
Lithuania
30-11-2004
[...] in accordance with Article 57, the Seimas of the Republic of Lithuania declares
that this Convention shall not apply to international carriage by air performed and
operated directly by the Republic of Lithuania for non-commercial purposes in respect
to its functions and duties as a sovereign State; and also shall not apply to the
carriage of persons, cargo and baggage for its military authorities on aircraft registered
in or leased by the Republic of Lithuania, the whole capacity of which has been reserved
by or on behalf of such authorities.
[...] in accordance with the Treaty establishing the European Community, the Seimas
of the Republic of Lithuania declares that the Community has competence to take actions
in certain matters governed by the Convention.
Luxembourg
03-10-2000
The Grand Duchy of Luxembourg, Member State of the European Community, declares that in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention.
Malaysia
31-12-2007
The instrument of accession by Malaysia is accompanied by the following reservation:
"Malaysia, in accordance with Article 57 (b) of the Montreal Convention, declares
that the Convention shall not
apply to the carriage of persons, cargo and baggage for its military authorities on
aircraft registered in or leased by Malaysia, the whole capacity of which has been
reserved by or on behalf of such authorities."
Montenegro
15-01-2010
The instrument of accession by Montenegro contains the following reservation in accordance
with Article 57: "this Convention shall not apply to:
a) international carriage by air performed and operated directly by Montenegro for
non-commercial purposes in respect to its functions and duties as a sovereign State;
b) the carriage of persons, cargo and baggage for its military authorities on aircraft
registered in or leased by Montenegro, the whole capacity of which has been reserved
by or on behalf of such authorities."
Nepal
16-10-2018
The instrument of accession by Nepal contains the following declaration in accordance
with Article 57:
the Convention shall not apply to:
a) International carriage by air performed and operated directly by the Government
of Nepal for non-commercial purposes in respect to its functions and duties as a sovereign
State; and/or
b) The carriage of persons, cargo and baggage for its military authorities on aircraft
registered in or leased by the Government of Nepal, the whole capacity of which has
been reserved by or on behalf of such authorities.
Netherlands, the Kingdom of the
29-04-2004
The Kingdom of the Netherlands, Member State of the European Community, declares that in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention.
New Zealand
18-11-2002
Upon deposit of its instrument of accession (deemed to be an instrument of ratification), New Zealand declared that this accession shall extend to Tokelau.
Philippines
19-10-2015
The instrument of accession by the Philippines contains the following declaration
in accordance with Article 57: "the Convention shall not apply to:
a) international carriage by air performed and operated directly by the Philippines
for non-commercial purposes in respect of its functions and duties as a sovereign
State; and
b) the carriage of persons, cargo and baggage for its military authorities on aircraft
registered in or leased by the Philippines, the whole capacity of which has been reserved
by or on behalf of such authorities."
Portugal
28-05-1999
Upon signature of the Convention, this State, Member State of the European Community, declared that, "in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention."
Qatar
15-11-2004
In its instrument of accession, Qatar confirmed the application of the following declaration
in accordance with Article 57:
"the Convention does not apply to:
a) international carriage by air performed and operated directly by that State Party
for non-commercial purposes in respect to its functions and duties as a sovereign
State, and/or
b) the carriage of persons, cargo and baggage for its military authorities on aircraft
registered in or leased by that State Party, the whole capacity of which has been
reserved by or on behalf of such authorities."
Russian Federation
22-06-2017
The instrument of accession by the Russian Federation contains the following declaration
in accordance with Article 57:
The Russian Federation declares, pursuant to Article 57 of the Convention, that it
retains the right not to apply the provisions of the Convention with respect to:
a) international carriage by air performed and operated directly by the Russian Federation
for non-commercial purposes in respect to its functions and duties as a sovereign
State;
b) the carriage of persons, cargo and baggage for its military authorities on aircraft
registered in or leased by the Russian Federation, the whole capacity of which has
been reserved by or on behalf of such authorities.
Singapore
17-09-2007
The instrument of accession by Singapore contains the following declaration in accordance
with Article 57: "the Convention shall not apply to:
a) international carriage by air performed and operated directly by the Republic of
Singapore for non-commercial purposes in respect to its functions and duties as a
sovereign State; and
b) the carriage of persons, cargo and baggage for its military authorities on aircraft
registered in or leased
by the Republic of Singapore, the whole capacity of which has been reserved by or
on behalf of such
authorities."
Spain
29-04-2004
The Kingdom of Spain, Member State of the European Community, declares that in accordance
with the Treaty establishing the European Community, the Community has competence
to take actions in certain matters governed by the Convention.
In accordance with the provisions of Article 57, the Convention shall not apply to:
a) international carriage by air performed and operated directly by Spain for non-commercial
purposes in respect to its functions and duties as a sovereign State;
b) the carriage of persons, cargo and baggage for its military authorities on aircraft
registered in or leased by Spain, the whole capacity of which has been reserved by
or on behalf of such authorities.
Sri Lanka
19-11-2018
Sri Lanka declared that the terms have been examined and found to be acceptable to
the Government of the Democratic Socialist Republic of Sri Lanka subject to reservations
declared below as per Article 57 of the Convention:
(a) international carriage by air performed and operated directly by that State Party
for non –commercial purposes in respect to its functions and duties as a sovereign
State; and/or
(b) the carriage of persons, cargo and baggage for its military authorities on aircraft
registered in or leased by that State Party, the whole capacity of which has been
reserved by or on behalf of such authorities.
Sweden
27-08-1999
Upon signature of the Convention, this State, Member State of the European Community, declared that, "in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention."
Thailand
03-08-2017
The instrument of accession by Thailand contains the following declaration in accordance
with Article 57:
“the Convention shall not apply to:
a) international carriage by air performed and operated directly by the Kingdom of
Thailand for non-commercial purposes in respect to its functions and duties as a sovereign
State; and
b) the carriage of persons, cargo and baggage for its military authorities on aircraft
registered in or leased by the Kingdom of Thailand, the whole capacity of which has
been reserved by or on behalf of such authorities.”
Togo
27-09-2016
The instrument of ratification by the Togolese Republic contains the following declaration
in accordance with Article 57: the Convention shall not apply to:
a) international carriage by air performed and operated directly by Togo for
non-commercial purposes in respect to its functions and duties as a sovereign State;
and
b) the carriage of persons, cargo and baggage for the Togolese military authorities
on aircraft registered in Togo or leased by Togo, the whole capacity of which has
been reserved by or on behalf of such authorities.
Türkiye
25-01-2011
The instrument of ratification by Turkey contains the following declaration in accordance
with Article 57:
“The said Convention shall not apply to international carriage by air performed and
operated directly by the
Republic of Turkey for non-commercial purposes in respect to its functions and duties
as a Sovereign State and
to the carriage of persons, cargo and baggage for Turkish military authorities on
aircraft registered in or leased
by the Republic of Turkey, the whole capacity of which has been reserved by or on
behalf of such authorities.”
United Kingdom
28-05-1999
Upon signature of the Convention, this State, Member State of the European Community, declared that, "in accordance with the Treaty establishing the European Community, the Community has competence to take actions in certain matters governed by the Convention."
United States of America
05-09-2003
Pursuant to Article 57 of the Convention, the United States of America declares that the Convention shall not apply to international carriage by air performed and operated directly by the United States of America for non-commercial purposes in respect to the functions and duties of the United States of America as a sovereign State.
Vietnam
27-09-2018
The instrument of accession by Viet Nam contains the following declaration in accordance
with Article 57: the Convention shall not apply to:
a. international carriage by air performed and operated directly by the Socialist
Republic of Viet Nam for non-commercial purposes in respect to its functions and duties
as a sovereign State; and/or
b. the carriage of persons, cargo and baggage for its military authorities on aircraft
registered in or leased by the Socialist Republic of Viet Nam, the whole capacity
of which has been reserved by or on behalf of such authorities.