Since the European Union signed the Montreal Convention in 1999, Community institutions have been trying to secure the unusual step of simultaneous ratification by all Member States and by the Community. This has, of course, run parallel with steps to modify EU Regulation 2027/97 to accord with MC99 (see, among others, issues 10 and 11 of BLG Aviation News).
Council Decision No. 2001/539/EC of 5 April 2001 provides for the President of the Council to deposit the Community’s instrument of ratification together with those of all Member States. As we know, Portugal and Greece have already taken this step – and although the Commission is reported as having contemplated some sanction, ICAO has accepted their deposit and they are among the initial 31 States for which MC99 is now in force. What, though, of progress among other Member States?
The majority have completed the domestic steps necessary to ratify. The relevant legislation, where known, is as follows:
Austria: Parliamentary decision dated 23 July 2003
Belgium: Law No. 2373/002
Denmark: Act No. 1074
Finland: Law No. 1228/2002 dated 20 December 2002
France: Loi No. 2003-380 dated 24 April 2003
Luxembourg: Loi dated 12 August 2003
Spain: Parliamentary authorisation dated 20 December 2000
Sweden: Law No. 2002:1130 dated 19 December 2002
Elsewhere, progress is not so quick. The full Italian Senate needs to approve the resolution of the lower house of 16 September 2003. In Ireland, the Air Navigation and Transport (Montreal Convention 1999) Bill is being drafted, but has yet to pass through the Dail. The legislative process has begun in the Netherlands but, as we understand it, no steps have yet been taken in Germany. This will take many months so full Community ratification seems to be unlikely before mid- 2004 at the earliest.
We are grateful to colleagues at Allen & Overy, De Brauw Blackstone Westbroek, McCann Fitzgerald, Pirola Pennuto Zei & Associati, Ehlers Ehlers & Partner, Soulez Larivière et Associés, Gahmberg, Hästö & Co, Ortner Pöch Foramitti, Arendt & Medernach, Aeroiuris Abogados, Lett & Co and Morssing & Nycander for their help in preparing this report.
The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.