Doc 9919CONVENTIONon Compensation for Damage Caused by Aircraft to Third PartiesSigned at Montréal on 2 May 2009____________CONVENTIONrelative à la réparation des dommages causés aux tiers par des aéronefsSignée à Montréal le 2 mai 2009____________CONVENIOsobre indemnización por daños causados a terceros por aeronavesFirmado en Montreal el 2 de mayo de 2009____________КОНВЕНЦИЯо возмещении ущерба, причиненного воздушными судами третьим лицамПодписана в Монреале 2 мая 2009 года____________关于航空器对第三方造成损害的赔偿的公约2009 年 5 月 2 日签订于蒙特利尔____________‫ﺍﺘﻔﺎﻗﻴﺔ‬‫ﺍﻟﺘﻌﻭﻴﺽ ﻋﻥ ﺍﻟﻀﺭﺭ ﺍﻟﺫﻱ ﺘﻠﺤﻘﻪ ﺍﻟﻁﺎﺌﺭﺍﺕ ﺒﺎﻷﻁﺭﺍﻑ ﺍﻟﺜﺎﻟﺜﺔ‬٢٠٠٩ ‫ﺍﻟﻤﻭﻗﻊ ﻋﻠﻴﻬﺎ ﻓﻲ ﻤﻭﻨﺘﺭﻴﺎل ﻓﻲ ٢ ﻤﺎﻴﻭ/ﺃﻴﺎﺭ‬2009INTERNATIONAL CIVIL AVIATION ORGANIZATIONORGANISATION DE L’AVIATION CIVILE INTERNATIONALEORGANIZACIÓN DE AVIACIÓN CIVIL INTERNACIONALМЕЖДУНАРОДНАЯ ОРГАНИЗАЦИЯ ГРАЖДАНСКОЙ АВИАЦИИ国际民用航空组织‫ﻤﻨﻅﻤﺔ ﺍﻟﻁﻴﺭﺍﻥ ﺍﻟﻤﺩﻨﻲ ﺍﻟﺩﻭﻟﻲ‬Certified to be a true and complete copyCopie certifiée conformeEs copia fiel y auténticaКопия точная и полная经认证的真实和完整的副本‫ﺻﻮرة ﻣﻌﺘﻤﺪة ﻃﺒﻖ اﻷﺻﻞ‬Director, Legal Affairs and External Relations BureauDirecteur des affaires juridiques et des relations extérieuresDirector de Asuntos jurídicos y Relaciones exterioresДиректор Управления по правовым вопросам и внешним сношениям法律事务和对外关系局局长‫ﻤﺩﻴﺭ ﺇﺩﺍﺭﺓ ﺍﻟﺸﺅﻭﻥ ﺍﻟﻘﺎﻨﻭﻨﻴﺔ ﻭﺍﻟﻌﻼﻗﺎﺕ ﺍﻟﺨﺎﺭﺠﻴﺔ‬ICAO OACI ИКАО 国际民航组织 ‫اﻻﯾﻜﺎو‬CONVENTIONon Compensation for Damage Caused by Aircraft to Third PartiesSigned at Montréal on 2 May 2009Published by ICAO under the authority of the Secretary General of theINTERNATIONAL CIVIL AVIATION ORGANIZATION999 University Street, Montréal, Quebec, Canada H3C 5H7For ordering information and for a complete listing of sales agentsand booksellers, please go to the ICAO website at www.icao.intDoc 9919, Convention on Compensation for Damage Caused by Aircraft to Third PartiesOrder Number: 9919ISBN 978-92-9231-366-1© ICAO 2009All rights reserved. No part of this publication may be reproduced, stored in aretrieval system or transmitted in any form or by any means, without priorpermission in writing from the International Civil Aviation Organization.CONVENTIONON COMPENSATION FOR DAMAGECAUSED BY AIRCRAFT TO THIRD PARTIESTHE STATES PARTIES TO THIS CONVENTION,RECOGNIZING the need to ensure adequate compensation for third parties who suffer damageresulting from events involving an aircraft in flight;RECOGNIZING the need to modernize the Convention on Damage Caused by Foreign Aircraft toThird Parties on the Surface, Signed at Rome on 7 October 1952, and the Protocol to Amendthe Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface,Signed at Rome on 7 October 1952, Signed at Montréal on 23 September 1978;RECOGNIZING the importance of ensuring protection of the interests of third-party victims and theneed for equitable compensation, as well as the need to enable the continued stability of theaviation industry;REAFFIRMING the desirability of the orderly development of international air transport operationsand the smooth flow of passengers, baggage and cargo in accordance with the principles andobjectives of the Convention on International Civil Aviation, done at Chicago on7 December 1944; andCONVINCED that collective State action for further harmonization and codification of certain rulesgoverning the compensation of third parties who suffer damage resulting from eventsinvolving aircraft in flight through a new Convention is the most desirable and effective meansof achieving an equitable balance of interests;HAVE AGREED AS FOLLOWS:Chapter IPrinciplesArticle 1 — DefinitionsFor the purposes of this Convention:(a)an “act of unlawful interference” means an act which is defined as an offence in theConvention for the Suppression of Unlawful Seizure of Aircraft, Signed at The Hague on16 December 1970, or the Convention for the Suppression of Unlawful Acts Against theSafety of Civil Aviation, Signed at Montreal on 23 September 1971, and any amendmentin force at the time of the event;(b)an “event” occurs when damage is caused by an aircraft in flight other than as a result ofan act of unlawful interference;(c)an aircraft is considered to be “in flight” at any time from the moment when all itsexternal doors are closed following embarkation or loading until the moment when anysuch door is opened for disembarkation or unloading;(d)“international flight” means any flight whose place of departure and whose intendeddestination are situated within the territories of two States, whether or not there is a breakin the flight, or within the territory of one State if there is an intended stopping place inthe territory of another State;(e)“maximum mass” means the maximum certificated take-off mass of the aircraft,excluding the effect of lifting gas when used;(f)“operator” means the person who makes use of the aircraft, provided that if control of thenavigation of the aircraft is retained by the person from whom the right to make use ofthe aircraft is derived, whether directly or indirectly, that person shall be considered theoperator. A person shall be considered to be making use of an aircraft when he or she isusing it personally or when his or her servants or agents are using the aircraft in thecourse of their employment, whether or not within the scope of their authority;(g)“person” means any natural or legal person, including a State;(h)“State Party” means a State for which this Convention is in force; and(i)“third party” means a person other than the operator, passenger or consignor or consigneeof cargo.Article 2 — Scope1.This Convention applies to damage to third parties which occurs in the territory of a StateParty caused by an aircraft in flight on an international flight, other than as a result of an act ofunlawful interference.2.If a State Party so declares to the Depositary, this Convention shall also apply where an aircraftin flight other than on an international flight causes damage in the territory of that State, other than as aresult of an act of unlawful interference.3.For the purposes of this Convention:(a)damage to a ship in or an aircraft above the High Seas or the Exclusive Economic Zoneshall be regarded as damage occurring in the territory of the State in which it isregistered; however, if the operator of the aircraft has its principal place of business in theterritory of a State other than the State of Registry, the damage to the aircraft shall beregarded as having occurred in the territory of the State in which it has its principal placeof business; and(b)damage to a drilling platform or other installation permanently fixed to the soil in theExclusive Economic Zone or the Continental Shelf shall be regarded as having occurredin the territory of the State which has jurisdiction over such platform or installation inaccordance with international law including the United Nations Convention on the Law ofthe Sea, done at Montego Bay on 10 December 1982.4.This Convention shall not apply to damage caused by State aircraft. Aircraft used in military,customs and police services shall be deemed to be State aircraft.Chapter IILiability of the operator and related issuesArticle 3 — Liability of the operator1.The operator shall be liable for damage sustained by third parties upon condition only that thedamage was caused by an aircraft in flight.2.There shall be no right to compensation under this Convention if the damage is not a directconsequence of the event giving rise thereto, or if the damage results from the mere fact of passage ofthe aircraft through the airspace in conformity with existing air traffic regulations.3.Damages due to death, bodily injury and mental injury shall be compensable. Damages due tomental injury shall be compensable only if caused by a recognizable psychiatric illness resulting eitherfrom bodily injury or from direct exposure to the likelihood of imminent death or bodily injury.4.Damage to property shall be compensable.5.Environmental damage shall be compensable, in so far as such compensation is provided forunder the law of the State Party in the territory of which the damage occurred.6.No liability shall arise under this Convention for damage caused by a nuclear incident asdefined in the Paris Convention on Third Party Liability in the Field of Nuclear Energy (29 July 1960)or for nuclear damage as defined in the Vienna Convention on Civil Liability for Nuclear Damage(21 May 1963), and any amendment or supplements to these Conventions in force at the time of theevent.7.Punitive, exemplary or any other non-compensatory damages shall not be recoverable.8.An operator who would otherwise be liable under the provisions of this Convention shall notbe liable if the damage is the direct consequence of armed conflict or civil disturbance.