2002/971/EC: Council Decision of 18 November 2002 authorising the Member States, in the interest of the Community, to ratify or accede to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (the HNS Convention)

• Articles: 5

Article 1

1. Without prejudice to existing European Community competence in the matter, the Council hereby authorises the Member States to ratify or accede to the HNS Convention in the interest of the Community, subject to the conditions set out in the following Articles.

2. The text of the HNS Convention is attached to this Decision.

3. In this Decision, the term "Member State" shall mean all Member States with the exception of Denmark.

Article 2

When ratifying or acceding to the HNS Convention, Member States shall make the following declaration:

"Judgments on matters covered by the Convention shall, when given by a court of ((4)...), be recognised and enforced in ((5)... ) according to the relevant internal Community rules on the subject.(6)"

Article 3

1. Member States shall take the necessary steps to deposit the instruments of ratification of, or accession to, the HNS Convention within a reasonable time with the Secretary-General of the International Maritime Organisation and, if possible, before 30 June 2006.

2. Member States shall inform the Council and the Commission, before 30 June 2004, of the prospective date of finalisation of their ratification or accession procedures.

3. Member Sates shall seek to exchange information on the state of their ratification or accession procedures.

Article 4

When ratifying or acceding to the HNS Convention, Member States shall inform the Secretary-General of the International Maritime Organisation in writing that such ratification or accession has taken place in accordance with this Decision.

Article 5

Member States shall, at the earliest opportunity, use their best endeavours to ensure that the HNS Convention is amended to allow the Community to become a contracting party to it.

Done at Brussels, 18 November 2002.

For the Council

The President

P. S. Møller

(1) OJ C 51 E, 26.2.2002, p. 370.

(2) Opinion delivered on 11 June 2002 (not yet published in the Official Journal).

(3) OJ L 12, 16.1.2001, p. 1.

(4) All the Member States to which this Decision is applicable except the Member State making the declaration and Denmark.

(5) Member State making the declaration.

(6) At present, these rules are laid down in Regulation (EC) No 44/2001.