Depositary Update (2019–2020)
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<sc>Unidroit</sc> SECRETARIAT<sc>Unidroit</sc> as Depositary

Unidroit is designated as the Depositary under the Cape Town Convention and each of its four Protocols (Aircraft, Rail, Space and Mining, Agricultural and Construction (MAC)). Given the complexity of the systems of declarations and notifications under these instruments, the Depositary functions are particularly important. They are set out in each instrument. For example, Article 62 of the Convention provides that instruments of ratification and accession are to be deposited with Unidroit, and that Unidroit is to provide Contracting States with notification of each new ratification or accession

Unidroit SECRETARIAT

Unidroit as Depositary

Unidroit is designated as the Depositary under the Cape Town Convention and each of its four Protocols (Aircraft, Rail, Space and Mining, Agricultural and Construction (MAC)). Given the complexity of the systems of declarations and notifications under these instruments, the Depositary functions are particularly important. They are set out in each instrument. For example, Article 62 of the Convention provides that instruments of ratification and accession are to be deposited with Unidroit, and that Unidroit is to provide Contracting States with notification of each new ratification or accession and withdrawal or amendment of declaration, and provide notifications and copies of instruments to the Supervisory Authority and the Registrar of the International Registry.

Unidroit provides assistance to intending or potential Contracting States by way of providing information on the ratification/accession process, and assistance in relation to the drafting of instruments of ratification/accession and declarations. For example, Unidroit has produced guides on Model Instruments of ratification and accession, and a Memorandum containing information and model forms for the making of declarations under the Convention and Protocols. These documents do not venture into the policy choices to be made by Contracting States, and in its capacity as Depositary Unidroit is not able to provide advice to States in relation to their policy choices.

The Depositary is required to prepare regular reports on the manner in which the international regime established by the Convention has operated in practice. These reports, which are provided to Contracting States and posted on the Unidroit website (www.unidroit.org/depositary-2001capetown), are issued every two years so as to coincide with the reporting cycles of the Supervisory Authority.

When notified of an error or lack of concordance in the language authentic versions of the Convention and/or its Protocols, the Depositary opens, in accordance with Article 79 of the 1969 Vienna Convention on the Law of Treaties, a procedure of correction of such errors or of a lack of concordance.

In addition to its formal Depositary functions, Unidroit hosted visits by Government officials to discuss the requirements for ratifying or acceding to the Convention and its Protocols, to supplement advice provided through website resources. It has also been involved in a number of promotion activities and seminars which have been designed to advance awareness and understanding of the Cape Town Convention regime. For the activities undertaken in 2019 and 2020, see the Unidroit Annual Reports 2019 and 2020 which can be found on the Unidroit website at www.unidroit.org/english/governments/councildocuments/2020session/cd-99-b/cd-99-b-02-e.pdf and www.unidroit.org/english/governments/councildocuments/2021session/cd-100-b/cd-100-b-02-e.pdf.

The Unidroit website contains an archive of documents relevant to the development of the Convention and its Protocols, and status lists which are updated to show the Signatory and Contracting States of the Convention and its Protocols. An email update service also provides update information.

Status of the Convention and Protocols

Annexes 1 and 2 hereto are tables listing the Contracting States and Regional Economic Integration Organisations to each instrument as at 31 December 2019 (Annex 1) and at 31 December 2020 (Annex 2).

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The small difference in the number of Contracting States for the Convention and the Aircraft Protocol is explained by the fact that a number of States have only deposited an instrument of ratification/accession in respect of the Convention and have not also deposited an instrument in respect of a Protocol, or have not deposited a declaration pursuant to Article 54(2) of the Convention (the making of a declaration pursuant to that Article is a mandatory requirement that must be fulfilled before a State is able to ratify or accede to a Protocol). Being a framework Convention, it is designed to operate in conjunction with a Protocol.1

The Convention and the Aircraft Protocol (and, subsequently, the Rail, Space and MAC Protocols) were developed with a view to ensuring that their provisions would be capable of being adopted by States in all geographic regions, irrespective of the type of legal system. In this regard, the Convention and Aircraft Protocol have been extremely successful, with their Contracting States to date being drawn from all regions of the world and representing States at all levels of economic development and a broad range of legal systems. The Convention is also the most successful treaty – in terms of the number of ratifications – to have been developed by Unidroit.

Preparatory Commissions – Rail, Space and MAC Protocols

In relation to the Rail Protocol, a Preparatory Commission was set up by Resolution No 1 of the Luxembourg diplomatic Conference for the establishment of an International Registry under the Luxembourg Protocol.

The Preparatory Commission held seven sessions between 2013 and 2018 at Unidroit’s Headquarters in Rome at the end of which the text of the Regulations was finalized so as the Registry Regulations as amended by Sir Roy Goode following consultations with the industry and relevant stakeholders. At its 8th session (December 2018), the Preparatory Commission approved the Statutes and the Rules of Procedure of the Supervisory Authority, as well as future steps leading to the entry into force of the Protocol. The 9th session of the Preparatory Commission is scheduled to take place in April 2021 to approve a revised version of the Draft Regulations for the International Registry.

The Ratification Task Force set up by the Rail Preparatory Commission planned a detailed ratification strategy and an intense agenda for its work for the purpose of reaching within a reasonable timeframe the number of adhesions required for the entry into force of the Protocol and the operability of the International Registry. Most meetings of the Ratification Task Force are held several times a year via teleconference. The most recent meeting was held Berne on 16 July 2019 to take stock of the current status of the ratification processes in various interested States.

Together with the Rail Working Group, Unidroit participated in 2019 and in 2020 to a number of important events in different countries to promote the Rail Protocol (see Annual Report 2019 and Annual Report 2020).

In relation to the Space Protocol, a Sub-Group was created to reassess industry participation for the promotion and development of the Space Protocol, which held three teleconferences on 6 April, 20 July and 26 October 2018. Unidroit participated in 2019 and 2020 to several important events to promote the Space Protocol (see Annual Report 2019 and Annual Report 2020).

In relation to the Mining, Agricultural and Construction Protocol (MAC Protocol), a Preparatory Commission was set up by Resolution No. 1 of the Pretoria diplomatic Conference to act as Provisional Supervisory Authority until the Protocol enters into force and for the establishment of an International Registry under the MAC Protocol. The Commission operates under the guidance of the Governing Council and General Assembly of Unidroit.

The Preparatory Commission held two sessions remotely in 2020 at which it adopted the Rules of Procedure and considered several issues associated with the future operation of the International Registry. The Commission also established a Working Group to draft a request for proposals for the selection of a Registrar (the Registrar Working Group), as well as a Working Group to develop draft Regulations for the International Registry (the Regulations Working Group). The activities of both Working Groups were discussed at the second session of the Preparatory Commission.

Declarations

In relation to declarations, the Convention and its Protocols are unique amongst commercial law treaties in providing Contracting States with a large number of choices to make declarations which modify the application of the instruments. Apart from the Article 54(2) declaration noted above, none of the declarations are mandatory, and the Contracting States to the Convention and Protocols have each made different choices as to which other declarations, if any, they will make. Annexes 3-A, 3-B and 3-C (2019) and Annexes 4-A, 4-B and 4-C (2020) show the number of Contracting States that have made each of the declarations under the Convention, the Aircraft Protocol and the Luxembourg Rail Protocol.

Unidroit in its capacity as Depositary under the Convention and its Protocols has no role in evaluating the competence of a Contracting State (having regard, for example, to its internal constitutional arrangements) to make a declaration, and Unidroit will accept a declaration that is deposited with it in compliance with the requirements of the Convention and Protocols. Also, a Contracting State may be a member of a regional economic integration organisation that has signed, accepted, or approved, or acceded to, the Convention (pursuant to Article 48 of the Convention), the Aircraft Protocol (pursuant to Article XXVII of the Aircraft Protocol), the Luxembourg Rail Protocol (pursuant to Article XXII of the Rail Protocol), the Space Protocol (pursuant to Article XXXVII of the Space Protocol) or the MAC Protocol (pursuant to Article XXIV of the MAC Protocol) and the internal arrangements of that organisation may affect the capacity of the Contracting State to make a declaration in relation to a particular article. In some instances (such as insolvency), they are able to amend their national law so as to result in the same substantive outcomes as if a declaration had been made. Some States have informed the Unidroit Secretariat of such amendments which can be found on the Unidroit website at www.unidroit.org/instruments/security-interests/aircraft-protocol/national-information/.

The benefits to be derived by a Contracting State may depend upon which declarations it has made. For example, the OECD Aircraft Sector Understanding under the Arrangement on Officially Supported Export Credits incorporates a material discount for certain aircraft backed export credit provided to a borrower in a State that has ratified the Cape Town Convention and Aircraft Protocol, but only if that State has also made the ‘qualifying declarations’ that are specified in the Understanding and implemented them so as to prevail over other national law.2

A declaration will affect the application of the Convention and Protocols for the Contracting State that has made it. It is therefore important that Contracting States ensure that their declarations are expressed in clear, unambiguous language to avoid uncertainty arising about how the Convention and its Protocols apply in relation to that State. Any such uncertainty could, in turn, impact the extent to which the Contracting State is able to realise the legal and economic advantages of the Convention. The text of each declaration is publicly searchable: it is provided to the International Registry and made available for public search on the International Registry site, in addition to being posted on the Unidroit website. Unidroit encourages all intending Contracting States to consult the Declarations Memorandum when drafting their declarations and to base their declarations on the forms set out in the Memorandum so as to ensure that their declarations comply with the requirements of the Convention and Protocols. To date, the large majority of Contracting States have based their declarations on the model forms contained in those Memoranda.3

ANNEX 1 LIST OF CONTRACTING STATES (as at 31 December 2019)

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ANNEX 2 LIST OF CONTRACTING STATES (as at 31 December 2020)

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ANNEX 3

Annex 3-A – Declarations made by each Contracting State and Regional Economic Integration Organisation under the Convention

Annex 3-A

Table showing the Declarations made under the Cape Town Convention by each Contracting State and Regional Economic Integration Organisation thereto (as at 31 December 2019)

Annex 3-A
Annex 3-A
Annex 3-A
Annex 3-A

Annex 3-B – Declarations made by each Contracting State and Regional Economic Integration Organisation under the Aircraft Protocol

Annex 3-B

Table showing the Declarations made under the Aircraft Protocol by each Contracting State and Regional Economic Integration Organisation thereto (as at 31 December 2019)

Annex 3-B
Annex 3-B
Annex 3-B
Annex 3-B

Annex 3-C – Glossary of Declarations Capable of Being Made under the Convention and Aircraft Protocol

Annex 3-C

Glossary of Declarations Capable of Being Made under the Convention and Aircraft Protocol

Annex 3-C
Annex 3-C

ANNEX 4

Annex 4-A – Declarations made by each Contracting State and Regional Economic Integration Organisation under the Convention

Annex 4-A

Table showing the Declarations made under the Cape Town Convention by each Contracting State and Regional Economic Integration Organisation thereto (as at 31 December 2020)

Annex 4-A
Annex 4-A
Annex 4-A
Annex 4-A

Annex 4-B – Declarations made by each Contracting State and Regional Economic Integration Organisation under the Aircraft Protocol

Annex 4-B

Table showing the Declarations made under the Aircraft Protocol by each Contracting State and Regional Economic Integration Organisation thereto (as at 31 December 2020)

Annex 4-B
Annex 4-B
Annex 4-B
Annex 4-B

Annex 4-C – Declarations made by each Contracting State and Regional Economic Integration Organisation under the Luxembourg Rail Protocol

Annex 4-C

Table showing the Declarations made under the Luxembourg Rail Protocol by each Contracting State and Regional Economic Integration Organisation thereto (as at 31 December 2020)

Annex 4-C
Annex 4-C

Annex 4-D – Glossary of Declarations Capable of Being Made under the Convention and Aircraft Protocol

Annex 4-D

Glossary of Declarations Capable of Being Made under the Convention, the Aircraft Protocol and the Luxembourg Rail Protocol

Annex 4-D
Annex 4-D

ANNEX 5 OECD Aircraft Sector Understanding Qualifying Declarations - Convention (as at 31 December 2019)

Part 1 - Text of Annex 1 of the OECD Aircraft Sector Understanding1

Part 2 - Table of Qualifying declarations

Part 1 Text of Annex 1 of the OECD Aircraft Sector Understanding, describing the “qualifying” declarations under the Cape Town Convention and Aircraft Protocol2

ANNEX 1: QUALIFYING DECLARATIONS

  1. For the purpose of Section 2 of Appendix II, the term “qualifying declarations”, and all other references thereto in this Sector Understanding, means that a Contracting party to the Cape Town Convention (Contracting Party):

    1. Has made the declarations in Article 2 of this Annex, and

    2. Has not made the declarations in Article 3 of this Annex.

  2. The declarations for the purpose of Article 1 a) of this Annex are:

    1. Insolvency: State Party declares that it will apply the entirety of Alternative A under Article XI of the Aircraft Protocol to all types of insolvency proceeding and that the waiting period for the purposes of Article XI (3) of that Alternative shall be no more than 60 calendar days.

    2. Deregistration: State Party declares that it will apply Article XIII of the Aircraft Protocol.

    3. Choice of Law: State Party declares that it will apply Article VIII of the Aircraft Protocol.

    And at least one of the following (though both are encouraged):

    1. Method for Exercising Remedies: State Party declares under Convention Article 54 (2) that any remedies available to the creditor under any provision of the Convention which are not expressed under the relevant provisions thereof to require application to a court may be exercised without leave of the court (the insertion “without court action and” to be recommended (but not required) before the words “leave of the court”);

    2. Timely Remedies: State Party declares that it will apply Article X of the Aircraft Protocol in its entirety (though clause 5 thereof, which is to be encouraged, is not required) and that the number of working days to be used for the purposes of the time-limit laid down in Article X (2) of the Aircraft Protocol shall be in respect of:

      1. The remedies specified in Articles 13 (1) (a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilisation of the aircraft objects), not more than that equal to ten calendar days, and

      2. The remedies specified in Articles 13 (1) (d) and (e) of the Convention (lease or management of the aircraft objects and the income thereof and sale and application of proceeds from the aircraft equipment), not more than that equal to 30 calendar days.

  3. The declarations referred to in Article 1 b) of this Annex are the following:

    1. Relief Pending Final Determination: State Party shall not have made a declaration under Article 55 of the Convention opting out of Article 13 or Article 43 of the Convention; provided, however, that, if State Party made the declarations set out under Article 2 d) of this Annex, the making of a declaration under Article 55 of the Convention shall not prevent application of the Cape Town Convention discount.

    2. Rome Convention: State Party shall not have made a declaration under Article XXXII of the Aircraft Protocol opting out of Article XXIV of the Aircraft Protocol; and

    3. Lease Remedy: State Party shall not have made a declaration under Article 54 (1) of the Convention preventing lease as a remedy.

  4. Regarding Article XI of the Aircraft Protocol, for Member States of the European Union, the qualifying declaration set out in Article 2 a) of this Annex shall be deemed made by a Member State, for purposes hereof, if the national law of such Member State was amended to reflect the terms of Alternative A under Article XI of the Aircraft Protocol (with a maximum 60 calendar days waiting period). As regards the qualifying declarations set out in Articles 2 c) and e) of this Annex, these shall be deemed satisfied, for the purpose of this Sector Understanding, if the laws of the European Union or the relevant Member States are substantially similar to that set out in such Articles of this Annex. In the case of Article 2 c) of this Annex, the laws of the European Union (EC Regulation 593/2008 on the Law Applicable to Contractual Obligations) are agreed to be substantially similar to Article VIII of the Aircraft Protocol.

Part 2 Table of Qualifying declarations, showing which of the Contracting States to both the Convention and Aircraft Protocol have made the declarations in respect of the subject matter3 of the “qualifying” declarations in Annex 1 of the OECD Aircraft Sector Understanding

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ANNEX 6 OECD Aircraft Sector Understanding Qualifying Declarations - Convention (as at 31 December 2020)

Part 1 - Text of Annex 1 of the OECD Aircraft Sector Understanding1

Part 2 - Table of Qualifying declarations

Part 1

Text of Annex 1 of the OECD Aircraft Sector Understanding, describing the “qualifying” declarations under the Cape Town Convention and Aircraft Protocol2

ANNEX 1: QUALIFYING DECLARATIONS

  1. 1.For the purpose of Section 2 of Appendix II, the term “qualifying declarations”, and all other references thereto in this Sector Understanding, means that a Contracting party to the Cape Town Convention (Contracting Party):
    1. Has made the declarations in Article 2 of this Annex, and

    2. Has not made the declarations in Article 3 of this Annex.

  2. 3.The declarations for the purpose of Article 1 a) of this Annex are:
    1. Insolvency: State Party declares that it will apply the entirety of Alternative A under Article XI of the Aircraft Protocol to all types of insolvency proceeding and that the waiting period for the purposes of Article XI (3) of that Alternative shall be no more than 60 calendar days.

    2. Deregistration: State Party declares that it will apply Article XIII of the Aircraft Protocol.

    3. Choice of Law: State Party declares that it will apply Article VIII of the Aircraft Protocol.

    And at least one of the following (though both are encouraged):

    1. Method for Exercising Remedies: State Party declares under Convention Article 54 (2) that any remedies available to the creditor under any provision of the Convention which are not expressed under the relevant provisions thereof to require application to a court may be exercised without leave of the court (the insertion “without court action and” to be recommended (but not required) before the words “leave of the court”);

    2. Timely Remedies: State Party declares that it will apply Article X of the Aircraft Protocol in its entirety (though clause 5 thereof, which is to be encouraged, is not required) and that the number of working days to be used for the purposes of the time-limit laid down in Article X (2) of the Aircraft Protocol shall be in respect of:

      1. The remedies specified in Articles 13 (1) (a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilisation of the aircraft objects), not more than that equal to ten calendar days, and

      2. The remedies specified in Articles 13 (1) (d) and (e) of the Convention (lease or management of the aircraft objects and the income thereof and sale and application of proceeds from the aircraft equipment), not more than that equal to 30 calendar days.

  3. 3.The declarations referred to in Article 1 b) of this Annex are the following:
    1. Relief Pending Final Determination: State Party shall not have made a declaration under Article 55 of the Convention opting out of Article 13 or Article 43 of the Convention; provided, however, that, if State Party made the declarations set out under Article 2 d) of this Annex, the making of a declaration under Article 55 of the Convention shall not prevent application of the Cape Town Convention discount.

    2. Rome Convention: State Party shall not have made a declaration under Article XXXII of the Aircraft Protocol opting out of Article XXIV of the Aircraft Protocol; and

    3. Lease Remedy: State Party shall not have made a declaration under Article 54 (1) of the Convention preventing lease as a remedy.

  4. 4.Regarding Article XI of the Aircraft Protocol, for Member States of the European Union, the qualifying declaration set out in Article 2 a) of this Annex shall be deemed made by a Member State, for purposes hereof, if the national law of such Member State was amended to reflect the terms of Alternative A under Article XI of the Aircraft Protocol (with a maximum 60 calendar days waiting period). As regards the qualifying declarations set out in Articles 2 c) and e) of this Annex, these shall be deemed satisfied, for the purpose of this Sector Understanding, if the laws of the European Union or the relevant Member States are substantially similar to that set out in such Articles of this Annex. In the case of Article 2 c) of this Annex, the laws of the European Union (EC Regulation 593/2008 on the Law Applicable to Contractual Obligations) are agreed to be substantially similar to Article VIII of the Aircraft Protocol.

Part 2

Table of Qualifying declarations, showing which of the Contracting States to both the Convention and Aircraft Protocol have made the declarations in respect of the subject matter3 of the “qualifying” declarations in Annex 1 of the OECD Aircraft Sector Understanding

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  • 1

    Article 6(1) of the Convention provides: ‘This Convention and the Protocol shall be read and interpreted together as a single instrument’.

    Article 49 states that the Convention applies ‘only as regards a category of objects to which a Protocol applies', and does so, inter alia, ‘subject to the terms of that Protocol … and as between [parties to the] Convention and that Protocol’.

  • 2

    Annexes 5 (2019) and 6 (2020) hereto set out the provision relating to the qualifying declarations under the Aircraft Sector Understanding.

  • 3

    The Declarations Memorandum relating to the Convention and Protocols are to be found on the Unidroit website at the following pages:

  • 1

    The Government of Canada declared, in accordance with Article 52 of the Convention, that the Convention is to apply to the following provinces and territories: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan and Yukon.

  • 2

    The Kingdom of the Netherlands also made declarations applying the Convention to the following territorial units (only): the Caribbean part of the Netherlands, Aruba, Curaçao and Sint Maarten.

  • 3

    New Zealand declared, in accordance with Article 52, that, ‘consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this accession shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory’.

  • 4

    Spain made the following declaration: ‘In the event that this Convention on International Interests in Mobile Equipment were to be applied to Gibraltar, Spain wishes to make the following declaration:

    1. Gibraltar is a non-autonomous territory for the international relations of which the United Kingdom is responsible and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.

    2. The authorities of Gibraltar are of a local nature and exercise exclusively internal competences which have their origin and their foundation in the distribution and attribution of competences performed by the United Kingdom, in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.

    3. As a result, should the Gibraltarian authorities participate in the application of this Convention it will be understood as effected exclusively within the scope of the internal competences of Gibraltar, and it cannot be considered to produce any change whatsoever in relation with what was established in the two preceding paragraphs.

    4. The procedure established by the regime relating to Gibraltar authorities in the context of certain international treaties agreed upon by Spain and the United Kingdom on 19 December 2007 is applicable to this agreement.

    5. The application to Gibraltar of the present Convention cannot be interpreted as recognition of any rights or situations involving matters not included in Article 10 of the Treaty of Utrecht of 13 July 1713, signed by the crowns of Spain and Great Britain’.

  • 5

    The United Kingdom of Great Britain and Northern Ireland declared, in accordance with Article 52 of the Convention, that the United Kingdom’s ratification shall be extended to the territories of the Island of Guernsey, the Cayman Islands, Gibraltar, Bermuda and the Isle of Man for whose international relations the Government of the United Kingdom of Great Britain and Northern Ireland is responsible.

  • 6

    The European Union also made a declaration under Article 48(2) of the Convention – declarations under that Article may only be made by Regional Economic Integration Organisations.

  • 7

    The Government of Canada declared, in accordance with Article XXIX of the Aircraft Protocol, that the Protocol shall extend to the following provinces and territories: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan and Yukon.

  • *

    European Union Member States that have ratified or acceded to the Convention and Aircraft Protocol after 26 November 2009 (the date of the Unidroit seminar ‘The European Union and the Cape Town Convention’) have not made the declaration under this article: this is consistent with the summary of conclusions of the seminar.

  • 8

    The Kingdom of the Netherlands also made a declaration under Article XXIX of the Aircraft Protocol applying the Protocol to the following territorial units (only): the Caribbean part of the Netherlands, Aruba, Curaçao and Sint Maarten.

  • 9

    New Zealand declared, under Article XXIX of the Aircraft Protocol, that, ‘consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this accession shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory’.

  • 10

    The United Kingdom of Great Britain and Northern Ireland declared, pursuant to Article XXIX of the Aircraft Protocol, that the ratification of the Protocol shall be extended to the territories of the Island of Guernsey, the Cayman Islands, Gibraltar, Bermuda and the Isle of Man for whose international relations the United Kingdom is responsible.

  • 11

    The European Union also made a declaration under Article XXVII(2) of the Aircraft Protocol – declarations under that Article may only be made by Regional Economic Integration Organisations.

  • 2

    The text does not address the ‘disqualifying’ declarations under Paragraph 3 of Annex 1 to the Aircraft Sector Understanding.

  • 3

    The table is not intended to indicate whether the particulars declarations made are themselves qualifying declarations. For example, the declarations relating to Articles X and XI, Alt A require specific time periods, set out in calendar days. The table does not indicate which Contracting States have specified such time periods, though the overwhelming majority of those that have made such declarations have done so.

  • 4

    Paragraph 4 of Annex 1 of the Aircraft Sector Understanding provides that as regards the qualifying declaration set out in Articles 2 c) of that Annex, this shall be deemed satisfied, for the purpose of this Sector Understanding, if the laws of the European Union or the relevant Member States are substantially similar to that set out in such Articles of this Annex, and that in the case of Article 2 c) of this Annex, the laws of the European Union (EC Regulation 593/2008 on the Law Applicable to Contractual Obligations) are agreed to be substantially similar to Article VIII of the Aircraft Protocol. Accordingly, in addition to Luxembourg and Ireland who made this declaration, Latvia and Malta have been included in this table as having made the declaration for the purposes of the Aircraft Sector Understanding, even though neither Contracting State has lodged a declaration in relation to Article VIII.

  • 5

    Paragraph 4 of Annex 1 of the Aircraft Sector Understanding provides that for Member States of the European Union, the qualifying declaration set out in Article 2 a) of the Annex shall be deemed made by a Member State, for purposes of the Aircraft Sector Understanding, if the national law of such Member State was amended to reflect the terms of Alternative A under Article XI of the Aircraft Protocol (with a maximum 60 calendar days waiting period). It is therefore necessary to assess the national law of such Member States to determine if they have made this qualifying declaration for the purposes of the Aircraft Sector Understanding: accordingly, neither the European Union nor such Member States that have not made the declaration in relation to Article XI of the Protocol are counted in calculating totals under this table.

  • 6

    Paragraph 4 of Annex 1 of the Aircraft Sector Understanding provides that as regards the qualifying declaration set out in Articles 2 e) of that Annex, this shall be deemed satisfied, for the purpose of the Aircraft Sector Understanding, if the laws of the European Union or the relevant Member States are substantially similar to that set out in that Article of this Annex. Whether or not such a Member State has made a declaration in relation to Article X, it is not possible to assess, based solely on the information provided to the Depositary, whether that State has satisfied the conditions of Article 2 e) of the Annex to the Aircraft Sector Understanding. For that reason, all Member States of the European Union are listed in this table as ‘N/A’, irrespective of whether they may in fact have made a declaration in relation to Article X.

  • 7

    Canada also made declarations applying the Convention and the Aircraft Protocol to the following provinces and territories: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan and Yukon.

  • 8

    The Kingdom of the Netherlands also made declarations applying the Convention and the Aircraft Protocol to the following territorial units (only): the Caribbean part of the Netherlands, Aruba, Curaçao and Sint Maarten.

  • 9

    At the time of its ratification of the Convention and the Aircraft Protocol, the Kingdom of Great Britain and the Northern Ireland made declarations applying the Convention and Aircraft Protocol to the following territories: the Island of Guernsey, the Cayman Islands, Gibraltar, Bermuda and the Isle of Man for whose international relations the Government of the United Kingdom of Great Britain and Northern Ireland is responsible

  • 10

    Three of the Contracting States to the Cape Town Convention are not also Contracting States to the Aircraft Protocol. Of the 76 Contracting States to both the Cape Town Convention and the Aircraft Protocol, the European Union is not included in these totals in light of the terms of the Aircraft Sector Understanding.

  • 11

    Paragraph 4 of Annex 1 of the Aircraft Sector Understanding provides that for Member States of the European Union, the qualifying declaration set out in Article 2 a) of the Annex shall be deemed made by a Member State, for purposes of the Aircraft Sector Understanding, if the national law of such Member State was amended to reflect the terms of Alternative A under Article XI of the Aircraft Protocol (with a maximum 60 calendar days waiting period). It is therefore necessary to assess the national law of such Member States to determine if they have made this qualifying declaration for the purposes of the Aircraft Sector Understanding: accordingly, such Member States that have not made the declaration in relation to Article XI of the Protocol are not counted in calculating totals under this table.

  • 1

    The Government of Canada declared, in accordance with Article 52 of the Convention, that the Convention is to apply to the following provinces and territories: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan and Yukon.

  • 2

    The Kingdom of the Netherlands also made declarations applying the Convention to the following territorial units (only): the Caribbean part of the Netherlands, Aruba, Curaçao and Sint Maarten.

  • 3

    New Zealand declared, in accordance with Article 52, that, ‘consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this accession shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory’.

  • 4

    Spain made the following declaration: ‘In the event that this Convention on International Interests in Mobile Equipment were to be applied to Gibraltar, Spain wishes to make the following declaration:

    1. Gibraltar is a non-autonomous territory for the international relations of which the United Kingdom is responsible and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.

    2. The authorities of Gibraltar are of a local nature and exercise exclusively internal competences which have their origin and their foundation in the distribution and attribution of competences performed by the United Kingdom, in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.

    3. As a result, should the Gibraltarian authorities participate in the application of this Convention it will be understood as effected exclusively within the scope of the internal competences of Gibraltar, and it cannot be considered to produce any change whatsoever in relation with what was established in the two preceding paragraphs.

    4. The procedure established by the regime relating to Gibraltar authorities in the context of certain international treaties agreed upon by Spain and the United Kingdom on 19 December 2007 is applicable to this agreement.

    5. The application to Gibraltar of the present Convention cannot be interpreted as recognition of any rights or situations involving matters not included in Article 10 of the Treaty of Utrecht of 13 July 1713, signed by the crowns of Spain and Great Britain’.

  • 5

    The United Kingdom of Great Britain and Northern Ireland declared, in accordance with Article 52 of the Convention, that the United Kingdom’s ratification shall be extended to the territories of the Island of Guernsey, the Cayman Islands, Gibraltar, Bermuda and the Isle of Man for whose international relations the Government of the United Kingdom of Great Britain and Northern Ireland is responsible.

  • 6

    The European Union also made a declaration under Article 48(2) of the Convention – declarations under that Article may only be made by Regional Economic Integration Organisations.

  • *

    European Union Member States that have ratified or acceded to the Convention and Aircraft Protocol after 26 November 2009 (the date of the Unidroit seminar ‘The European Union and the Cape Town Convention’) have not made the declaration under this article: this is consistent with the summary of conclusions of the seminar.

  • 7

    The Government of Canada declared, in accordance with Article XXIX of the Aircraft Protocol, that the Protocol shall extend to the following provinces and territories: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan and Yukon.

  • 8

    The Kingdom of the Netherlands also made a declaration under Article XXIX of the Aircraft Protocol applying the Protocol to the following territorial units (only): the Caribbean part of the Netherlands, Aruba, Curaçao and Sint Maarten.

  • 9

    New Zealand declared, under Article XXIX of the Aircraft Protocol, that, ‘consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this accession shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory’.

  • 10

    The United Kingdom of Great Britain and Northern Ireland declared, pursuant to Article XXIX of the Aircraft Protocol, that the ratification of the Protocol shall be extended to the territories of the Island of Guernsey, the Cayman Islands, Gibraltar, Bermuda and the Isle of Man for whose international relations the United Kingdom is responsible.

  • 11

    The European Union also made a declaration under Article XXVII(2) of the Aircraft Protocol – declarations under that Article may only be made by Regional Economic Integration Organisations.

  • 12

    The European Union also made a declaration under Article XXII(2) of the Luxembourg Rail Protocol – declarations under that Article may only be made by Regional Economic Integration Organisations.

  • 2

    The text does not address the ‘disqualifying’ declarations under Paragraph 3 of Annex 1 to the Aircraft Sector Understanding.

  • 3

    The table is not intended to indicate whether the particulars declarations made are themselves qualifying declarations. For example, the declarations relating to Articles X and XI, Alt A require specific time periods, set out in calendar days. The table does not indicate which Contracting States have specified such time periods, though the overwhelming majority of those that have made such declarations have done so.

  • 4

    Paragraph 4 of Annex 1 of the Aircraft Sector Understanding provides that as regards the qualifying declaration set out in Articles 2 c) of that Annex, this shall be deemed satisfied, for the purpose of this Sector Understanding, if the laws of the European Union or the relevant Member States are substantially similar to that set out in such Articles of this Annex, and that in the case of Article 2 c) of this Annex, the laws of the European Union (EC Regulation 593/2008 on the Law Applicable to Contractual Obligations) are agreed to be substantially similar to Article VIII of the Aircraft Protocol. Accordingly, in addition to Luxembourg and Ireland who made this declaration, Latvia and Malta have been included in this table as having made the declaration for the purposes of the Aircraft Sector Understanding, even though neither Contracting State has lodged a declaration in relation to Article VIII.

  • 5

    Paragraph 4 of Annex 1 of the Aircraft Sector Understanding provides that for Member States of the European Union, the qualifying declaration set out in Article 2 a) of the Annex shall be deemed made by a Member State, for purposes of the Aircraft Sector Understanding, if the national law of such Member State was amended to reflect the terms of Alternative A under Article XI of the Aircraft Protocol (with a maximum 60 calendar days waiting period). It is therefore necessary to assess the national law of such Member States to determine if they have made this qualifying declaration for the purposes of the Aircraft Sector Understanding: accordingly, neither the European Union nor such Member States that have not made the declaration in relation to Article XI of the Protocol are counted in calculating totals under this table.

  • 6

    Paragraph 4 of Annex 1 of the Aircraft Sector Understanding provides that as regards the qualifying declaration set out in Articles 2 e) of that Annex, this shall be deemed satisfied, for the purpose of the Aircraft Sector Understanding, if the laws of the European Union or the relevant Member States are substantially similar to that set out in that Article of this Annex. Whether or not such a Member State has made a declaration in relation to Article X, it is not possible to assess, based solely on the information provided to the Depositary, whether that State has satisfied the conditions of Article 2 e) of the Annex to the Aircraft Sector Understanding. For that reason, all Member States of the European Union are listed in this table as ‘N/A’, irrespective of whether they may in fact have made a declaration in relation to Article X.

  • 7

    Canada also made declarations applying the Convention and the Aircraft Protocol to the following provinces and territories: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Quebec, Saskatchewan and Yukon.

  • 8

    The Kingdom of the Netherlands also made declarations applying the Convention and the Aircraft Protocol to the following territorial units (only): the Caribbean part of the Netherlands, Aruba, Curaçao and Sint Maarten.

  • 9

    At the time of its ratification of the Convention and the Aircraft Protocol, the Kingdom of Great Britain and the Northern Ireland made declarations applying the Convention and Aircraft Protocol to the following territories: the Island of Guernsey, the Cayman Islands, Gibraltar, Bermuda and the Isle of Man for whose international relations the Government of the United Kingdom of Great Britain and Northern Ireland is responsible.

  • 10

    Three of the Contracting States to the Cape Town Convention are not also Contracting States to the Aircraft Protocol. Of the 79 Contracting States to both the Cape Town Convention and the Aircraft Protocol, the European Union is not included in these totals in light of the terms of the Aircraft Sector Understanding.

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