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V. 23
The European Union has now essentially copied the
Athens Convention, as amended by the 2002 protocol, and
has included it in an annex to the PLR. 60 In the
transformation of Public International Law into EU law, the
PLR follows the model set by regulations (EC) No 2027/97,
(EC) 889/2002 on air travel, and (EC) No 1371/2007 on
travel by railway. 61 At the same time, it has to be noted that
the PLR is not a stand-alone document, rather it must be
understood as being part of the EU's overall policy on
transport. 62
While it is said that the PAL 2002 has been included
in the PLR as Annex I, 63 it has to be noted that PLR Annex I
differs from PAL 2002 in several respects. Lor example, the
PLR goes beyond the PAL 2002 by allowing for the
application of the liability rules to domestic travels as well. 64
It might appear that the drafters of the PLR wanted to copy
many substantial rules from the PAL 2002 but deliberately
excluded some of them, yet in some cases small changes of a
technical nature were necessary for the PLR to make
complete sense. Lor example, the continued references to
state parties to the PAL 2002 or technical aspects relevant
document is updated regularly by the IMO, updated versions will be
accessible through the link provided on
http://www.imo.org/ en/ About/Conventions/StatusOfConventions/P
ages/Default.aspx).
60 PLR at Annex I.
61 Karsten, supra note 40, at 214.
62 Norman A. Martínez Gutiérrez, New European rules on the liability of
carriers of passengers by sea in the event of accidents, 18 J. OF Int'l Mar. L.
293, 295 (2012).
63 Cf. e.g. id.
64 Beate Czerwenka, Neue Haftungs - und Entschädigungsregelungen in der
Personenschifffahrt - Elarmonisierung durch Europarecht, 5 Transportrecht
165,171 (2010).