2009/370/EC: Council Decision of 6 April 2009 on the accession of the European Co... (32009D0370)
2009/370/EC: Council Decision of 6 April 2009 on the accession of the European Community to the Convention on international interests in mobile equipment and its Protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001
- COUNCIL DECISION
- of 6 April 2009
- on the accession of the European Community to the Convention on international interests in mobile equipment and its Protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001
- (2009/370/EC)
- Article 1
- Article 2
- Article 3
- ANNEX I
- General declarations concerning the competence of the European Community to be made by the Community at the time of accession to the Convention on international interests in mobile equipment (Cape Town Convention) and the Protocol on matters specific to aircraft equipment (Aircraft Protocol), adopted jointly in Cape Town on 16 November 2001
- ANNEX II
- Declarations to be made by the European Community at the time of accession to the Convention on international interests in mobile equipment (Cape Town Convention) and the Protocol on matters specific to aircraft equipment (Aircraft Protocol) concerning certain provisions and measures contained therein
- CONVENTION
- on international interests in mobile equipment
- CHAPTER I
- SPHERE OF APPLICATION AND GENERAL PROVISIONS
- Article 1
- Definitions
- Article 2
- The international interest
- Article 3
- Sphere of application
- Article 4
- Where debtor is situated
- Article 5
- Interpretation and applicable law
- Article 6
- Relationship between the Convention and the Protocol
- CHAPTER II
- CONSTITUTION OF AN INTERNATIONAL INTEREST
- Article 7
- Formal requirements
- CHAPTER III
- DEFAULT REMEDIES
- Article 8
- Remedies of chargee
- Article 9
- Vesting of object in satisfaction; redemption
- Article 10
- Remedies of conditional seller or lessor
- Article 11
- Meaning of default
- Article 12
- Additional remedies
- Article 13
- Relief pending final determination
- Article 14
- Procedural requirements
- Article 15
- Derogation
- CHAPTER IV
- THE INTERNATIONAL REGISTRATION SYSTEM
- Article 16
- The International Registry
- Article 17
- The Supervisory Authority and the Registrar
- CHAPTER V
- OTHER MATTERS RELATING TO REGISTRATION
- Article 18
- Registration requirements
- Article 19
- Validity and time of registration
- Article 20
- Consent to registration
- Article 21
- Duration of registration
- Article 22
- Searches
- Article 23
- List of declarations and declared non-consensual rights or interests
- Article 24
- Evidentiary value of certificates
- Article 25
- Discharge of registration
- Article 26
- Access to the international registration facilities
- CHAPTER VI
- PRIVILEGES AND IMMUNITIES OF THE SUPERVISORY AUTHORITY AND THE REGISTRAR
- Article 27
- Legal personality; immunity
- CHAPTER VII
- LIABILITY OF THE REGISTRAR
- Article 28
- Liability and financial assurances
- CHAPTER VIII
- EFFECTS OF AN INTERNATIONAL INTEREST AS AGAINST THIRD PARTIES
- Article 29
- Priority of competing interests
- Article 30
- Effects of insolvency
- CHAPTER IX
- ASSIGNMENTS OF ASSOCIATED RIGHTS AND INTERNATIONAL INTERESTS; RIGHTS OF SUBROGATION
- Article 31
- Effects of assignment
- Article 32
- Formal requirements of assignment
- Article 33
- Debtor’s duty to assignee
- Article 34
- Default remedies in respect of assignment by way of security
- Article 35
- Priority of competing assignments
- Article 36
- Assignee’s priority with respect to associated rights
- Article 37
- Effects of assignor’s insolvency
- Article 38
- Subrogation
- CHAPTER X
- RIGHTS OR INTERESTS SUBJECT TO DECLARATIONS BY CONTRACTING STATES
- Article 39
- Rights having priority without registration
- Article 40
- Registrable non-consensual rights or interests
- CHAPTER XI
- APPLICATION OF THE CONVENTION TO SALES
- Article 41
- Sale and prospective sale
- CHAPTER XII
- JURISDICTION
- Article 42
- Choice of forum
- Article 43
- Jurisdiction under Article 13
- Article 44
- Jurisdiction to make orders against the Registrar
- Article 45
- Jurisdiction in respect of insolvency proceedings
- CHAPTER XIII
- RELATIONSHIP WITH OTHER CONVENTIONS
- Article 45bis
- Relationship with the United Nations Convention on the assignment of receivables in international trade
- Article 46
- Relationship with the Unidroit Convention on international financial leasing
- CHAPTER XIV
- FINAL PROVISIONS
- Article 47
- Signature, ratification, acceptance, approval or accession
- Article 48
- Regional Economic Integration Organisations
- Article 49
- Entry into force
- Article 50
- Internal transactions
- Article 51
- Future Protocols
- Article 52
- Territorial units
- Article 53
- Determination of courts
- Article 54
- Declarations regarding remedies
- Article 55
- Declarations regarding relief pending final determination
- Article 56
- Reservations and declarations
- Article 57
- Subsequent declarations
- Article 58
- Withdrawal of declarations
- Article 59
- Denunciations
- Article 60
- Transitional provisions
- Article 61
- Review conferences, amendments and related matters
- Article 62
- Depositary and its functions
- PROTOCOL
- to the Convention on international interests in mobile equipment on matters specific to aircraft equipment
- CHAPTER I
- SPHERE OF APPLICATION AND GENERAL PROVISIONS
- Article I
- Defined terms
- Article II
- Application of Convention as regards aircraft objects
- Article III
- Application of Convention to sales
- Article IV
- Sphere of application
- Article V
- Formalities, effects and registration of contracts of sale
- Article VI
- Representative capacities
- Article VII
- Description of aircraft objects
- Article VIII
- Choice of law
- CHAPTER II
- DEFAULT REMEDIES, PRIORITIES AND ASSIGNMENTS
- Article IX
- Modification of default remedies provisions
- Article X
- Modification of provisions regarding relief pending final determination
- Article XI
- Remedies on insolvency
- Article XII
- Insolvency assistance
- Article XIII
- De-registration and export request authorisation
- Article XIV
- Modification of priority provisions
- Article XV
- Modification of assignment provisions
- Article XVI
- Debtor provisions
- CHAPTER III
- REGISTRY PROVISIONS RELATING TO INTERNATIONAL INTERESTS IN AIRCRAFT OBJECTS
- Article XVII
- The Supervisory Authority and the Registrar
- Article XVIII
- First regulations
- Article XIX
- Designated entry points
- Article XX
- Additional modifications to Registry provisions
- CHAPTER IV
- JURISDICTION
- Article XXI
- Modification of jurisdiction provisions
- Article XXII
- Waivers of sovereign immunity
- CHAPTER V
- RELATIONSHIP WITH OTHER CONVENTIONS
- Article XXIII
- Relationship with the Convention on the international recognition of rights in aircraft
- Article XXIV
- Relationship with the Convention for the unification of certain rules relating to the precautionary attachment of aircraft
- Article XXV
- Relationship with the Unidroit Convention on international financial leasing
- CHAPTER VI
- FINAL PROVISIONS
- Article XXVI
- Signature, ratification, acceptance, approval or accession
- Article XXVII
- Regional Economic Integration Organisations
- Article XXVIII
- Entry into force
- Article XXIX
- Territorial units
- Article XXX
- Declarations relating to certain provisions
- Article XXXI
- Declarations under the Convention
- Article XXXII
- Reservations and declarations
- Article XXXIII
- Subsequent declarations
- Article XXXIV
- Withdrawal of declarations
- Article XXXV
- Denunciations
- Article XXXVI
- Review conferences, amendments and related matters
- Article XXXVII
- Depositary and its functions
- ANNEX
- FORM OF IRREVOCABLE DE-REGISTRATION AND EXPORT REQUEST AUTHORISATION
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