17. 10. 97 Official Journal of the European Communities L 285/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 84 (2) thereof, Having regard to the proposal from the Commission (), Having regard to the opinion of the Economic and Social Committee (%), Acting in accordance with the procedure laid down in Article 189 (c) of the Treaty (%), (1) Whereas, in the framework of the common transport policy, it is necessary to improve the level of protec- tion of passangers involved in air accidents; (2) Whereas the rules on liability in the event of acci- dents are governed by the Convention for the Uni- fication of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, or that Convention as amended at The Hague on 28 September 1955 and the Convention done at Guadalajara on 18 September 1961, whichever may be applicable each being hereinafter referred to, as applicable, as the “Warsaw Convention’; whereas the Warsaw Convention is applied worldwide for the benefit of both passengers and air carriers; (3) Whereas the limit set on liability by the Warsaw Convention is too low by today’s economic and social standards and often leads to lengthy legal actions which damage the image of air transport; whereas as a result Member States have variously increased the liability limit, thereby leading to dif- (') OJ C 104, 10. 4. 1996, p. 18 and OJ No C 29, 30. 1. 1997, p. 10 () OJ C 212, 22. 7. 1996, p. 38. (*) Opinion of the European Parliament of 17 September 1996 (OJ No C 320, 28. 10. 1996, p. 30), Council Common Posi- tion of 24 February 1997 (O] No C 123, 21. 4. 1997, p. 89) and Decision of the European Parliament of 29 May 1997 (O] C 182, 16. 6. 1997). ferent terms and conditions of carriage in the internal aviation market; (4) Whereas in addition the Warsaw Convention applies only to international transport; whereas, in the internal aviation market, the distinction between national and international transport has been elim- inated; whereas it is therefore appropriate to have the same level and nature of liability in both national and international transport; (5) Whereas a full review and revision of the Warsaw Convention is long overdue and would represent, in the long term, a more uniform and applicable response, at an international level, to the issue of air carrier liability in the event of accidents; whereas efforts to increase the limits of liability imposed in the Warsaw Convention should continue through negotiation at multilateral level; (6) Whereas, in compliance with the principle of subsi- diarity, action at Community level is desirable in order to achieve harmonization in the field of air carrier liability and could serve as a guideline for improved passenger protection on a global scale; (7) Whereas it is appropriate to remove all monetary limits of liability within the meaning of Article 22 (1) of the Warsaw Convention or any other legal or contractual limits, in accordance with present trends at international level; (8) Whereas, in order to avoid situations where victims of accidents are not compensated, Community air carriers should not, with respect of any claim arising out of the death, wounding or other bodily injury of a passenger under Article 17 of the Warsaw Conven- tion, avail themselves of any defence under Article 20 (1) of the Warsaw Convention up to a certain limit; (9) Whereas Community air carriers may be exonerated from their liability in cases of contributory negli- gence of the passenger concerned,;