European law

Carriage by airThe Montreal Convention on the unification of certain rules for international carriage by air has been approved on behalf of the European Union (Council Decision 2001/539/EC, OJ L 194, 18 July 2001, page 38).

Ratification on behalf of the EU will be made at the same time as ratification by all member states.

The convention (the text of which is reproduced following that of the decision) deals with, among other things, the documents relating to the carriage of passengers, baggage and cargo; the duty of the carrier to deliver cargo; responsibility for death or injury to passengers; liability for damage to baggage and cargo; liability for damage caused by delay (subject to a defence of the carrier having taken all reasonable measures to avoid the damage, or the inevitability of such damage); exoneration from liability for damage to the extent that the damage was caused by negligence, wrongful act, or omission by the person claiming compensation; restriction on clauses excluding liability for death or injury to passengers; limitation of liability for delays, loss of (or damage to) baggage and cargo; survival of causes of action of deceased persons; limitation of actions; and the courts in which claims may be pursued.

The convention will in effect supersede the Warsaw Convention and subsequent related provisions.Competition lawWhen a merger is cleared by the European Commission under the Merger Regulation, the clearance extends to restrictions which are 'directly related and necessary to the implementation of the concentration' (see articles 6(1)(b) and 8(2) of the Merger Regulation).

Disputes as to whether or not a restriction is directly related and necessary to the implementation of a concentration are matters falling within the jurisdiction of the appropriate national courts.

The commission has nevertheless set out guidance on the meaning of that term in a notice published at OJ C 188, 4 July 2001, pages 5 to 11 (replacing the 1990 notice at [1990] Gazette, 24 October, 39).

The notice is directed primarily to non-competition clauses, licence agreements and purchase and supply obligations.Counterfeit moneyIn anticipation of the introduction of the euro into general circulation at the beginning of 2002 the council has adopted Regulation (EC) 1338/2001 (OJ L 181, 4 July 2001, pages 6 to 10) on the measures necessary to protect the euro against counterfeiting.

Member states should establish national analysis centres to examine suspected counterfeit notes and send samples of 'new' counterfeits to the European Central Bank.

Member states are also required to establish coin national analysis centres to serve the same purpose in relation to suspected counterfeit coins.

Banks and other institutions, such as bureaux de change, will be required under national law (effective from 1 January 2002) to withdraw from circulation any euro notes or coins which they know (or reasonably suspect) to be counterfeits.

The provisions of this regulation have been expressly made applicable to countries which have not adopted the euro by Regulation (EC) 1339/2001 (OJ L 181, 4 July 2001, page 11).Tobacco productsThe European Parliament and the Council have adopted Directive 2001/37/EC on the approximation of national provisions relating to the manufacture, presentation and sale of tobacco products (OJ L 194, 18 July 2001, pages 26 to 34).

This replaces earlier Directives and prescribes (with effect from January 2004) for cigarettes marketed or manufactured within member states, other than Greece) the maximum tar, nicotine and carbon monoxide yields for each cigarette.

Information on such yields must be included on each cigarette packet, and packets for all tobacco products (other than tobacco for oral use and smokeless tobacco) must include two kinds of health warning, one of two general warnings and an additional warning (varied from time to time) from an annexed.

lmplementing provisions must be in force by 30 September 2002.

By Paul Niekirk, barrister