Council of Foreign Ministers Files: Lot M–88: CFM London Documents
Memorandum by the French Delegation to the Council of Foreign Ministers
European Inland Waterways
united states proposal for an emergency regime
The United States Memorandum* regarding an Emergency Regime for European Inland Waterways forms a useful contribution to the re-establishment of inland waterways communications in Europe and of the international regime which has proved a success, and which constitutes an essential guarantee for the countries and the areas which these waterways serve.
The idea of setting up provisional organisations endowed with large powers, pending the establishment of a definite regime would probably enable the difficulties now facing the resumption of navigation and a rational use of shipping to be overcome. The French Delegation, however, consider it necessary to emphasize that whatever [Page 262] emergency solutions might have to be adopted by force of circumstance, it would be wrong not to retain in the case of existing organisations, which have proved a success, everything which can be conveniently retained. It would be dangerous not to make allowance, in an emergency regime, which may have to last for some time, for the needs of the future, both by a reference to the treaties and conventions which were in force before November, 1936 on the various waterways and by providing for their application, subject to any changes introduced by the provisional agreement.97 Clearly, this point was also in the mind of the United States Delegation.
The French Delegation consider, however, that still greater regard should be paid to the situation which existed previously. In the case of the Rhine Commission particularly, it is essential to maintain the special position held by France, one which she is justified in retaining in her two-fold capacity as a Great Power and a River Power. In addition to the delegate whom, like the other riparian States, she would appoint, she should also hold the chairmanship of the Commission. On the question of seat, as the archives and premises needed by the Commission are at Strasbourg, it is desirable that the Commission should continue to work in that city, though a branch might be set up for present requirements at Duisbourg, which is the technical demarcation point between upstream and downstream navigation and seems to be a more suitable place than Cologne for an organisation with practical responsibilities. Furthermore, the United States proposal makes no suggestion to change the seats of the Elbe and Danube Commissions as they existed prior to 1936, (Dresden and Vienna) and it is not clear why a different procedure should be adopted for the Rhine Commission. On the Danube, if Vienna is selected, organisations would have to be delegated to other points on the river where special regulations are required.
Further, the widening of the Rhine Commission to include waterways not at present subject to its jurisdiction may necessitate certain reservations and for this purpose contact with the States concerned would seem essential.
Subject to these reservations, the French Delegation consider that the United States draft can form a useful basis for discussion and that its examination could be referred to a special Committee which should report to the Council during its session.
- C.F.M.(45) 1. [Footnote in the original. Memorandum dated September 12, printed on p. 132.]↩
- Reference is to the decision of the German Government in November 1936 to denounce the provisions of the Treaty of Versailles relating to German waterways, terminating the modus vivendi for the Rhine, and withdrawing from the International River Commissions.↩