Foreign Relations of the United States, 1946, Council of Foreign Ministers, Volume II

C.F.M. Files: Lot M–88: Box 2066: Deputies Records of Decisions

Record of Decisions, Council of Foreign Ministers, Third Session, Deputies, 129th Meeting, Waldorf-Astoria Hotel, New York, December 6, 1946, 11 a.m.⁵

New York, December 6, 1946, 11 a.m.

secret
CFM(D) (46) (NY)129th Meeting, December 6, 1946.

Present

	U.S.A.
	Mr. Dunn (Chairman)
	Mr. Reber
	Mr. Summers
	Mr. Unger
U.S.S.R.		France
M. Gousev		M. Alphand
M. Novikov		M. Burin des Roziers
M. Kozyrev		M. Lebel
		Prof. Gros
	U.K.
	Mr. Jebb
	Mr. Sterndale Bennett
	Lord Hood
	Mr. Fitzmaurice

I. It was agreed to refer the following articles to the Economic Committee:—

(a) Roumanian Treaty: Article 24, paragraph 4(d) and (e) non-discrimination against United Nations nationals.

(b) Bulgarian Treaty: Article 20, paragraph 2(c)—prices of reparation goods.

These articles were agreed by the Ministers but are to be revised in the light of the Ministers’ decision on compensation.

II. Permanent Statute of Free Territory of Trieste

Texts were established for Articles 31A, 31B and 31C of the Statute, which it was agreed to submit to the Ministers. The text for Article 31A was agreed. The texts for Articles 31B and 31C were unagreed. (See Annex 1)

III. Financing of the Governorship of Trieste

A draft text of a letter to be addressed on this subject to the Secretary-General of the United Nations was agreed for submission to the Council. (Annex 2)

IV. Special Facilities in the Free Port of Trieste

After an exchange of views it was agreed to submit for the Ministers’ decision alternative texts for Article 3 of the Free Port Statute. (Annex 3)

V. Procedure for the Preparation and Final Signature of Treaties

The Deputies had an exchange of views on this subject. As a result they agreed to submit the following recommendations to the Ministers:

1) Ministers to designate competent representatives to continue in New York the final drafting, checking and production of the Treaty texts;

2) Printed and approved texts to be submitted to all signatories three weeks prior to final signature;

3) Approximate date of signature could probably be fixed for between 1st and 15th February and Treaties would be signed either at the site of the Council’s next session or in Paris;

4) Council to decide whether to authorize the issue of an official French translation of the Balkan and Finnish Treaties;

5) Advance copies of the Permanent Statute of the Free Territory of Trieste, the Provisional Regime Instrument and the Free Port Instrument to be communicated to the Security Council;

6) Small committee to be constituted to supply Security Council informally with any explanations required of the above documents.

VI. Peace Treaty With Italy. Article 69, Rolling Stock

The U.K. Delegation tabled the text of an addition to paragraph 5 of this Article. It was agreed to refer this proposal to the Committee of Economic Experts, together with an analogous proposal regarding merchant vessels made by the French Delegation. (See Annex 4)⁶

VII. Regime of the Danube

The definitive text of the resolution to be adopted by the Council regarding a conference to be convened for preparing a new Danube Convention was agreed. (Annex 5)

VIII. Permanent Statute of the Free Territory. Article 35. Interpretation

The Legal Committee asked for clarification of its duties as regards this Article. It was agreed that Article 35 of the Permanent Statute should be drafted in the same form as Article 76 of the Italian Treaty, with any necessary adaptations.

Annex 1

Permanent Statute of the Free Territory of Trieste

article 31–a. freedom of transit⁷

Freedom of transit shall, in accordance with customary international agreements, be assured to goods transported by railroad between the Free Port of Trieste and the states which it serves, without any discrimination and without customs or fiscal charges, by the Free Territory and the states whose territories are traversed.

article 31–b. railways⁸

Without prejudice to its proprietary rights over the railways within its boundaries and its control of the railway administration, the Free Territory may negotiate with Yugoslavia and Italy, jointly or severally, agreements for the purpose of ensuring the efficient and economical operation of its railways, [providing for a joint operation with the Free Territory of the railways in the direction of Yugoslavia or Italy respectively and also for the operation by the authorities of the Free Territory, Yugoslavia and Italy of the railway terminal and facilities on that part of the line which is common to all. In the latter case such operation may be effected by a special commission comprised of representatives of the Free Territory, Yugoslavia and Italy under the chairmanship of the representative of the Free Territory.]⁹

(Alternative Text)

Without prejudice to its proprietary rights … the efficient and economical operation of its railways. [Such agreements would determine where responsibility lies for the operation of the railways in the direction of Yugoslavia or Italy respectively … under the chairmanship of the representative of the Free Territory.]

article 31–c. civil aviation

1. Civil aircraft registered in the territory of any one of the United Nations which grants on its territory the same rights to civil aircraft registered in the Free Territory of Trieste, shall be granted the right to fly over the Free Territory without landing and to use for traffic purposes such airports as may be designated by the competent authorities of the Free Territory [and to land for noncommercial purposes].

2. These rights shall not be subject to any restrictions other than those imposed on a basis of non-discrimination by the laws and regulations in force in the Free Territory and in the countries concerned or resulting from the special character of the Free Territory as neutral and demilitarized.

Annex 2

Finances of Free Territory of Trieste

draft of letter to the secretary-general of the united nations¹⁰

As you are aware the Paris Conference recommended that, as an integral part of the peace settlement with Italy, a Free Territory of Trieste shall be constituted and that its integrity and independence shall be assured by the Security Council of the United Nations. In order that this responsibility may be properly discharged, the arrangements contained in the Treaty with Italy contemplate that the Security Council should appoint a Governor who shall be the representative of the Security Council and shall be responsible for supervising the execution of the Permanent Statute of the Free Territory including the protection of the basic human rights of the inhabitants and for ensuring that public order and security are maintained by the Government of the Free Territory in accordance with the Statute, the Constitution and laws of the Free Territory. He should assume office, if possible, upon the coming into force of the Peace Treaty with Italy. His salary and expenses as well as those of his immediate staff should be borne by the United Nations.

Should the Security Council approve the foregoing decisions, it is obvious that funds for this purpose will have to be provided. The Ministers of Foreign Affairs of France, U.K., U.S.S.R., and U.S.A. therefore suggest that the Secretary-General of the United Nations initiate the steps necessary for this purpose.

Annex 3

Statute of the Free Port of Trieste

article 3¹¹

The area of the Free Port shall include the territory and installations of the [two]¹² free zones of the Port of Trieste within the limits of the 1939 boundaries (map annexed).¹³

French, U.K. and U.S. Proposal

[The establishment of special zones under the exclusive jurisdiction of any country is incompatible with the status of the Free Territory and of the Free Port.

In order, however, to meet the special needs of Yugoslav and Italian shipping in the Adriatic, the Director of the Free Port of Trieste may, with the concurring advice of the International Commission, and in so far as technical conditions allow, reserve to merchant vessels flying the flags of Yugoslavia or Italy the exclusive use of berthing spaces within the Free Port.

The conditions under which such reservations are made shall be settled by agreements entered into between the Director and the shiping interests concerned, subject to approval by the International Commission for the Free Port.]

U.S.S.R. Proposal

[In order to meet the special needs of Yugoslav and Italian shipping in the Adriatic Sea the Director of the Free Port on request of the Yugoslav or Italian Governments as neighboring countries shall furnish, on the basis of a special agreement, to merchant vessels sailing under the flags of one of these two States the exclusive right to use certain parts of the territory of the Port with the wharves and other technical port facilities located thereon.]

In case of the necessity arising to increase the territory of the Free Port such increase may be made upon the proposal of the Director of the Free Port by decision of the Council of Government with the approval of the Popular Assembly.

Annex 5

Draft Resolution for the Convening of a Conference To Prepare a New Danube Convention¹⁴

1. The Governments of the U.S.A., U.K., U.S.S.R., and France agree to call within six months of the coming into force of the Peace Treaties with Roumania, Bulgaria and Hungary, a Conference to work out a new convention regarding the regime of navigation on the Danube to be composed of representatives of the Danubian States:—U.S.S.R., Ukrainian S.S.R., Bulgaria, Roumania, Yugoslavia, Czechoslovakia, and Hungary, and representatives of the following States, members of the Council of Foreign Ministers:—U.S.A., U.K., and France.

2. Subsequent changes in this convention, should they become necessary, shall also be made by the Conference composed as indicated above.

3. Austria shall take part in the above-mentioned conferences after the question of a Treaty with Austria has been settled.

5. Unlike the previous Records of Decisions, the source text for this Record is undated. A marginal notation indicates that this Record was revised as of December 28, 1946.
6. Not printed.
7. This article was adopted by the Council of Foreign Ministers at its 17th Meeting, December 6, 1946.
8. This article was amended by the Council of Foreign Ministers at its 17th Meeting, December 6, 1946; for the amended text, see the Record of Decisions of that Council meeting, p. 1462.
9. Brackets throughout this document appear in the source text and indicate unagreed language.
10. This draft letter was adopted by the Council of Foreign Ministers at its 17th Meeting, December 6, 1946. A copy of this letter, as signed by Couve de Murville and sent to the Secretary General of the United Nations on December 6, 1946, was circulated to the Council of Foreign Ministers as CFM(46) (NY) 76, December 12, 1946, not printed.
11. This article was amended and adopted by the Council of Foreign Ministers at its 17th Meeting, December 6, 1946; see the Record of Decisions of that Council meeting, p. 1462.
12. Brackets throughout this document appear in the source text and indicate unagreed language.
13. No map was found attached to the source text.
14. This draft resolution was adopted by the Council of Foreign Ministers at its 17th Meeting, December 6, 1946.