Foreign Relations of the United States, 1948, Eastern Europe; The Soviet Union, Volume IV

840.811/8–348: Telegram

The Ambassador in Yugoslavia (Cannon) to the Secretary of State

Belgrade, August 3, 1948.

Deldu 28. Summary follows draft convention on regime for navigation of Danube tabled by Soviet Delegation August 2, 1948:

Paper consists of draft convention of 42 articles, annex covering entry of Austria into Danube Commission and supplementary protocol nullifying 1921 convention and disposing of assets of former Danube Commissions.

Preamble lists countries participating present conference excepting Austria, refers 1946 CFM resolution and expresses desire assure free navigation on Danube consonant with “interests and sovereign rights of Danube states”.

Chapter 1 covering general clauses contains 4 articles. Article 1 provides for free and open navigation for nationals, commercial vessels and goods of all states on footing of equality respecting port and navigation charges and merchant shipping conditions. Article 2, convention applicable to entire navigable Danube between Ulm and Black Sea via Sulina Canal. In Article 3 Danube states undertake maintain channel through their respective territories in navigation, effect improvements and refrain from placing obstacles to navigation. Riparian states may undertake urgent works for maintenance navigation informing Commission of reasons therefore and description thereof. Article 4 obligates states permit Commission undertake works which they cannot carry out.

Chapter 2 covers administrative clauses. Section 1 (12 articles) relates to Danube Commission. Article 5 provides Commission composed 1 representative each Danube state. Article 6 provides for election officers from Commission members for 3 year terms. Article 7 defines competence Commission including (a) supervision in carrying out provisions of convention, (b) preparation estimates expenditures and works program, (c) execution of works carried out by Commission, (d) consultation with member states regarding other works, (e) consultation with special river administrations (Articles 17 and 18), (f) establishment uniform navigation conditions on entire river, (g) unification policing regulations, (h) coordination of hydrometeorological services, (i) maintenance of statistics, (j) publication necessary navigation aids and (k) preparation of budget. Article 8 provides for secretariat staffed by nationals of Danube states. Article 9 permits adoption budget by majority vote of members Commission and for equal annual contributions by members states for maintenance Commission. Special charges may be levied to finance works required maintain navigability. Article 10 provides for normal decisions by majority vote members present and for 5 member quorum. Article 11 specifies matters provided for in Article 7, paragraphs b, e, f, and g, shall require majority vote of all members but protects individual states against Commission majority decision to construct works on their own territory. Article 12 places Commission’s seat at Galatz, Rumania but permits change at discretion Commission.¹ Article 13 grants rights of juridical person in state where Commission located. By Article 14 official languages are Russian and French. Article 15 grants diplomatic immunities for Commission members and protects official property against seizure. Article 16 grants Commission seal and flag.

Section 2 (3 articles) deals with special river administrations. Article 17 establishes lower river administration for hydrometeorological works and regulation of navigation between mouth Sulina Canal and Braila, comprised of Rumanian and Soviet representatives and located at Galatz. Article 18 establishes similar Iron Gates administrations composed of Rumanian and Yugoslav representatives with seat at Orsova and Tekia. These administrations shall act on basis agreements between participating countries. Article 19 provides for notification to Commission of Special River Administrations agreements.

Chapter 3 is devoted to regime of navigation. Section 1 (8 articles) deals with navigation. Article 20 provides for regulation navigation on lower Danube and Iron Gates in accordance with regulations of Administration. On other parts of Danube navigation regulation by-riparian states concerned. Regulations of each Danube state “shall take into account basic provisions regarding navigation,” established by Commission. Article 21 provides for use ports and facilities subject regulations respective states. Article 22 restricts cabotage² to locally owned vessels except as permitted by state regulations. Article 23 assures non-discriminatory application sanitary and police regulations. Article 24 provides administration customs, sanitary and police regulations by respective states with notification regulations to Commission view to uniformity. Such regulations not to impede navigation. Also provides for sealing in-transit shipments on stretches within territory single state and for exemption from customs formalities when river forms frontier. Article 25 describes regulations for police and customs vessels of riparian states. Article 26 covers use radio facilities. Article 27 prohibits use Danube by naval vessels non-Danube states. Naval vessels Danube states restricted national waters except on agreement with state concerned.

Section 2 (3 articles) covers pilots service. Article 28 provides for pilot corps in lower Danube and Iron Gates section of the respective administrations. Article 29 requires use pilots on these sections river. Article 30 limits pilots corps to nationals countries parties to administrations concerned.

Chapter 4 (10 articles) describes procedure for meeting expenses incident to maintenance navigation. Article 31 requires states finance engineering works contemplated in Article 3, and commission those covered Article 7. Article 32 permits navigation charges on vessels to cover cost maintaining navigation and erecting works. Article 33 permits special charges to meet expenses maintenance navigation and works by administrations on vessels transiting sections river under their jurisdiction. Commission shall be advised nature of charges. Article 34 limits amount charges to cost maintenance and construction. Article 35 provides that Commission Danube States and Administrations shall work out schedules of charges in agreement with Commission. Basis charges is registered tonnage vessel. Article 36 provides for apportionment cost construction between riparian states where river forms frontier. Article 37 proscribes non-discriminatory treatment with respect to port dues. Article 38 provides for use port facilities on basis agreements with “appropriate transportation and expediting agencies” and for non-discriminatory treatment with respect to charges. Special rates granted on basis volume traffic and nature cargo declared not discriminatory. Article 39 exempts transit traffic from charges. Article 40 provides for fixings schedules of pilot charges by respective administrations.

Chapter 5 (2 articles) contains final clauses. Article 41 provides reference disputes between parties to convention regarding its application and interpretation at request either party to Conciliation Commission consisting 1 representative each party and 1 appointed by Chairman Commission from nationals of Danube states not parties to dispute. Decisions of Conciliation Commission are binding on parties to dispute. Article 42 provides convention shall become effective on deposit 6 ratifications.

Annex to Article 5 provides Commission membership for Austrian representative after settlement question treaty. Annex becomes effective simultaneously with convention and forms integral part thereof.

Supplementary protocol consists of 5 paragraphs:

One nullifies former Danube regime and international acts establishing it, particularly 1921 convention.

Two transfers to lower Danube administration all property of European Commission of Danube.³

Three cancels all obligations of European Commission concerning payment of credits granted it by various states.

Four cancels obligations former International Commission of Danube⁴ and former Iron Grates Administration.

Five transfers to new Commission property former International Commission and to Iron Gates Administration property former administration for that section.

Cannon

1. The first meeting of this Danube Commission was held at Galatz on November 11, 1949. After the ninth meeting, December 9–17, 1953, the headquarters of the Commission were moved to Budapest.
2. Local cargo and passenger traffic between ports within a state carried by ships of that state to the exclusion of this traffic to others.
3. The European Commission of the Danube for control of the maritime course of the river was provided for in the Treaty of Paris signed on March 30, 1856; for text, see British and Foreign State Papers, vol. xlvi, p. 8. Later modifications of the Commission are noted in Foreign Relations, The Paris Peace Conference, 1919, vol. xiii, pp. 665–667. The powers of the European Commission were modified and weakened in favor of Romania by the Protocol signed at Sinaia on August 18, 1938, and by the admission of Germany according to the Convention signed at Bucharest on March 1, 1939. (See Department of State, Documents and State Papers, vol. i, no. 4 (July 1948), pp. 269–273.) The functions of the Commission were interfered with by Germany and the Soviet Union during the second World War, and it was in effect dissolved. Although abolished in the Convention that was finally adopted in Belgrade on August 18, 1948, this action was not recognized by the United States and other European powers. The old European Commission met again in Rome in March 1953, and has since at times continued to meet there in exile for the limited purpose of arranging for payments, out of assets still existing in western European countries, of the Commission’s debts and of the annuities due to former employees.
4. The International Commission of the Danube for control of the fluvial portion of the river had been provided for in article 347 of the Treaty of Versailles signed on June 28, 1919; for text, see Foreign Relations, The Paris Peace Conference, 1919, vol. xiii, pp. 57, 664. The Convention Instituting the Definitive Statute of the Danube was signed at Paris on July 23, 1921; for text, see League of Nations Treaty Series, vol. xxvi, p. 175. It was forced to cease its activities during the second World War and its functions were carried on by other bodies dominated by Germany or the Soviet Union. (See Fred L. Hadsel, “Freedom of Navigation on the Danube,” Department of State Bulletin, June 20, 1948, pp. 790–791.) The Convention that was finally adopted at the close of the Belgrade Conference on August 18, 1948, abolished the International Commission of the Danube, but this decision was not recognized by the United States and other European powers.