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

840.811/8–1348: Telegram

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

us urgent

Belgrade, August 13, 1948.

Deldu66. From Dustmann for Michael McDermott and Dunning. Statement by Cannon in support US amendments to Article VII E and Articles XVII, XVIII, XIX and first paragraph Article XX Soviet draft before night session general commission Danube conference August 13.

American proposed amendment to Article VII E is directly related to proposed amendment substituting one new article for Articles XVII, XVIII, XIX and first paragraph Article XX of Soviet draft which provide for establishment “Special River Administrations”.

I would like to call attention to first paragraph Article VII Soviet draft which states:

“The terms of reference of the Commission are applicable to the Danube in accordance with Article 2.”

And then to Article II Soviet draft which states:

“The regime established by this Convention is applicable to the whole navigable part of the Danube river between Ulm and the Black Sea over the Sulina arm with the Outlet to the sea through the Sulina Canal [Channel].”

Clearly, these provisions contemplate jurisdiction of commission shall extend over whole Danube, to which all sections Article VII would apply. Section E Article VII, however, read in conjunction Articles XVII through XX, removes from this jurisdiction administration of two most important segments of river requiring special works.

Amendment to Section [Article] VII E proposed by US delegation¹ would clearly establish primary jurisdiction of commission over whole river to insure compliance with principles convention. In order carry out such responsibilities, commission should have greater authority than merely right consult, make recommendations to and exchange information with special administrative bodies. Nothing in Soviet draft of Articles XVII, XVIII, XIX or first paragraph Article XX requires autonomous administrations to act conformity with principles convention.

Article VII therefore, imposes specific responsibilities upon commission then fails give it authority fulfill them. US Delegation submits its amendment to Article VII E with view to reconciling authority of commission with responsibilities. Past experience has shown it not only expedient but essential that special technical administrative services be established to deal with sectors of Danube presenting special problems such as Iron Gates sector and mouth Danube. It has been proposed by Czech and Hungary that Gabchikovo–Gonyu sector of Danube also be subject similar administration.

Proposed new Article XVII which submitted by US as amendment to Articles XVII, XVIII, XIX and first paragraph Article XX² would authorize commission by agreement with riparian states concerned to establish such technical administrative services. It sufficiently flexible to cover such additional special services as Czech and Hungarian proposal or any similar services which found necessary in future.

I frequently heard it said at this conference that times have changed—that rights of all riparians must be respected and not ignored (so goes the claim) as in past. Yet proposal of Soviet Union for establishment of autonomous bilateral administrations at Iron Gates and over Maritime Danube could effectively exclude other riparians from voice in administration. US believes all riparians as well as minority non-riparian should participate in administration entire river which so important to all users. We should not forget large areas of upstream riparian states do not have any other waterway access to sea. Surely these landlocked riparians have right to participate in supervision through commission of administration of these crucial navigation points on river which provide their access to sea and links between themselves. [Dustman.]

Cannon

1. The proposed amendment of the United States delegation to Article VII e/of the Soviet draft convention read:

   “e/ To review, approve, and supervise, on the basis of proposals made by the Special Services provided for in Article 17, all measures which may be usefully undertaken in respect of the upkeep and improvement of the navigable conditions and of the administration of the sections concerned, and to insure that all charges and regulations recommended, established, or applied by the Special Services are non-discriminatory and not in conflict with the principle of free and unobstructed international navigation on the Danube, as set forth in this convention.”

2. The proposed new Article XVII submitted by the United States delegation as an amendment of the Soviet draft convention read:

   “Delete Articles 17, 18, 19, 20 of the Soviet draft convention and substitute the following article:

   Article 17

   In order to maintain and improve navigable conditions on the sections of the Danube presenting special problems such as the Iron Gates and the mouths of the Danube, the Commission shall by agreement with the riparian states concerned establish special technical and administrative services.

   Those special services shall act on the basis of agreement between the commission and the governments of the riparian states concerned under the provisions of Article 7 e of this convention.

   The personnel of these services shall be provided and appointed by the riparian states concerned and shall be placed under the direction of heads of services selected by the states concerned and approved by the Commission.

   The seat of each of these special services shall be determined by agreement between the Commission and the riparian state or states concerned.”