Transcript Document
THE DANUBE COMMISSION Hélène Poszler BUDAPEST, May 2008 OUTLINE 1. LEGAL NATURE: intergovernmental international organization, subject 2. HISTORICAL BACKGROUND: 4 periods, EDC. 3. AIM: TOWARDS A FREE NAVIGATION: Belgrade Convention. 4. THE DANUBE RIVER: geography of the Danube, figures, the Danube 5. ROLE OF THE DC, activities, tasks, norms and rules for the navigation. 6. FUNCTIONING: legal basis, Member States, Observers, international 7. A CASE OF DC INTERVENTION: Sloboda bridge (Novi Sad region, 8. CONCLUDING REMARKS: the future of the BC, pending questions. of public international law, legal personality, founding document, Commission’s statute, headquarters, diplomatic immunity and privileges, seal and flag. as a way of transport. organizations, official languages, 3 series of organs, decision-making process, financing, structure. former FRY). LEGAL NATURE OF THE DC • International organization: organization which regroups persons in order to coordinate actions touching several countries. • Intergovernmental organization: composed of sovereign states (11), its scope has been created with a specific purpose: navigation. • Subject of Public International Law, capable of entering into agreements with other international organizations or with states. • Legal personality in conformity with the legislation of the State where its headquarters are located (Hungary). • Established by a founding document in virtue of Article 5 of the Convention regarding the Regime of Navigation on the Danube. LEGAL NATURE OF THE DC (cont’d) • Matters concerning the Commission’s statute are regulated by the Convention on its privileges and immunities (entered into force on 28 January 1964). • Questions concerning the headquarters of the DC in Hungary are ruled by a bilateral agreement concluded on 27 May 1964 between the Government of the People's Republic of Hungary and the DC and the Additionnal Protocol to this agreement. • In conformity with Article 16 of the BC, the members of the DC and the servants mandated by it are granted diplomatic immunity and privileges, the offices, the archives and the documents of every kind belonging to the DC are inviolable. SEAL AND FLAG OF THE DC HISTORICAL BACKGROUND The Danube, at all times, played a great role in the development of external economic relations of the countries situated in the Danube basin. 4 periods: 1. 1815: Congress of Vienna, Final Act principle of freedom of navigation on international waterways. 2. 1856: Paris Conference (I), 18 March 1856: signature of the Treaty of Paris Black Sea open and free to vessels of commerce of all nations + Danube: subjected to the rules of the Final Act of the Congress of Vienna + creation of the European Danube Commission (EDC). 3. 1921: Paris Conference (II), July 1921: signature of a Convention establishment of the “definitive statute of the Danube” + creation of the International Danube Commission (IDC). 4. 1948: Belgrade Conference, 18 August 1948: signature of the Convention regarding the Regime of Navigation on the Danube + creation of the Danube Commission (DC). THE EUROPEAN DANUBE COMMISSION Flag of the EDC Participants to the Congress of Paris (1856) THE EUROPEAN DANUBE COMMISSION (cont’d) • 1856: creation, initially founded for two years. • Task: responsible for the execution of works in order to have no obstacle on the Danube (Article 16 of the Treaty of Paris). • 7 Member States: signatories of Treaty of Paris: Russia, Austria, France, Great Britain, Prussia, Sardinia, Turkey. • Increasing power prolongation of its existence. THE EUROPEAN DANUBE COMMISSION (cont’d) • 1858: Second Conference of Paris EDC would continue its activity until the complete achievement of all hydrotechnical works that had been started in the Danube’s embouchure. • 1860: for the 1st time, introduction by the EDC of a tariff for the passage of boats in order to finalize deepening works of the bed and of protection started on Sulina’s branch. • 1871: Treaty of London prolongation of the prerogatives of the EDC until 1883. • 1881: institution of the EDC’s flag. • 1883: Treaty of London prolongation of the prerogatives of the EDC for a period of 21 years. TOWARDS A FREE NAVIGATION • After World War II, Conference: delegations from Danubian States, USA, England, France. • 18 August 1948: signature of the Convention regarding the Regime of Navigation on the Danube in Belgrade (so-called Belgrade Convention). • BC: founding document, international legal instrument governing navigation on the Danube. • Entered into force on 11 May 1949 (dualistic system). TOWARDS A FREE NAVIGATION (cont’d) • BC’s main idea (Preamble): „providing for free navigation on the Danube in accordance with the interests and sovereign rights of the Danubian States”. • Chapter I: General Provisions: Article 1: free navigation + Article 3: „The Danubian States undertake to maintain their sections of the Danube in a navigable condition (…) to carry out the works necessary (…)” • Chap. II: Administrative Provisions: Section I: DC + Section II: Special River Administrations. • Chap. III: Regime of Navigation. • Chap. IV: Procedure for Defraying the Cost of Maintenance of Navigation (financial matters). Chap. V: Final Provisions. • 1998 Supplementary Protocol to the Convention regarding the Regime of Navigation on the Danube: adhesion of Germany, Croatia and Moldavia to the BC. GEOGRAPHY OF THE DANUBE FIGURES • 2nd longest river on the European continent after the Volga. • Length: 2850 km, international navigation on 2411 km. • Total area of the basin: 817,000 sq km. • Length of the basin from West to East: 1690 km, width: 820 km. • The hydrographic net of the Danube basin is formed of about 120 tributaries (ex.: the Inn, the Drava, the Tisza, the Sava, the Morava, the Olt, the Siret and the Prut). • Some years, the domestic and international traffic represent more than 100 million tons of merchandise transported. DANUBE AS A WAY OF TRANSPORT • As „Corridor VII” of Europe, the Danube is an important transport route. • Since the opening of the Rhine-Main-Danube Canal (1992), the river connects the Black Sea with the industrial centers of western Europe and with the Port of Rotterdam. • Types of ships: cargo vessels, push-tow tugs, pleasure crafts (vessel of any type intended to be used for the purpose of sport and recreation). Sea ships from the Black Sea to Braila in Romania and river ships. • Merchandise + passengers are transported. • Kinds of merchandise: mineral raw materials, minerai, iron, copper, solid combustibles, liquid hydrocarbures, grains. CARGO SHIP A cargo ship is any sort of ship or vessel that carries cargo, goods, and materials from one port to another. PUSH-TOW TUG A push-tow tug is a powerful small boat designed to pull or push larger ships. THE ROLE OF THE DC 1. The modernization and unification of the normative base of navigation on the Danube of all the rules and prescriptions concerned with navigation, in nautical, technical, environment protection, economical use fields etc. 2. The contribution to the improvement of political relations of River countries, particularly as a political mediator in case of political obstacles to the free navigation, as well as the sustainable prevention of such obstacles. 3. The systematical collection, the critical evaluation and the promotion of everything serving the navigation on the Danube, the coordination of national activities of River states and the incentive support of navigation on the Danube as a whole. ACTIVITIES 2 categories: 1. Normatives: as each intergovernmental organization, the DC has to elaborate international norms, which will be adopted by each MS. 2. Operationals: as a technical assistance (for example, intervention to help MS solve disagreement), the DC can control in the field to check if norms have been respected. • • • • • • • • • TASKS BC, Chapter II, Article 8. to supervise the implementation of the provisions of this Convention; to prepare a general plan of the prinicpal works called for in the interest of navigation (…) and, likewise to draw up a general budget in connexion with such works (…); to establish a uniform system of traffic regulations on the whole navigable portion of the Danube; to unify the regulations governing river inspection; to co-ordinate the hydro-meteorological services on the Danube; to produce statistics on aspects of navigation on the Danube; to publish reference works, sailing directions, navigational charts and atlases for purposes of navigation; to prepare and approve the budget of the Commission. NORMS AND RULES FOR THE NAVIGATION • Basic Provisions relating to Navigation on the Danube (1951) + special recommendations. • Rules on River Surveillance (adopted in 1951). • Agreement on International Danube Freight Rates (MGDT Agreement, 1979). • Rules concerning the International Carriage of Dangerous Goods (1995) • Boatmen’s Guide. • Recommendations (pushers, radiotelephonic services, radars, waterway…). telecommunications, maintenance of the • Recommendations on Technical Requirements for Inland Navigation Vessels (adopted in 1992). • Recommendations on Minimum Requirements for the Issuance of Boatmaster’s Licence in Inland Navigation with a view to their Reciprocal Recognition for International Traffic (1995). FUNCTIONING OF THE DC • Legal basis: Chap. 2 BC and Rules of Procedure of the DC. • 11 Member States (1948, 1998) Austria, Bulgaria, Croatia, Germany, Hungary, Moldova, Slovakia, Romania, Russia, Ukraine, Serbia. • 7 Observers (2001, 2006): France, Netherlands, Czech Republic, Turkey, Cyprus, Greece, Montenegro. • Cooperation with international organizations: CCNR, UNECE, Sava Commission, ICPDR etc… • Official and working languages: French, German, Russian. FUNCTIONING OF THE DC (cont’d) 3 series of organs: 1. A gathering of representatives of the Member States (1 for each): deliberative organ (= has voting power). Meets twice a year in ordinary session. Established to supervise the implementation of the BC and fulfill various other tasks aiming at ensuring adequate conditions for shipping on the Danube. 2. A Secretariat: administrative and permanent organ, represents implementation. 3. Consultative and technical organs: experts, persons sent by the MS, specialized in the matter discussed. Decision-making process: mainly by simple majority. Financing: MS = contributors, same level of contribution in the budget, approved at the session by simple majority + voluntary contributions of Observers. The budget is planned for one calendar year and is expressed in euros. STRUCTURE OF THE DC VicePresident of the DC President of the DC Secretary of the DC Representatives of the Member States to the Danube C o m m i s s i o n C C o m m mDirector mCom missionmission du Danube General of the Secretariat Chief Engineer Deputy Director for the Development of the Danubian Navigation and Administrative Affairs Juridical Advisor Nautical Advisor Technical Advisor Financial Advisor Maintenance of the Waterway Advisor Edition and Public Relations Advisor Exploitation and Ecological Advisor Economic and Statistic Analysis Advisor Secretariat of the Danube Commission A CASE OF DC INTERVENTION: Sloboda bridge (Novi Sad Region, former Federal Republic of Yugoslavia) 1999: NATO bombing of 3 bridges in Serbia 1999: pontoon bridge 2000: debris removed 2005: bridge rebuilt THE FUTURE OF THE BELGRADE CONVENTION • Strengthening free navigation and non-discriminatory policies with the view to facilitate closer cooperation and future integration of inland navigation in Europe. • Developing the Danube as an efficient and competitive waterway, in order to play its appropriate role within the framework of a sustainable European transport policy. • Improving the institutional aspects of the Convention and reforming the Commission with a view to adapt it to the present realities and in order to provide it with the tools needed for dealing with the challenges of the future. PENDING QUESTIONS 1. Need to harmonize the technical prescriptions, rules and standards, as well as of legal provisions in force on the Danube, on the Rhine, within the European Union, and those adopted by the UNECE, with the aim of creating a uniform Pan-European system of inland navigation consisting of organizational structures that can meet present conditions. 2. Necessity to bring the Belgrade Convention into harmony with present day circumstances. Revision of the BC in process by a Preparatory Committee composed of the representatives of the Contracting Parties of the Belgrade Convention. Thank you for your kind attention www.danubecom-intern.org