THE THE DANUBEDANUBE

COMMISSIOCOMMISSIONN

Hélène Poszler

BUDAPEST, May 2008

OUTLINEOUTLINE1. LEGAL NATURE: intergovernmental international organization,

subject of public international law, legal personality, founding document, Commission’s statute, headquarters, diplomatic immunity and privileges, seal and flag.

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 as a way of transport.

5. ROLE OF THE DC , activities, tasks, norms and rules for the navigation.

6. FUNCTIONING: legal basis, Member States, Observers, international organizations, official languages, 3 series of organs, decision-making process, financing, structure.

7. A CASE OF DC INTERVENTION: Sloboda bridge (Novi Sad region, former FRY).

8. CONCLUDING REMARKS: the future of the BC, pending questions.

LEGAL NATURE OF THE DCLEGAL 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 DCLEGAL NATURE OF THE DC(cont’d)

• Matters concerning the Commission’s statute are regulated by the Convention on its privi leges 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 privi leges , the offices, the archives and the documents of every kind belonging to the DC are inviolable.

SEAL AND FLAG OF THE DSEAL AND FLAG OF THE D CC

HISTORICAL HISTORICAL BACKGROUNDBACKGROUND

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 “definit ive 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 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:

THE EUROPEAN DANUBE THE EUROPEAN DANUBE COMMISSIONCOMMISSION

Flag of the EDCParticipants to the Congress of Paris (1856)

THE EUROPEAN DANUBE THE EUROPEAN DANUBE COMMISSIONCOMMISSION

(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 THE EUROPEAN DANUBE COMMISSIONCOMMISSION

(cont’d)• 1858: Second Conference of Paris EDC would continue

its activity unti l 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 f inalize 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 TOWARDS A FREE NAVIGATIONNAVIGATION

• 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 NAVIGATIONTOWARDS 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 GEOGRAPHY OF THE DANUBEDANUBE

FIGURESFIGURES

• 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 mil l ion tons of merchandise transported.

DANUBE AS A WAY OF DANUBE AS A WAY OF TRANSPORTTRANSPORT

• 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 CARGO SHIPSHIP

A cargo ship is any sort of ship or vessel that carries cargo, goods, and materials from one port to another.

PUSH-TOW TUGPUSH-TOW TUG

A push-tow tug is a powerful small boat designed to pull or push larger ships.

THE THE ROLE OF THE DCROLE OF THE DC

1. The modernization and unif ication 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 polit ical 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 col lection, the crit ical 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.

ACTIVITIESACTIVITIES

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.

TASKSTASKS• 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 traff ic 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, sail ing directions,

navigational charts and atlases for purposes of navigation;

• to prepare and approve the budget of the Commission.

NORMS AND RULES FOR THENORMS AND RULES FOR THE NAVIGATIONNAVIGATION

• Basic Provisions relating to Navigation on the Danube (1951) + special recommendations.

• Rules on River Surveil lance (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, telecommunications, radiotelephonic services, radars, maintenance of the waterway…).

• 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 FUNCTIONING OF THE DDCC

• 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 DCFUNCTIONING 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. Consultat ive and technical organs: experts, persons sent by the MS, specialized in the matter discussed.

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.

Decision-making process: mainly by simple majority.

STRUCTURE OF THE DSTRUCTURE OF THE D CC

Chief Engineer Deputy Director for the Development of the

Danubian Navigation and Administrative Affairs

Nautical Advisor

Technical Advisor

Maintenance of the Waterway Advisor

Exploitation and Ecological Advisor

Juridical Advisor Financial Advisor Edition and Public Relations Advisor

Sec re ta r i a t o f th e Dan ub e Com mi ss i on

Repr es en ta t ive s o f the Me mber S t a t es to t he Da nube Com mi ss i on C C o m m m m C o m m i s s i o n m i s s i o n d u D a n u b e

President of the DC Secretary

of the DC Vice-

President of the DC

Director General of the Secretariat

Economic and Statistic Analysis Advisor

A CASE OF DC INTERVENTION:A CASE OF DC INTERVENTION:

1999: NATO bombing of 3 bridges in Serbia

Sloboda bridge (Novi Sad Region,former Federal Republic of Yugoslavia)

1999: pontoon bridge

2000: debris removed

2005: bridge rebuilt

THE FUTURE OF THE THE FUTURE OF THE BELGRADE CONVENTIONBELGRADE 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 competit ive waterway, in order to play its appropriate role within the framework of a sustainable European transport policy.

• Improving the insti tutional 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 QUESTIONSPENDING 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 Thank you for your kind kind attentionattention

www.danubecom-intern.org