THE DANUBE COMMISSION H

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THE DANUBE COMMISSION Hélène
PoszlerBUDAPEST, May 2008
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OUTLINE

• LEGAL NATURE intergovernmental international
  organization, subject of public international
  law, legal personality, founding document,
  Commissions statute, headquarters, diplomatic
  immunity and privileges, seal and flag.
• HISTORICAL BACKGROUND 4 periods, EDC.
• AIM TOWARDS A FREE NAVIGATION Belgrade
  Convention.
• THE DANUBE RIVER geography of the Danube,
  figures, the Danube as a way of transport.
• ROLE OF THE DC, activities, tasks, norms and
  rules for the navigation.
• FUNCTIONING legal basis, Member States,
  Observers, international organizations, official
  languages, 3 series of organs, decision-making
  process, financing, structure.
• A CASE OF DC INTERVENTION Sloboda bridge (Novi
  Sad region, former FRY).
• CONCLUDING REMARKS the future of the BC, pending
  questions.

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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.

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LEGAL NATURE OF THE DC(contd)

• Matters concerning the Commissions 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.

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SEAL AND FLAG OF THE DC
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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.
• 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).
• 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).

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THE EUROPEAN DANUBE COMMISSION
Flag of the EDC
Participants to the Congress of Paris (1856)
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THE EUROPEAN DANUBE COMMISSION(contd)

• 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.

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THE EUROPEAN DANUBE COMMISSION(contd)

• 1858 Second Conference of Paris? EDC would
  continue its activity until the complete
  achievement of all hydrotechnical works that had
  been started in the Danubes 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 Sulinas branch.
• 1871 Treaty of London ? prolongation of the
  prerogatives of the EDC until 1883.
• 1881 institution of the EDCs flag.
• 1883 Treaty of London ? prolongation of the
  prerogatives of the EDC for a period of 21 years.

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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).

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TOWARDS A FREE NAVIGATION (contd)

• BCs 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.

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GEOGRAPHY OF THE DANUBE
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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.

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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.

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CARGO SHIP
A cargo ship is any sort of ship or vessel that
carries cargo, goods, and materials from one port
to another.
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PUSH-TOW TUG
A push-tow tug is a powerful small boat designed
to pull or push larger ships.
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THE ROLE OF THE DC

• 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.

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ACTIVITIES

• 2 categories
• Normatives as each intergovernmental
  organization, the DC has to elaborate
  international norms, which will be adopted by
  each MS.
• 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.

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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.

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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)
• Boatmens 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 Boatmasters Licence in Inland
  Navigation with a view to their Reciprocal
  Recognition for International Traffic (1995).

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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.

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FUNCTIONING OF THE DC (contd)

• 3 series of organs
• 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.
• A Secretariat administrative and permanent
  organ, represents implementation.
• 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.
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STRUCTURE OF THE DC
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A CASE OF DC INTERVENTION
Sloboda bridge (Novi Sad Region,former Federal
Republic of Yugoslavia)
1999 NATO bombing of 3 bridges in Serbia
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1999 pontoon bridge
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2000 debris removed
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2005 bridge rebuilt
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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.

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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.

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Thank you for your kind attention
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