The Danube Commission is an international intergovernmental organization established by the Convention regarding the regime of navigation on the Danube signed in Belgrade on 18 August 1948
2. OUTLINEOUTLINE
1. 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
3. 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.
4. LEGAL NATURE OF THE DCLEGAL 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.
6. HISTORICALHISTORICAL 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 “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
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:
7. THE EUROPEAN DANUBETHE EUROPEAN DANUBE
COMMISSIONCOMMISSION
Flag of the EDC
Participants to the Congress of Paris
(1856)
8. THE EUROPEAN DANUBETHE 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.
9. THE EUROPEAN DANUBETHE EUROPEAN DANUBE
COMMISSIONCOMMISSION
(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.
10. TOWARDS A FREETOWARDS 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).
11. 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
13. 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 million tons of merchandise transported.
14. DANUBE AS A WAY OFDANUBE 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.
15. CARGOCARGO SHIPSHIP
A cargo ship is any sort of ship or vessel that carries
cargo, goods, and materials from one port to another.
17. THETHE ROLE OF THE DCROLE 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.
18. 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.
19. 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 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.
20. NORMS AND RULES FOR THENORMS AND RULES FOR THE
NAVIGATIONNAVIGATION
• 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, 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
21. FUNCTIONING OF THEFUNCTIONING 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.
22. 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. Consultative 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.
23. 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
Secretariat of the Dan ube Commission
Representatives of the Member States to the Danube
Commission 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
24. 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)
28. THE FUTURE OF THETHE 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
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
29. 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.
30. Thank you for yourThank you for your kindkind
attentionattention
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