Additional Protocol No 2 To The Revised Convention On The Navigation Of The Rhine (articles 2 paragraphe 3 et 4 nouveaux : conditions de transport)

Filename: 1979-Protocol2-1963-RevisedNavigationRhine.EN.txt

ADDITIONAL PROTOCOL No. 2 to the Revised Convention for Rhine Navigation,

Source: http://www.ccr-zkr.org/Files/ProtAdd2_en.pdf, downloaded 20110921

THE FEDERAL REPUBLIC OF GERMANY,

THE KINGDOM OF BELGIUM,

THE FRENCH REPUBLIC,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

THE KINGDOM OF THE NETHERLANDS,

THE SWISS CONFEDERATION,

Whereas certain difficulties have arisen in the application and interpretation of certain articles of the Revised Convention for Rhine Navigation of 17 October 1868 as amended on 20 November 1963

Have agreed to make the following amendments and additions:

Articles I and II contain a new article 2, paragraph 3 and article 4 which have been included in the Convention.

ARTICLE III

The provisions of the Revised Convention for Rhine Navigation and of its subsequent amendments shall be repealed in so far as they are still in force and are incompatible with this Protocol.

ARTICLE IV

The present Additional Protocol shall be subject to ratification.

The instruments of ratification shall be deposited with the Secretariat of the Central Commission for preservation in its archives.

A record of the deposit of the instruments of ratification shall be made by the secretary-General who shall transmit to each of the signatory States a certified true copy of the instruments of ratification and of the record of deposit.

ARTICLE V

This Additional Protocol shall come into force on the first day of the month following the deposit of the sixth instrument of ratification with the Secretariat of the Central Commission. The Secretary-General shall inform the other signatory States thereof.

ARTICLE VI This Additional Protocol, drawn up in a single original in German, in French and in Dutch, the French text being authentic in the event of divergences, shall remain deposited in the archives of the Central Commission.

A copy certified as true by the Secretary-General shall be transmitted to each of the Contracting States.

IN WITNESS WHEREOF, the undersigned having deposited their full powers, have signed this Additional Protocol.

DONE at Strasbourg on 17 October 1979.

PROTOCOL OF SIGNATURE of Additional Protocol No. 2 to the revised Convention for Rhine Navigation

The Plenipotentiaries

OF THE FEDERAL REPUBLIC OF GERMANY,

OF THE KINGDOM OF BELGIUM,

OF THE FRENCH REPUBLIC,

OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

OF THE KINGDOM OF THE NETHERLANDS,

OF THE SWISS CONFEDERATION,

meeting at Strasbourg for the signature of Additional Protocol No. 2 to the Revised Convention for Rhine Navigation have agreed, on signing the Protocol, on the following provisions which shall be an integral part of the said Additional Protocol:

1. The document referred to in Article 2, paragraph 3, of the Revised Convention for Rhine Navigation, amended by Additional Protocol No. 2, shall be issued by the competent authorities of the State concerned only for a vessel which has a genuine link with that State, the aspects of which shall be determined on the basis of the equality of treatment between Contracting States which shall take the necessary steps to ensure its standard adoption. When the conditions for the issue of this document are no longer met, it shall cease to be valid and shall then be withdrawn by the authority which issued it.

2. With a view to the development of a common policy for transport and the Rhine regime, the Contracting States shall. be prepared to take the necessary steps to permit the negotiation of such amendments to the revised Convention for Rhine Navigation as might prove necessary with a view to the possible accession of the European Economic Community to the international regulations on the Rhine.

3. With a view to this possible accession, the same treatment accorded to vessels belonging to the Rhine navigation system shall be accorded as soon as this Protocol enters into force to vessels with the right to fly the flag of any state member of the European Community. The same treatment may be accorded by a decision taken pursuant to the procedure of Article II, first paragraph, second sentence, of Additional Protocol No. 2, to vessels flying the flag of another State.

4. Articles IV and VI of Additional Protocol No. 2 to the Revised Convention on Rhine Navigation shall also apply to this Protocol of Signature.

IN WITNESS WHEREOF, the undersigned, having deposited their full powers, have signed this Protocol of Signature.

DONE at Strasbourg on 17 October 1979.

For the Federal Republic of Germany: (signed) H.K. ROBERT

For the Kingdom of Belgium: (signed) N. ERKENS

For the French Republic: (signed) G. GUILLAUME

For the United Kingdom of Great Britain and Northern Ireland: (signed) C.C. PITTAM

For the Kingdom of the Netherlands: (signed) W. RIPHAGEN

For the Swiss Confederation: (signed) E. DIEZ

STATEMENT BY SWITZERLAND

In signing of this Protocol of Signature, the Swiss Plenipotentiary noted that the Swiss Government was able to accept the provisions agreed on in paragraph 3 concerning the obligations of other Contracting States vis-à-vis the European Economic Community and the fact that the economic structure of the inland navigation market of States benefiting from those provisions is identical or equivalent to that of the Contracting States and cannot, for that reason, adversely affect the existing economy of the Rhine market.

For the Swiss Confederation: (signed) E. DIEZ