Proposal for a Council Decision on the signing of the Amending Protocol to the Convention regarding the Regime of Navigation on the Danube of 18 August 1948 (Belgrade Convention)
Date: 2008-11-06
Institutions: European Commission
Subjects: inland waterway shipping, maritime safety, protocol to an agreement, signature of an agreement

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.11.2008 
COM(2008) 700 final 

Proposal for a 

COUNCIL DECISION 

on the signing of the Amending Protocol to the Convention regarding the Regime of 
Navigation on the Danube of 18 August 1948 (Belgrade Convention) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  attached  Proposal  for  a  Council  Decision  for  the  signature  of  the  Amending 
Protocol to the Belgrade Convention constitutes the legal instrument for the signature 
by  the  Community  of  the  Amending  Protocol  to  the  Convention  regarding  the 
Regime of Navigation on the Danube of 18 August 1948 (Belgrade Convention). 

The  Council  decided  on  6  June  2007  to  authorise  the  Commission  to  negotiate  the 
accession  of  the  European  Community  to  the  Danube  Commission.  The  accession 
should  take  place  through  the  conclusion  of  a  Protocol  amending  the  Belgrade 
Convention,  in  the  context  of  its  revision  process  which  had  already  been  engaged 
since a number of years.  

The  negotiations  in  the  Preparatory  Committee  for  the  Revision  of  the  Belgrade 
Convention  were  undertaken  in  close  consultation  with  the  special  committee 
established  under  Article  300  (1)  of  the  EC  Treaty,  and  especially  with  the  EU 
Member States which are contracting parties to the Belgrade Convention.  

The  Preparatory  Committee  agreed  on  a  final  text  of  an  Amending  Protocol 
including  the  draft  revised  Belgrade  Convention,  on  6  June  2008.  After  some 
technical adjustments, the final text will be available in September/October 2008, in 
order  to  be  prepared  for  signature  at  a  diplomatic  conference  to  take  place  in 
Belgrade on 20-21 November 2008. The present proposal does not prejudge the final 
text of the Amending Protocol including the revised Belgrade Convention. 

The  main  purpose  of  the  revised  Belgrade  Convention  is  to  modernise  the  Danube 
Commission by strengthening its regulatory and operational capacities, the ultimate 
objective  being  the  promotion  of  inland  waterway  transport  on  the  Danube,  the 
potential  of  which  is  not  sufficiently  used.  In  addition,  the  membership  of  the 
European  Community  in  the  Danube  Commission  will  facilitate  the  adoption  of 
harmonised rules with regard to inland waterway transport on the Danube. 

The Commission asks the Council to engage the procedure for the signature of this 
Amending Protocol on the basis of the attached proposal.  

The  procedure  for  the  signature  of  the  Amending  Protocol  is  the  first  indent,  first 
sentence of Article 300 (2) of the EC Treaty, which provides for a separate Council 
Decision concerning the signing of the Amending Protocol on behalf of the European 
Community. 

In a further, separate step, to take place once the Amending Protocol will have been 
signed,  the  Commission  will  propose  to  the  Council  to  conclude  the  Amending 
Protocol  after  the  assent  of  the  European  Parliament  has  been  obtained,  in 
accordance with the second subparagraph, fourth alternative of Article 300 (3) of the 
EC Treaty. Ratification by all contracting parties is a prerequisite for the entry into 
force of the revised Belgrade Convention. 

In  line  with  the  above  the  Commission  requests  the  Council  to  decide  to  nominate 
the  Vice-President  of  the  European  Commission,  Mr  Antonio  Tajani,  to  sign  the 
Amending Protocol on behalf of the European Community. 

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Proposal for a 

COUNCIL DECISION 

on the signing of the Amending Protocol to the Convention regarding the Regime of 
Navigation on the Danube of 18 August 1948 (Belgrade Convention) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
71 in conjunction with Article 300 (2), first sentence thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

Negotiations with the contracting parties of the Belgrade Convention on the revision 
of  the  latter,  including  the  accession  of  the  European  Community  to  the  Danube 
Commission, have been completed on […]. 

Subject  to  a  possible  conclusion  at  a  later  date,  the  Amending  Protocol  should  therefore  be 
signed on behalf of the European Community, 

DECIDES:  

Sole Article  

Subject  to  its  possible  conclusion  at  a  later  date,  the  President  of  the  Council  is  hereby 
authorised  to  designate  the  persons  empowered  to  sign,  on  behalf  of  the  European 
Community,  the Amending Protocol  to the Convention regarding the Regime of Navigation 
on the Danube of 18 August 1948 (Belgrade Convention). 

Done at Brussels,  

For the Council 
The President 

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