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[Navigation of the River Pruth.]

No. 401.-ACT between Austria, Russia, and the United Principalities of Moldavia and Wallachia, relative to the Navigation of the Pruth. Signed at Bucharest, December, 1866.*

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2. Tax to be levied for the Improvement of the Pruth, and for the Maintenance of its Navigability.

3. Produce and Merchandise to be free of Passage or Transit Dues.

4. Customs Regulations.

5. Facilities to be given to Commerce and Navigation.

6. Establishment of Custom-House Stations.

7. Appointment of a Permanent Mixed Commission.

8. Appointment of an Inspector of Works.

9. Inspector to act under the Permanent Commission.

10. Maintenance of the Inspector.

11. General Project for the Navigation of the Pruth to be approved by the 3 Governments.

12. Power to Commissioners to introduce Modifications in the Works.

13. Works to belong exclusively to the use of the Navigation of the Pruth. 14. Assistance to be afforded to the Mixed Commission.

15. Towing Paths.

16. Erection of Mills, &c., forbidden.

17. Permission to be obtained for the erection of Bridges, &c.

18. Erection of Works by Riverain Suburban and Rural Communes. Amount of Taxes to be levied.

19. Communication between either Bank by means of Bridges and Ferries. 20. Tariff of Navigation Taxes.

21. Division of the Produce of the Toll.

22. Reduction of Taxes on Navigation.

23. Special Regulations for Levying Tolls, and the Administration of Navigation Funds.

24. Funds levied to be under Control of the Inspector.

25. Detailed Accounts and Statements to be made Annually.

26. Navigation and Police Regulation.

27. The Regulation to apply to Civil Lists.

28. Assistance to be afforded to the Inspector, &c., by the 3 Governments.

29. Establishment of Quarantine Lines.

30. Vessels descending the Pruth to be free from Sanitary Control.

31. Duties to be Levied at Mouth of the Pruth.

32. Military Assistance to Commissioners, &c. Assistance of Consular Authority. Sittings of Mixed Commission.

(Translation.†)

THE Government of His Majesty the Emperor of All the

See also Regulations of 8th February, 1871.

+ For French version, see "State Papers," vol. lviii, p. 631.

[Navigation of the River Pruth.]

Russias, the Government of His Imperial and Royal Apostolic Majesty, and the Government of His Serene Highness the Reigning Prince of the United Principalities, in their desire to regulate with one accord, in the character of Co-Riverain States, the Navigation of the Pruth, have agreed to that effect to the following Stipulations:

Free Navigation of the Pruth.

ART. I. The Navigation through the whole extent of the Pruth, in so far as it flows through or separates the States of the High Contracting Parties shall be entirely Free, and shall not, in matters of Commerce, be interdicted to any Flag. Vessels and their crews shall, nevertheless, be obliged to conform strictly to the Navigation Regulations to be agreed upon,* as well as to the special dispositions contained in the Articles of the present Act. Tax to be levied for the Improvement of the Pruth, and for the Maintenance of its Navigability.

ART. II. With the exclusive view of covering the expenses of Works for the improvement of the River and those for the Maintenance of its Navigability, a fair Tax shall be imposed on the Navigation and levied at the Mouth of the Pruth in the Danube. Besides this only Tax, no other Duty, whatever may be its name or origin, shall be levied on the Navigation, except in the cases mentioned in Article XVIII.

Produce and Merchandise to be Free of Passage or Transit Dues. ART. III. Produce and Merchandise carried on the Pruth shall be entirely free from Passage or Transit Dues.

Customs Regulations.

ART. IV. The Customs Lines shall everywhere follow the Banks of the River without ever crossing it. All Vessels, Rafts, &c., therefore, so long as they are navigating or at anchor in the bed of the River, shall be entirely free from any action of the Customs; they shall, on the contrary, be subject to the Regulations in force in each of the Riverain States, for external Commerce, so soon as they shall have reached either Bank.

Facilities to be given to Commerce and Navigation.

ART. V. In order to favour as much as possible the development of Commerce and Navigation, there shall be introduced into * See Regulations, 8th February, 1871.

[Navigation of the River Pruth.]

the River Police Regulations special Dispositions to prevent the duties of the Custom-house officers being an obstacle or an impediment in the way of Navigation. Particular care will be taken to facilitate, as much as possible, the Towage of Vessels along the Banks.

Establishment of Custom-house Stations.

ART. VI. With a view to facilitating the operations of Commerce and Navigation, the Governments will also increase, as far as the local circumstances shall admit of it, the number of Customhouse stations, for the export and import of Merchandise.

Appointment of a Permanent Mixed Commission.

ART. VII. A Permanent Mixed Commission, composed of Delegates of Russia, Austria, and the United Principalities, shall be appointed to put the Pruth into the best possible navigable condition, and to draw up a Navigation Act containing River Police Regulations and a Tariff of Dues.* The Mission of that International Authority shall consist: (a) in fixing and causing to be executed Works indispensable for the amelioration of the bed of the River; (b) to settle and to put into operation the Tariff of Navigation Dues for the reimbursement of the Expenses for the improvement of the River and those for the maintenance of the Works; (c) to draw up the River Police Regulations; (d) to watch over the preservation of the Works and the strict observance of the Regulations.

Appointment of an Inspector of Works.

ART. VIII. The Mixed Commission of the Pruth shall appoint, by common consent of the 3 members composing it, an Inspector whose duty shall be: (a) to superintend the execution of the Works of amelioration, with a view to their conformity with the Projects, Plans, and Estimates approved by the 3 Governments; (b) to exercise a correct control over the amount of the Taxes according to the Tariff agreed upon by the Commission; (c) to insure the strict application of all the dispositions of the River Police Regulations; (d) to watch over the preservation in a good state of the Works of amelioration and to enforce their necessary execution.

Inspector to act under the Permanent Commission.

ART. IX. The Inspector shall act as the organ of the Perma-
See Regulations, 8th February, 1871.

[Navigation of the River Pruth.]

nent Commission and under its direction. He shall have an international character, and his authority shall be exercised indiscriminately with regard to either Flag.

Maintenance of the Inspector.

ART. X. The maintenance of the Inspector shall be carried annually to the Budget of the general expenses of the Navigability of the River.

General Project for the Navigation of the Pruth to be approved by the 3 Governments.

ART. XI. The Works for the Improvement of the Pruth shall be executed according to a general Project for the whole of its navigable course. That general Project as well as the special Plans and Estimates consequent thereon, shall be submitted to the approval of the 3 Governments.

Power to Commissioners to introduce Modifications in the Works.

ART. XII. In consideration of the frequent and unforeseen changes to which Rivers are generally subject, the Mixed Commission shall have the power of introducing into the Project of Works, at the time of their execution and if the necessity occurs, Modifications of secondary importance. It is, nevertheless, understood that the Commission shall neither suppress a part of the Works or exceed the limits of the Estimates, without an express authority from the Governments.

Works to belong exclusively to the use of the Navigation of the Pruth.

ART. XIII. All Works erected in conformity with the preceding Articles by the Mixed Commission, together with their accessories and dependencies, shall always remain exclusively appropriated to the use of the Navigation of the Pruth, and cannot be diverted therefrom for any reason whatsoever, and in that respect, they shall be placed under the Guarantee and the Safeguard of International Right. The Permanent Commission, to be appointed by virtue of Article VII, shall be entrusted, to the exclusion of all other interference whatever, with the administration of those Works for the benefit of Navigation, to watch over their Maintenance and Preservation, and give them all the development that the exigencies of the Navigation may require.

[Navigation of the River Pruth.]

Assistance to be afforded to the Mixed Commission.

ART. XIV. The Governments Signataries of the present Act engage to afford the Mixed Commission all the assistance and co-operation of which they may stand in need for the execution of the Works of Art and generally for everything relating to the fulfilment of their task.

Towing Paths.

ART. XV. Roads for the Towage of Vessels shall be laid down on both Banks of the River.

Erection of Mills, &c., forbidden.

ART. XVI. No Mills, Dykes, Irrigation Wheels, and other buildings which obstruct the bed of the River, or impede communication with the Towing Paths, shall be allowed to be erected in the River and close to its Banks.

Permission to be obtained for the Erection of Bridges, &c.

ART. XVII. No Bridges, Landing Places, Quays, and others of a similar nature, shall be erected on either Bank of the River, either by Commercial or Navigation Companies, or by Private Individuals, the Plans of which shall not have been communicated to the Mixed Commission, and allowed as in no way compromising the effect of the Works of Amelioration.

Erection of Works by Riverain, Suburban, and Rural Communes.

ART. XVIII. The Riverain, Suburban, and Rural Communes, which might wish to erect at their own expense Works of known utility to Vessels, such as Works of Approach, &c., shall be authorised to levy a corresponding Tax which, under all circumstances, shall only be the exact equivalent of the service rendered, and the levying of which shall only be effected exclusively on the Vessels which may wish to profit thereby.

Amount of Taxes to be levied.

The amount of Taxes to be levied shall be submitted to the previous approval of the Mixed Commission.

Communication between either Bank by means of Bridges and
Ferries.

ART. XIX. The Special Conditions under which the communi

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