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The stipulations of this Article cannot be invoked as regards special concessions granted or which may be granted in future to bordering States with the object of facilitating commerce on the frontier, nor as regards obligations which may result for one of the Contracting Parties from a Customs Agreement with a neighbouring State.
VII. The drawbacks actually in force, or which may be established (or fixed), on exportation of Spanish products, as also the draw backs on exportation of Danish products, shall not exceed the internal octroi rates levied on the said products or materials employed in their manufacture.
VIII. Merchandize of every description proceeding from one of the contracting countries and imported into the other will not be liable to higher octroi dues than those to which similar national products are subject.
The duties of importation, however, may be increased to an amount corresponding to the rates levied on national products by the octroi system.
IX.* Merchandize of non-Danish origin imported direct from Denmark into Spain, whether by sea or land, will not be surcharged with other rates or imposts beyond those levied on merchandize of a similar nature imported into Spain by Spanish vessels from any other European country not coming direct.
Denmark on her side reserves the right of levying on merchandize of non-Spanish origin imported direct from Spain into Denmark, whether by land or sea, other rates or imposts equal to those which may be applied in Spain to importations not made direct.
X. The ships of one of the High Contracting Parties which enter in ballast or with cargoes into the ports of the other, or sail therefrom, whatever be their point of departure or destination, will be treated in the said ports on the same footing in every respect as the national shipping. At their entrance, during their stay, and on departing, they will pay no other or higher dues of lighthouses, tonnage, harbour, pilotage, tugs, quarantine, or other charge on the ship’s hull, whatever be its denomination, levied on behalf of the State by public functionaries, municipalities, or other corporations except those to which the national shipping is or may be liable.
With respect to the berthing or accommodation of ships, their loading and unloading in the ports, roads, harbours, bays, and in general all the formalities and regulations to which merchant vessels, their crews, and cargoes are subject, it is agreed that no privilege or favour will be granted to the national ships of one of the Contracting Parties which shall not be equally conceded to the
* See Final Protocol, page 871.
ps of the other ; it being the will of both parties that also in this pect their ships be treated on a footing of perfect equality.
XI. The prescriptions of the present Convention do not apply to e regimen of the coasting trade or to the fisheries in the jurisctional waters of the High Contracting Parties (or Powers).
However, the vessels of either of the Contracting Parties which ay enter any port of the other and may not wish to discharge treat more than a part of their cargo may, in accordance with the ws and regulations of the respective country, retain on board the art of the cargo destined for another port of the same or any other ountry and re-export it without necessity for paying other or igher dues than those levied on the national vessels in similar cases. t is likewise understood that these same ships may begin loading in de port and continue doing so in another or other ports of the same country or complete their cargo therein without being obliged o pay other port dues than those to which the national shipping is iable.
XII. There will be a complete exemption from tonnage and clearance dues in the ports of each of the High Contracting Parties :
1. For ships entering and going out in ballast, whencesoever they may come.
2. For ships arriving from one or various ports of the same country on their certifying their having already paid said dues.
3. For ships which enter laden into a port, whether voluntarily or from stress of weather, and leave it without transacting any commercial business.
In case of stress of weather, the unloading and reloading of the merchandize for repairing the vessel will not be considered as commercial operations, nor the transhipment to another vessel in case of unseaworthiness of the former, nor the expenditure necessary for the revictualling of the crew, nor the sale of the damaged merchandize, provided the custom-house authorities have given their authorization.
XIII. Should a casualty befall a Spanish ship on the coast of Denmark or a Danish ship on the coast of Spain, it will be immediately communicated to the Consul in whose district it may have occurred, in order that the captain may be supplied with the means of floating his ship under the supervision and with the assistance of the local authority.
If the ship be lost and wrecked or a derelict, the authorities will consult with the Consul on the measures to be adopted for guaranteeing all interests in the salvage of the ship and cargo till such time as the owners or their representatives or agents come The merchandize salved will not be liable to customs duties unless it be introduced for consumption in the country. The salved provisions, however, which remain unsold and serve as food for the crew will be exempt from duty.
As regards dues and charges for salvage and preservation of the ship and cargo, the same treatment will be extended to the wrecked vessel as a national one would receive under similar circumstances
XIV. Danish commercial travellers journeying in Spain for firms established in Denmark will be treated, as regards their license, like traveliers of any other country, and reciprocally Spanish commercial travellers will be treated in the same manner in Denmark.
Articles imported as samples by these commercial travellers and liable to customs duties will be entitled on each side, on compliance with the custom-house formalities necessary for securing re-exportation and reimbursement of the caution money, to a repayment of the duties which have to be deposited on entering the country.
XV.* Spain concedes to Denmark in the Islands of Cuba and Porto Rico for articles of Danish origin and manufacture when imported direct and whilst the present Convention lasts, the benefit of the second column of the Special Customs Tariff of those islands, dated the 25th April, 1892, as long as said Tariff shall continue in vigour..
XVI. The provisions of Articles IV and V of this Convention do not apply to the benefits conceded or which may be conceded by Spain to Portugal, nor to the benefits conceded or which may be conceded by Demark to Sweden or to Norway.
XVII. This Convention will come into force immediately after the exchange of ratifications, and will continue operative until the expiry of one year from the day when either of the High Parties may denounce it.
The present Convention will be ratified, and the ratifications exchanged with the least possible delay.
In faith whereof the respective Plenipotentiaries have signed the present Convention in Madrid on the 4th July, 1893, and sealed it with their seals.
(L.S.) S. MORET.
* See Final Protocol, page 871.
ABLE (A).- Danish Articles (or Products) to which the Provisions
of Article IV of this Convention are applicable on Importation
into Spain. Cement, tiles, and bricks, pottery, Leather, raw hides, horns. erra cotta, and porcelain.
Preserves and sweetmeats. Cryolite.
Sugar, sirup, molasses. Wood, rough and planed.
Fish, fresh or cured (including cod Wood pulp for the manufacture of and stock-fish, spawn and fish-oil). paper, pasteboard.
Swimming bladders. Ships and small craft.
Spirits and alcohol. Peat and peat powder.
Liquors and cognac. Cereals in husk, flour of all kinds, Beer and hydromel. and starch.
Dyeing materials, colours. Potatoes, vegetables.
Crystal (glass) of all kinds. Butter, cheese, dairy produce.
TABLE (B).-Spanish Products to which the Provisions of Article V
of this Convention are applicable on their Importation into Denmark.
Lead, in pigs.
Fruits and vegetables of all kinds, fresh and dried, undenominated.
Wine in barrels, without limit of alcoholic degrees.
Wine in bottles, without limit of alcoholic degrees.
The Undersigned met to-day for the signature of the Convention of Commerce and Navigation entered into between them, have agreed on the following declarations which will form an integral part of the same Convention :
1. To the text of the Convention. It is understood that Iceland, the Faroe Islands and the Danish West India possessions are also comprised, whenever reference is made to Denmark, to Danish ports and Danish merchandize.
2. To Articles IV and 1.-It is also understood that whenever reference is made to Spain, to Spanish ports, and to Spanish merchandize, the Balearic and Canary Islands and the possessions on the coast of Africa are also to be included.
3. To Articles IV, V, IX, and XV.-The expression "importel direct” comprises, besides consignments from port to port, merchandize coming accompanied by a direct bül of lading.
In faith whereof the respective Plenipotentiaries have signed the present Protocol in Madrid on the 4th July, 1893, and sealed it with their seals.
(L.S.) S. MORET.
AGREEMENT between Spain and Portugal, for Firing the
Boundary between the Portuguese Village of Moura and the
[Ratifications exchanged at Lisbon, September 5, 1893.]
His Majesty the King of Portugal and of the Algarves, and Her Majesty the Queen Regent of Spain, in the name of ber august son the King Don Alphonso XIII, being mutually animated with the wish of putting an end to the dispute which has been long pending with reference to the territory which has not yet been defined between the Portuguese village of Moura and the Spanish hamlets of Aroche and Encinasola, have determined to fix definitively by mutual agreement the territorial boundaries of both sovereignties and of the dominion which is respectively to belong to the Portuguese village and to the Spanish bamlets in those territories, in such a manner as to insure and regulate the exercise of public administration and the enforcement of the laws of each of the two countries in that part of those territories which will be assigned as belonging to it.
For this purpose they have appointed their Plenipotentiaries, namely:
His Majesty the King of Portugal and of the Algarves, Sebastião Guedes Brandão de Mello, Count de São Miguel, a Grandee of the Realm, Chief Officer of His Royal Household, Grand Cross of the Order of our Lady of the Conception of Villa Viçosa, Knight of the ancient and most noble Order of the Tower and Sword for the