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[Navigation of the Rhine, &c.]
without any distinction--views in which His Majesty the King of the French, and His Royal Highness the Grand Duke of Baden now equally concur; the Riverain States have thought proper to leave intact all questions mooted on the general principles of the Act of the Congress of Vienna bearing upon the Navigation of the Rhine, as well as the inferences which might be drawn therefrom, and to concert measures and Regulations which the Navigation of the Rhine can no longer dispense with, on the basis of joint proposals reciprocally made and accepted, under the express reservation nevertheless, that such understanding shall in no wise be prejudicial to the rights and principles maintained on either side.
With that view the undermentioned High Contracting Parties have appointed as their Commissioners, namely:
His Royal Highness the Grand Duke of Baden, the Sieur Jean Lambert Büchler, his Councillor of Legation, &c.;
His Majesty the King of Bavaria, the Sieur Bernard Sebastien de Nau, his intimate Aulic Councillor, &c.;
His Majesty the King of the French, the Sieur Hubert Engelhardt, his Commissioner ;
His Royal Highness the Grand Duke of Hesse and on the Rhine, the Sieur George Charles August Verdier, his Councillor of Regency;
His Serene Highness the Duke of Nassau, the Sieur Louis de Rössler, his intimate Councillor and Director-General of Customs,
His Majesty the King of the Netherlands, the Sieur Jean Bourcourd, his Councillor of State, &c.;
His Majesty the King of Prussia, the Sieur Henry Delius, his President-in-Chief of Regency, &c.;
Who, after having exchanged their Powers found to be in good and due form, have agreed upon the following Articles :
TITLE I. (Articles I to XIII.) On the Navigation of the Rhine in
General, and the Reciprocal Arrangements and Concessions agreed upon between the High Contracting Parties.
Reciprocity in favour of Netherland Vessels. Art. IX. As a Reciprocity for the favorable stipulations contained in the preceding Articles, the High Governments of the Riverain States engage to extend, in favour of Netherland Vessels, the general exemption from Transit Duty, already agreed
(Navigation of the Rhine, &c.]
upon by the Act of the Congress of Vienna (No. 27) through the whole course of the Rhine, to the transport by water of merchandise which, on quitting the Rhine, shall enter the Rivers, Canals, or other Internal Navigable Communications, to cross afterwards the said Riverain States, in so far as it can be done, without changing the Transport by Water against a Transport by Land. Merchandise changing Transport by Water for Transport by Land to
be subject to Ordinary Legislation. The latter case occurring, Merchandise shall be subjected to the rules of the ordinary legislation of the respective Governments. Boatmen leaving the Rhine to make use of the Internal Navigable Communications of the Riverain States, shall be subject, in all cases, to the formalities in force for the Transit, to prevent fraud, as well as for the payment of Quayage, Bridge, and other Dues enforced there and on the same footing as those paid by similar Vessels of the respective Riverain States.
Free Ports on the Rhine. ART. X. The. High Governments of the other Riverain States also engage on their side to declare as Free Ports for the commerce on the Rhine, all or several towns situated on the borders of the Rhine, namely;
The Governments of Prussia, Cologne and Dusseldorf, in declaring themselves ready to increase hereafter the number of Prussian Free Ports if the necessity or circumstances require it.
For Nassau, Bieberich and Oberlahnstein ;
Power to increase number of Free Ports. Saving the power to all Governments to increase the number of Free Ports as they shall respectively find it convenient, in such manner that merchandise carried by Netherlands' vessels, or by all others belonging to subjects of Riverain States, coming from, or destined for the said kingdom, may be stored in them for a longer or shorter period, and afterwards forwarded further along the Rhine, or on the other Internal Navigable Communications mentioned in Article IX, crossing the Riverain States, to the interior (Navigation of the Rhine, &c.);
of Germany or Switzerland, not being subjected, in either case, to the payment of any Impost, or Port or Transit Duty whatever, except the payment at the time of the Duties of Storage, Quayage, &c., generally established in those Free Ports, but which shall not, under any circumstances, exceed those fixed by Article LXIX of the present Regulations. Duties on Vessels and Merchandise passing through Riverain States
by other Roads than the Rhine and its Tributary Rivers. It is, nevertheless, understood that the Merchandise which, in the cases above provided for, shall leave the course of the Rhine, mentioned in Article III, or the Tributary Rivers subjected to the same Regulations as those established on the said River, in order to pass through the Riverain States by other navigable roads, shall be subjected to the formalities prescribed by the legislation in force in the said States for the control and superintendence of Customs Dues, as well as for the payment of Barrier, Bridge, and other Duties of the same nature, but the Vessels of the Netherlands, or the merchandise coming therefrom or going thereto, shall not be treated in a more unfavourable manner than the Vessels or merchandise of the Riverain States through which they pass.
Privileges of Riverain States of the Main, the Neckar, 8:c.
Art. XI. The Governments of the Riverain States of the Main, the Neckar, and other Rivers flowing into the Rhine, shall be admitted, for their merchandise, to the enjoyment of the same immunities in the Free Ports of the Netherlands and in those to be established on the Rhine, as those granted by the preceding Articles, so soon as they shall have established in their respective Countries and on the Banks of the said Rivers similar Free Ports under the stipulations mentioned in the preceding Article.
Declaration of French Commissioner. [The Government of France not being able purely and simply to adhere to the 3 preceding Articles, refers as to their execution in her Territory, to the Declaration inserted on the subject in the Protocol annexed to the present Regulations, which shall have the same force and value as if it were inserted word for word therein.* ]
(Articles XII, XIII.)—General Arrangements, &c. Title II. (Articles XIV to XXXV.)-Duties of Navigation and
the means of ensuring their Collection.
[Navigation of the Rhine, &c.]
TITLE III. (Articles XXXVI to XLI.)- Application of Customs
Laws of Riverain States to the Navigation of the Rhine. TITLE IV. (Articles XLII to XLVII.)-Right of Vavigation on the
Rhine. Title V. (Articles XLVIII to LII.)–Freightage and Registration. TITLE VI. (Articles LIII to LXX.)-Police Regulations for the
Safety of Narigation and Commerce. TITLE VII. (Articles LXXI to LXXX.)-Fraud on
Duties of Navigation. Title VIII. (Articles LXXXI to LXXXVIII.)— Trial of Causes
relating to the Navigation of the Rhine. TITLE IX. (Articles LXXXIX to CVIII.)-Powers and Duties of
the Central Commission, of the Chief Inspector, and of the other
Officers of the Customs Navigation, and their Salaries. Title X. (Article CIX.) E.cecution of the preceding Regulations.
A. Table of Articles of Commerce, which shall pay, on their Passage
through the Territory of the Netherlands, from Krimpen or Gorcum to the Open Sea, a Higher or Lower Fixed Duty than that
established by Article 1 V of the Convention. B. Tariff of Duties of Verification, payable at each Collecting Office,
in Proportion of the Burthen of the Vessels navigating on the
(Annex.) PROTOCOL annexed to the Convention and Regulations rela
tive to the Navigation of the Rhine, of the 31st March, 1831, relative to the Second Paragraph of Article XI of the said Treaty.
Declaration of French Commissioner. France.-- The French Commissioner has the honour to present the Declaration referred to in the Additional Paragraph to Article XI of the Project of Regulations.
The French Government being unable, without compromising the general interests of the National Commerce, to adhere purely and simply to Articles IX, X; and XI of the annexed Regulations, and wishing nevertheless to prove to the Government of the Netherlands, as well as to the other Riverain States of the Rhine,
[Navigation of the Rhine, &c.]
its sincere wish to contribute with them in reviving the Navigation and the Commerce of that River, agrees to modify its actual Customs' administration by the following arrangements, which shall have the same force and vigour as if they were inserted in the Regulations.
1. The Merchandise or Provisions included in the annexed List shall be received at the Harbour of Strasburg, under the conditions of Article XXV of the Law of the 8th Floreal of the year XI, of Article XIV of the Law of 17th May, 1826, and of the previous Regulations which created the said Harbour.
2. All Merchandise or Provisions coming from Countries beyond Sea, or which are the produce of Riverain Countries of the Rhine, situated below Mayence, must have been loaded in the latter Port or lower down.
3. They may be despatched in Transit from all parts, except from those described in Article XII of the Law of the 28th April, 1816, which can only be despatched by the Rhine or by the Canal in order to leave by Huninguen.
4. They shall only be subjected, either for Warehouse or Transit, to the simple Duty of 15 centimes per 100 francs value, or 25 centimes per quintal, mark weight, at the choice of the debtor.
5. Such articles of the said Merchandise as) are described in Article XII of the Law of the 28th April, 1816, cannot under any circumstances, although they are received at the Strasburg Warehouse, be declared for internal sale; they must always be re-exported, as has been above stated.
6. If the Vessels mentioned in Article III as arriving at the Warehouse of Strasburg, have solid Stowage Room entirely separated from the berths and other places accessible to the crew, they shall only be subjected at the Wantzenau to the plumbing of the hatchways, the closing of which shall be ensured by the Customs by means of padlocks, seals, and any other means they may think proper to use, together or separately, as well as by a guard of overseers which they shall always be at liberty to put on board.
7. Merchandise which shall not be sent direct from Wantzenau to Huninguen in Vessels whose hatchways are shut, as above stated, shall be subjected to plumbing, either at Wantzenau, or on their departure from Strasburg. In the latter case the plumbing shall be double, if it relates to manufactured goods