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Additional Protocol to the Convention on the Regime of Navigable Waterways of International Concern [1921] PITSE 7 (21 April 1921)

ADDITIONAL PROTOCOL TO THE CONVENTION ON THE REGIME OF NAVIGABLE WATERWAYS OF INTERNATIONAL CONCERN

(Barcelona, 20 April 1921)

ENTRY INTO FORCE: 31 OCTOBER 1922

Depository: Secretary General of the League of Nations

1. The States signatories of the Convention on the Regime of Navigable Waterways of International Concern, signed at Barcelona on April 20th, 1921, whose duly authorised representatives have affixed their signatures to the present Protocol, hereby declare that, in addition to the Freedom of Communications which they have conceded by virtue of the Convention on Navigable Waterways considered as of international concern, they further concede, on condition of reciprocity, without prejudice to their rights of sovereignty d in time of peace,

(a) on all navigable waterways,

(b) on all naturally navigable waterways, which are placed under their sovereignty or authority, and which, not being considered as of international concern, are accessible to ordinary commercial navigation to and from the sea, and also in all the ports situated on these waterways, perfect equality of treatment for the flags of any State signatory of this Protocol as regards the transport of imports and exports without transshipment.

At the time of signing, the signatory States must declare whether they accept the obligation to the full extent indicated under paragraph (a) above, or only to the more limited extent defined by paragraph (b).

It is understood that States which have accepted paragraph (a) are not bound as regards those which have accepted paragraph (b), except under the conditions resulting from the latter paragraph.

It is also understood that those States which possess a large number of ports (situated on navigable waterways) which have hitherto remained closed to international commerce, may, at the time of the signing of the present Protocol, exclude from its application one or more of the navigable waterways referred to above.

The signatory States may declare that their acceptance of the present Protocol does not include any or all of the colonies, overseas possessions or protectorates under their sovereignty or authority, and they may subsequently adhere separately on behalf of any colony, overseas possession or protectorate so excluded in their declaration. They may also denounce the Protocol separately in accordance with its provisions, in respect of any colony, overseas possession or protectorate under their sovereignty or authority.

The present Protocol shall be ratified. Each Power shall send its ratification to the Secretary-General of the League of Nations, who shall cause notice of such ratification to be given to all the other signatory Powers; these ratifications shall be deposited in the archives of the Secretariat of the League of Nations.

The present Protocol shall remain open for the signature or adherence of the States which have signed the above-mentioned Convention or have given their adherence to it.

It shall come into force after the Secretary-General of the League of Nations has received the ratification of two States; provided, however, that the said Convention has come into force by that time.

It may be denounced at any time after the expiration of a period of two years dating from the time of the reception by the Secretary General of the League of Nations of the ratification of the denouncing State. The denunciation shall not take effect until one year after it has been received by the Secretary-General of the League of Nations. A denunciation of the Convention on the Regime of Navigable Waterways of International Concern shall be considered as including a denunciation of the present Protocol.

DONE at Barcelona, the twentieth day of April, nineteen hundred and twenty one, in a single copy, of which the French and English texts shall be authentic.