CFM Files
United States Delegation Journal
USDel (PC) (Journal) 42
The Commission approved a revised text of paragraph 7 of Annex 4A (industrial, literary and artistic property), which was submitted by the U.S. Delegation and which provided for extension of the provisions of the Annex, on a reciprocal basis, to France and other United Nations whose diplomatic relations with Rumania were broken off. The Commission approved paragraph 8 and then approved Annex 4A as a whole.
The Commission continued its consideration of Annex 4C (shipping). M. Gerashchenko (U.S.S.R.) indicated that the Soviet Delegation was prepared to consider a definition of U.N. ships for inclusion in Article 24, but objected to the rest of the U.K. proposal on the ground that the requirement that vessels should be returned in “complete good order”, that compensation should be paid in convertible currencies for loss of use and profits, and that non-restitutable vessels [Page 455] should be replaced, were contrary to the provisions of Article 24 and would create a specially preferred position for ship owners. The Greek Representative proposed an amendment broadening the definition of ships. Having received permission to be heard on Annex 4C, the Netherlands Representative supported the U.K. proposal as modified by the Greek amendment. The Polish Representative said that if the principle of compensation for loss of use and profits were accepted in the case of ships, the Polish Delegation would be obliged to ask for the extension of this principle to other fields, particularly rolling stock. He noted that Rumania had used a large number of Polish locomotives and railway wagons for seven years. M. de Carbonnel (France) supported the inclusion of a definition of ships as proposed by the U.K. Delegation and modified by the Greek amendment. Mr. Gregory (U.K.), exercising his right to conclude the general discussion, defended the U.K. proposal on the ground that it was in conformity with the obligations imposed on Rumania by the Armistice. He acknowledged that the provision requiring compensation for loss of use and profits was susceptible to a wider interpretation than had been contemplated or intended and stated that he would be prepared to modify this provision to require compensation only for losses actually incurred by U.N. nationals after Rumania had taken charge of their vessels. The Commission agreed to consider the definition of ships separately from the rest of Annex 4C and to decide where this definition should be included in the treaty after reaching a decision on the rest of Annex 4C. The Chairman urged the members of the Commission who were interested and who had participated in the discussion, to work out a common text of a definition for submission to the Commission at its next meeting. Following an announcement by the Yugoslav Representative that he wished to propose an amendment to the definition, the Commission engaged in a general discussion as to whether or not members were still free to submit amendments. The Chairman stated that a strict adherence to the Rules of Procedure adopted by the Plenary Conference would enable him to reject all new amendments.3 The Greek, U.K. and U.S. Representatives disagreed with this interpretation and reserved their positions on this question. The Yugoslav Representative supported the Chairman’s interpretation and stated that he had not intended to propose a new amendment but only a modification of the Greek amendment and only wished to reserve his right to propose such a modification or sub-amendment. The Chairman defended his interpretation but stated that he would consider all amendments in a very liberal way. The Commission adjourned without further discussion of the question.