Applicability of the Conventions on the carriage of goods on the Danube.

Bratislava Convention of 26.09.1955 on the General Conditions of Carriage of Goods on the Danube was negotiated and signed by leading companies working in the field of transport on the Danube including the Romanian Navigation Company (Navrom). It was not ratified by the states of the mentioned shipping companies.

Siofok Convention of 23.09.1989 on the General Conditions of Carriage of Goods in International Traffic on the Danube replaces Bratislava Convention of 1955 (article 20 of the Siofok Convention).

Siofok Convention was also negotiated and signed by leading companies working in the field of transport on the Danube including CNFR NAVROM S.A. Galati and CNF GIURGIUNAV SA Giurgiu. It was not ratified by the states of the mentioned shipping companies.

Considering the Romanian law and given the fact that these conventions have not been ratified by the Parliament, they are not part of the domestic law within the meaning of article 11 (2) of the Constitution of Romania, therefore they cannot be relied upon as legal basis in the situation of a dispute concerning the carriage of goods on the Danube. Obviously, in terms of domestic law of any state of these river navigation companies which signed these conventions, the situation may be different.

The only international convention (within the meaning of article 11 (2) of the Constitution) ratified by Romania is Budapest Convention on the Contract for the Carriage of Goods on Inland Waterways (CMNI), published in the Official Gazette Part I no. 854 of 02.12.2003. The Convention was ratified by Romania by Law no. 494/2003 (published in the Official Gazette Part I no. 854 of 02.12.2003), thus becoming legally binding in Romania.

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