Foreign Relations of the United States, 1946, Paris Peace Conference: Documents, Volume IV

C.P.(Gen)Doc. 1.U.29.

Annex 9

undated

(See Article 16)

Statute of the Free Port of Trieste

Article 1

The Port of Trieste, in respect of the areas which are to be used for international goods traffic, including the installations and warehouses in these areas, shall become a Free Port.

The international legal regime of the said Free Port shall be determined by the provisions of this Statute.

[Article 2]

The territory of the Free Port of Trieste shall be comprised of the following areas:

a. Areas within Piers 0 to 3, including Docks 1, 2 and 3, and the western part of Dock 4, together with the installations and warehouses in these sections of the port; and

b. The areas comprised within Pier 5, with sections 5 and 6 of the quays, and the corresponding installations and warehouses.

These areas are indicated on the annexed map which forms an integral part of the present Statute.

The Governing Body of the Free Port, in agreement with the Council of Government of the Free City of Trieste, and the Government of the Federative People’s Republic of Yugoslavia, may enlarge the area of the Free Port, if justified by the increase of international traffic.

Article 3

The Federative People’s Republic of Yugoslavia shall have the right to establish at Trieste a free port zone, under its own administration, and exclusively for the use of Yugoslav railway traffic and shipping.

This Yugoslav free port shall comprise the following areas, installations and warehouses:

a. Pier 4 and the eastern part of Dock 4, together with the western part of Dock San Giorgio;

b. Pier 6 with the eastern side of Quay 6, and the whole of Quay 7 (as far as Lloyds Warehouse “Arsenale”).

The limits of this zone are indicated on the annexed map, which forms an integral part of the present Statute.

Within this zone the Federative People’s Republic of Yugoslavia shall be responsible for the upkeep of the port, the harbour services, the port customs, public health, postal, telegraph and other services necessary for the free port zone and the shipping making use of it.

Article 4

The Free City of Trieste shall cede without compensation, for public use, to the Free Port of Trieste and to the Federative People’s Republic of Yugoslavia in the latter’s free port zone, the areas, installations and warehouses enumerated in the above Articles.

With the coming into force of the Peace Treaty with Italy, public property which had hitherto been Italian, and State or para-statal property in that area, together with the property of the “Azienda Magazini Generali”, shall become the property of the Free City of Trieste, and in so far as it is located in the above-mentioned areas, shall be ceded for the use of the Free Port or the Federative People’s Republic of Yugoslavia.

Article 5

Unless otherwise provided in the present Statute, the laws and regulations in force in the Free City of Trieste shall apply to persons and property in the Free Port, and the authorities lawfully responsible for their application in the territory of the Free City of Trieste shall also be empowered to carry out their functions in the Free Port territory.

Article 6

Merchant vessels and goods of all countries shall enjoy unrestricted right of free access to the Free Port of Trieste for loading and unloading, both as regards goods in transit, and those consigned to or coming from the territory of the Free City of Trieste.

The Yugoslav-Triestine customs union and the Government of the Free City of Trieste shall not levy customs dues, or other fiscal charges, on such goods whether being imported into, exported from, or in transit through the Free Port of Trieste. But in the case of goods being imported from the Free Port of Trieste into the Free City of Trieste, or exported from that territory, the regulations in force in the Free City of Trieste shall apply.

The trans-shipment, warehousing, sorting and packing of goods imported into the Free Port is authorized, and shall be free of duty.

The processing and manufacture of goods within the Free Port shall be prohibited. Notwithstanding, the undertakings located in the Free Port before 3rd September, 1943, may continue to carry on processing operations freely.

Article 7

The Authorities of the Free City of Trieste shall be authorized to carry out inspections within the Free Port, as far as is necessary to apply customs and other regulations in force in the territory of the Free City of Trieste for the prevention of smuggling.

Article 8

The Free Port Administration shall fix the amount of, and levy the harbour dues and fees payable for the use of the harbour installations and services available to users, except in the Yugoslav free zone. The charges shall be reasonable, and shall correspond to the cost of operation, administration, upkeep and development of the Free Port.

In levying such charges, and in the provision of loading and unloading services, no discrimination shall be made on the basis of the nationality of the vessel, the ownership of the goods, or on any other ground.

Article 9

The movment of persons to and from the Free Port area shall be regulated by the rules in force in the Free City of Trieste.

Such regulations shall not unnecessarily interfere with the movement to and from the Free Port of persons who, irrespective of their nationality, are engaged in legitimate activities therein.

Article 10

All regulations applicable to, and all schedules of charges leviable in the Free Port, must be published and made accessible to the persons concerned.

Article 11

Coastwise shipping, and inland navigation within the territory of the Free City of Trieste, shall be carried on in conformity with regulations issued by the competent authorities of the Free City of Trieste, and in this respect the provisions of the present Statute shall not impose any limitations on the Triestine authorities.

Article 12

Within the Free Port, and on vessels while in the Port, measures for the protection of public health, and the prevention of animal and plant diseases, shall be applied by the authorities of the Free City of Trieste in accordance with their own regulations.

Article 13

It shall be the duty of the authorities of the Free City of Trieste to supply the Free Port and the Free Yugoslav Zone with water, gas, electric light and power, communications, public sanitation, and other public services, at rates not exceeding the rates normally prevailing in the Free City of Trieste, and to provide police forces and fire services for the Free Port.

Article 14

Goods passing through the Free Port of Trieste shall enjoy freedom of transit on the railways of the other countries represented on the Governing Body of the Free Port. No customs duties or other fiscal charges shall be levied on such goods, except fees for handling the goods.

Customs formalities on goods in transit shall be confined solely to measures for the maintenance of law and order, the safety of persons and property, the protection of public health, and the health of animals and plants.

Article 15

The Free Port of Trieste shall be administered by an “Administration of the Free Port of Trieste”, acting as an autonomous international body, whose attributions shall be defined by the present Statute.

The international administration shall be represented and managed by a Governing Body, composed of representatives of the Union of Soviet Socialist Republics, the United States of America, the United Kingdom, France, the Federative People’s Republic of Yugoslavia, Italy, Czechoslovakia, Austria, Hungary, Poland, Albania, Rumania, the Soviet Socialist Republic of Ukraine, and by the representative of the Free City of Trieste, who shall also be the Chairman of the Governing Body.

Article 16

The attributions of the Governing Body shall be: to draw up regulations for the application of the Port Statute and to ensure that its provisions are properly enforced, and for the proper functioning of all the harbour services; to draw up and adopt the budget and the scale of taxation; to supervise the application of all regulations concerning the working of the port, and to determine the general policy and programme of the port; to appoint the Port Director, his assistant, and the Harbour Master, and to remove them from office; to administer all property belonging to the Free Port, and to direct its financial policy; to defend the interests of the Free Port and to represent it.

The decisions of the Governing Body shall be carried out by the Director of the Port.

Article 17

The Director of the Port is vested with authority to carry out, in the Free Port, the decisions of the Governing Body, and all provisions in force in the port; he shall supervise all harbour services, and be responsible for the organisation and direction of all work in the port; and for regulating working conditions in the port in accordance with the regulations in force and with local customs; he shall represent the port as a corporate body, in accordance with the full powers conferred upon him by the Governing Body.

Article 18

The Governing Body shall draw up regulations for the port staff. These regulations shall determine the emoluments, duties, and rights of the staff. Members of the staff shall be appointed and dismissed by the Director of the Port. Citizens of the Free City of Trieste shall have priority in obtaining employment.

Article 19

Persons or States concerned shall have the right to appeal to the Governing Body against any action or measures by the Director of the Port or by any other organ of the Free Port.

Article 20

Representatives of States on the Governing Body shall enjoy all diplomatic privileges and immunities.

Article 21

The Free Port shall only be entitled to incur debts after a previous decision by the Governing Body. The latter shall not be authorised to mortgage port buildings, installations or warehouses, or to permit creditors to collect or levy taxes or dues. The terms of any loans incurred shall not entitle creditors to establish a financial control over the policy of the port. Nor shall such a right be recognized to creditors even as a result of a judicial decision.

Article 22

The Free Port of Trieste shall not be entitled to register ships or other floating objects, except in the following cases:

1. The Free Port shall be empowered to open maritime registers for the registration of ships and other floating objects serving the needs of the port. Such ships or other craft shall fly the flag of the Free City of Trieste, with the initials P.T./Porto di Trieste (Trsansko Pristanisti);

2. The Free Port shall open special maritime registers for Czechoslovak, Hungarian and Austrian ships and floating objects. These shall fly the flags of their own countries.

The courts of the Free City shall be competent as regards such ships and floating objects.

Article 23

Italian, Slovene, and Croat shall be the official languages of the Administration of the Free Port. The official languages of all the States represented on the Governing Body shall be recognized as working languages.

Article 24

The present Statute shall be deemed to be an integral part of the Peace Treaty with Italy and of the permanent Statute of the Free City of Trieste.

The provisions of the present Statute can only [be] amended with the agreement of the Governing Body of the Free Port and of the Security Council.

The provisions concerning the Yugoslav free zone shall be regarded as conventions between the Federative People’s Republic of Yugoslavia and the Free City of Trieste, and shall not be modified without their consent.