952
THE HONGKONG GOVERNMENT GAZETTE, 16TH OCTOBER, 1886.
Final Protocol.
At the signature of the Treaty of Commerce and Navigation between Spain and the German Empire concluded to-day, the Plenipotentiaries of the two High Contracting Parties have agreed to the following remarks, declarations, and stipulations in the annexed Protocol:-
To ARTICLE V.
Manufacturers or commercial travellers who in the territory of the other Contracting Party wish to purchase goods or endeavour to obtain orders, shall be granted free entry on condition of their being provided with trading licences issued by the authorities of their country.
These licences shall be drawn up according to the annexed form (see p. 21). The High Contract- ing Parties shall mutually inform each other as to what authorities are empowered to grant such licences, and as to what Regulations are to be observed in the exercise of the said business.
To ARTICLE VII.
In order that the subjects of one of the High Contracting Parties may acquire in the territory of the other, protection for their marks on merchandize, trade and commercial marks and for their designs and models, they must fulfil the formalities prescribed by the laws and Regulations of the latter country. At present such marks, &c., should be deposited, in Spain, at the Ministry of Fomento, in Madrid; in Germany, at the "Amtsgericht," in Leipsig.
To ARTICLE IX.
1. The Spanish Plenipotentiary declares that the Spanish Government is prepared to recognize as a German product only such spirit as has been prepared in Germany from German raw spirit; and, moreover, expressly reserves for the Spanish Consuls the right to mand, in accordance with the ins- tructions they may receive from their Government, as proof that the exported spirit has been prepared from German raw spirit in the territory of the German Empire, not only the production of special cer- tificates of origin, but also the production in duplicate of the certificates granting drawbacks. These instructions will be agreed upon by the two Governments.
The German Plenipotentiaries declare that they have no objection to make to the above declaration. 2. The Plenipotentiaries of both the High Contracting Parties are agreed that the maintenance at the present Tariff rate of the German duty on wine in bottles shall not affect effervescing wines; that the maintenance at the present Tariff rate of the German duty on rye is applicable to such rye only as can be proved to have been produced in Spain; and that the duty on salt sent by sea from Spain to Germany shall not be higher than the inland tax imposed in Germany upon German salt.
To ARTICLE XIII.
With regard to the public warehouses, the exemption in Spain from Custom-house dues mentioned in this Article is only guaranteed in two cases:
1. For transit trade in general, with que observance of the formalities imposed or to be fixed by the Custom-house Regulations; and
2. For goods which are deposited in commercial warehouses-always, however, on the condition that they comply with the formalities fixed by the Custom-house laws for such warehouses-and notice is hereby given that at present there are commercial warehouses in the harbours of Barcelona, Cadiz, Mahon, Malaga, and Santander.
With regard to these matters, Germany shall enjoy the rights of the most favoured nation.
To ARTICLE XVIII.
The Spanish Plenipotentiary declares that the coasting trade in Spain is in general reserved for ships of the Spanish mercantile marine.
The German Plenipotentiaries accept this declaration, and declare, on their side, that so long as German ships are excluded from the coasting trade in Spain, Spanish ships shall have no claim to par- ticipation in the coasting trade in Germany.
The Spanish Plenipotentiary accepts this declaration.
To ARTICLE XXIII.
The Plenipotentiaries are agreed that the present Protocol shall be laid before the High Contract- ing Parties at the same time as the Treaty, and that by the mere fact of the ratification of the latter, the declaration and agreements in the former shall be recognized as approved by both Governments without any further ratification.
Done at Berlin, the 12th July, 1883.
(Signed)
THE COUNT DE BENOMAR. VON BURCHARD.
VON BOJANOWSKI.
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