Bulletin of the Maritime Institute Gdansk, 1992,19,2

Janusz Gqsiorowski, M. Sc. Jur. . Department of Economics and Maritime Law The Maritime Institute in Gdansk

THE LEGAL SITUATION OF PORTS OF SZCZECIN AND SWINOUJSCIE AND OF THE ROADSTEADS BEFORE THE 11-ND WORLD WAR

Abstract

The author characterizes the legal status of the ports in Szczecin and Swinoujscie. Problems connected with the ownership of the port and its management before World War II are presented. The administrative boundaries of the port, and the role and competen­ ces1of shipping organs are discussed. The development and import­ ance of the port at Swinoujscie, as well as the role of the waterway Swinoujscie- Szczecin, its legal status, boundaries and compulsory pilot services are described. Problems connected with the concept of roadsteads of these two ports are presented. 32 J. Gl!siorowski

I. PORT OF SZCZECIN

1. Legal situation of the port- the problem of ownership and port authority Contrary to small Baltic ports which were taken over by Prussia in 1870 - 1896 as state (Land) property, larger municipal port centers maintained their independence until the World War I. In Prussia these were the ports of Kiel, Szczecin, Gdansk and Kr6lewiec (Konigsberg). However, when they had to ask for help of the Prussian Land, they were not - as once Emden - transformed into state-owned ports, but obtained certain larger autonomy in port ad­ ministration. Experience showed that within general port administra­ tion, exploitation should have possibilities of acting on commercial principles, without beaurocratic ballast [1]. In 1923, the Port of Szczecin, which was _administered exclusively by the town, became an example of applying stronger connections and l simultaneously making the port authority independent. The Szczecin port became joint property of the Prussian Land and the City which, in order to administer jointly the port, formed a civil law company under the name Szczecin Port Partnership (Stettiner Hafengemeinschaft) [2]. Both partners were to administer and de­ velop jointly port facilities and the port railway. For participation in the administration, a Port Council (Hafenbeirat) was established, in which were 4 representatives of the City (in that the President of the Council), 3 representatives of Prussian Land and 2 representatives of the corporation of Szczecin merchants. If the Port Council and Port Partnership differed in opinion, the final decision belonged to the MARITIME LAW 33

President General of Szczecin. The partnership was to close activities when capital invested by Prussia became amortized. At the same time the Prussian Land, City and Szczecin Merchant Corporation formed a limited liability company under the name "Szczecin Port Exploitation Company" (Stettiner Hafenbetriebs Ge­ sellschaft m.b.H.). This company was called to exploit the port fa­ cilities owned by the Port Partnership. In exchange for port facilities passed over to the Port Exploitation Co., the Szczecin Port Partner­ ship collected rent. In the first years it was a fraction of the value of these facilities ( 4 - 2% ), and from 1925 it was 5% of monthly oper­ ational income [3]. Shortly after the Szczecin Port Partnership and the Port Exploi­ tation Company were formed, it became visible that the existence of these two bodies beside each other was not a good solution. The Port Exploitation Co., managed according to commercial principles and free of beaurocratic ballast was on one hand not aple to fulfill, even in part, its obligations to the Port Partnership, but on the other hand it demanded privileges in the port which were onesidedly advantageous to the corporation of Szczecin merchants. Misunderstandings con­ cerning competence impeded administering. Therefore the Prussian Land and the City decided to eliminate the Merchant Corporation from the Port Exploitation Co .. Its shares were taken over in half by the Land and the City. In this way, in 1929 the Szczecin Port Partner­ ship merged with the Port Exploitation Co .. A limited liability com­ pany named "Szczecin Port Company" was formed (Stettiner Hafengesellschaft m.b.H.) [4]. The Szczcecin Port Co. became the owner of all the port areas, including water areas, was obliged to 34 J. G

develop the port from own and foreign resources, and managed all the port facilities, storage areas and port railway. The Prussian Land and City of Szczecin were equal shareholders of the company, whose capital was 50 min Mk [5]. The Supervisory Board had 22 members, in that 9 representatives of Prussian Land, 9 representatives of the City and 4 representatives of the Trade and Industry Chamber of Szczecin. However, this last, as the legal successor of the Szczecin Merchant Corporation, sold its shares to the Port Exploitation Co. before it merged with the Szczecin Port Partnership [6]. This legal status was maintained until the fall of the III Reich.

2. Administrative boundaries of the port According to port regulations, to the Szczecin port's area be­ longed the river Odra and its tributaries, including all branchings and connected with them run-offs, channels, port basins and side branches of channels which were within the boundaries determined by the following lines: a) from the boundaries of Kurowo and Ustowo- west bank of the Kurowski Channel to northwards until the west bank of Odra; b) west bank of Odra from the northern extremity of the Skolwinski Channel; c) from northern extremity of Skolwinski Channel to eastward until the Skolwin Buoy, and from there to the northern tip of the Dttbina Island (north extremity of the Cutt) eastwards of the Skolwinski Channel; d) west bank of Babina and Czapina until Lake Dqbie outlet; e) west and north bank of Lake Dqbie until outlet of Dqbski Stream; MARITIME LAW 35

f) south bank of Dqbski Stream, east bank of Regalica and Zeglinski Stream (Zeggelinstrom) till the boundaries of Szczecin-Zdr6j and . Szczecin-Podjuchy; g) line to westwards crossing Regalica, west bank of Regalica until Obnica; h) north and west bank of Obnica until Odra; i) north bank of Odra to the height of the boundary of Kurowo and Ustowo; j) line to westwards across Odra and Kurowski Channel, until the boundary between Kurowo and Ustowo [7]. It should be said that in a document of the Szczecin magistrate on plans of port development, as the area of the Port of Szczecin were considered cargo handling locations lying along the Odra and along connected with the Odra waters from Police to Pomorzany inclusive. On the north this area is outside the boundaries specifieg in the port regulations.

3. Shipping organs Within the Port of Szczecin area, the state police authority was represented by the Port Police Office (Hafenpolizeiamt) [9]. Among others, the Port Police Office was responsible for keeping order in the port and supervision over observance of port regulations [10]. The right to issue port regulations, both for the Szczecin port and for state-owned ports of the Szczecin District, belonged to the President General of the city. Issuance of these regulations depended on the agreement of the Provincial Council (Provinzialrat) [11 ]. The Szczecin harbour master (earlier the port shipping authority - Stadtische 36 J. G

Hafenschiffahrtsamt) [12] was a functionary of the Szczecin Port Co. [13], therefore he had no police powers, except assigning berths for ships entering port [14]. The port pilots were subordinated to the harbour master [15]. Besides, Szczecin was the seat of the Shipping Authority, an organ appointed to carry out the Sailors Act of June 2, 1902. The main task of the Authority was to issue continuous discharge books and enlist­ ment of crews, and besides it carried out certain police and jurisdiction tasks. It led inquiries and settled, in a 3-person committee, offences against the Saliors Act [17]. The Water Construction Board (Waserbauamt) in Szczecin ad­ ministered the water route between the north boundary of the Port of Szczecin and the Chelminek Island. The Port Construction Board (Hafenbauamt) at Swinoujscie administered the remaining part of the water route between the Ch_~lminek Island and sea and on the Szczecin Lagoon, and was subjected to the Water Construction Directorate (Wasserbaudirektion) in Szczecin which was a II-nd instance organ subjected to the President General of Szczecin [18]. Besides, there was the "Water Route Sea Council for the outlet part of Odra River" (Seewasserstrassenbeirat fiir die Miindungss­ trecken der Oder). This was an organ which expressed opinions in matters of construction and other works on the water route, water management, shipping regulations, shipping dues, etc. The Council consisted of the Chairman and V -Chairman nominated by the Minister of Transport of the Reich, of one representative of the Reich Rail­ ways, and of experts representing ocean and coastal shipping, spedi­ tors, ports, shipowners, commerce, industry, agriculture, forestry, MARITIME LAW 37

fishery, and other participants, which also were nominated by the Minister of Transport [19].

II. PORT AT SWINOUJSCIE

1. The port's standing In distinction from Szczecin, the Port of Swinoujscie was state owned. As several other Baltic ports, such as Sassnitz, Kolobrzeg, Ustka, Darlowo, Pilawa and Klajpeda, it was taken over by Prussia [20]. Port management in the widest sense, i.e. executing state power, port administration and exploitation, was performed by the Port De­ velopment Board (Hafenbauamt). This Authority, as a I-st instance

organ, was subje~ted to the President General of Szczecin, who acted through the Water Construction Directorate in Szczecin as III-rd instance organ [21]. The Port Development Board collected in one hand the competences of the harbour master's office, shipping office (Seemansamt), harbour police (Hafenpolizei), shipping police (Schif­ fahrspolizeibehorde) and of port authority in exploitation sense [22]. The port surveyor (Hafenmeister) at Swinoujscie was simultaneously an auxilliary officer (Hilfsbeamter) of the public prosecutor's office [23]. Besides these functions in the port, the Port Development Board executed the powers of shipping police on the water route between the sea and Chelminek Island and on the Szczecin Lagoon [24]. Therefore the port at Swinoujscie was an independent unit, both 38 J. Gqsiorowski

with regard to execution of state powers and to port organisation and operation. It was fully independent of the Szczecin port's authorities . . It was only subjected to the Water Construction Directorate in Szczecin which, as an organ of the President General of Szczecin, realized with regard to the Szczecin Port Co. as the administrator and operator of the port, state supervision by authorization of the Minister of Transport of the Reich.

2. Port boundaries According to regulations for the Port of Swinoujscie, the port area comprised: a) the area of Swina outlet, limited from the north by the line between Chorzelino lighthuose and signal tower of the Navy information station, and from SQuth by the line of the rail ferry, into the area all . . ·-· . -- . harbours on the east and west sides were included; b) inland port (Coal and Winter basins), limited from the north by the l line connecting the Kosa Point with the water route, and from south by the line between Kosa Point and rail ferry on the west side; c) existing and planned quays, storage areas and other facilities lo­ cated along the above mentioned stretches and basins.

3. Development and importance of the port The development and importance of the port at Swinoujscie is closely connected with the history of the Szczecin- Swinoujscie water­ way and the development of the Port of Szczecin. During regulation works on the Swina outlet appeared a settlement, which due to large shipping traffic became transformed into a town and port. The devel-

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opment was facilitated by the fact that ships with deeper draught could not enter the river, and had to lighten at the roadsteads. This allowed Swinoujscie to develop into a merchant harbour, engaged in servicing reloading into barges, trade spedition, brokerage and other branches of port activity. When the fairway to Szczecin became deepened, and therefore more and more often ships did not have to stop at the r~adsteads for lightening onto barges, the importance of Swinoujscie decreased and the port transformed into a navy base, in which only small ships stationed. At the end of German rule the port at Swinoujscie had no signi­ ficance to trade [26]. It was considered the outer harbour of Szczecin [27]. For trade services there were: a bunkering station, port for local passenger traffic, local fishing port, winter port for inland vessels, and repair yards for the dredging craft of the Port Development Board [28]. In 1938 the port had about 2500 m of quays. Partly they were used :for mooring passenger ships, motorboats, yachts, fishing vessels, and partly for cargo handling. Depth of the Swina was 10m in 1938, while the Coal and Winter basins were 4- 5 m deep. The very small significance to commerce of this port is proven by the number of cargo handling facilities in the port in 1938. There was one 5 t crane in the Winter Basin, and at the Kosa two gantry cranes of8 t capacity each, which belonged to the Jadwiga ironworks and were used exclusively for handling coal. What's more, in 1938 they were inoperative for some time [29]. Annual turnover of Swinoujscie was about 50,000 tons [30]. 40 J. G

III. WATER ROUTE SZCZECIN - SWINOUJSCIE

1. Legal status On the basis of the "Temporary State Treaty on taking over by the Reich from Member Lands the ownership of water routes" on April 1-st 1921 the Szczecin- Swinoujscie water route, which up to that time belonged to the Prussian Land, became the property of the Reich. Simultaneuosly facilities lying along the seacoast and designed for maintaining the water route, its navigation aids and pilotage ( exclud­ ing port pilotage), also were taken over. The Reich became also the owner of all necessary for the Water Route Authority appurtenances, especially immovables, office buildings, vessels, dredgers, etc. By force of the same Treaty the Reich took also over all water routes in the whole area of the German Reich [31 ]. Management and supervision over water route .~, therefore also over the Szczecin - Swinoujscie waterway, belonged to the Ministry of Transport of the Reich [32]. However, the Reich had no own 1-st and 11-nd instance organs [33]. Temporarily [34], functions of these organs were performed by auth­ orities of the Lands [35]. As organs of 1-st instance, to which state administration was ordered, acted: The Water Construction Board (Was­ serbauamt) in Szczecin and the Port Development Board (Hafenbauamt) at Swinoujscie. Both these Boards executed also powers of shipping police (Schiffahrtspolizeibehorde ). The Port Development Board at Swi­ noujscie executed these powers over the waterway between the sea and Chelminek (Leithom) Island, and the Water Construction Board in Szczecin over the remaining part, i.e. from the Chelminek Island to the northern boundary of the Port of Szczecin [36]. MARITIME LAW 41

Both Boards were subjected to the President General of Szczecin, who at the same time was the chief of the Water Construction Direc- torate in Szczecin [37].

2. Territorial boundaries of the waterway The Swinoujscie - Szczecin waterway, which in German regula­ tions was called the "Maritime Waterway Sea- Szczecin" (Seewasser­ strasse See- Stettin) [38], and in literature either "maritime waterway Szczecin - Swinoujscie" (Seewasserstrasse Stettin - Swinemiinde) or "shipping route Szczecin - Swinoujscie" (Schiffahrtstrasse) [39], was excluded both from the area of the Szczecin and the Swinoujscie ports. On the waterway, regulations concerning traffic on German water courses were in force [ 40], specifically special determinations con­ tained in the second part of these regulations [41]. In connection with this, by these regulations the external and internal boundaries of this route were determined. The external boundary (northern, i.e. sea­ ward) was formed by a line which crossed at right angle the beacon lights' line at the height of the directional buoy of Swinoujscie. This line reached to two points 200 m west and east of the beacon lights' line and then connected these points with the coastline, running par­ allel to the beacon lights. In 1928 the internal boundary (southern) coincided with the boundary of the City of Szczecin and Zelechowo community, and extended straight on eastwards until the eastern bank of the Odra [42]. After 1928, in connection with extension of the Szczecin port's area, the boundary between the Port of Szczecin and waterway was established at the northern boundary of the pilot station estate on the 42 J. Gl4siorowski west bank of Odra in Gol((cino Community, i.e. on km 5.582 of the waterway, below the wooden bridge, and ran to the east bank of the Odra [43].

3. Development and importance of the waterway The condition of the Swinoujscie - Szczecin waterway, especially its depth, had a deciding influence on the development of ports in Szczecin and Swinoujscie because the depths decided the accessibility of the Szczecin port to ships of various size. The more deep was the waterway made, the more important became the port in Szczecin. At the same time the port at Swinoujscie, in which cargoes for Szczecin were reloaded into barges in the XIX-th Century when depths in the waterway were small, gradually lost importance with proceeding dredging of the channel. Ships did not stop in this port and _j)Q_§Sed on .. . . .:· to Szczecin. At the end of the last century depths in the waterway were in­ creased from 4- 5 m to 6 m, so that ships with 5.7 m draught could sail directly into Szczecin [44]. From 1902 the depth was 7 m, allowing entrance of 3000 BRT vessels. In 1913 it was decided to increase the depth to 8 m, and this opened Szczecin to ships of 5000 BRT [ 45] in 1924 the waterway was deepened to 8.7 m, some bends were straight­ ened, shorteneing the route and the time necessary to reach the port, also new lights were placed on a part of the route facilitating night navigation. But only when in the thirties the depth was increased to 9.6 m [ 46]. Szczecin found itself equal, with regard to technical condi­ tions of navigation from sea to port, to its main competitors, that is the ports of Lubeck, Gdansk and Hamburg [47]. MARITIME LAW 43

The 9.6 m depth and a width of the waterway corresponding to requirements of world shipping allowed entrance of 8000 BRT ships. At that time such ship size was assumed as the basic type of vessel in world shipping. However, even larger vessels could enter the port because only rarely vessels of larger capacity had deeper draught. They differed from the basic type (8000 BRT) only by length and breadth [48] . After the 9.6 m depth was reached, it was intended to deepen the waterway to guaranteed depth of 10.5 m [49].

4. Pilotage On the Szczecin- Swinoujscie waterway pilotage was compulsory. Exempted were only vessels of up to 300 cu.m. capacity, warships, coastal navigation, post, rescue, inspection vessels and vessels opera­ ting exclusively within the water route [50].

IV. THE ROADSTEADS

Regulations for the ports of Szczecin [51] and Swinoujscie [52], and also special regulations for the "Sea - Szczecin waterway" [53], contained no determinations on the boundaries of the roadsteads or traffic in the roadsteads. They also did not refer to other legal regula­ tions of the subject. But at the same time regulations of proper auth­ orities [54] for other ports such as: Kolobrzeg, Ustka, Darlowo, Sassnitz [55] contain determinations on boundaries of their road­ steads. Similar regulations, delimiting the roadsteads of such ports as 44 J. Gl}siorowski

Bremenhafen, Wessermni.ide, Nordenham, Brake, Blexen, Alten­ bruchbrunsbuttelkoog, Freiburg, Nrautsand, etc. can be found in the detailed part of regulations on traffic on German water routes [56]. From the above it may be supposed that neither the Reich nor the Prussian Land had emitted a legal act which would determine the roadsteads for the port, or ports, of Szczecin and Swinoujscie. The concept of roadsteads of these ports was legally nonexistent, and no legal acts until 1945 did use this concept. However, roadsteads before the Port of Swinoujscie existed in factual sense. This, together with a determination of the water area concerned, is found in the German Pilot [57]. According to this source, as "Swinoujscie roadsteads" was called the innermost part of the Pomeranian bay, south of the line connecting G6ra Kikut (Kiesberg) and Dluga G6ra (Lange Berg). The thus determined roadst_e_a~s, lo­ cated 1.5 to 2 Nm from the entrance to Swina river, ensur ed good anchorage in water depths of 9- 10m. Because in the Pilot there is no mention of Szczecin roadsteads, and ships sailing to this port, far outnumbering the ships entering Swinoujscie [58], had to pass through the "Swinoujscie Roadsteads" area, from where they obligatorily took on board a pilot, it must be concluded that the "Swinoujscie Roadsteads" fulfilled a similar func­ tion also for the Port of Szczecin. In any case, for ships sailing to Szczecin these roadsteads were a place at which they waited for a pilot, therefore in practice it was an anchorage. MARITIME LAW 45

REFERENCES

(1] Bolle A.: Ober die Verwaltung der Seehafen in der Deutschen Bundes-Rep­ ublik, Hamburg 1960: 2. [2] Bolle A., o.c.: 2-3 and Die Verwaltung und Bewirtschaftung des Stettiner Hafens in den Jahres 1923- 1940, vol. 1 Denkschrift, Stettin 1940: 15. Also Borchard H.H.,O. Fulst: Seeverkehrsrecht, Seestrassen- und Seehafenr­ echt, Berlin 1928:279. [3] Die Verwaltung ... , o.c. Denkschrift: 15-16. [4] Die Verwaltung ... , o.c. Denkschrift: 34-35. [5] Bolle A.: Ober die Verwaltung. .. , o.c. [6] Die Verwaltung... , o.c. Denkschrift: 35. [7] Para. 1 Hafenordnung fiir Stettin of 19 XII 1933, published by Oberkom­ mando der Kriegsmarine, "Hafenordnungen", Berlin 1943. [8] Ausbau des Seehafens Stettin, vol. 3: 12. [9] Para. 2, sec. 1 of the 1933 port regulations for Szczecin. [10] Borchard, Fulst, o.c.: 287. [11] Therein: 285-286. [12] Deutsches Schiffahrts und Hafen Jahrbuch 1938: 227. [13] Borchard, Fulst, o.c.: 267. [14] Para. 2, sec. 2 of port regulations. [15] Borchard, Fulst, o.c.: 267. [16] Deutsches Schiffahrts und Hafen Jahrbuch 1938: 227. (17] Borchard, Fulst, o.c.: 25-26. [18] Therein: 27. [19] Therein: 3 L [20] Borchard, Fulst, o.c.: 279 and Bolle A. o.c.: 2. [21] Borchard, Flulst, o.c.: 31 and 278. [22] There in : 285 and 287, and Deutsche Schiffahrts und Hafen Jahrbuch 1938: 223. . [23] Borchard, Fulst, o.c.: 286. [24] Remark to Para. 76 of Seewasserstrassenordnung, Ministry of Transport of the Reich, 1935: 143. [25] Polizeiverordnung fiir den Hafen Swinemiinde of 10 V 1936, Oberkom­ mando der Kriegsmarine, Hafenordnungen, Berlin 1943. [26] Bartoszynski K.: Odbudowanie uj~cia Odry (Reconstruction of Odra estuary -in Polish). "Monografia Odry". Poznan 1948:570. [27] Deutsches Schiffahrts und Hafen Jahrbuch 1938: 222. [28] Bartoszynski K. , o.c.: 571. [29] Deutsches Schiffahrts und Hafen Jahrbuch 1938: 222-223. [30] Karwowski J.: Party male i ich funkcjonalne zapotrzebowanie (Small ports and their functional need- in Polish). Technika Morza i Wybrzeza 1947,11/12. [31] Borchard, Fulst, o.c.: 16. [32] Therein: 17. [33] Therein. [34] Until the fall of the III Reich. [35] Borchard, Fulst, o.c.: 17. 46 J. Gl}siorowski

[36] Remark to Para.76 of Seewasserstrassenordnung, Ministry of Transport of the Reich 1935: 143. [37] Therein. [38] Seewasserstrassenverordnung Para. 76. [39] II. Press. Seewasserstrassen und Seehafen Berlin-Miinchen, 1962: 140, and Ausba u des Seehafens S tettin, Sonderanlage 1940: 12. Deutsche Sch iffah rts und Hafen Jahrbuch 1938: 223. [40] Seewasserstrassenordnung- Polizeiverordnung zur Regelung des Verkehrs auf den deutschen Seewasserstrassen of 31 X 1933. [41] Para. 76 Seewasserstrassenordnung 1933. [42] Wendling P.: ErHiuterungen zur Seewasserstrassenordnung of 31 III 1927, Hamburg 1928: 159, Para. 80. [43] Wendling P.: Erlauterungen zur Seewasserstrassenordnung of 31 X 1933, Hamburg 1933: 238, Para 76. [44] Bartoszynski K., o.c.: 569. [45] Behm G.: Die Bedeutung Stettins als Seehafens und seine Weiterentwick­ lung, Stettin 1927:2-3, 12, 13, 15-17 and F. Ruckert; Die Seehafenstellung Stettins in der Nachkriegszeit unter besonderer Beriicksichtigung der polini­ schen Ostseehafenpolitik, Berlin 1931: 107~108. [46) Ausbau des Seehafens Stettin, val. 3: 12. [47] Dopierala B.: Kryzys gospodarki morskiej Szczecina 1919- 1939. (Crisis in maritime economy of Szczecin 1919-1939- in Polish). Poznan 1963. [48) Ausbau des Seehafens Stettin, val. 3: 12. [49] Bartoszynski K., o.c.: 569. [50) Para. 1 Polizeiverordnung betr. Lotsenzwang und dem Tiefgang der Schiffe fiir die Regierungsbezirke Stettin und Stralsund of9 VI 1927. [51] Polizeiverordnung- Hafenordnung fiir den Hafen Stettin of 1933. - [52] Polizeiverordnung fiir den Hafen Swinemiinde of 1936. [53] Seewasserstrassenordnung- Polizeiverordnung zur Regelung des Verkehrs auf den deutschen Seewasserstrassen of 1935, Para. 76. [54] President general of the City of Szczecin or President of the Government (Regierungspresident) in Koszalin or Stralsund. [55) Polizeiverordnung fiir die Hafen Kolberg, Riigenwalde und Stolpmiinde 1938. Polizeiverordnung tiber die Regelung des Verkehrs in Hafen Sassnitz of 1936, pub!. by Oberkommando der Kriegsmarine, Hafenordnungen, Be­ rlin 1943. [56) Seewasserstrassenordnung- Polizeiverordnung zur Regelung der Verkehrs auf den deu tschen Seewassers trassen of 1935, Para. 76. [57) Ostsee- Handbuch- Siidlicher Teil- 1931: 254. [58] Annual cargo turnover of Swinoujscie of 50 tho us. tons in relation to 8,246 thous. tons of Port of Szczecin.