View source for Articles 321 - 386

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PART XII.
<br><br>
PORTS, WATERWAYS AND RAILWAYS.
<br><br>
SECTION I.
<br><br>
GENERAL PROVISIONS.
<br><br>
ARTICLE 321.
<br><br>
Germany undertakes to grant freedom of transit through her
territories on the routes most convenient for international
transit, either by rail, navigable waterway, or canal, to persons,
goods, vessels, carriages, wagons and mails coming from or going to
the territories of any of the Allied and Associated Powers (whether
contiguous or not); for this purpose the crossing of territorial
waters shall be allowed. Such persons, goods, vessels, carriages,
wagons, and mails shall not be subjected to any transit duty or to
any undue delays or restrictions, and shall be entitled in Germany
to national treatment as regards charges, facilities, and all other
matters.
<br><br>
Goods in transit shall be exempt from all Customs or other similar
duties. <br><br>
All charges imposed on transport in transit shall be reasonable,
having regard to the conditions of the traffic. No charge, facility
or restriction shall depend directly or indirectly on the ownership
or on the nationality of the ship or other means of transport on
which any part of the through journey has been, or is to be,
accomplished.
<br><br>
ARTICLE 322.
<br><br>
Germany undertakes neither to impose nor to maintain any control
over transmigration traffic through her territories beyond measures
necessary to ensure that passengers are bona fide in transit; nor
to allow any shipping company or any other private body,
corporation or person interested in the traffic to take any part
whatever in, or to exercise any direct or indirect influence over,
any administrative service that may be necessary for this purpose.
<br><br>
ARTICLE 323.
<br><br>
Germany undertakes to make no discrimination or preference direct
or indirect, in the duties, charges and prohibitions relating to
importations into or exportations from her territories, or, subject
to the special engagements contained in the present Treaty, in the
charges and conditions of transport of goods or persons entering or
leaving her territories, based on the frontier crossed; or on the
kind, ownership or flag of the means of transport (including
aircraft) employed, or on the original or immediate place of
departure of the vessel, wagon or aircraft or other means of
transport employed, or its ultimate or intermediate destination; or
on the route of or places of trans-shipment on the journey; or on
whether any port through which the goods are imported or exported
is a German port or a port belonging to any foreign country or on
whether the goods are imported or exported by sea, by land or by
air. <br><br>
Germany particularly undertakes not to establish against the ports
and vessels of any of the Allied and Associated Powers any surtax
or any direct or indirect bounty for export, or import by German
ports or vessels, or by those of another Power, for example by
means of combined tariffs. She further undertakes that persons or
goods passing through a port or using a vessel of any of the Allied
and Associated Powers shall not be subjected to any formality or
delay whatever to which such persons or goods would not be
subjected if they passed through a German port or a port of any
other Power, or used a German vessel or a vessel of any other
Power.
<br><br>
ARTICLE 324.
<br><br>
All necessary administrative and technical measures shall be taken
to shorten, as much as possible, the transmission of goods across
the German frontiers and to ensure their forwarding and transport
from such frontiers, irrespective of whether such goods are coming
from or going to the territories of the Allied and Associated
Powers or are in transit from or to those territories, under the
same material conditions in such matters as rapidity of carriage
and care en route as are enjoyed by other goods of the same kind
carried on German territory under similar conditions of transport.
<br><br>
In particular, the transport of perishable goods shall be promptly
and regularly carried out, and the customs formalities shall be
effected in such a way as to allow the goods to be carried straight
through by trains which make connection. <br><br>
ARTICLE 325
<br><br>
The seaports of the Allied and Associated Powers are entitled to
all favours and to all reduced tariffs granted on German railways
or navigable waterways for the benefit of German ports or of any
port of another Power. <br><br>
ARTICLE 326.
<br><br>
Germany may not refuse to participate in the tariffs or
combinations of tariffs intended to secure for ports of any of the
Allied and Associated Powers advantages similar to those granted by
Germany to her own ports or the ports of any other Power.
<br><br>
SECTION II.
<br><br>
NAVIGATION.
<br><br>
CHAPTER I.
<br><br>
FREEDOM OF NAVIGATION.
<br><br>
ARTICLE 327.
<br><br>
The nationals of any of the Allied and Associated Powers as well as
their vessels and property shall enjoy in all German ports and on
the inland navigation routes of Germany the same treatment in all
respects as German nationals, vessels and property.
<br><br>
In particular the vessels of any one of the Allied or Associated
Powers shall be entitled to transport goods of any description, and
passengers, to or from any ports or places in German territory to
which German vessels may have access, under conditions which shall
not be more onerous than those applied in the case of national
vessels; they shall be treated on a footing of equality with
national vessels as regards port and harbour facilities and charges
of every description, including facilities for stationing loading,
and unloading, and duties and charges of tonnage, harbour,
pilotage, light-house, quarantine, and all analogous duties and
charges of whatsoever nature, levied in the name of or for the
profit of the Government, public functionaries, private
individuals, corporations or establishments of any kind.
<br><br>
In the event of Germany granting a preferential regime to any of
the Allied or Associated Powers or to any other foreign Power, this
regime shall be extended immediately and unconditionally to all the
Allied and Associated Powers. <br><br>
There shall be no impediment to the movement of persons or vessels
other than those arising from prescriptions concerning customs,
police, sanitation, emigration, and immigration, and those relating
to the import and export of prohibited goods. Such regulations must
be reasonable and uniform and must not impede traffic
unnecessarily.
<br><br>
CHAPTER II.
<br><br>
FREE ZONES 1N PORTS.
<br><br>
ARTICLE 328.
<br><br>
The free zones existing in German ports on August 1, 1914, shall be
maintained. These free zones, and any other free zones which may be
established in German territory by the present Treaty, shall be
subject to the regime provided for in the following
<br><br>
Goods entering or leaving a free zone shall not be subjected to any
import or export duty, other than those provided for in Article
330. <br><br>
Vessels and goods entering a free zone may be subjected to the
charges established to cover expenses of administration, upkeep and
improvement of the port, as well as to the charges for the use of
various installations, provided that these charges shall be
reasonable having regard to the expenditure incurred, and shall be
levied in the conditions of equality provided for in Article 327.
<br><br>
Goods shall not be subjected to any other charge except a
statistical duty which shall not exceed 1 mille ad valorem, and
which shall be devoted exclusively to defraying the expenses of
compiling statements of the traffic in the port. <br><br>
ARTICLE 329.
<br><br>
The facilities granted for the erection of warehouses, for packing
and for unpacking goods, shall be in accordance with trade
requirements for the time being. All goods allowed to be consumed
in the free zone shall be exempt from duty, whether of excise or of
any other description, apart from the statistical duty provided for
in Article 328 above.
<br><br>
There shall be no discrimination in regard to any of the provisions
of the present Article between persons belonging to different
nationalities or between goods of different origin or destination.
<br><br>
ARTICLE 330.
<br><br>
Import duties may be levied on goods leaving the free zone for
consumption in the country on the territory of which the port is
situated. Conversely, export duties may be levied on goods coming
from such country and brought into the free zone. These import and
export duties shall be levied on the same basis and at the same
rates as similar duties levied at the other Customs frontiers of
the country concerned. On the other hand, Germany shall not levy,
under any denomination, any import, export or transit duty on goods
carried by land or water across her territory to or from the free
zone from or to any other State. <br><br>
Germany shall draw up the necessary regulations to secure and
guarantee such freedom of transit over such railways and waterways
in her territory as normally give access to the free zone.
<br><br>
CHAPTER III.
<br><br>
CLAUSES RELATING TO THE ELBE, THE ODER, THE NIEMEN (RUSSSTROM-
MEMEL-NIEMEN) AND THE DANUBE.
<br><br>
(l) General Clauses.
<br><br>
ARTICLE 331
<br><br>
The following rivers are declared international: the Elbe (Labe)
from its confluence with the Vltava (Moldau), and the Vltava
(Moldau) from Prague; the Oder (Odra) from its confluence with the
Oppa; the Niemen (Russstrom-Memel-Niemen) from Grodno; the Danube
from Ulm; and all navigable parts of these river systems which
naturally provide more than one State with access to the sea, with
or without transshipment from one vessel to another; together with
lateral canals and channels constructed either to duplicate or to
improve naturally navigable sections of the specified river
systems, or to connect two naturally navigable sections of the same
river. <br><br>
The same shall apply to the Rhine-Danube navigable waterway, should
such a waterway be constructed under the conditions laid down in
Article 353. <br><br>
ARTICLE 332.
<br><br>
On the waterways declared to be international in the preceding
Article, the nationals, property and flags of all Powers shall be
treated on a footing of prefect equality, no distinction being made
to the detriment of the nationals, property or flag of any Power
between them and the nationals, property or flag of the riparian
State itself or of the most favoured nation. <br><br>
Nevertheless, German vessels shall not be entitled to carry
passengers or goods by regular services between the ports of any
Allied or Associated Power, without special authority from such
Power.
<br><br>
ARTICLE 333.
<br><br>
Where such charges are not precluded by any existing conventions,
charges varying on different sections of a river may be levied on
vessels using the navigable channels or their approaches, provided
that they are intended solely to cover equitably the cost of
maintaining in a navigable condition, or of improving, the river
and its approaches, or to meet expenditure incurred in the
interests of navigation.  The schedule of such charges shall be
calculated on the basis of such expenditure and shall be posted up
in the ports.  These charges shall be levied in such a manner as to
render any detailed examination of cargoes unnecessary, except in
cases of suspected fraud or contravention. <br><br>
ARTICLE 334. The transit of vessels, passengers and goods on these
waterways shall be effected in accordance with the general
conditions prescribed for transit in Section I above.
<br><br>
When the two banks of an international river are within the same
State goods in transit may be placed under seal or in the custody
of customs agents. When the river forms a frontier goods and
passengers in transit shall be exempt from all customs formalities,
the loading and unloading of goods, and the embarkation and
disembarkation of passengers, shall only take place in the ports
specified by the riparian State.
<br><br>
ARTICLE 335.
<br><br>
No dues of any kind other than those provided for in the present
Part shall be levied along the course or at the mouth of these
rivers. <br><br>
This provision shall not prevent the fixing by the riparian States
of customs, local octroi or consumption duties, or the creation of
reasonable and uniform charges levied in the ports, in accordance
with public tariffs, for the use of cranes, elevators, quays,
warehouses, etc.
<br><br>
ARTICLE 336.
<br><br>
In default of any special organisation for carrying out the works
connected with the upkeep and improvement of the international
portion of a navigable system, each riparian State shall be bound
to take suitable measures to remove any obstacle or danger to
navigation and to ensure the maintenance of good conditions of
navigation.
<br><br>
If a State neglects to comply with this obligation any riparian
State, or any State represented on the International Commission, if
there is one, may appeal to the tribunal instituted for this
purpose by the League of Nations. <br><br>
ARTICLE 337.
<br><br>
The same procedure shall be followed in the case of a riparian
State undertaking any works of a nature to impede navigation in the
international section. The tribunal mentioned in the preceding
Article shall be entitled to enforce the suspension or suppression
of such works, making due allowance in its decisions for all rights
in connection with irrigation, water-power, fisheries, and other
national interests, which, with the consent of all the riparian
States or of all the States represented on the International
Commission, if there is one, shall be given priority over the
requirements of navigation.
<br><br>
Appeal to the tribunal of the League of Nations does not require
the suspension of the works.
<br><br>
ARTICLE 338.
<br><br>
The regime set out in Articles 332 to 337 above shall be superseded
by one to be laid down in a General Convention drawn up by the
Allied and Associated Powers, and approved by the League of
Nations, relating to the waterways recognised in such Convention as
having an international character. This Convention shall apply in
particular to the whole or part of the above-mentioned river
systems of the Elbe (Labe), the Oder (Odra), the Niemen (Russstrom-
Memel-Niemen), and the Danube, and such other parts of these river
systems as may be covered by a general definition.
<br><br>
Germany undertakes, in accordance with the provisions of Article
379, to adhere to the said General Convention as well as to all
projects prepared in accordance with Article 343 below for the
revision of existing international agreements and regulations.
<br><br>
ARTICLE 339.
<br><br>
Germany shall cede to the Allied and Associated Powers concerned,
within a maximum period of three months from the date on which
notification shall be given her, a proportion of the tugs and
vessels remaining registered in the ports of the river systems
referred to in Article 331 after the deduction of those surrendered
by way of restitution or reparation. Germany shall in the same way
cede material of all kinds necessary to the Allied and Associated
Powers concerned for the utilisation of those river systems.
<br><br>
The number of the tugs and boats, and the amount of the material so
ceded, and their distribution, shall be determined by an arbitrator
or arbitrators nominated by the United States of America, due
regard being had to the legitimate needs of the parties concerned,
and particularly to the shipping traffic during the five years
preceding the war.
<br><br>
All craft so ceded shall be provided with their fittings and gear,
shall be in a good state of repair and in condition to carry goods
and shall be selected from among those most recently built.
<br><br>
The cessions provided for in the present Article shall entail a
credit of which the total amount, settled in a lump sum by the
arbitrator or arbitrators, shall not in any case exceed the value
of the capital expended in the initial establishment of the
material ceded, and shall be set off against the total sums due
from Germany, in consequence, the indemnification of the
proprietors shall be a matter for Germany to deal with.
<br><br>
(2) Special Clauses relating to the Elbe, the Oder and the Niemen
(Russstrom-Memel-Niemen).
<br><br>
ARTICLE 340.
<br><br>
The Elbe (Labe) shall be placed under the administration of an
International Commission which shall comprise:
<br><br>
4 representatives of the German States bordering on the river: <br><br>
2 representatives of the Czecho-Slovak State;
<br><br>
1 representative of Great Britain;
<br><br>
1 representative of France;
<br><br>
1 representative of Italy;
<br><br>
1 representative of Belgium.
<br><br>
Whatever be the number of members present, each delegation shall
have the right to record a number of votes equal to the number of
representatives allotted to it.
<br><br>
If certain of these representatives cannot be appointed at the time
of the coming into force of the present Treaty, the decisions of
the Commission shall nevertheless be valid.
<br><br>
ARTICLE 341
<br><br>
The Oder (Odra) shall be placed under the administration of an
International Commission, which shall comprise:
<br><br>
1 representative of Poland;
<br><br>
3 representatives of Prussia;
<br><br>
1 representative of the Czecho-Slovak State;
<br><br>
1 representative of Great Britain;
<br><br>
1 representative of France;
<br><br>
1 representative of Denmark;
<br><br>
1 representative of Sweden.
<br><br>
If certain of these representatives cannot be appointed at the time
of the coming into force of the present Treaty, the decisions of
the Commission shall nevertheless be valid.
<br><br>
ARTICLE 342.
<br><br>
On a request being made to the League of Nations by any riparian
State, the Niemen (Russstrom-Memel-Niemen) shall be placed under
the administration of an International Commission which shall
comprise one representative of each riparian State and three
representatives of other States specified by the League of Nations.
<br><br>
ARTICLE 343.
<br><br>
The International Commissions referred to in Articles 340 and 342
shall meet within three months of the date of the coming into force
of the present Treaty. The International Commission referred to in
Article 342 shall meet within three months from the date of the
request made by a riparian State. Each of these Commissions shall
proceed immediately to prepare a project for the revision of the
existing international agreements and regulations drawn up in
conformity with the General Convention referred to in Article 338,
should such Convention have been already concluded. In the absence
of such Convention, the project for revision shall be in conformity
with the principles of Articles 332 to 337 above. <br><br>
ARTICLE 344.
<br><br>
The projects referred to in the preceding Article shall, inter
alia: <br><br>
(a) designate the headquarters of the International Commission, and
prescribe the manner in which its President is to be nominated;
<br><br>
(b) specify the extent of the Commission's powers, particularly in
regard to the execution of works of maintenance, control, and
improvement on the river system, the financial regime, the fixing
and collection of charges, and regulations for navigation-
<br><br>
(c) define the sections of the river or its tributaries to which
the international regime shall be applied.
<br><br>
ARTICLE 345.
<br><br>
The international agreements and regulations at present governing
the navigation of the Elbe (Labe), the Oder (Odra), and the Niemen
(Russstrom-Memel-Niemen) shall be provisionally maintained in force
until the ratification of the above-mentioned projects.
Nevertheless, in all cases where such agreements and regulations in
force are in conflict with the provisions of Articles 332 to 337
above, or of the General Convention to be concluded, the latter
provisions shall prevail.
<br><br>
(3) Special Clauses relating to the Danube.
<br><br>
ARTICLE 346.
<br><br>
The European Commission of the Danube reassumes the powers it
possessed before the war. Nevertheless, as a provisional measure,
only representatives of Great Britain, France, Italy and Roumania
shall constitute this Commission. <br><br>
ARTICLE 347
<br><br>
From the point where the competence of the European Commission
ceases, the Danube system referred to in Article 33l shall be
placed under the administration of an International Commission
composed as follows:
<br><br>
2 representatives of German riparian States; 1 representative of
each other riparian State; 1 representative of each non-riparian
State represented in the future on the European Commission of the
Danube.
<br><br>
If certain of these representatives cannot be appointed at the time
of the coming into force of the present Treaty, the decisions of
the Commission shall nevertheless be valid.
<br><br>
ARTICLE 348.
<br><br>
The International Commission provided for in the preceding Article
shall meet as soon as possible after the coming into force of the
present Treaty and shall undertake provisionally the administration
of the river in conformity with the provisions of Articles 332 to
337, until such time as a definitive statute regarding the Danube
is concluded by the Powers dominated by the Allied and Associated
Powers.
<br><br>
ARTICLE 349.
<br><br>
Germany agrees to accept the regime which shall be laid down for
the Danube by a Conference of the Powers nominated by the Allied
and Associated Powers, which shall meet within one year after the
coming into force of the present Treaty, and at which German
representatives may be present.
<br><br>
ARTICLE 350
<br><br>
The mandate given by Article 57 of the Treaty of Berlin of July 13,
1878, to Austria-Hungary, and transferred by her to Hungary to
carry out works at the Iron Gates, is abrogated. The Commission
entrusted with the administration of this part of the river shall
lay down provisions for the settlement of accounts subject to . the
financial provisions of the present Treaty. Charges which may be
necessary shall in no case be levied by Hungary.
<br><br>
ARTICLE 351.
<br><br>
Should the Czecho-Slovak State, the Serb-Croat-Slovene State or
Roumania, with the authorisation of or under mandate from the
International Commission, undertake maintenance, improvement, weir,
or other works on a part of the river system which forms a
frontier, these States shall enjoy on the opposite bank, and also
on the part of the bed which is outside their territory, all
necessary facilities for the survey, execution and maintenance of
such works. <br><br>
ARTICLE 352.
<br><br>
Germany shall be obliged to make to the European Commission of the
Danube all restitutions, reparations and indemnities for damages
inflicted on the Commission during the war.
<br><br>
ARTICLE 353.
<br><br>
Should a deep-draught Rhine-Danube navigable waterway be
constructed, Germany undertakes to apply thereto the regime
prescribed in Articles 332 to 338. <br><br>
CHAPTER IV.
<br><br>
CLAUSES RELATING TO THE RHINE AND THE MOSELLE.
<br><br>
ARTICLE 354
<br><br>
As from the coming into force of the present Treaty, the Convention
of Mannheim of October 17, 1868, together with the Final Protocol
thereof, shall continue to govern navigation on the Rhine, subject
to the conditions hereinafter laid down. <br><br>
In the event of any provision of the said Convention being in
conflict with those laid down by the General Convention referred to
in Article 338 (which shall apply to the Rhine) the provisions of
the General Convention shall prevail. <br><br>
Within a maximum period of six months from the coming into force of
the present Treaty, the Central Commission referred to in Article
355 shall meet to draw up a project of revision of the Convention
of Mannheim. This project shall be drawn up in harmony with the
provisions of the General Convention referred to above, should this
have been concluded by that time, and shall be submitted to the
Powers represented on the Central Commission Germany hereby agrees
to adhere to the project so drawn up.
<br><br>
Further, the modifications set out in the following Articles shall
immediately be made in the Convention of Mannheim.
<br><br>
The Allied and Associated Powers reserve to themselves the right to
arrive at an understanding in this connection with Holland, and
Germany hereby agrees to accede if required to any such
understanding.
<br><br>
ARTICLE 355<br><br>
The Central Commission provided for in the Convention of Mannheim
shall consist of nineteen members, <i>viz.</i>:
<br><br>
2 representatives of the Netherlands; 2 representatives of
Switzerland; 4 representatives of German riparian States; 4
representatives of France, which in addition shall appoint the
President of the Commission; 2 representatives of Great Britain; 2
representatives of Italy; 2 representatives of Belgium. <br><br>
The headquarters of the Central Commission shall be at Strasburg.
<br><br>
Whatever be the number of members present, each Delegation shall
have the right to record a number of votes equal to the number of
representatives allotted to it.
<br><br>
If certain of these representatives cannot be appointed at the time
of the coming into force of the present Treaty, the decision of the
Commission shall nevertheless be valid.
<br><br>

ARTICLE 356.
<br><br>
Vessels of all nations, and their cargoes, shall have the same
rights and privileges as those which are granted to vessels
belonging to the Rhine navigation, and to their cargoes.
<br><br>
None of the provisions contained in Articles 15 to 20 and 26 of the
above-mentioned Convention of Mannheim, in Article 4 of the Final
Protocol thereof, or in later Conventions, shall impede the free
navigation of vessels and crews of all nations on the Rhine and on
waterways to which such Conventions apply, subject to compliance
with the regulations concerning pilotage and other police measures
drawn up by the Central Commission.
<br><br>
The provisions of Article 22 of the Convention of Mannheim and of
Article 5 of the Final Protocol thereof shall be applied only to
vessels registered on the Rhine. The Central Commission shall
decide on the steps to be taken to ensure that other vessels
satisfy the conditions of the general regulations applying to
navigation on the Rhine.
<br><br>
ARTICLE 357
<br><br>
Within a maximum period of three months from the date on which
notification shall be given Germany shall cede to France tugs and
vessels, from among those remaining registered in German Rhine
ports after the deduction of those surrendered by way of
restitution or reparation, or shares in German Rhine navigation
companies.
<br><br>
When vessels and tugs are ceded, such vessels and tugs, together
with their fittings and gear, shall be in good state of repair,
shall be in condition to carry on commercial traffic on the Rhine,
and shall be selected from among those most recently built.
<br><br>
The same procedure shall be followed in the matter of the cession
by Germany to France of:
<br><br>
(1) the installations, berthing and anchorage accommodation,
platforms, docks, warehouses, plant, etc., which German subjects or
German companies owned on August 1, 1914, in the port of Rotterdam,
and
<br><br>
(2) the shares or interests which Germany or German nationals
possessed in such installations at the same date.
<br><br>
The amount and specifications of such cessions shall be determined
within one year of the coming into force of the present Treaty by
an arbitrator or arbitrators appointed by the United States of
America, due regard being had to the legitimate needs of the
parties concerned.
<br><br>
The cessions provided for in the present Article shall entail a
credit of which the total amount, settled in a lump sum by the
arbitrator or arbitrators mentioned above shall not in any case
exceed the value of the capital expended in the initial
establishment of the ceded material and installations, and shall be
set off against the total sums due from Germany; in consequence,
the indemnification of the proprietors shall be a matter for
Germany to deal with. <br><br>
ARTICLE 358.
<br><br>
Subject to the obligation to comply with the provisions of the
Convention of Mannheim or of the Convention which may be
substituted therefor, and to the stipulations of the present
Treaty, France shall have on the whole course of the Rhine included
between the two extreme points of the French frontiers: <br><br>
(a) the right to take water from the Rhine to feed navigation and
irrigation canals (constructed or to be constructed) or for any
other purpose, and to execute on the German bank all works
necessary for the exercise of this right; <br><br>
(b) the exclusive right to the power derived from works of
regulation on the river, subject to the payment to Germany of the
value of half the power actually produced, this payment, which will
take into account the cost of the works necessary for producing the
power, being made either in money or in power and in default of
agreement being determined by arbitration. For this purpose France
alone shall have the right to carry out in this part of the river
all works of regulation (weirs or other works) which she may
consider necessary for the production of power. Similarly, the
right of taking water from the Rhine is accorded to Belgium to feed
the Rhine-Meuse navigable waterway provided for below.
<br><br>
The exercise of the rights mentioned under (a) and (b) of the
present Article shall not interfere with navigability nor reduce
the facilities for navigation, either in the bed of the Rhine or
in, the derivations which may be substituted therefor, nor shall it
. involve any increase in the tolls formerly levied under the
Convention in force. All proposed schemes shall be laid before the
Central Commission in order that that Commission may assure itself
that these conditions are complied with.
<br><br>
To ensure the proper and faithful execution of the provisions
contained in (a) and (b) above, Germany:
<br><br>
(1) binds herself not to undertake or to allow the construction of
any lateral canal or any derivation on the right bank of the river
opposite the French frontiers;
<br><br>
(2) recognises the possession by France of the right of support on
and the right of way over all lands situated on the right bank
which may be required in order to survey, to build, and to operate
weirs which France, with the consent of the Central Commission, may
subsequently decide to establish. In accordance with such consent,
France shall be entitled to decide upon and fix the limits of the
necessary sites, and she shall be permitted to occupy such lands
after a period of two months after simple notification, subject to
the payment by her to Germany of indemnities of which the total
amount shall be fixed by the Central Commission. Germany shall make
it her business to indemnify the proprietors whose property will be
burdened with such servitudes or permanently occupied by the works.
<br><br>
Should Switzerland so demand, and if the Central Commission
approves, the same rights shall be accorded to Switzerland for the
part of the river forming her frontier with other riparian States;
<br><br>
(3) shall hand over to the French Government, during the month
following the coming into force of the present Treaty, all
projects, designs, drafts of concessions and of specifications
concerning the regulation of the Rhine for any purpose whatever
which have been drawn up or received by the Governments of Alsace-
Lorraine or of the Grand Duchy of Baden.
<br><br>
ARTICLE 359.
<br><br>
Subject to the preceding provisions, no works shall be carried out
in the bed or on either bank of the Rhine where it forms the
boundary of France and Germany without the previous approval of the
Central Commission or of its agents. <br><br>
ARTICLE 360.
<br><br>
France reserves the option of substituting herself as regards the
rights and obligations resulting from agreements arrived at between
the Government of Alsace-Lorraine and the Grand Duchy of Baden
concerning the works to be carried out on the Rhine; she may also
denounce such agreements within a term of five years dating from
the coming into force of the present Treaty. <br><br>
France shall also have the option of causing works to be carried
out which may be recognised as necessary by the Central Commission
for the upkeep or improvement of the navigability of the Rhine
above Mannheim.
<br><br>
ARTICLE 361.
<br><br>
Should Belgium within a period of 25 years from the coming into
force of the present Treaty decide to create a deep-draught Rhine-
Meuse navigable waterway, in the region of Ruhrort, Germany shall
be bound to construct, in accordance with plans to be communicated
to her by the Belgian Government, after agreement with the Central
Commission, the portion of this navigable waterway situated within
her territory.
<br><br>
The Belgian Government shall, for this purpose, have the right to
carry out on the ground all necessary surveys.
<br><br>
Should Germany fail to carry out all or part of these works, the
Central Commission shall be entitled to carry them out instead;
and, for this purpose, the Commission may decide upon and fix the
limits of the necessary sites and occupy the ground after a period
of two months after simple notification, subject to the payment of
indemnities to be fixed by it and paid by Germany. <br><br>
This navigable waterway shall be placed under the same
administrative regime as the Rhine itself, and the division of the
cost of initial construction, including the above indemnities,
among the States crossed thereby shall be made by the Central
Commission.
<br><br>
ARTICLE 362.
<br><br>
Germany hereby agrees to offer no objection to any proposals of the
Central Rhine Commission for extending its jurisdiction:
<br><br>
(1) to the Moselle below the Franco-Luxemburg frontier down to the
Rhine, subject to the consent of Luxemburg;
<br><br>
(2) to the Rhine above Basle up to the Lake of Constance, subject
to the consent of Switzerland;
<br><br>
(3) to the lateral canals and channels which may be established
either to duplicate or to improve naturally navigable sections of
the Rhine or the Moselle, or to connect two naturally navigable
sections of these rivers, and also any other parts of the Rhine
river system which may be covered by the General Convention
provided for in Article 338 above.
<br><br>
CHAPTER V.
<br><br>
CLAUSES GIVING TO THE CZECHO-SLOVAK STATE THE USE OF NORTHERN
PORTS. <br><br>
ARTICLE 363.
<br><br>
In the ports of Hamburg and Stettin Germany shall lease to the
Czecho-Slovak State, for a period of 99 years, areas which shall be
placed under the general regime of free zones and shall be used for
the direct transit of goods coming from or going to that State.
<br><br>
ARTICLE 364.
<br><br>
The delimitation of these areas, and their equipment, their
exploitation, and in general all conditions for their utilisation,
including the amount of the rental, shall be decided by a
Commission consisting of one delegate of Germany, one delegate of
the Czecho-Slovak State and one delegate of Great Britain. These
conditions shall be susceptible of revision every ten years in the
same manner. <br><br>
Germany declares in advance that she will adhere to the decisions
so taken. <br><br>
SECTION III.
<br><br>
RAILWAYS.
<br><br>
CHAPTER I.
<br><br>
CLAUSES RELATING TO INTERNATIONAL TRANSPORT.
<br><br>
ARTICLE 365.
<br><br>
Goods coming from the territories of the Allied and Associated
Powers, and going to Germany, or in transit through Germany from or
to the territories of the Allied and Associated Powers, shall enjoy
on the German railways as regards charges to be collected (rebates
and drawbacks being taken into account), facilities, and all other
matters, the most favourable treatment applied to goods of the same
kind carried on any German lines, either in internal traffic, or
for export, import or in transit, under similar conditions of
transport, for example as regards length of route. The same rule
shall be applied, on the request of one or more of the Allied and
Associated Powers, to goods specially designated by such Power or
Powers coming from Germany and going to their territories. <br><br>
International tariffs established in accordance with the rates
referred to in the preceding paragraph and involving through
waybills shall be established when one of the Allied and Associated
Powers shall require it from Germany. <br><br>
ARTICLE 366.
<br><br>
From the coming into force of the present Treaty the High
Contracting Parties shall renew, in so far as concerns them and
under the reserves indicated in the second paragraph of the present
Article, the conventions and arrangements signed at Berne on
October 14, 1890, September 20, 1893, July 16, 1895, June 16, 1898,
and September 19, 1906, regarding the transportation of goods by
rail. <br><br>
If within five years from the date of the coming into force of the
present Treaty a new convention for the transportation of
passengers, luggage, and goods by rail shall have been concluded to
replace the Berne Convention of October 14, 1 890, and the
subsequent additions referred to above, this new convention and the
supplementary provisions for international transport by rail which
may be based on it shall bind Germany, even if she shall have
refused to take part in the preparation of the convention or to
subscribe to it. Until a new convention shall have been concluded,
Germany shall conform to the provisions of the Berne Convention and
the subsequent additions referred to above, and to the current
supplementary provisions.
<br><br>
ARTICLE 367.
<br><br>
Germany shall be bound to co-operate in the establishment of
through ticket services (for passengers and their luggage) which
shall be required by any of the Allied and Associated Powers to
ensure their communication by rail with each other and with all
other countries by transit across the territories of Germany; in
particular Germany shall, for this purpose, accept trains and
carriages coming from the territories of the Allied and Associated
Powers and shall forward them with a speed at least equal to that
of her best long-distance trains on the same lines. The rates
applicable to such through services shall not in any case be higher
than the rates collected on German internal services for the same
distance, under the same conditions of speed and comfort. <br><br>
The tariffs applicable under the same conditions of speed and
comfort to the transportation of emigrants going to or coming from
ports of the Allied and Associated Powers and using the German
railways shall not be at a higher kilometric rate than the most
favourable tariffs (drawbacks and rebates being taken into account)
enjoyed on the said railways by emigrants going to or coming from
any other ports
<br><br>
ARTICLE 368.
<br><br>
Germany shall not apply specially to such through services, or to
the transportation of emigrants going to or coming from the ports
of the Allied and Associated Powers, any technical, fiscal or
administrative measures, such as measures of customs examination,
general police, sanitary police, and control, the result of which
would be to impede or delay such services. <br><br>
ARTICLE 369.
<br><br>

In case of transport partly by rail and partly by internal
navigation, with or without through way-bill, the preceding
Articles shall apply to the part of the journey performed by rail.
<br><br>
CHAPTER II.
<br><br>
ROLLING-STOCK.
<br><br>
ARTICLE 370.
<br><br>
Germany undertakes that German wagons shall be fitted with
apparatus allowing: <br><br>
(1) of their inclusion in goods trains on the lines of such of the
Allied and Associated Powers as are parties to the Berne Convention
of May 15, 1886, as modified on May 18, 1907, without hampering the
action of the continuous brake which may be adopted in such
countries within ten years of the coming into force of the present
Treaty, and
<br><br>
(2) Of the acceptance of wagons of such countries in all goods
trains on the German lines.
<br><br>
The rolling-stock of the Allied and Associated Powers shall enjoy
on the German lines the same treatment as German rollingstock as
regards movement, upkeep, and repairs.
<br><br>
CHAPTER III.
<br><br>
CESSIONS OF RAILWAY LINES.
<br><br>
ARTICLE 371.
<br><br>
Subject to any special provisions concerning the cession of ports,
waterways and railways situated in the territories over which
Germany abandons her sovereignty, and to the financial conditions
relating to the concessionnaires and the pensioning of the
personnel, the cession of railways will take place under the
following conditions:
<br><br>
(1) The works and installations of all the railroads shall be
handed over complete and in good condition.
<br><br>
(2) When a railway system possessing its own rolling-stock is
handed over in its entirety by Germany to one of the Allied and
Associated Powers, such stock shall be handed over complete, in
accordance with the last inventory before November 11, 1918, and in
a normal state of upkeep.
<br><br>
(3) As regards lines without any special rolling-stock, Commissions
of experts designated by the Allied and Associated Powers, on which
Germany shall be represented, shall fix the proportion of the stock
existing on the system to which those lines belong to be handed
over. These Commissions shall have regard to the amount of the
material registered on these lines in the last inventory before
November 11, 1918, the length of track (sidings included), and the
nature and amount of the traffic. These Commissions shall also
specify the locomotives, carriages and wagons to be handed over in
each case; they shall decide upon the conditions of their
acceptance, and shall make the provisional arrangements necessary
to ensure their repair in German workshops.
<br><br>
(4) Stocks of stores, fittings and plant shall be handed over under
the same conditions as the rolling-stock.
<br><br>
The provisions of paragraphs 3 and 4 above shall be applied to the
lines of former Russian Poland converted by Germany to the German
gauge, such lines being regarded as detached from the
<br><br>
Prussian State System.
<br><br>
CHAPTER IV.
<br><br>
PROVISIONS RELATING TO CERTAIN RAILWAY LINES.
<br><br>
ARTICLE 372.
<br><br>
When as a result of the fixing of new frontiers a railway
connection between two parts of the same country crosses another
country, or a branch line from one country has its terminus in
another, the conditions of working, if not specifically provided
for in the present Treaty, shall be laid down in a convention
between the railway administrations concerned. If the
administrations cannot come to an agreement as to the terms of such
convention, the points of difference shall be decided by
commissions of experts composed as provided in the preceding
Article.
<br><br>
ARTICLE 373.
<br><br>
Within a period of five years from the coming into force of the
present Treaty the Czecho-Slovak State may require the construction
of a railway line in German territory between the stations of
Schlauney and Nachod. The cost of construction shall be borne by
the Czecho-Slovak State.
<br><br>
ARTICLE 374.
<br><br>
Germany undertakes to accept, within ten years of the coming into
force of the present Treaty, on request being made by the Swiss
Government after agreement with the Italian Government, the
denunciation of the International Convention of October l3, 1909,
relative to the St. Gothard railway. In the absence of agreement as
to the conditions of such denunciation, Germany hereby agrees to
accept the decision of an arbitrator designated by the United
States of America. <br><br>
CHAPTER V.
<br><br>
TRANSITORY PROVISIONS.
<br><br>
ARTICLE 375
<br><br>
Germany shall carry out the instructions given her, in regard to
transport, by an authorised body acting on behalf of the Allied and
Associated Powers: <br><br>
(1) For the carriage of troops under the provisions of the present
Treaty, and of material, ammunition and supplies for army use;
<br><br>
(2) As a temporary measure, for the transportation of supplies for
certain regions, as well as for the restoration, as rapidly as
possible, of the normal conditions of transport, and for the
organisation of postal and telegraphic services.
<br><br>
SECTION IV.
<br><br>
DISPUTES.
<br><br>
AND REVISION OF PERMANENT CLAUSES.
<br><br>
ARTICLE 376.
<br><br>
Disputes which may arise between interested Powers with regard to
the interpretation and application of the preceding Article shall
be settled as provided by the League of Nations.
<br><br>
ARTICLE 377.
<br><br>
At any time the League of Nations may recommend the revision of
such of these Articles as relate to a permanent administrative
regime. <br><br>
ARTICLE 378.
<br><br>
The stipulations in Articles 321 to 330, 332, 365, and 367 to 369
shall be subject to revision by the Council of the League of
Nations at any time after five years from the coming into force of
the present Treaty. <br><br>
Failing such revision, no Allied or Associated Power can claim
after the expiration of the above period of five years the benefit
of any of the stipulations in the Articles enumerated above on
behalf of any portion of its territories in which reciprocity is
not accorded in respect of such stipulations. The period of five
years during which reciprocity cannot be demanded may be prolonged
by the Council of the League of Nations.
<br><br>
SECTION V.
<br><br>
SPECIAL PROVISION.
<br><br>
ARTICLE 379.
<br><br>
Without prejudice to the special obligations imposed on her by the
present Treaty for the benefit of the Allied and Associated Powers,
Germany undertakes to adhere to any General Conventions regarding
the international regime of transit, waterways, ports or railways
which may be concluded by the Allied and Associated Powers, with
the approval of the League of Nations, within five years of the
coming into force of the present Treaty.
<br><br>
SECTION VI.
<br><br>
CLAUSES RELATING TO THE KIEL CANAL.
<br><br>
ARTICLE 380.
<br><br>
The Kiel Canal and its approaches shall be maintained free and open
to the vessels of commerce and of war of all nations at peace with
Germany on terms of entire equality.
<br><br>
ARTICLE 381.
<br><br>
The nationals, property and vessels of all Powers shall, in respect
of charges, facilities, and in all other respects, be treated on a
footing of perfect equality in the use of the Canal, no distinction
being made to the detriment of nationals, property and vessels of
any Power between them and the nationals, property and vessels of
Germany or of the most favoured nation. <br><br>
No impediment shall be placed on the movement of persons or vessels
other than those arising out of police, customs, sanitary,
emigration or immigration regulations and those relating to the
import or export of prohibited goods. Such regulations must be
reasonable and uniform and must not unnecessarily impede traffic
<br><br>
ARTICLE 382.
<br><br>
Only such charges may be levied on vessels using the Canal or its
approaches as are intended to cover in an equitable manner the cost
of maintaining in a navigable condition, or of improving, the Canal
or its approaches, or to meet expenses incurred in the interests of
navigation. The schedule of such charges shall be calculated on the
basis of such expenses, and shall be posted up in the ports.
<br><br>
These charges shall be levied in such a manner as to render any
detailed examination of cargoes unnecessary, except in the case of
suspected fraud or contravention.
<br><br>
ARTICLE 383.
<br><br>
Goods in transit may be placed under seal or in the custody of
customs agents; the loading and unloading of goods, and the
embarkation and disembarkation of passengers, shall only take place
in the ports specified by Germany. <br><br>
ARTICLE 384.
<br><br>
No charges of any kind other than those provided for in the present
Treaty shall be levied along the course or at the approaches of the
Kiel Canal. <br><br>
ARTICLE 385.
<br><br>
Germany shall be bound to take suitable measures to remove any
obstacle or danger to navigation, and to ensure the maintenance of
good conditions of navigation. She shall not undertake any works of
a nature to impede navigation on the Canal or its approaches.
<br><br>
ARTICLE 386.
<br><br>
In the event of violation of any of the conditions of Articles 380
to 386, or of disputes as to the interpretation of these Articles,
any interested Power can appeal to the jurisdiction instituted for
the purpose by the League of Nations. <br><br>
In order to avoid a reference of small questions to the League of
Nations, Germany will establish a local authority at Kiel qualified
to deal with disputes in the first instance and to give
satisfaction so far as possible to complaints which may be
presented through the consular representatives of the interested
Powers.
<hr>
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