Papers Relating to the Foreign Relations of the United States, The Paris Peace Conference, 1919, Volume V

Paris Peace Conf. 180.03401/122

IC–176G

Notes of a Meeting Held at President Wilson’s Residence, Place des Etats-Unis, Paris, on Saturday, April 26, 1919, at 11 a.m.

Paris, April 26, 1919, 11 a.m.

• Present
  • United States of America
    • President Wilson.
    • The Hon. Henry White.
    • Dr. D. H. Miller.
    • Dr. Manley O. Hudson.
  • British Empire
    • The Rt. Hon. D. Lloyd George, O. M., M. P.
    • The Rt. Hon. Sir Robert Borden, G. C. M. G., K. C.
    • The Hon. A. L. Sifton.
    • Sir Hubert Llewellyn Smith, K. C. B.
    • Brig-General H. O. Mance, C. B., C. M. G., D. S. O.
  • France
    • M. Clemenceau.
    • M. Albert Claveille.
    • M. A. Weiss.
    • Sir Maurice Hankey, K. C. B. Secretary.
    • Professor P. J. Mantoux. Interpreter.

Regime of Ports, Waterways & Railways

The Council had before it a revised Report of the Commission on the International Régime of Ports, Waterways and Railways (Appendix).¹

Note:—A few manuscript alterations had been introduced in the copy as attached.

(1) Continuation of the Work of the Commission on Ports, Waterways and Railways President Wilson said that the United States Delegation had no remarks to make on the Report.

Sir Robert Borden said that the British Empire Continuation of the Delegation had examined this report with great care The first point they wished to know was whether the Commission was to continue its work and report on the question of a general Treaty applicable to all countries. This report might be furnished to the League of Nations. The Commission had set out to do this, but, owing to the necessity of speeding up the Treaty of Peace with Germany, had devoted its main attention to the preparation of clauses for inclusion in the Peace Treaty. The British Empire Delegation had recommended that the Commission should now complete its work with a view to a report to the League of Nations. A good deal of the preliminary work had already been done.

President Wilson said that this was very desirable.

Sir Robert Borden said that was the view of the British Empire Delegation.

(It was agreed that the Commission on the International Régime of Ports, Waterways and Railways should prepare a report on the question of a general treaty applicable to all countries.)

(2) The Transfer to France of Germany’s Riparian Right to One Half of the Rhine Water. The Question of Giving Germany Credit for the Value of the German Share of the Power Rights. Article 38 Sir Robert Borden said that the next observation of the British Empire Delegation referred to Article 38, namely, the question of the transfer to France of the riparian rights on the Rhine between Strassburg and Basle. By this article France obtained the right to carry out all works of regulation including the construction of weirs and other works which she might consider necessary for the production of power. France was to be entitled to the power thus produced. The plans of all proposed works for this purpose must be laid before the Control Commission in order that the Commission might assure itself that the navigability of the river itself or of any substituted Canals would be fully maintained. Subject to the approval of the Commission France had the right to construct works both in the bed of the river, including the German half of the river, and to construct whatever works were necessary on the German bank. The Commission had thought that only one Power could effectively carry out such works, and that for physical reasons France should have that right. The view of the British Empire Delegation was that if the works referred to were carried out, credit for the value of the German share of the power rights should be given to Germany.

President Wilson said he thought this quite right.

M. Claveille said he did not quite understand the point.

Sir Robert Borden pointed out that it was proposed to use the German half of the river and to construct works on the German bank. Credit should be given to Germany for her share of the power produced by the rights exercised. The British Empire Delegation had not gone into details, but it had been thought that some tribunal should be set up to decide the amount of compensation to be given to Germany.

Mr. Lloyd George said he would prefer that the rights should be paid for as and when used.

M. Claveille said that what France had desired was the right to construct whatever barrages were necessary on the Rhine for the purpose of obtaining water power. They also required the right to support those barrages as necessary, on the German bank. The only rights they would infringe would be those of private owners, and in this event compensation would be given to the individual owners concerned. Whatever works Germany required on the right bank, whether for navigational reasons or for the construction of ports, would be left to Germany after taking the views of the International Commission to be set up.

Mr. White asked whether Sir Robert Borden meant that Germany’s rights in the water power ought to be paid for.

Sir Robert Borden said this was the case. Similar questions would arise on those portions of the St. Lawrence where the development could only take place by agreement between the two Governments.

General Mance pointed out that Article 38 provided for compensation to be paid by France to German owners for the disturbance of private property caused by the construction of these works. The Commission had considered it technically desirable that the power should be in the hands of only one nation. For technical reasons, owing to the conformation of the banks, it was considered that, except for the barrages, the power works should be on the French side. Sir Robert Borden’s point was that the German share of the water power ought to be compensated either by payment or by some share in the power.

President Wilson said the case seemed to be that Germany was excluded from the use of water for power purposes without any compensation.

M. Claveille said that the situation had been carefully explained. At the present moment all the electrical energy in Mülhausen and Alsace was derived from Germany, and principally from the Black Forest. As that supply might now be cut off, it was considered necessary to compensate for this loss of energy by putting this portion of the Rhine at the disposal of the French. Germany had studied the question before, and had drawn up schemes which appeared to be good and would probably be adopted. Barrages would be erected on the Rhine, and a canal would be constructed on the left bank. The whole expense would fall on the French Government. Hence, France was entitled to some compensation from the water power that would be obtained. The canal in question would be superior to the existing waterway on the Rhine, and would result in an increase to the navigability of the Rhine. All the Powers interested in this navigation would benefit on a footing of equality. Hence, it was equitable that France should get the power.

President Wilson pointed out that nevertheless there would be a transfer of the sovereignty over the German share of the water without compensation.

General Mance pointed out that the value of the power rights depended upon the expense of the necessary works. The value of the right would be reduced by the extra cost of the works due to the necessity for maintaining navigability.

Sir Robert Borden said it was a question of estimating the value to Germany after making necessary allowance for the cost of the works.

President Wilson pointed out that this might prove to be nothing at all.

General Mance said that the amount could not be determined until the canal was actually built.

M. Claveille asked if it was agreed that France alone should have the right to decide on the exclusive construction of the canal on her bank.

President Wilson replied in the affirmative, subject, of course, to the approval of the Commission to the schemes.

M. Clemenceau pointed out this was provided for in the report.

President Wilson asked whether if, on the calculation of the net values, the balance was found to be in Germany’s favour, the report provided that she should be paid.

Mr. Sifton said that this was not provided for, and that was Sir Robert Borden’s point.

Mr. Lloyd George read the following draft clause which had been prepared by Sir Hubert Llewellyn Smith:—

“The British Empire Delegation proposes the following points in para. (b), line 2:

After “river”, insert: “subject to the payment to Germany of the value of her natural share of such right as and when the right is exercised by France, the amount of such payment being in default of agreement determined by arbitration”.

President Wilson said that this did not make clear the subtraction of the cost of construction.

General Mance thought that the words “natural share of such right” implied that technically.

President Wilson suggested that the phrase ought to be “share of such natural right”.

Mr. Lloyd George said that this did not enable the Commission to have the right to give Germany some share of the water power. Germany would probably prefer power to payment.

M. Claveille said the phrase was not sufficiently explicit. He did not know legally what “natural right” would mean.

President Wilson suggested that the phrase should be “either payment or right to use water.”

M. Claveille pointed out that the power must be created by costly works. What was to be cleared up with Germany was the difference between the cost of the works and the value of the power.

Mr. Lloyd George said that this was perfectly fair. The Commission should have the right to provide compensation either in money or in power.

M. Claveille said he agreed.

M. Clemenceau said he agreed.

(It was agreed that Germany should have the right to compensation either in money or power. The drafting of this decision was left to the experts on the Commission.)

(3) Time Limit for the Operation of the Clauses Sir Robert Borden said that the British Empire Delegation had agreed to a draft Article in regard to a time limit to certain articles in this Treaty.

Sir Hubert Llewellyn Smith said that the Article had now been included in the Treaty. Some consequential alteration, however, would be required in this report, in consequence of decisions reached on the previous evening by the Supreme Council when the report of the Economic Commission was under consideration. The decision in regard to the Economic report had related more particularly to clauses dealing with the position of nationals and had rather left in uncertainty the time limit to be given to the shipping clauses. It would either be necessary to transfer Articles 3 and 7 of this report to the Economic clauses,—or, vice versa, to transfer the shipping clauses from the Economic report to this report. The British view was that the Economic clauses should be transferred to this report. He suggested the matter might be referred to the Drafting Committee.

President Wilson said this was his view.

M. Clemenceau agreed.

M. Claveille agreed.

(It was agreed that the question as to whether the shipping Articles in the Economic Report should be transferred to the Articles dealing with Ports and Waterways, or whether the relevant Ports and Waterways Articles should be transferred to the Economic Articles, was referred to the Drafting Committee.

Dr. Miller undertook to see that the Drafting Committee was notified.)

(4) Mr. Lloyd George drew attention to Article 39, which reads as follows:—

works carried Out on the Rhine outside the Franco-German Boundary. Article 39 “Subject to the preceding provisions, no works shall be carried out in the bed or on either bank of the Rhine without the previous approval of the Central Commission or of its agents.”

He asked, if this did not only apply to the Rhine between France and Germany, surely it would not apply to Holland.

M. Claveille said that this would suffice for France but the Belgian representatives wanted to construct a canal to connect the Rhine and the Meuse. For them it was important to prevent Germany from doing anything at the Rhine end of the canal which would affect the navigation of the approaches. Consequently, it was necessary that the Commission should have power to control the German works.

President Wilson said that the present Treaty would only bind its signatories.

Sir Hubert Llewellyn Smith said this was the case unless Holland adhered to the Treaty, which was important, as Holland was a party to the Mannheim Convention.² Holland, however, had said with no uncertain voice that she would not come in if this Clause stood.

President Wilson asked if Belgium would adhere if this clause were amended.

Sir Hubert Llewellyn Smith said that Belgium was protected by the Mannheim Convention, Article 30. This had been explained to the Belgian Representatives, and he thought that they now understood the matter and were satisfied.

General Mance said he thought the Belgians were satisfied with an explicit assurance which he had given them at the last meeting,—that they were covered by Article 30 of the Mannheim Convention.

M. Claveille said that if Belgium was satisfied, he would have nothing to say, but, in his view, the Mannheim Convention did not cover the point. It only provided for the prevention of artificial obstacles to navigation, such as bridges, mills, barrages, etc., but it did nothing to compel the Germans to keep the river dredged. The Belgians were afraid of this, and this could best be prevented by giving the International Commission the powers proposed in this Article.

President Wilson asked whether, as a matter of right, we were not obliged to confine the Treaty to the portions of the river over which the Allies would have jurisdiction.

M. Claveille drew attention to Article 34 of the Treaty, which, subject to certain reservations, continued the Treaty of Mannheim. This provision also reserved the right of Holland to agree or not to agree.

Mr. Lloyd George said that he thought Article 39 was a very stiff claim to put forward. He understood France wanting to protect herself, but why should she say that Germany could not construct works in a portion of the river running through the middle of German territory, without the approval of an International Commission. It seemed to him an intolerable claim which in no way protected France, and only interfered with Germany.

President Wilson suggested the difficulty would be met if the Article were confined to works that would interfere with navigation.

M. Claveille agreed.

M. Clemenceau agreed.

Mr. Lloyd George said he supposed that the phrase would be: No works “that will cause material impediment to navigation.”

Sir Hubert Llewellyn Smith asked whether the Article was now confined to the part of the river between France and Germany.

Mr. Lloyd George and President Wilson replied that it was.

M. Claveille said there was no French objection, but he thought Belgium would object.

Mr. Lloyd George suggested that the question should be decided, and Belgium should be left to raise the question if necessary.

Sir Hubert Llewellyn Smith said he thought the Belgians might be got to agree.

(It was agreed that Article 39 should be confined to the portion of the Rhine where it forms the boundary of France and Germany.)

(5) Through Trains to Inland States. Article 47 Sir Hubert Llewellyn Smith drew attention to Article 47 which had been inserted with the object of providing facilities for railway communication with inland States like Czecho-Slovakia. Among other provisions it was laid down that Germany should forward trains with a speed at least equal to that of their best trains on the same lines. This would mean that if Germany were to put on some very fast trains between two business centres, she would have to run the traffic on the lines referred to in this Article as fast as these special rapid trains. As the distances might be very long this was obviously undesirable and impossible. He suggested that the phrase: “long distance trains” should be inserted.

(The above proposal was accepted.)

(6) Railway Construction for Inland states Article 53 Sir Hubert Llewellyn Smith pointed out that the first paragraph of this Article gave the right to any Allied State for the next 25 years to require Germany or Austria to construct lines for through communication. The State making the demand had to defray the cost. The demands might be unjust, but no tribunal was contemplated. When the line was completed, there was no power after five years to make Germany or Austria work it. At the end of five years it might become a useless, derelict line. Either the first paragraph should be struck out, or some provision should be made under the League of Nations for supervision.

M. Claveille said this provision did not interest France, but had been put in for the benefit of the Czecho-Slovaks and Yugo-Slavs. The fact, however, that these small states would have to pay the cost of the lines limited it to such as would have practical use. These countries would not face the expense unless there was some important object to be gained. If, however, there was a desire to have each case tested by the League of Nations, he had no objection.

(It was agreed that the construction of lines under this clause should be subject to the authority of the Council of the League of Nations.)

(7) Italian Reservation to Article 45 President Wilson said that although the Italians were not represented, attention ought to be given to their reservation to Article 45.

Sir Maurice Hankey said that the Italian technical representatives had been invited to attend.

General Mance said that this Article had only been agreed to by the British and United States Delegates on the understanding that it came within a time limit. M. de Martino had agreed to this. At a subsequent meeting a subordinate Italian official had reserved this clause for further instructions.

Mr. Lloyd George asked if they wanted to strike it out.

President Wilson said they did not.

General Mance said that the Italian objection was that they wanted it to be a permanent provision.

President Wilson said this was impossible, and suggested that it should be agreed that the clause should be a temporary provision.

(President Wilson’s proposal was accepted.)

(8) Rhine-Danube canal. Article 33 A Sir Hubert Llewellyn Smith drew attention to a new typewritten Article; relating to an eventual Rhine-Danube Canal. In the report, provision had been made for an International Commission in regard to the Rhine, and another for the Danube. Many States were represented on both. In 25 years’ time the question of connecting the Rhine and the Danube might become important, and it was proposed to provide for the establishment of a connection. The Clause provided that if all the Allied and Associated Powers on either the Rhine Commission or the Danube Commission considered within 25 years’ time that a canal ought to be built, the German Government or its successors would not be able to oppose its construction. The tribunal provided for allocating the cost was not, in his view, very satisfactory, and he thought that the League of Nations would be more satisfactory. The tribunal proposed was to be composed of the Rhine Commission, enlarged by the addition of a representative of each of the Allied and Associated Powers represented on the Danube Commission but not represented on the Central Commission for the Rhine. He would prefer an arbitral tribunal nominated by the League of Nations.

President Wilson agreed that this would be better.

M. Claveille said he would accept.

(It was agreed that an arbitral Commission set up by the League of Nations should be substituted for the Commission proposed in draft Article 33 A.)

(9) Régime of the Danube: Forthcoming Conference Mr. White drew attention to the recommendation contained on page 4 of the report for the establishment of a provisional régime in regard to the Danube, and, more particularly, to the following passage:—

“The Commission, moreover, is unanimous in its desire that this provisional régime be replaced, with the shortest possible delay, by a definite statute governing the river, and proposes—at the same time without expressing this wish in the form of a peace clause binding the Allied or Associated Powers—that a Conference composed of representatives in equal number of each of the following States—United States of America, Great Britain, France, Italy, Belgium, Greece, Roumania, Serbia, and the Tchecho-Slovak Republic—should meet within three months after the ratification of the Preliminary Peace Treaty for the purpose of drawing up a definite statute governing the Danube.”

He asked if this proposal was accepted.

Mr. Lloyd George said that the British Delegation agreed.

(The proposal quoted above was accepted.)

(10) Application of the General Convention to Territories Transferred From Enemy States Sir Robert Borden said that the British Empire Delegation favoured a suggestion that provision should be made for the application of the general convention to all territories the sovereignty of which would be transferred from the Enemy States as a condition of such transfer.

Sir Hubert Llewellyn Smith suggested that the best plan would be to refer this to the Commission when it re-assembled.

Mr. Sifton said that the Commission as now formed would not agree to a clause applicable to the enemy being applied to territory which was being separated from the enemy.

Sir Hubert Llewellyn Smith said that there was little doubt that the Smaller States would not agree to the proposal. Poland did not disguise her intention to adopt a policy of separate discriminatory bargains with other States in regard to commercial matters. It would be a great advantage if she could be persuaded to agree to equal treatment with all nations.

Mr. Lloyd George said that Poland would be making a great mistake if she started her new career with the policy Sir Hubert Llewellyn Smith anticipated.

(Sir Maurice Hankey was instructed to notify the Secretary-General of the above decisions for the information of the Drafting Committee.)

Villa Majestic, Paris, April 26, 1919.
Revised—April 20 [20?], 1919.

[Appendix to IC–176G]

First and Second Reports Presented to the Preliminary Peace Conference by the Commission on the International Régime of Ports, Waterways, and Railways

The Commission on the International Régime of Ports, Waterways, and Railways was entrusted by the Preliminary Peace Conference at its Plenary Session on the 25th January, 1919, with the duty of “enquiring into and reporting upon the international régime of ports, waterways, and railways.”³

Members of the Commission

United States of America—

• Hon. Henry White (former United States Ambassador Extraordinary and Plenipotentiary at Paris and Rome).
• Mr. David Hunter Miller.
• Mr. Manley O. Hudson (alternate) (Professor of Law at the University of Missouri).

British Empire—

• The Hon. Arthur L. Sifton (Minister of Customs and Inland Revenue of Canada).
• Sir Hubert Llewellyn Smith (Permanent Secretary to the Board of Trade).
• Brigadier-General H. O. Mance (alternate).

France—

• Mr. Claveille (Minister of Public Works and Transport).
• Mr. André Weiss (Jurisconsult of the Ministry of Foreign Affairs).

Italy—

• Mr. S. Crespi (Minister of Food).
• Mr. G. de Martino (Minister Plenipotentiary, Secretary-General of the Ministry of Foreign Affairs).

Japan—

• Mr. Adatci (Japanese Envoy Extraordinary and Minister Plenipotentiary at Brussels).
• Colonel Sato (Military Attaché of Japanese Legation at Berne).

Belgium—

• Mr. Segers (Minister of State).
• Mr. de Visscher and Mr. Hostie (alternates).

China—

• Mr. Chengting Thomas Wang (former Minister of Commerce and Agriculture).
• Mr. Chin-Chun Wang (Managing Director of the Peking-Hankow Railway) (alternate).

Greece—

• Mr. Coromilas (Envoy Extraordinary and Minister Plenipotentiary of Greece at Rome).

Poland—

• Mr. C. Kasperski (Professor at College of Commerce at Warsaw).

Portugal—

• Count de Penha Garcia (former President of the Chamber of Deputies and former Minister of Finance), subsequently replaced by
• Colonel Norton de Mattos (former Minister for War).

Roumania—

• Mr. N. Misu (Roumanian Envoy Extraordinary and Minister Plenipotentiary at London).
• Mr. N. Stefanescu (Engineer-Inspector-General, former Director of River Navigation of the Roumanian State) (alternate).

Serbia—

• Mr. Ante Trumbić (Minister of Foreign Affairs).

Tchecho-Slovak Republic—

• Mr. C. Kramar (President of the Council of Ministers).

Uruguay—

• Mr. Juan Carlos Blanco (Envoy Extraordinary and Minister Plenipotentiary of Uruguay at Paris, former Minister of Public Works).

The bureau of the Commission was as follows:—

Mr. Crespi, President;
Hon. Arthur L. Sifton, Vice-President;
Mr. Chargueraud (Councillor of State, Vice-President of the Superior Council of Public Works), Secretary-General.
Mr. Christian A. Herter (United States of America)	}	secretaries
Mr. W. T. Turner (British Empire)
Mr. Mosca (Italy)
Mr. Horiuchi (Japan)

First Report Presented to the Preliminary Peace Conference by the Commission on the International Régime of Ports, Waterways, and Railways

The Preliminary Peace Conference at its session on the 25th January, 1919, decided that the study of questions relating to the international régime of ports, waterways, and railways should be entrusted to a special Commission.

This Commission was composed of nineteen members, ten belonging to the Great Powers (United States of America, British Empire, France, Italy, Japan), each of which has two representatives, and nine appointed respectively by the following Powers: Belgium, China, Greece, Poland, Portugal, Roumania, Serbia, Tchecho-Slovak Republic, Uruguay.

The members of the Commission (which began its work on the 3rd February, 1919) were at first unanimously of the opinion that, before examining and drawing up special conditions to which specified rivers, ports, or railways, should be submitted, it was desirable to lay down the general principles relating to freedom of transit and rules for the general regulation of all international waterways, all international railways and free ports.

This method of procedure was specially recommended by the British Delegation. Its adoption led to the setting-up of two Sub-Commissions, one (consisting of ten members) charged with the duty of drawing up a draft relating to freedom of transit, and the other (consisting of nine members) with the duty of drawing up draft regulations regarding rivers, ports, and railways.

The two Sub-Commissions carried on their work simultaneously, and, after thorough discussions and a detailed examination by drafting committees, were in a position to present drafts relating respectively to freedom of transit and to international rivers.

After some weeks a change occurred in the original ideas, even on the part of those who had up till then recommended or supported the method of procedure adopted.

The members of the Commission were unanimously led to modify the order of their procedure, as the result, in the first place of certain considerations brought out by a study of the drafts drawn up, and in the second place by the invitation addressed to the Commission to formulate at the earliest possible moment proposals for clauses to be inserted in the Preliminary Peace Treaty.

The Commission now offers for insertion in the Preliminary Peace Treaty the clauses submitted herewith dealing with the general régime of transportation, and particularly with certain ports, railway lines, and river systems of Central Europe. Efforts have been made to secure for the Allied and Associated Powers, in a text as short as the complexity and multiplicity of the technical problems permitted, the guarantees which in the judgment of the Commission are necessary for the free exercise of their rights of equal competition—rights which before the war were encroached upon and menaced by the constant practices of the enemy States.

Certain of these guarantees which, under existing conditions, are indispensable to the economic security of the nations injured by the war, may cease to be necessary as those conditions change. The Commission unanimously proposes therefore that the League of Nations shall have power to recommend the revision of these guarantees at any time in accordance with the provision made in Article 61. The Commission has considered also a definite time limit of five years to be placed upon the continued application of certain of its proposals which are justified by needs which may prove to be transitory. Some members of the Commission thought that after a period of five years, or such longer period as the Council of the League of Nations may decide, the obligations imposed on “B” States by any of these clauses should only continue to apply in relation to those territories of “A” States in which reciprocal treatment is accorded in respect of the subject matter of that clause. Other members thought that they should continue until the admission of enemy States to the League of Nations, if that admission should be delayed more than five years. The commission reached no agreement on these alternatives, but in view of the general policy involved decided to draw the attention of the Conference to the necessity of a definite clause on the matter being inserted in the Preliminary Peace Treaty.^*

The Commission has refrained from enumerating the Allied and Associated Powers and the enemy Powers forming party to the Treaty, at least in those portions of the text which have a general character, believing that such an enumeration might have some bearing on the solution of territorial and political problems outside its jurisdiction. It has referred provisionally to “the A States,” meaning the Powers regarded as Allied or Associated Powers at the time of signature of the Preliminary Peace Treaty, and to “the B States,” meaning the remaining signatory Powers. It is understood that the proper authorities will substitute in place of these provisional terms the explicit enumeration of the Powers.

In regard to the river systems of Central Europe, the Commission has provided a definite and permanent régime of administration and exploitation for the Rhine, the Elbe, the Oder, and the Niemen, reserving the possibility of the future application to these river systems of whatever regulations may later be imposed by a General Convention drawn up by the Allied and Associated States, and approved by the League of Nations, dealing with rivers regarded as international. In regard to the Danube on the other hand it has not been thought possible or necessary to determine in the Preliminary Peace Treaty the definite statute for a river in which so many different interests, at times perhaps divergent, are involved. The Commission has satisfied itself with ensuring a provisional régime, at the same time stipulating for the acquiescence of the enemy Powers in the definitive régime. The Commission, moreover, is unanimous in its desire that this provisional régime be replaced, with the shortest possible delay, by a definite statute governing the river, and proposes—at the same time without expressing this wish in the form of a peace clause binding the Allied or Associated Powers—that a Conference composed of representatives in equal number of each of the following states—United States of America, Great Britain, France, Italy, Belgium, Greece, Roumania, Serbia, and the Tchecho-Slovak Republic—should meet within three months after the ratification of the Preliminary Peace Treaty for the purpose of drawing up a definite statute governing the Danube. The enemy Powers, on the other hand, may not demand the meeting of this Conference, in conformity with Article 29 of the attached clauses, except within a maximum period of one year.

On the question of the Rhine, the Commission has had the views of the Swiss and Netherlands Governments placed before it by special Delegations. In the opinion of the Swiss Delegation the Commission of riparian States provided for by the Convention of Mannheim should be replaced by a Commission which was really international. The Netherlands Delegation, on the other hand, stated that the working of the Central Commission provided for by the Mannheim Convention was quite satisfactory, and expressed the opinion that this Commission should continue to work in the same way without any State other than riparian States taking part therein. The present Commission, which had already come to the conclusion that an International Rhine Commission was necessary, maintains its decision. It desires to draw attention to the high importance of obtaining at the earliest possible moment the adhesion of the Netherlands Government, one of the States signatory to the Mannheim Convention of 1868, to the provisions involving modifications of that Convention. The proposal of the Commission calls for the representation of Switzerland on the new Central Rhine Commission, and the Swiss Government should be so informed in due time.

The special needs of the Tchecho-Slovak Republic arising out of her peculiar geographical position have been taken care of by provisions for according to that State special rights in the ports of Hamburg and Stettin and over designated railway lines leading towards the Adriatic.

It appears unnecessary to submit any further comments in explanation or justification of the attached clauses. The minutes of the meetings would seem to furnish sufficient explanation in each case of the terms finally adopted.

The Commission has completed its examination of the clauses to be inserted in the Preliminary Peace Treaty which were before it. It proposes to take up immediately the investigation of General Conventions, the purpose of which is to establish in the League of Nations an international statute governing transport routes.

Paris, April 7, 1919.

Crespi,

President
United States of America:—

Henry White

British Empire:—

Arthur L. Sifton

France:—

A. Claveille

Italy:—

G. de Martino

Japan:—

M. Adatci

Belgium:—

Jean Hostie

China:—

Chengting T. Wang

Greece:—

Coromilas

Poland:—

C. Kasperski

Portugal:—

J. Norton de Mattos

Roumania:—

N. P. Stefanescu

Serbia:—
Signed by

Dr. Ante Trumbić

as Plenipotentiary of the Kingdom of the Serbians, Croats, and Slovenes, on the explicit condition that the whole of the Kingdom thus designated will be regarded as an A State by the Peace Conference:—

Dr. Ante Trumbić

Tchecho-Slovak Republic:—

Charles Kramar

Uruguay

J. C. Blanco

A. Chargueraud,
Secretary-General

Supplementary Report Presented by the Commission on the International Régime of Ports, Waterways, and Railways to the Peace Conference

Since the presentation of the previous Report by the Commission on the International Régime of Ports, Waterways, and Railways, certain members of this Commission have proposed various drafting amendments in, and additions to, the text of the Articles for insertion in the Treaty of Peace which were submitted by the Commission on the 7th April. These amendments and additions appeared to the Commission particularly desirable owing to the fact that it seemed that the text of these Articles would have to be inserted no longer in the mere Preliminaries but in the actual Treaty of Peace. The Commission decided therefore to undertake a fresh consideration, as the result of which the annexed amendments^† were unanimously adopted.

Among the additions proposed, three new Articles may be mentioned particularly. One^‡ anticipates the possible construction of a Rhine-Danube navigable waterway, to be placed under an international régime analogous to that already contemplated for the Rhine-Meuse navigable waterway. Two other Articles of a more general character have for object, the one^§ of securing the adhesion of the enemy Powers to General Conventions still to be made on the International Régime of Transit, Railways, Ports and Navigable Waterways; the other^║ of submitting certain stipulations in the present Treaty to limitations in the period of application and to conditions of reciprocity in the future. The text of this latter Article had already given rise to discussions by the Commission before the transmission of the previous Report, in which it was expressly mentioned that the Commission had been unable to arrive at an agreement on this question; complete agreement has now been arrived at on the new text. As regards, however, the application of the revised Article, the Italian Delegation which had reserved the inclusion of the last paragraph of Article 45 (maintenance of the régime of tariffs for the benefit of the ports of the Adriatic and of the Black Sea) was not present at the last meeting to give or to withhold its definite acceptance.

Lastly, without being in a position to insert in their own text a stipulation which does not affect only articles dealing with means of transport, the Commission is anxious to call the attention of the Conference to the advantage there would be in inserting at the end of the whole Treaty the following provision:—

“The Allied and Associated Powers reserve the right to specify in a final Treaty of Peace such additional provisions as may be necessary further to define the intentions of the preceding Articles or to facilitate their execution.”

The Commission on the International Régime of Ports, Waterways, and Railways urges that no modification other than the appended amendments^¶ be made in the text of the Articles which it submits. The Commission points out that even minor points in the expressions employed have a technical import and precise signification, arrived at after mature consideration by the experts of the Powers. In the event of future differences of interpretation or of application, the exact meaning would be brought out clearly by the actual discussions, recorded with this object in the minutes of the meetings. Any changes made in the text without the consent of the Commission by an authority in no way qualified for the examination of the special problems dealt with would involve the risk of endangering seriously the interests of the Powers represented at the Peace Conference.

The Commission is equally convinced that there would be the greatest technical difficulty in cutting up the text of the Articles into portions, affecting on the one hand all the enemy States, on the other only this one or that one of them. It is in the very nature of Articles dealing with the régime of means of communication to be inter-connected among themselves and to be such that they cannot be entirely localised as regards their effects or the conditions of their application. To quote a single example, chosen among the stipulations which yet seem to involve consequences most clearly limited from a territorial point of view, namely, the stipulations concerning the Rhine, it is impossible not to insert in the Treaty with Bulgaria the Articles prescribing the régime of the Rhine, Bulgaria being interested in the Rhine-Danube navigable waterway and this waterway being one which under certain eventualities is to be placed under the same régime as the Rhine. Similarly with the majority of the other stipulations.

It is therefore the unanimous opinion of the Commission that the best solution would be to insert in each of the Treaties concluded with the enemy Powers the following Article:—

“Germany (Austria . . . .) undertakes to assure as far as she is concerned the application of the Articles included in the appended annex,”

and to introduce as an annex to each of the Treaties the whole of the clauses dealing with means of communication.

Arthur L. Sifton

,
Vice-President

Paris , April 25, 1919.

United States of America:—

Henry White

British Empire:—

Arthur L. Sifton

France:—

A. Claveille

Italy:—
Japan:—

M. Adatci

Belgium:—

Jean Hostie

China:—

C. C. Wang

Greece:—

Coromilas

Poland:—

C. Kasperski

Portugal:—

J. Norton de Mattos

Roumania:—

N. P. Stefanescu

Serbia:
Signed by

Dr. Ante Trumbić

as Plenipotentiary of the Kingdom of the Serbians, Croats, and Slovenes, on the explicit condition that the whole of the Kingdom thus designated will be regarded as an A State by the Peace Conference:—

Dr. Ante Trumbić

Tchecho-Slovak Republic:—

Charles Kramar

Uruguay:—

J. C. Blanco

Robert Haas,
Acting Secretary-General

Clauses Concerning Ports, Waterways and Railways To Be Inserted in the Preliminary Peace Treaty

(Including the Modifications and Additions Adopted by the Commission)

Chapter I.—General Provisions

Article 1

The B States undertake to grant freedom of transit through their territories on the routes most convenient for international transit, either by rail, navigable waterway, or canal, to persons, goods, ships, carriages, wagons and mails coming from or going to the territories of any of the A States (whether contiguous or not); for this purpose the crossing of territorial waters shall be allowed. Such persons, goods, ships, carriages, wagons and mails shall not be subjected to any transit duty or to any undue delays or restrictions, and shall be treated, as regards charges, facilities, and all other matters, on the same footing as the persons, goods, ships, carriages, wagons and mails of the B States.

Goods in transit shall be exempt from all Customs or other similar duties.

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 any ship or other means of transport on which any part of the through journey has been, or is to be, accomplished.

Article 2

The B States undertake neither to impose nor to maintain any control over transmigration traffic through their 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.

Article 3

Subject to the special engagements contained in these articles, the B States undertake to make no discrimination in the charges and conditions of transport of goods and persons entering or leaving their territories based on the frontier crossed, or on the kind, ownership or flag of the means of transport employed, or on the route of or places of transhipment on the journey.

The B States particularly undertake not to establish against the ports and ships of the A States any surtax or any direct or indirect bounty for export or import by their ports or ships, or by those of another State, for example as by combined tariffs. They further undertake that persons or goods passing through a port or using a ship of an A State shall not be subjected to any formality or delay whatever to which such persons or goods would not be subjected should they pass through a port or use a ship of the B State itself or of any other State.

Article 4

All necessary administrative and technical measures shall be taken to shorten, as much as possible, the transmission of goods across the frontiers of the territories of the B States, and to ensure their forwarding and transport from such frontiers, whether such goods are coming from or going to the A States or are in transit from or to those States, 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 those territories under similar conditions of transport.

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.

Article 5

The B States undertake not to take any measures the effect of which would be to divert traffic of any kind from its normal itinerary for the benefit of their own transport routes.

Article 6

The seaports of the A States are entitled to all favours and to all reduced tariffs granted on the railways or navigable waterways of the B States for the benefit of ports of the B States or of a port of any other State.

No B State shall refuse to participate in the tariffs or combinations of tariffs intended to secure for ports of an A State advantages similar to those granted by any of the B States to the traffic of its own ports or of the ports of any other State.

Chapter II.—Navigation

section a.—freedom of navigation

Article 7

Under reserve of restrictions concerning the exercise of maritime coasting trade, the subjects, property and flags of the A States shall, in respect of charges, facilities, and in all other respects, be treated on a footing of perfect equality in the ports and on the inland navigation routes of the B States, no distinction being made to the detriment of subjects, property and flags of the A States, between the latter and the subjects, property and flags of the B State itself or of the State whose subjects, property and flag enjoy the most favourable treatment.

There shall be no impediment to the movement of persons or ships other than those arising from prescriptions concerning police, Customs, sanitation, emigration or immigration, or the importation or exportation of prohibited goods. Such reasonable and uniform prescriptions shall not unnecessarily impede traffic.

section b.—free zones in ports

Article 8

Free zones existing in ports of the B States on the 1st August, 1914, shall be maintained. These free zones, and any other free zones which may be established in the territories of the B States by the Peace Treaty shall be subject to the régime set out in the provisions of the following articles.

Goods entering or leaving a free zone shall not be subjected to any import or export duty, other than those provided for in Article 10.

Ships and goods entering a free zone may be subjected to the tolls 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 7.

Goods shall not be subjected to any other charge except a statistical duty which shall not exceed 1 per mille ad valorem, and which shall be devoted exclusively to defraying the expenses of compiling statements of the traffic in the port.

Article 9

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 8 above. 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.

Article 10

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, the B States shall not levy, under any denomination, any import, export or transit duty on goods carried by land or water across their territory to or from the free zone from or to any other State.

The B States shall draw up the necessary regulations to secure and guarantee such freedom of transit over such railways and waterways in their territory as normally give access to the free zone.

section c.—clauses relating to the elbe, the oder, the niemen (russstrom-memel-niemen), and the danube

(1) General Clauses

Article 11

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 transhipment from one vessel to another; together with lateral canals and channels 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.

The same shall apply to the Rhine-Danube navigable waterway, should such a waterway be constructed under the conditions laid down in Axticle 33A.

Article 12

On the waterways declared to be international in the preceding Article, the subjects, property and flags of all States shall be treated on a footing of perfect equality, no distinction being made to the detriment of the subjects, property and flags of any of these States between them and the subjects, property and flags of the riparian State itself, and of the State whose subjects, property and flag enjoy the most favourable treatment. Vessels of the B States, however, shall not be entitled to carry passengers or goods by regular services between the ports of a riparian A State without special authority from the latter.

Article 13

When such charges are not precluded by existing Conventions, charges varying on different sections of the rivers 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 rivers and their approaches, or to meet expenditures 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. These charges shall be levied in such a manner as to render any detailed examination of the cargoes unnecessary, except in cases of suspected fraud or contravention.

Article 14

The transit of vessels, passengers and goods on these waterways shall be effected in accordance with the general conditions prescribed for transit in Chapter I above.

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.

Article 15

No dues of any kind other than those provided for in the present regulations shall be levied along the course or at the mouth of these rivers.

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, &c.

Article 16

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.

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.

Article 17

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.

Appeal to the tribunal of the League of Nations shall not be suspensive.

Article 18

The régime set out in Articles 12 to 17 above shall be superseded by one to be laid down in a General Convention drawn up by the A States, and approved by the League of Nations, relating to the waterways recognised in such Convention as having an international character. This latter 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.

The B States undertake to adhere to the said General Convention and to all projects drawn up as set out in Article 23 below for the revision of existing international agreements and regulations.

Article 19

The B States shall cede to the A States concerned, within a maximum period of three months from the date on which notification shall be given to them, a proportion of the tugs and vessels remaining registered in the ports of the river systems referred to in Article 11 after the deduction of those surrendered by way of restitution or reparation. They shall in the same way cede material of all kinds necessary to the A States for the utilisation of those river systems.

The amount and distribution of the tugs, boats and material so ceded 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.

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.

The cessions from State to State provided for in the present article shall entail a credit of which the total amount, settled in a lump sum by the 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, Austria, Hungary, and Bulgaria; in consequence, the indemnification of proprietors shall be a matter for Germany, Austria, Hungary, and Bulgaria to deal with.

(2) Special Clauses regarding the Elbe, the Oder and the Niemen (Russstrom-Memel-Niemen)

Article 20

The Elbe (Labe) shall be under the administration of an International Commission which shall include—

• 4 representatives of the German States bordering on the river;
• 1 representative of the Tchecho-Slovak Republic;
• 1 representative of Great Britain;
• 1 representative of France;
• 1 representative of Italy;
• 1 representative of Belgium.

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. If certain of the representatives provided for above cannot be appointed at the time of the signature of the Preliminary Peace Treaty, the decisions of the Commission shall nevertheless be valid.

Article 21

The Oder (Odra) shall be under the administration of an International Commission which shall include—

• 1 representative of Poland;
• 1 representative of Prussia;
• 1 representative of the Tchecho-Slovak Republic;
• 1 representative of Great Britain;
• 1 representative of France;
• 1 representative of Denmark;
• 1 representative of Sweden.

If certain of the representatives provided for above cannot be appointed at the time of the signature of the Preliminary Peace Treaty, the decisions of the Commission shall nevertheless be valid.

Article 22

On demand 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 phall include one representative from each riparian State and three representatives of other States specified by the League of Nations.

Article 23

The International Commissions referred to in Articles 20 and 21 shall meet within three months of the date of the signature of the Preliminary Peace Treaty, and the International Commission referred to in Article 22 within three months from the date of request made by a riparian State, and shall proceed immediately to prepare a project for the revision of the existing international agreements and regulations, drawn up so as to apply the General Convention on waterways referred to in Article 18, should such Convention have been previously concluded. In the absence of such Convention, the project for revision shall be in conformity with the principles of Articles 12 to 17 herein.

Article 24

The projects referred to in the preceding Article shall, inter alia:—

(a.) designate the headquarters of the International Commission, and prescribe the manner in which its President is to be nominated;

(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 régime, the fixing and collection of charges, and regulations for navigation;

(c.) define the sections of the river or its tributaries to which the international régime shall be applied.

Article 25

The international agreements and regulations at present governing the navigation of the Elbe (Labe), the Oder (Odra), and the Niemen (Russstrom-Memel-Niemen) are provisionally maintained in force until the ratification of each of the above-mentioned projects. Never theless, in all cases where such agreements and regulations in force are in conflict with the provisions of Articles 12 to 17 above or of the General Convention to be concluded, the latter provisions shall prevail forthwith.

(3) Special Clauses Regarding the Danube

Article 26

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.

Article 27

From the point where the competence of the European Commission ceases, the Danube system included in Article 11 shall be under the administration of an International Commission composed as follows:—

• 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.

If certain of the representatives provided for above cannot be appointed at the time of the signature of the Preliminary Peace Treaty, the decisions of the Commission shall nevertheless be valid.

Article 28

The International Commission provided for in Article 27 shall meet as soon as possible after the signature of the Preliminary Peace Treaty, and shall undertake provisionally the administration of the river in conformity with the provisions of Articles 12 to 17, until such time as a-definitive statute regarding the Danube is concluded by the Powers nominated by the A States.

Article 29

The B States agree to accept the régime which shall be laid down for the Danube by a Conference of the Powers nominated by the A States, which shall meet within one year after the signature of the Preliminary Peace Treaty.

Article 30

Hungary shall deliver to the States bordering on the section of the Danube between Turnu-Severin and Moldova, within three months from the date on which notification shall be given, the equipment, buildings and installations used for carrying out and maintaining works on this section.

Article 31

The mandate given by Article 57 of the Treaty of Berlin of 13th July, 1878,⁴ to Austria-Hungary, and passed 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 any financial provisions which may be contained in the Preliminary Peace Treaty. Charges which may be necessary shall in no case be levied by Hungary.

Article 32

Should the Tchecho-Slovak Republic, Serbia 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 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.

Article 33

Germany, Austria, Hungary, Bulgaria and Turkey 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.

Article 33A

In the event of all the Allied and Associated Powers, either on the Central Commission for the Rhine or on the International Commission charged with the administration of the Upper Danube, deciding within 25 years from the coming into force of the present Treaty upon the creation of a deep-draught Rhine-Danube navigable waterway, the German Government, or the Government of the State which may have been substituted therefor, shall be bound to construct such waterway in accordance with plans to be communicated to it by the said Powers.

For this purpose the Central Commission for the Rhine shall have the right to undertake all necessary surveys.

Should the German Government or the Government of the State which may have been substituted therefor fail to carry out all or part of the works, the Central Commission for the Rhine shall be entitled to carry them out instead.

For this purpose the Commission shall be qualified to decide upon and fix the limits of the necessary sites and to occupy the ground after a period of two months after notification, subject to the payment of indemnities to be fixed by the Commission and paid by Germany.

This navigable waterway shall be placed under the same administrative régime as the Rhine itself, and the distribution of the initial cost of construction, including the above indemnities, among the States concerned, shall be made by the Central Commission for the Rhine, enlarged by the addition of a representative of each of the Allied and Associated Powers represented on the International Commission charged with the administration of the Upper Danube but not represented on the Central Commission for the Rhine.

section d.—clauses regarding the rhine and the moselle

Article 34

As from the signature of the Preliminary Peace Treaty, the Convention (and its Final Protocol) of 17th October, 1868,^4a shall continue to govern navigation on the Rhine, subject to the following reservations. The A States reserve to themselves the right to arrive at an understanding in this connection with the Netherlands Government, and Germany hereby agrees to adhere to any such understanding.

In the event of certain provisions of the above-mentioned Convention of 1868 being in conflict with those laid down by the General Convention mentioned in Article 18 above the latter provisions shall prevail. It is agreed that the Rhine shall be covered by this General Convention.

Within a maximum period of six months from the signature of the Preliminary Peace Treaty, the Central Commission referred to in Article 35 below shall meet to draw up a project of revision of the above-mentioned Convention of 1868 to be submitted to the Powers represented on the Central Commission, being guided by the provisions of the General Convention, should the same have been concluded by that time. Germany hereby undertakes to adhere to the project drawn up in the manner just described.

In addition, the alterations set out below shall be introduced forthwith into the Convention of 1868.

Article 35

The Central Commission provided for in the said Convention shall consist of nineteen members, viz.:—

• Two representatives of the Netherlands;
• Two representatives of Switzerland;
• Four representatives of German riverain States;
• Four representatives of France, which in addition shall appoint the President of the Commission;
• Two representatives of Great Britain;
• Two representatives of Italy;
• Two representatives of Belgium.

The headquarters of the Central Commission shall be at Strasburg.

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. If certain of the representatives provided for above cannot be appointed at the time of the signature of the Preliminary Peace Treaty, the decisions of the Commission shall nevertheless be valid.

Article 36

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.

None of the provisions contained in Articles 15 to 20 and 26 of the above mentioned Convention of 1868, and in Article 4 of its Final Protocol, 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.

The provisions of Article 22 of the Convention of 1868 and of Article 5 of its Final Protocol 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 Rhine regulations.

Article 37

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 stock in German navigation companies.

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.

The same procedure shall be followed in the matter of the cession of—

(1) the Installations, berthing and anchorage accommodation, platforms, docks, warehouses, plant, &c., which German subjects or German companies owned on the 1st August, 1914, in the port of Rotterdam, and

(2) the share or interests which Germany or German subjects possessed in such installations at the same date.

The amount and specifications of such deliveries 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.

The cessions provided for in the present article shall entail a credit of which the total amount, settled in a lump sum by the 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 proprietors shall be a matter for Germany to deal with.

Article 38

Subject to the obligation to comply with the provisions of the Convention of 1868 or of the Convention which may be substituted therefor, and to the stipulations of the present instrument, France shall have on the whole course of the Rhine included between the two extreme points of the French frontiers—

(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 riht;

(b) the exclusive right to the power derived from works of regulation on the river. 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 canal provided for below.

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.

To ensure the proper and faithful execution of clauses (a) and (b) above, Germany, on her own behalf and on behalf of the Grand Duchy of Baden or any State which may be substituted therefor on the right bank of the Rhine—

(i) binds herself not to undertake or to allow any lateral canal or any derivation on the right bank of the river opposite the French frontiers;

(ii) recognises the possession by France of the right of connection with and right of way on 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 conformity with such consent, France shall be entitled to decide upon and fix the limits of such sites, and she shall be permitted to occupy such lands after a period of two months after simple notification, subject to the payment by France to Germany of indemnities of which the global amount shall be fixed by the Central Commission. Germany and the Grand Duchy of Baden, or any State which may take the place of the latter, shall make it their business to indemnify the proprietors whose property will be burdened with such servitudes or permanently occupied by the works.

Should Switzerland so demand, with the approval of the Central Commission, the same rights shall be accorded to Switzerland for the part of the river forming the frontier between Switzerland and other riverain States;

(iii) shall hand over to the French Government, during the month following the signature of the Preliminary Peace 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 and of Lorraine or of the Grand Duchy of Baden.

Article 39

Subject to the preceding provisions, no works shall be carried out in the bed or on either bank of the Rhine without the previous approval of the Central Commission or of its agents.

Article 40

France reserves the option of substituting herself as regards the rights and obligations resulting from agreements arrived at between the Government of Alsace and Lorraine and the Grand Duchy of Baden concerning the works to be carried out on the Rhine; she may also, should she so desire, denounce such agreements within a term of five years dating from the signature of the Preliminary Peace Treaty.

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.

Article 41

Should the Belgian Government, within a period of 25 years from the signature of the Preliminary Peace Treaty decide to create a deep-draught Rhine-Meuse navigable waterway, in the region of Ruhrort, the German Government or the Government which may have been substituted therefor shall be bound to construct, in accordance with plans to be communicated to them by the Belgian Government, after agreement with the Central Commission, the portion of this navigable waterway situated within their territory.

The Belgian Government shall, for this purpose, have the right to carry out on the ground all necessary surveys.

Should the German Government or any Government which may have been substituted therefor 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 shall be qualified to decide upon and fix the limits of the necessary sites and to 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.

This navigable waterway shall be placed under the same administrative régime 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 of the river.

Article 42

The B States will offer no objections to any proposals of the Central Rhine Commission for extending its jurisdiction—

(1) to the Moselle below the Franco-Luxemburg frontier down to the Rhine, subject to the consent of the Government of the Grand Duchy of Luxemburg;

(2) to the Rhine above Basle up to the Lake of Constance, subject to the consent of the Government of the Swiss Confederation;

(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 mentioned in Article 18 above.

section e.—clauses giving to the tchecho-slovak republic the use of northern ports

Article 43

In the ports of Hamburg and Stettin the German Government shall lease to the Tchecho-Slovak Republic for a period of 99 years areas which shall be placed under the general régime of free zones for the direct transit of goods coming from or going to the Tchecho-Slovak Republic.

Article 44

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 Tchecho-Slovak Republic and one delegate of Great Britain. These conditions shall be susceptible of revision every ten years in the same manner. Germany declares in advance that she will adhere to the decisions so taken.

Chapter III.—Railways

section a.—clauses relating to international transport

Article 45

Goods coming from the A countries and going to the B countries, or in transit through territories of the latter from or to the A countries, shall enjoy on the railways of the B countries, 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 lines on such territories, 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 A States, to goods specially designated by such A States coming from territories of the B States and going to the country or countries making the request.

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 A States shall require it from one of the B States.

However, without prejudice to the provisions of Article 6, the B States undertake to maintain on their own lines the régime of tariffs existing before the war as regards traffic to Adriatic and Black Sea ports, from the point of view of competition with North German ports.

Article 46

From the date of bringing 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 the 14th October, 1890,⁵ the 20th September, 1893,⁶ the 16th July, 1895,⁷ the 16th June, 1898,⁸ and the 19th September, 1906,⁹ regarding the transportation of goods by rail.

If within five years from the date of the coming into force of this Treaty a new Convention for the transportation of passengers, luggage and goods by rail shall have been concluded to replace the Berne Convention of the 14th October, 1890, and subsequent additions referred to above, this new Convention and the supplementary provisions for international transport by railway which may be laid down on the basis of such Convention shall bind the B States even if the B States 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, the B States shall conform to the provisions of the Berne Convention and subsequent additions referred to above and to the current supplementary provisions.

Article 47

The B States shall be bound to co-operate in the establishment of through ticket services (for passengers and their luggage) which shall be designated by the A States, to ensure communication by rail of the A countries with each other and with all other countries by transit across territories of the B States; in particular they shall, for this purpose, accept trains and carriages transmitted to them by the A countries and shall forward them with a speed at least equal to that of their best trains on the same lines. The rates applicable to such through services shall not in any case be higher than the rates collected on internal services of the B countries for the same distance, under the same conditions of speed and comfort.

The tariffs applicable under the same conditions of speed and comfort to the transportation of emigrants going to or coming from ports of the A countries, using the railways of the B countries, 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.

Article 48

The B States shall not apply specially to such through services or to the transportation of emigrants going to or coming from ports of the A countries any technical, fiscal or administrative measures, including measures of customs examination, general police, sanitary police, and control, the result of which would be to impede or delay such transportation services.

Article 49

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.

section b.—rolling stock

Article 50

The B States undertake that their wagons shall be fitted with apparatus allowing of their inclusion in goods trains on the lines of such of the A countries as are parties to the Berne Convention, without hampering the action of the continuous brake which may be adopted within ten years of the coming into force of this Treaty in such countries, and allowing also of the acceptance of wagons of such A countries in all goods trains on the lines of the B countries.

The rolling stock of the A countries shall enjoy on the lines of the B countries the same treatment as that of the B countries as regards movement, upkeep and repairs.

section c.—cessions of railway lines

Article 51

Subject to the settlements made in the definitive Peace Treaty concerning the cession of ports, waterways and railways situated in a territory the sovereignty of which is withdrawn from a B State, and subject to the financial conditions relating to the expropriation of the concessionaires and the pensioning of the personnel, the following stipulations as regards railways in such territories are hereby made:—

1. The works and installations of all the railroads shall be handed over complete and in good condition.

2. When a railway system possessing its own rolling stock is handed over in its entirety by a B State to an A State, such stock shall be handed over to the A State complete in accordance with the last inventory preceding the armistice, and in a normal state of upkeep.

3. As regards lines without any special rolling stock, Commissions of experts designated by the A States, on which the B States concerned shall be represented, shall fix the proportion of the stock existing on the system to which those lines belong to be handed over, regard being had to the amount of the material registered on those lines in the last inventory before the armistice, to the length of track (sidings included), to the nature and to the 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 workshops of the B States.

4. Stocks of stores, fittings and plant shall be handed over under the same conditions as the rolling stock.

The provisions of paragraphs 3 and 4 above shall be applied to the lines of former Russian Poland converted by the Germans to the German gauge, such lines being regarded as detached from the Prussian State System.

Article 52

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 elsewhere in this 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 this convention, the points of difference shall be decided by commissions of experts composed as provided in the preceding article.

section d.—provisions regarding certain railway lines

Article 53

In the absence of special agreements the B States shall be bound to allow the construction or improvement of lines and connections situated on their territories which might be needed for the establishment of good through services or for the improvement of communication between the A countries and any other country, should the A country within a period of 25 years so require, undertaking at the same time to defray the initial cost of construction.

Reservation is made as regards payment of the initial cost of construction in the case of the new trans-alpine lines of the Col de Reschen and the Pas de Predil, of the improvement of the Bratislava (Pressburg)—Nagy-Kanisza line, and of other lines specified in the provisions supplementing this Treaty as having to be constructed or improved on the basis of the division of expenses in proportion to the advantages derived by the interested States. Such division, in the absence of agreement, shall be made by an arbitrator appointed by the League of Nations.

Article 54

Germany undertakes to accept within ten years of the coming into force of this Treaty, on request being made by the Swiss Government, after agreement with the Italian Government, the denunciation of the International Convention of the 13th October, 1909, relative to the St. Gothard Railway.¹⁰ In the absence of agreement as to the conditions of such denunciation Germany agrees to accept the decision of an arbitrator designated by the United States of America.

Article 55

In view of the importance to the Tchecho-Slovak Republic of free communication between that State and the Adriatic, the B States recognise the right of the Tchecho-Slovak Republic to run its own trains over the sections included within the B States of the following lines:—

(1) from Bratislava (Pressburg) towards Fiume viâ Mura Keresztur, and a branch from Mura Keresztur towards Pragerhof;

(2) from Budejovic (Budweiss) towards Trieste viâ Linz, S. Michael, Klagenfurt, and Assling, and the branch from Klagenfurt towards Tarvisio.

On the application of either party, the route to be followed by the Tchecho-Slovakian trains may be modified either permanently or temporarily by mutual agreement between the Tchecho-Slovakian Railway Administration and those of the B States.

Article 56

The trains for which the running powers are used shall not engage in local traffic, except by agreement between the territorial State and the Tchecho-Slovak Republic.

Such running powers will include, in particular, the right to establish running sheds with small shops for minor repairs to locomotives and rolling stock, and to appoint representatives where necessary to supervise the working of Tchecho-Slovakian trains.

Article 57

The technical, administrative and financial conditions under which the rights of the Tchecho-Slovak Republic shall be exercised shall be laid down in a Convention between the Railway Administration of the Tchecho-Slovak Republic and the Railway Administrations of the systems concerned of the B States. If the Administrations cannot come to an agreement on the terms of this Convention, the points of difference shall be decided by an arbitrator nominated by Great Britain, and his decisions shall be binding on all parties.

Article 58

In the event of disagreement as to the interpretation of the Convention or of difficulties arising unprovided for in the Convention, the same form of arbitration will be adopted until such time as the League of Nations may lay down some other procedure.

section e.—transitory provisions

Article 59

The B States shall carry out the instructions given them, in regard to transport, by an authorised body acting on behalf of the A States:—

1. for the carriage of troops under the provisions of the clauses of the Preliminary Peace Treaty, and of material, ammunition and supplies for army use;

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.

Chapter IV.—Disputes and Revision

Article 60

Disputes which may arise between interested States with regard to the interpretation and application of the preceding articles shall be settled in accordance with provisions which may be laid down by the League of Nations.

Article 61

At any time the League of Nations may recommend the revision of such of these articles as relate to a permanent administrative régime.

Article 61A

The stipulations in Articles 1 to 10, 12, 45, 47 to 49 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 this Treaty.

Failing such revision, no A State can claim after the expiration of this term of five years the benefit of any of the stipulations contained in the articles enumerated above, on behalf of any portion of its territories in which reciprocity is not accorded in respect of such stipulation. The period of five years for the application of reciprocity may be prolonged by the Council of the League of Nations.

Article 61B

Without prejudice to the special obligations imposed in this Treaty on the B States for the benefit of the A States, the B States undertake to subscribe to any General Conventions regarding the international régime of transit, waterways, ports, or railways which may be concluded by the A States with the approval of the League of Nations within five years of the coming into force of this Treaty.

1. The appendix referred to here does not accompany the file copy of the minutes. The report under consideration at this meeting, reproduced as the appendix to the minutes, is filed separately under Paris Peace Conf. 181.1502/5.
2. Convention concerning Rhine navigation signed at Mannheim, October 17, 1868, British and Foreign State Papers, vol. lix, p. 470.
3. See annex 5 to protocol of plenary session of January 25, 1919, vol. iii, p. 203.
4. See, however, the second paragraph of the Supplementary Report of 25th April (page 6). [Footnote in the original. For the supplementary report of April 25, see infra.]
5. The amendments in question are incorporated in the text of the Articles as printed on pages 9–22. [Footnote in the original. For the text of the articles, see infra.]
6. Article 33A (and final paragraph of Article 11.) [Footnote in the original.]
7. Article 61B. [Footnote in the original.]
8. Article 61A. [Footnote in the original.]
9. The amendments in question are incorporated in the text of the Articles as printed on pages 9–22. [Footnote in the original.]
4. Foreign Relations, 1878, pp. 895, 906.
5. British and Foreign State Papers, vol. lix, p. 470.
5. British and Foreign State Papers, vol. lxxxii, p. 771.
6. Ibid., vol. lxxxv, p. 750.
7. Ibid., vol. lxxxvii. p. 806.
8. Ibid., vol. xcii, p. 433.
9. Archives diplomatiques, recueil mensuel de diplomatic, d’histoire et de droit international (Paris, 1909), 3° série, vol. cx, p. 137.
10. British and Foreign State Papers, vol. cv, p. 639.