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Chapter I.—Clauses relating to international transport (Art. 365 to 369)

Article 365.

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.

International tariffs established in accordance with the rates referred to in the preceding paragraph and involving through way-bills shall be established when one of the Allied and Associated Powers shall require it from Germany.

Note to XII, 365

The Belgian, French, and Italian Governments authorized the Reparation Commission to notify Germany, on May 17, 1921, that reparation merchandise was not to be charged with heavier transport rates than the cheapest schedules called for by this article.

On July 3, 1924 the Conference of Ambassadors approved conclusions of a British memorandum which found that Germany had [Page 681]violated articles 323 and 325 with respect to its treatment of goods in transit to or coming from territories of the Allied and Associated Powers as this treatment was specified under articles 321 and 365.

Article 366.

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.

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, 1890, 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.

Note to XII, 366

Three international conferences of European states on the unification of law concerning railroad transportation were held at Bern under the auspices of the Swiss Government on May 13–June 4, 1878, September 2–October 10, 1881 and July 5–17, 1886. Following the second of those meetings a series of similar conferences on the technical unification of railroads was held also at Bern in October 1882, May 10–15,1886, and May 6–18, 1907; they elaborated the conventions noticed in article 282, (3) and (4), of this treaty. The 1886 conference on railroad transportation prepared a convention which was remitted to the governments for study with a view to adapting their administrative systems to its principles. The international convention on the transportation of goods by rail was signed at a special meeting on October 14, 1890 (82 British and Foreign State Papers, p. 771). Following a technical conference held at Bern June 5–12, 1893, an additional declaration was [Page 682]signed at Bern on September 20, 1893 (85 ibid., p. 750; Recueil des traités de la France, xx, 63).

The subsequent instruments referred to are the additional arrangement signed at Bern July 16, 1895 (87 British and Foreign State Papers, p. 806); the additional convention signed at Paris June 16, 1898 (92 ibid., p. 433), and the second additional convention signed at Bern September 19, 1906 (Martens, Nouveau reuveu général de traités, 3e série, iii, 920).

In execution of the second paragraph of article 366 a draft convention was elaborated at Bern June 8, 1923.

The second General Conference of the Organization for Communications and Transit of the League of Nations opened for signature the international convention and statute on the international regime of railways on December 9, 1923, which entered into force on March 23, 1926 (47 League of Nations Treaty Series, p. 55).

The Bern draft of 1923 was signed as the convention on the transport of goods by rail at Bern on October 23, 1924 by 25 states and entered into force on October 1, 1928 (77 ibid., p. 367). It completely superseded the earlier instruments and established the Central Office for International Transport by Rail.

The international convention concerning the transport of passengers and baggage by rail was also concluded at Bern on October 23, 1924 between 25 European governments and entered into force from October 1, 1928 (78 League of Nations Treaty Series, p. 17). It utilizes the Central Office for International Transport by Rail.

Article 367.

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.

The tariffs applicable under the same conditions of speed and comfort to the transportation of emigrants going to or coming from [Page 683]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.

Article 368.

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.

Article 369.

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.