Foreign Relations of the United States: Diplomatic Papers, 1944, General: Economic and Social Matters, Volume II

840.70/1–945

Draft Agreement (EIT/26) Concerning Establishment of a European Central Inland Transport Organization²¹

London, December 9, 1944

Whereas, upon the liberation of any territories of the United Nations in Europe, and upon the occupation of any enemy territories in Europe, it is expedient for the fulfilment of the common military needs of the United Nations and in the interests of the social and economic progress of Europe, to provide for co-ordination both in the control of traffic and in the allocation of transport equipment and material with a view to ensuring the rapid movement of supplies both for military forces and the civil population and the speedy repatriation of displaced persons, and also with a view to creating conditions in which the normal movement of traffic can be more rapidly resumed;

The Governments whose duly authorised representatives have subscribed hereto;

Have agreed as follows:—

Article I

There is hereby established the European Central Inland Transport Organisation, hereinafter called “the Organisation”. The Organisation is established as a co-ordinating and consultative organ. It shall co-ordinate efforts to utilise all means of transport for the successful completion of the war and for the improvement of transport communications so as to provide for the restoration of normal conditions of economic life. It shall also provide assistance to the Allied Commanders-in-Chief during the war and to the Occupation Authorities set up by Governments of the United Nations during the first period after the war to maintain the carrying capacity of transport.

Article II—Membership

The members of the Organisation shall be the Governments signatory hereto and such other Governments as may be admitted thereto by the Council.

Article III—Constitution

1. The Organisation shall consist of a Council and an Executive Board with the necessary headquarters, regional and local staff.

The Council

2. Each member Government shall name one representative and such alternates as may be necessary upon the Council. The Council shall, for each of its sessions, select one of its members to preside at the session. The Council shall determine its own rules of procedure. Unless otherwise provided in this Agreement or by action of the Council, the Council shall vote by simple majority.

3. The Council shall be convened in regular session not less than twice a year by the Executive Board. It may be convened in special session whenever the Executive Board shall deem necessary and shall be convened within thirty days after request therefore by one-third of the members of the Council.

4. The Council shall perform the functions assigned to it under this Agreement and review the work of the Organisation generally to ensure its conformity with the broad policies determined by the Council.

The Executive Board

5. The Executive Board shall consist of seven members who shall be appointed by the Council and shall include one member nominated by each of the Governments of the French Republic, of the Union of Soviet Socialist Republics, of the United Kingdom, and of the United States of America. Each member of the Executive Board shall be provided with a deputy similarly nominated and appointed. The members and their deputies shall be appointed for not longer than one year. The Executive Board shall choose its own Chairman, subject to confirmation by the Council.

6. The Executive Board shall perform the executive functions assigned to the Organisation within the framework of the broad policies determined by the Council. It shall act in accordance with the ruling of the majority of its members. It shall present to the Council such reports on its performance of its functions as the Council may require.

7. The Executive Board shall delegate to a chief officer the direction of the technical and administrative work of the Organisation, subject to its general supervision and in conformity with the broad policies determined by the Council. This officer shall appoint the staff at headquarters, regional and local offices, subject to the approval of the Executive Board, taking into account the exigencies of the various branches of transport concerned. The responsibilities of the chief officer and staff shall be exclusively international in character.

8. Each member Government may appoint a representative for purposes of consultation and communication with the Executive Board. Such representatives shall be fully informed by the Board of all activities of the Organisation. Each time that any important question is discussed concerning the interests of a member Government, its representative shall be entitled to take part in the discussion without right of vote.

Article IV

1. The Organisation shall have power to perform any legal act appropriate to its object and purposes, including the power to acquire, hold and convey property, to enter into contracts and undertake obligations, to designate or create subordinate organs and to review their activity. The Organisation shall not however have power to own transport equipment and material, except with the unanimous consent of the Council.

2. These powers are vested in the Council. Subject to the provisions of paragraph 2 of Article V, the Council may delegate such of these powers as it may deem necessary to the Executive Board, including the power of subdelegation. The Executive Board shall be responsible to the Council for the upkeep and administration of any property owned by the Organisation.

Article V—Finance

1. The Executive Board shall submit to the Council an initial budget and from time to time such supplementary budgets as may be required, covering the administrative expenses of the Organisation. Upon approval of a budget by the Council the total amount approved shall be raised in such manner or be allocated in such proportions as may be agreed between the member Governments. Each member Government undertakes, subject to the requirements of its constitutional procedure, promptly to contribute to the Organisation in such currency or currencies as may be agreed with the Executive Board, its share of these expenses. Each member Government shall also provide such facilities as are required for the transfer of sums so contributed and held by the Organisation in that Government’s own currency into other currencies.

2. The Organisation shall not incur any expenses, other than administrative expenses, except under the authority of the Council. Proposals for such expenses shall be submitted by the Executive Board to the Council, and when approved by the Council such expenses shall be met by contributions which a member Government or Governments may agree to make or in such other manner as may be agreed between Governments.

3. Nothing in this Agreement shall require any member Government or transport administration under its authority to perform services without remuneration.

Article VI—The Scope of the Organisation

1. The Organisation shall exercise its functions in any territory in Continental Europe as soon as the member Government concerned becomes the effective authority for transport in that territory, provided that the Allied Commander-in-Chief concerned is satisfied that military necessity permits and under such conditions as he may deem necessary.

2. In respect of any territory in Continental Europe in which the Allied Commanders-in-Chief retain responsibility for the direction of the transport system, the Organisation shall on request give advice or assistance to the Allied Commanders-in-Chief, and, in consultation with the Allied Commander-in-Chief concerned, to any member Government or to other appropriate authorities of the United Nations, on any question with which it is empowered to deal under Article VII.

3. The Organisation shall treat with any Occupation Authorities set up by Governments of the United Nations in respect of any territory in Continental Europe in which such Occupation Authorities are exercising authority.

Article VII—Executive Functions of the Organisation

Introductory

1. The Organisation shall carry out thorough studies of the technical and economic conditions of transport and shall give to the Governments concerned technical advice and recommendations directed to restoring and increasing the carrying capacity of the transport systems in Continental Europe and to co-ordinating the movement of traffic of common concern on these systems.

2. In case any member Government meets with difficulties in carrying out these recommendations owing to reasons of a material and economic character, the Organisation shall investigate with the member Governments concerned means of practical help.

Information on Transport Equipment and Material

3. The Organisation shall receive and collect information concerning the requirements of transport equipment and material for Continental Europe.

Realisation of requirements for transport equipment and material

4. The Organisation shall assist the realisation of requirements of any member Government in Continental Europe for transport equipment and material.

Allocation and distribution for use of transport equipment and material

5. The Organisation shall, within the framework of the priorities determined by the appropriate authorities of the United Nations, determine the allocation or distribution for use to Governments in Continental Europe, on such conditions as it may deem necessary, of such transport equipment and material as may be made available for this purpose by the Allied Commanders-in-Chief, by Occupation Authorities, or by agencies of any one or more of the United Nations. To enable the Organisation to carry out this function effectively, it may consult with the Governments concerned on their export possibilities and import needs for transport equipment and material for Continental Europe and will receive from such Governments notification of all arrangements made in respect thereto of which they have notice.

Arrangements to make mobile transport equipment and material available

6. In cases where temporary emergency requirements of transport equipment for carrying traffic of common concern arise and normal agreements for the inter-change of mobile transport equipment are inadequate, the Organisation shall arrange with member Governments concerned to make available mobile transport equipment for the purpose of meeting such requirements. Such mobile transport equipment shall be made available under agreements made between the member Governments concerned with the assistance of the Organisation.

Restoration of transport equipment and material

7. The Organisation shall arrange, as soon as practicable, to restore to the member Government concerned transport equipment and material belonging to a member Government or to its nationals, found outside the territories under the authority of that member Government and outside its control. These arrangements shall be made in accordance with any general policies which may be determined by the appropriate authorities of the United Nations regarding restoration and restitution of property removed by the enemy. Where immediate restoration would unduly prejudice the operation of essential transport in the area, the Organisation shall work out arrangements with the Governments concerned for the temporary use of equipment pending its restoration.

Census of transport equipment and material

8. The Organisation shall at the earliest practicable time arrange through the member Governments for a census of rolling stock in Continental Europe and of such other transport equipment and material there as may appear necessary for the proper discharge of its functions.

Traffic

9. The Organisation may make such recommendations to the appropriate authorities as it deems necessary with respect to particulars of projected movements of supplies, stores or persons, having regard to the transport facilities available for the movement of such traffic.

10. The Organisation shall make recommendations to the Governments concerned in order to ensure the movement of traffic of common concern on all routes of transport in Continental Europe in accordance with the priorities determined by the appropriate authorities of the United Nations. In respect of traffic of military importance sponsored by the Allied Commanders-in-Chief, the appropriate authority for this purpose will be the Allied Commander-in-Chief concerned.

Charges

11. The Organisation may work out the unification of tariffs, terms and conditions of transport and the like, and shall recommend to the Government concerned the principles by which reasonable transport charges for traffic of common concern in Continental Europe should be fixed by them in accordance with the provisions of paragraph 9 of Article VIII. This paragraph shall not apply to military traffic under the control of the Allied Commanders-in-Chief except at their request.

Rehabilitation of transport systems

12. The Organisation may study the conditions of transport in individual countries and make recommendations to the Governments concerned as to technical measures directed to the quickest restoration of transport facilities and their most effective use, and as to the priority in which works or projects in respect of the restoration or improvement of transport facilities shall be carried out.

Operation of transport

13. While it remains the task of each member Government to provide for the efficient operation of the transport systems in Continental Europe for which it is responsible, the Organisation may exceptionally, at the request of any member Government, give any practicable assistance in the rehabilitation or operation of transport in any territory in Continental Europe under the authority of such Government on such conditions as may be agreed between such Government and the Organisation, having due regard to the rights of other member Governments.

Co-ordination of European transport

14. The Organisation shall work out, and co-ordinate common action to secure the inauguration, maintenance, modification, resumption or, where appropriate, suppression, of international arrangements for through working of railways and exchange of rolling stock of the Continental European countries for carrying out international transport, and, in particular, shall ensure a unified clearing system for traffic operations between the different countries in Continental Europe. In general, it shall promote where necessary the establishment of appropriate machinery for co-operation between railway administrations. In carrying out these functions, the Organisation shall, in accordance with any general policies which may be determined by the appropriate authorities of the United Nations, make use, to the extent practicable and with due respect for existing rights and obligations, of conventions in force between member Governments so as to obtain the greatest benefit therefrom for the fulfillment of its task in this respect.

15. The Organisation shall place its services at the disposal of member Governments and make recommendations with a view to ensuring the most efficient movement of international traffic on any waterways.

16. The Organisation shall take such steps as may be practicable through the Governments concerned to facilitate the movement across frontiers of road transport vehicles engaged in traffic of common concern.

17. The Organisation shall make recommendations to the Governments concerned designed to promote adequate co-ordination of all European transport for the fulfilment of the common military needs of the United Nations or in the interests of the social and economic progress of Europe and of the general well-being of the nations.

Relations with other agencies

18. The Organisation shall co-operate as may be required with the appropriate authorities and agencies of any one or more of the United Nations and with international organisations.

19. The Organisation shall provide all possible assistance to the Allied Commanders-in-Chief in meeting their needs for transport facilities and improving the use of these facilities for the successful fulfilment of military requirements.

20. The Organisation shall arrange for consultation through appropriate machinery with representatives of persons employed in inland transport on international questions of mutual concern to the Organisation and such representatives within the field of the Organisation’s activities.

Miscellaneous

21. The Organisation may advise the Governments concerned and any appropriate authorities of the United Nations on the priority to be given in the interests of the rehabilitation of European transport to the repatriation of displaced transport personnel and to workers required for the production, maintenance or repair of transport equipment and material.

22. The Organisation shall give all practicable assistance through the appropriate authorities to any Government concerned at its request in obtaining supplies of fuel, power and lubricants to meet the needs of traffic of common concern, in order that that Government may fulfil its obligations under paragraph 7 of Article VIII.

Article VIII—Obligations of member Governments

Information

1. Every member Government, in respect of territory which is in the field of activity of the Organisation, shall, upon request of the Organisation, provide it with such information as is essential for the performance of its functions.

Restoration of Transport Equipment and Material

2. Every member Government, in respect of territory which is in the field of activity of the Organisation, undertakes that:—

(i) it will facilitate the execution of paragraph 7 of Article VII;

(ii) it will not, except with the consent of the Organisation,

(a) seize nor make use of any transport equipment and material in Continental Europe found outside the territories under its authority, even though such equipment and material may belong to it or to any of its nationals; provided that this sub-paragraph shall not debar any member Government or any of its nationals from continuing the management of its or his own inland vessels;

(b) seize nor make use of transport equipment and material found within territory under its authority but not belonging to it or any of its nationals, provided that a member Government may make temporary use of enemy or ex-enemy transport equipment and material pending any arrangements that may be made in accordance with the provisions of paragraph 5 of Article VII and without prejudice to the ultimate disposal of such transport equipment and material by the appropriate authorities of the United Nations;

(c) seize nor make use of transport equipment and material coming within territory under its authority under arrangements made under the auspices of the Organisation for the movement of traffic of common concern.

3. The provisions of paragraph 2 of this Article shall not affect the rights of the Allied Commanders-in-Chief within any territory in respect of which the Organisation has not begun to exercise its functions under Article VII.

Census of Transport Equipment and Material

4. Every member Government undertakes to co-operate fully with the Organisation in arranging any census for which provision is made in paragraph 8 of Article VII.

Traffic

5. Every member Government undertakes to ensure by any means in its power the rapid movement of traffic of common concern in accordance with the recommendations made by the Organisation under paragraph 10 of Article VII.

6. Every member Government undertakes to provide inland vessels under its control in Continental Europe required for traffic of common concern, in accordance with

(i) the recommendations of the Organisation generally, and

(ii) if signatory to the Annex to this Agreement, in accordance with its terms.

Provision of fuel, power and lubricants

7. Every member Government shall take all measures necessary and practicable to ensure in respect of the territory in Continental Europe under its authority that adequate supplies of fuel, power and lubricants are available for traffic of common concern, provided that the Organisation has made suitable arrangements with the Government concerned.

Charges

8. Every member Government undertakes not to levy or permit the levy of customs duties or other charges, other than transport charges and admissible transit charges on traffic of common concern in transit through territories in Continental Europe under its authority. No discrimination shall be made in respect of import duties levied by any country on goods of common concern, dependent on the route the goods have travelled prior to importation in the country concerned.

9. Every member Government undertakes to secure that transport charges made within territories in Continental Europe under its authority on traffic of common concern, including such traffic in transit through such territories, shall be as low and simple and as uniform with those in other territories (to which this Agreement applies) as is practicable. Every member Government shall give the fullest consideration to recommendations made by the Organisation in accordance with paragraph 11 of Article VII and report to the Organisation on the action taken.

10. Every member Government undertakes to co-operate with the Organisation in the exercise of its functions under paragraphs 14 and 16 of Article VII.

11. Every member Government shall use its best endeavours in its relations with any other international organisations, agencies or authorities to give effect to the provisions of this Agreement.

12. Every member Government shall give the fullest consideration to any recommendations made by the Organisation in accordance with paragraphs 12, 15 and 17 of Article VII and report to the Organisation on the action taken.

13. Every member Government shall grant such facilities to members of the staff of the Organisation as are necessary to the performance by the Organisation of its functions in accordance with Article VII.

14. Every member Government shall in territory under its authority take all steps in its power to facilitate the exercise by the Organisation of any of the powers referred to in Article IV.

Article IX

The Organisation shall be related to any general international organisation to which may be entrusted the co-ordination of the activities of international organisations with specialised responsibilities.

Article X

1. The functions of the Organisation shall relate to all forms of transport by road, rail or waterway, within the territories of the Continent of Europe in which the Organisation operates, but not to seagoing shipping, except that the provisions of paragraph 10 of Article VII and paragraph 5 of Article VIII shall apply in respect of such shipping when employed in coastwise trade or on inland waterways in Continental Europe.

2. In regard to the handling of traffic in ports where sea-going vessels are discharged or loaded, the Organisation shall co-operate with the appropriate authorities of the member Government concerned and any shipping organisation set up by them to ensure—

(a) the rapid turn-round of ships;

(b) the efficient use of port facilities in the best interests of the prompt clearance of cargo of common concern.

Article XI

1. This Agreement shall come into force for each member Government on the date of signature.

2. It shall remain in force for two years from the date of the general suspension of hostilities with Germany and shall thereafter remain in force, subject to the right of any member Government, after the expiry of eighteen months from the date of such general suspension of hostilities, to give six months notice in writing to the Council of its intention to withdraw from this Agreement.

Article XII

In the event of there being any inconsistency between the provisions of this Agreement and the provisions of any agreement already existing between any of the member Governments, the provisions of this Agreement shall, as between such member Governments, be deemed to prevail, provided, however, that nothing in this Article shall be construed to prevent member Governments from entering into agreements to facilitate the working of traffic across national frontiers.

Article XIII

Until the end of the period of two years after the general suspension of hostilities with Germany, the provisions of this Agreement may be amended, suspended or terminated only by a unanimous vote of the Council. At any time after that date any provision of this Agreement may be amended, suspended or terminated by a two-thirds majority of the Council, provided that no alteration shall be made in the provisions of this Agreement so as to extend the financial liability or obligations of any member Government without that Government’s consent.

Article XIV—Definitions

1. For the purpose of this Agreement and its Annex, the definitions given in this Article have been adopted.

2. The term “inland transport” shall include all forms of transport as referred to in Article X of this Agreement.

3. The term “Continental Europe” shall mean all territories in Europe under the authority or control of member Governments, but shall not extend to territory of the United Kingdom or of the Union of Soviet Socialist Republics.

4. The term “territory under the authority of a member Government” shall be construed to mean territory in Continental Europe either in the sovereignty of a member Government or territory over which a member Government or Governments are exercising authority or control.

5. The term “transport equipment and material” shall include, so far as the Executive Board deems it necessary for the execution of the functions of the Organisation:—

(i) any items of fixed and mobile equipment, stores (other than fuel), plant and spares and accessories of all kinds specifically intended and required for use of transport undertakings, including equipment required for use in ports, whether ashore or afloat;

(ii) equipment and material specifically intended and required for the rehabilitation, maintenance or construction of roads, railways, bridges, ports and inland waterways;

(iii) major plant and tools specifically required for use in the repair of transport equipment and material for use by transport authorities.

6. The term “traffic of common concern” shall include—

(i) personnel, stores, supplies or other traffic to be moved in accordance with the requirements of the Allied Commanders-in-Chief;

(ii) displaced and other persons to be moved in accordance with the priorities determined by the appropriate United Nations authorities;

(iii) supplies of civil needs to be moved in Continental Europe in accordance with the priorities determined by the appropriate United Nations authorities;

(iv) property removed by the enemy.

7. The term “transport charges” shall include, in addition to freight or conveyance charges, any other incidental charges, such as tolls, port charges, charges for warehousing and handling goods in transit, which may affect the cost of transport.

8. The term “admissible transit charges” means dues intended solely to defray expenses of supervision and administration entailed by such transit.

9. The term “Allied Commanders-in-Chief” shall mean Commanders-in-Chief designated by the appropriate authorities of the Union of Soviet Socialist Republics, United Kingdom and United States of America for commands on the Continent of Europe.

21. Transmitted to the Department in despatch 20259, January 9, 1945, from London; received January 15. A copy of this draft received earlier in the Department as an enclosure to despatch 19765, December 9, 1944, from London, is missing from Department files.