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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.
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.
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.
Germany undertakes that German wagons shall be fitted with apparatus allowing:
(1) of their inclusion in goods trains on the lines of such of the Allied and Associated Powers as are parties to the Berne Convention of May 15, 1886, as modified on May 18, 1907, without hampering the action of the continuous brake which may be adopted in such countries within ten years of the coming into force of the present Treaty, and
(2) of the acceptance of wagons of such countries in all goods trains on the German lines.
The rolling stock of the Allied and Associated Powers shall enjoy on the German lines the same treatment as German rolling stock as regards movement, upkeep and repairs.
CHAPTER III.-CESSIONS OF RAILWAY LINES.
Subject to any special provisions concerning the cession of ports, waterways and railways situated in the territories over which Ger
many abandons her sovereignty and to the financial conditions relating to the concessionnaires and the pensioning of the personnel, the cession of railways will take place under the following conditions:
(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 Germany to one of the Allied and Associated Powers, such stock shall be handed over complete, in accordance with the last inventory before November 11, 1918, and in a normal state of upkeep.
(3) As regards lines without any special rolling-stock, Commissions of experts designated by the Allied and Associated Powers, on which Germany shall be represented, shall fix the proportion of the stock existing on the system to which those lines belong to be handed over. These Commissions shall have regard to the amount of the material registered on these lines in the last inventory before November 11, 1918, the length of track (sidings included), and the nature and amount of the traffic. These Commissions shall also specify the locomotives, carriages and wagons to be handed over in each case; they shall decide upon the conditions of their acceptance, and shall make the provisional arrangements necessary to ensure their repair in German workshops.
(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 Germany to the German gauge, such lines being regarded as detached from the Prussian State System.
Note to XII, 371
The Commission for the Division of German Rolling Stock was appointed by the Commission on Ports, Waterways and Railways of the Paris-Peace Conference in February 1920. Its work was completed by March 1923.
On December 21, 1921 the Conference of Ambassadors decided that mail cars were not to be included in the divisible rolling stock.
Rolling stock credited under this article at the close of the Reparation Commission accounts on January 20, 1930 was estimated at 270,237,842 gold marks.
CHAPTER IV.—PROVISIONS RELATING TO CERTAIN RAILWAY
When as a result of the fixing of new frontiers a railway connection between two parts of the same country crosses another country, or a branch line from one country has its terminus in another, the conditions of working, if not specifically provided for in the present Treaty, shall be laid down in a convention between the railway administrations concerned. If the administrations cannot come to an agreement as to the terms of such convention, the points of difference shall be decided by commissions of experts composed as provided in the preceding Article.
Within a period of five years from the coming into force of the present Treaty the Czecho-Slovak State may require the construction of a railway line in German territory between the stations of Schlauney and Nachod. The cost of construction shall be borne by the Czecho-Slovak State.
Text of May 7:
In the absence of any special agreements, Germany shall be bound, within a period of 25 years from the coming into force of the present Treaty, to allow, on the request of one of the Allied and Associated Powers made with the consent of the League of Nations, and accompanied by an undertaking to defray the initial cost, the construction or improvement on her territory of lines and connections which may be needed for the establishment of good through services or for the improvement of communication between the territory of the Power making the request and that of any other Power.
Nevertheless, it may be stipulated by particular provisions of the present Treaty, or of supplementary agreements, that, in the case of the construction or improvement of certain specified lines, the initial cost shall be divided among the Powers concerned in proportion to the advantages derived by them. Such division, in default of agreement between the Powers concerned, shall be made by an arbitrator appointed by the League of Nations.
Germany undertakes to accept, within ten years of the coming into force of the present Treaty, on request being made by the Swiss Government after agreement with the Italian Government, the
denunciation of the International Convention of October 13, 1909, relative to the St. Gothard railway. In the absence of agreement as to the conditions of such denunciation, Germany hereby agrees to accept the decision of an arbitrator designated by the United States of America.
Note to XII, 374
The convention signed at Bern October 13, 1909 between Germany, Italy, and Switzerland is printed at 105 British and Foreign State Papers, p. 639. It did not enter into force until October 4, 1913. An agreement between Italy and Switzerland on the same railway was signed and entered into force simultaneously with the convention.
CHAPTER V.—TRANSITORY PROVISIONS.
Germany shall carry out the instructions given her, in regard to transport, by an authorised body acting on behalf of the Allied and Associated Powers:
(1) For the carriage of troops under the provisions of the present 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.
SECTION IV.—Disputes and Revision of
Disputes which may arise between interested Powers with regard to the interpretation and application of the preceding Articles shall be settled as provided by the League of Nations.
Note to XII, 376
In addition to the provision for settlement of disputes by the Organization for Communications and Transit, the Statute of the Permanent Court of International Justice provided in article 27 for a special chamber of five judges to hear cases "relating to transit and communications, particularly cases referred to in Part XII” of the treaty of peace with Germany. The special chamber was not called upon to function.
At any time the League of Nations may recommend the revision of such of these Articles as relate to a permanent administrative régime.
The stipulations in Articles 321 to 330, 332, 365, and 367 to 369 shall be subject to revision by the Council of the League of Nations at any time after five years from the coming into force of the present Treaty.
Failing such revision, no Allied or Associated Power can claim after the expiration of the above period of five years the benefit of any of the stipulations in the Articles enumerated above on. behalf of any portion of its territories in which reciprocity is not accorded in respect of such stipulations. The period of five years during which reciprocity cannot be demanded may be prolonged by the Council of the League of Nations.
Note to XII, 378
The Council of the League of Nations took no decisions in virtue of this article. No specific revisions of the articles listed were undertaken by it, though the general conventions and statutes concluded by the sessions of the General Conference of the Organization for Communications and Transit had the effect of making some provisions inapplicable between those parties to this treaty which also ratified them.
In virtue of the second paragraph all non-reciprocal provisions as indicated ceased to have effect on January 10, 1925.
SECTION V.-Special Provision.
Without prejudice to the special obligations imposed on her by the present Treaty for the benefit of the Allied and Associated Powers, Germany undertakes to adhere to any General Conventions regarding the international régime of transit, waterways, ports or railways which may be concluded by the Allied and Associated Powers, with the approval of the League of Nations, within five years of the coming into force of the present Treaty.
Note to XII, 379
The first session of the Assembly of the League of Nations on December 9, 1920 adopted a resolution which, in part, provided: