Note to XII, 366—Continued 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 recueil général de traités, 3 série, 11, 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 It completely superseded the earlier instruments and established the Central Office for International Transport by Rail.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 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. CHAPTER II.--ROLLING-STOCK. ARTICLE 370. 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. ARTICLE 371. 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. See also article 250. CHAPTER IV.—PROVISIONS RELATING TO CERTAIN RAILWAY LINES. ARTICLE 372. 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. ARTICLE 373. 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. ARTICLE 374. 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. ARTICLE 375. 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 ARTICLE 376. 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. |