CHAPTER III.--CLAUSES RELATING TO THE ELBE, THE ODER, THE NIEMEN

(RUSSTROM-MEMEL-NIEMEN), AND THE DANUBE

(I)--_General Clauses_

=ARTICLE 331.=--The following rivers are declared international:

The Elbe (Labe) from its confluence with the Vitava (Moldau) and the Vitava (Moldau) from Prague; the Oder (Odra) from its confluence with the Oppa; the Niemen (Russtrom-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 transshipment from one vessel to another; together with lateral canals and channels constructed either to duplicate or to improve naturally navigable sections of the specified river system, 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 Article 353.

=ARTICLE 332.=--On the waterways declared to be international in the preceding article, the nationals, property and flags of all powers shall be treated on a footing of perfect equality, no distinction being made to the detriment of the nationals, property or flag of any power between them and the nationals, property or flag of the riparian State itself or of the most favored nation.

Nevertheless, German vessels shall not be entitled to carry passengers or goods by regular services between the ports of any Allied or Associated Power, without special authority from such power.

=ARTICLE 333.=--Where such charges are not precluded by any existing conventions, charges varying on different sections of a river 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 river and its approaches, or to meet expenditure incurred in the interests of navigation. The schedule of such charges shall be calculated on the basis of such expenditure and shall be posted up in the ports. These charges shall be levied in such a manner as to render any detailed examination of cargoes unnecessary, except in cases of suspected fraud or contravention.

=ARTICLE 334.=--The transit of vessels, passengers, and goods on these waterways shall be effected in accordance with the general conditions prescribed for transit in Section 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 335.=--No dues of any kind other than those provided for in the present part 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 336.=--In default of any special organization 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 insure 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 337.=--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, waterpower, 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 be one, shall be given priority over the requirements of navigation.

Appeal to the tribunal of the League of Nations does not require the suspension of the works.

=ARTICLE 338.=--The régime set out in Articles 332 to 337 above shall be superseded by one to be laid down in a General Convention drawn up by the Allied and Associated Powers, and approved by the League of Nations, relating to the waterways recognized in such Convention as having an international character. This 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 (Russtrom-Memel-Niemen), and the Danube, and such other parts of these river systems as may be covered by a general definition.

Germany undertakes, in accordance with the provisions of Article 379, to adhere to the said General Convention as well as to all projects prepared in accordance with Article 343 below for the revision of existing international agreements and regulations.

=ARTICLE 339.=--Germany shall cede to the Allied and Associated Powers concerned, within a maximum period of three months from the date on which notification shall be given her, a proportion of the tugs and vessels remaining registered in the ports of the river systems referred to in Article 331 after the deduction of those surrendered by way of restitution or reparation. Germany shall in the same way cede material of all kinds necessary to the Allied and Associated Powers concerned for the utilization of those river systems.

The number of the tugs and boats and the amount of the material so ceded, and their distribution, 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 provided for in the present article shall entail a credit of which the total amount, settled in a lump sum by the arbitrator or 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; in consequence, the indemnification of the proprietors shall be a matter for Germany to deal with.

(2) _Special Clauses Relating to the Elbe, the Oder, and the Niemen (Russtrom-Memel-Niemen)_

=ARTICLE 340.=--The Elbe (Labe) shall be placed under the administration of an International Commission which shall comprise:

4 representatives of the German States bordering on the river; 2 representatives of the Czechoslovak State; 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 these representatives cannot be appointed at the time of the coming into force of the present treaty, the decisions of the commission shall nevertheless be valid.

=ARTICLE 341.=--The Oder (Odra) shall be placed under the administration of an International Commission, which shall comprise:

1 representative of Poland; 3 representatives of Prussia; 1 representative of the Czechoslovak State; 1 representative of Great Britain; 1 representative of France; 1 representative of Denmark; 1 representative of Sweden.

If certain of these representatives cannot be appointed at the time of the coming into force of the present treaty, the decisions of the commission shall nevertheless be valid.

=ARTICLE 342.=--On a request being made to the League of Nations by any riparian State, the Niemen (Russtrom-Memel-Niemen) shall be placed under the administration of an International Commission, which shall comprise one representative of each riparian State, and three representatives of other States specified by the League of Nations.

=ARTICLE 343.=--The International Commissions referred to in Articles 340 and 341 shall meet within three months of the date of the coming into force of the present treaty, The International Commission referred to in Article 342 shall meet within three months from the date of the request made by a riparian State. Each of these commissions shall proceed immediately to prepare a project for the revision of the existing international agreements and regulations, drawn up in conformity with the General Convention referred to in Article 338, should such convention have been already concluded. In the absence of such convention, the project for revision shall be in conformity with the principles of Articles 332 to 337, above.

=ARTICLE 344.=--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 345.=--The international agreements and regulations at present governing the navigation of the Elbe (Labe), the Oder (Odra), and the Niemen (Russtrom-Memel-Niemen) shall be provisionally maintained in force until the ratification of the above-mentioned projects. Nevertheless, in all cases where such agreements and regulations in force are in conflict with the provisions of Articles 332 to 337 above, or of the General Convention to be concluded, the latter provisions shall prevail.

(3) _Special Clauses Relating to the Danube_

=ARTICLE 346.=--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 Rumania shall constitute this commission.

=ARTICLE 347.=--From the point where the competence of the European Commission ceases, the Danube system referred to in Article 331 shall be placed 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 these representatives cannot be appointed at the time of the coming into force of the present treaty, the decisions of the commission shall nevertheless be valid.

=ARTICLE 348.=--The International Commission provided for in the preceding article shall meet as soon as possible after the coming into force of the present treaty, and shall undertake provisionally the administration of the river in conformity with the provisions of Articles 332 to 337, until such time as a definitive statute regarding the Danube is concluded by the powers nominated by the Allied and Associated Powers.

=ARTICLE 349.=--Germany agrees to accept the régime which shall be laid down for the Danube by a conference of the powers nominated by the Allied and Associated Powers, which shall meet within one year after the coming into force of the present treaty, and at which German representatives may be present.

=ARTICLE 350.=--The mandate given by Article 57 of the Treaty of Berlin of the 13th July, 1878, to Austria-Hungary, and transferred by her to Hungary, to carry out works at the Iron Gates, is abrogated. The commission intrusted with the administration of this part of the river shall lay down provisions for the settlement of accounts subject to the financial provisions of the present treaty. Charges which may be necessary shall in no case be levied by Hungary.

=ARTICLE 351.=--Should the Czechoslovak State, the Serb-Croat-Slovene State, or Rumania, with the authorization of or under mandate from the International Commission undertake maintenance, improvement, weir or other works on a part of the river system 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 352.=--Germany 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 353.=--Should a deep-draught Rhine-Danube navigable waterway be constructed, Germany undertakes to apply thereto the régime prescribed in Articles 332 to 338.