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Germany,
recognising that the Treaties of April 19, 1839, which established
the status of Belgium before the war, no longer conform to the
requirements of the situation, consents to the abrogation of the
said Treaties and undertakes immediately to recognise and to observe
whatever conventions may be entered into by the Principal Allied and
Associated Powers, or by any of them, in concert with the
Governments of Belgium and of the Netherlands, to replace the said
Treaties of 1839. If her formal adhesions should be required to such
conventions or to any of their stipulations, Germany undertakes
immediately to give it.
Germany
recognises the full sovereignty of Belgium over the whole of the
contested territory of Moresnet (called Moresnet neutre).
Germany
renounces in favour of Belgium all rights and title over the
territory of Prussian Moresnet situated on the west of the road from
Liege to Aix-la-Chapelle; the road will belong to Belgium where it
bounds this territory.
Germany
renounces in favour of Belgium all rights and title over the
territory comprising the whole of the Kreise of Eupen and of Malmedy.
During the six months after the coming into force of this Treaty,
registers will be opened by the Belgian authority at Eupen and
Malmedy in which the inhabitants of the above territory will be
entitled to record in writing a desire to see the whole or part of
it remain under German sovereignty. The results of this public
expression of opinion will be communicated by the Belgian Government
to the League of Nations, and Belgium undertakes to accept the
decision of the League.
A
Commission of seven persons, five of whom will be appointed by the
Principal Allied and Associated Powers, one by Germany and one by
Belgium, will be set up fifteen days after the coming into force of
the present Treaty to settle on the spot the new frontier line
between Belgium and Germany, taking into account the economic
factors and the means of communication. Decisions will be taken by a
majority and will be binding on the parties concerned.
When
the transfer of the sovereignty over the territories referred to
above has become definite, German nationals habitually resident in
the territories will definitively acquire Belgian nationality ipso
facto, and will lose their German nationality. Nevertheless, German
nationals who became resident in the territories after August 1,
1914, shall not obtain Belgian nationality without a permit from the
Belgian Government.
Within
the two years following the definitive transfer of the sovereignty
over the territories assigned to Belgium under the present Treaty,
German nationals over 18 years of age habitually resident in those
territories will be entitled to opt for German nationality. Option
by a husband will cover his wife, and option by parents will cover
their children under 18 years of age. Persons who have exercised the
above right to opt must within the ensuing twelve months transfer
their place of residence to Germany. They will be entitled to retain
their immovable property in the territories acquired by Belgium.
They may carry with them their movable property of every
description. No export or import duties may be imposed upon them in
connection with the removal of such property.
The
German Government will hand over without delay to the Belgian
Government the archives, registers, plans, title deeds and documents
of every kind concerning the civil, military, financial, judicial or
other administrations in the territory transferred to Belgian
sovereignty. The German Government will likewise restore to the
Belgian Government the archives and documents of every kind carried
off during the war by the German authorities from the Belgian public
administrations, in particular from the Ministry of Foreign Affairs
at Brussels.
The
proportion and nature of the financial liabilities of Germany and of
Prussia with Belgium will have to bear on account of the territories
ceded to her shall be fixed in conformity with Articles 254 and 256
of Part IX (Financial Clauses) of the present Treaty.
With
regard to the Grand Duchy of Luxemburg, Germany renounces the
benefit of all the provisions inserted in her favour in the Treaties
of February 8, 1842, April 2, 1847, October 20-25, 1865, August 18,
1866, February 21 and May 11, 1867, May 10, 1871, June 11, 1872, and
November 11, 1902, and in all Conventions consequent upon such
Treaties. Germany recognises that the Grand Duchy of Luxemburg
ceased to form part of the German Zollverein as from January 1,
1919, renounces all rights to the exploitation of the railways,
adheres to the termination of the regime of neutrality of the Grand
Duchy, and accepts in advance all international arrangements which
may be concluded by the Allied and Associated Powers relating to the
Grand Duchy.
Germany
undertakes to grant to the Grand Duchy of Luxemburg, when a demand
to that effect is made to her by the Principal Allied and Associated
Powers, the rights and advantages stipulated in favour of such
Powers or their nationals in the present Treaty with regard to
economic questions, to questions relative to transport and to aerial
navigation.
Germany
is forbidden to maintain or construct any fortifications either on
the left bank of the Rhine or on the right bank to the west of a
line drawn 50 kilometres to the East of the Rhine.
In
the area defined above the maintenance and the assembly of armed
forces, either permanently or temporarily, and military maneuvers of
any kind, as well as the upkeep of all permanent works for
mobilization, are in the same way forbidden.
In
case Germany violates in any manner whatever the provisions of
Articles 42 and 43, she shall be regarded as committing a hostile
act against the Powers signatory of the present Treaty and as
calculated to disturb the peace of the world.
As
compensation for the destruction of the coal-mines in the north of
France and as part payment towards the total reparation due from
Germany for the damage resulting from the war, Germany cedes to
France in full and absolute possession, with exclusive rights of
exploitation, unencumbered and free from all debts and charges of
any kind, the coal-mines situated in the Saar Basin as defined in
Article 48.
In
order to assure the rights and welfare of the population and to
guarantee to France complete freedom in working the mines, Germany
agrees to the provisions of Chapters I and II of the Annex hereto.
In
order to make in due time permanent provision for the government of
the Saar Basin in accordance with the wishes of the populations,
France and Germany agree to the provisions of Chapter III of the
Annex hereto.
The
boundaries of the territory of the Saar Basin, as dealt with in the
present stipulations, will be fixed as follows: On the south and
south-west: by the frontier of France as fixed by the present
Treaty. On the north-west and north: by a line following the
northern administrative boundary of the Kreis of Merzig from the
point where it leaves the French frontier to the point where it
meets the administrative boundary separating the commune of
Saarholzbach from the commune of Britten; following this communal
boundary southwards and reaching the administrative boundary of the
canton of Merzig so as to include in the territory of the Saar Basin
the canton of Mettlach, with the exception of the commune of Britten;
following successively the northern boundaries of the cantons of
Merzig and Haustedt, which are incorporated in the aforesaid Saar
Basin, then successively the administrative boundaries separating
the Kreise of Sarrelouis, Ottweiler, and Saint-Wendel from the
Kreise of Merzig, Treves (Trier), and the Principality of Birkenfeld
as far as a point situated about 500 metres north of the village of
Furschweiler (viz., the highest point of the Metzelberg). On the
north-east and east: from the last point defined above to a point
about 3 1/2 kilometres east-north-east of Saint-Wendel: a line to be
fixed on the ground passing east of Furschweiler, west of Roschberg,
east of points 418, 329 (south of Roschberg) west of Leitersweiler,
north-east of point 464, and following the line of the crest
southwards to its junction with the administrative boundary of the
Kreis of Kusel
thence
in a southerly direction the boundary of the Kreis of Kusel, then
the boundary of the Kreis of Homburg towards the south-south-east to
a point situated about 1000 metres west of Dunzweiler; thence to a
point about 1 kilometre south of Hornbach- a line to be fixed on the
ground passing through point 424 (about 1000 metres south-east of
Dunzweiler), point 363 (Fuchs-Berg), point 322 (south-west of
Waldmohr), then east of Jagersburg and Erbach, then encircling
Homburg, passing through the points 361 (about 2-1/2 kilometres
north-east by east of that town), 342 (about 2 kilometres south-east
of that town), 347 (Schreiners-Berg), 356, 350 (about 1-1/2
kilometres south-east of Schwarzenbach), then passing east of Einod,
south-east of points 322 and 333, about 2 kilometres east of
Webenheim, about 2 kilometres east of Mimbach, passing east of the
plateau which is traversed by the road from Mimbach to Bockweiler
(so as to include this road in the territory of the Saar Basin),
passing immediately north of the junction of the roads from
Bockweiler and Altheim situated about 2 kilometres north of Altheim,
then passing south of Ringweilerhof and north of point 322,
rejoining the frontier of France at the angle which it makes about 1
kilometre south of Hornbach (see Map No. 2 scale 1/100,000 annexed
to the present treaty). [See Introduction ]
A
Commission composed of five members, one appointed by France, one by
Germany, and three by the Council of the League of Nations, which
will select nationals of other Powers, will be constituted within
fifteen days from the coming into force of the present Treaty, to
trace on the spot the frontier line described above.
In
those parts of the preceding line which do not coincide with
administrative boundaries, the Commission will endeavour to keep to
the line indicated, while taking into consideration, so far as is
possible, local economic interests and existing communal boundaries.
The
decisions of this Commission will be taken by a majority, and will
be binding on the parties concerned.
Germany
renounces in favour of the League of Nations, in the capacity of
trustee, the government of the territory defined above.
At
the end of fifteen years from the coming into force of the present
Treaty the inhabitants of the said territory shall be called upon to
indicate the sovereignty under which they desire to be placed.
The
stipulations under which the cession of the mines in the Saar Basin
shall be carried out, together with the measures intended to
guarantee the rights and the well-being of the inhabitants and the
government of the territory, as well as the conditions in accordance
with which the plebiscite herein before provided for is to be made,
are laid down in the Annex hereto. This Annex shall be considered as
an integral part of the present Treaty, and Germany declares her
adherence to it.
In
accordance with the provisions of Articles 45 to 50 of the present
Treaty, the stipulations under which the cession by Germany to
France of the mines of the Saar Basin will be effected, as well as
the measures intended to ensure respect for the rights and
well-being of the population and the government of the territory,
and the conditions in which the inhabitants will be called upon to
indicate the sovereignty under which they may wish to be placed,
have been laid down as follows:
From
the date of the coming into force of the present Treaty, all the
deposits of coal situated within the Saar Basin as defined in
Article 48 of the said Treaty, become the complete and absolute
property of the French State.
The
French State will have the right of working or not working the said
mines, or of transferring to a third party the right of working
them, without having to obtain any previous authorisation or to
fulfil any formalities.
The
French State may always require that the German mining laws and
regulations referred to below shall be applied in order to ensure
the determination of its rights.
2.
The
right of ownership of the French State will apply not only to the
deposits which are free and for which concessions have not yet been
granted, but also to the deposits for which concessions have already
been granted, whoever may be the present proprietors, irrespective
of whether they belong to the Prussian State, to the Bavarian State,
to other States or bodies, to companies or to individuals, whether
they have been worked or not, or whether a right of exploitation
distinct from the right of the owners of the surface of the soil has
or has not been recognised.
3.
As
far as concerns the mines which are being worked, the transfer of
the ownership to the French State will apply to all the accessories
and subsidiaries of the said mines, in particular to their plant and
equipment both on and below the surface to their extracting
machinery, their plants for transforming coal into electric power,
coke and by-products, their workshops means of communication,
electric lines, plant for catching and distributing water, land,
buildings such as offices, managers, employees, and workmen's
dwellings, schools, hospitals and dispensaries, their stocks and
supplies of every description, their archives and plans, and in
general everything which those who own or exploit the mines possess
or enjoy for the purpose of exploiting the mines and their
accessories and subsidiaries.
The
transfer will apply also to the debts owing for products delivered
before the entry into possession by the French State and after the
signature of the present Treaty, and to deposits of money made by
customers, whose rights will be guaranteed by the French State.
4.
The
French State will acquire the property free and clear of all debts
and charges. Nevertheless, the rights acquired, or in course of
being acquired, by the employees of the mines and their accessories
and subsidiaries at the date of the coming into force of the present
Treaty, in connection with pensions for old age or disability, will
not be affected. In return, Germany must pay over to the French
State a sum representing the actuarial amounts to which the said
employees are entitled.
5.
The
value of the property thus ceded to the French State will be
determined by the Reparation Commission referred to in Article 233
of Part VIII (Reparation) of the present Treaty.
This
value shall be credited to Germany in part payment of the amount due
for reparation. It will be for Germany to indemnify the proprietors
or parties concerned, whoever they may be.
6.
No
tariff shall be established on the German railways and canals which
may directly or indirectly discriminate to the prejudice of the
transport of the personnel or products of the mines and their
accessories or subsidiaries, or of the material necessary to their
exploitation. Such transport shall enjoy all the rights and
privileges which any international railway conventions may .
guarantee to similar products of French origin.
7.
The
equipment and personnel necessary to ensure the despatch and
transport of the products of the mines and their accessories and
subsidiaries, as well as the carriage of workmen and employees, will
be provided by the local railway administration of the Basin.
8.
No
obstacle shall be placed in the way of such improvements of railways
or waterways as the French State may judge necessary to assure the
despatch and the transport of the products of the mines and their
accessories and subsidiaries, such as double trackage, enlargement
of stations, and construction of yards and appurtenances. The
distribution of expenses will, in the event of disagreement, be
submitted to arbitration.
The
French State may also establish any new means of communication, such
as roads, electric lines, and telephone connections which it may
consider necessary for the exploitation of the mines it may exploit
freely and without any restrictions the means of communication of
which it may become the owner, particularly those connecting the
mines and their accessories and subsidiaries with the means of
communication situated in French territory.
9.
The
French State shall always be entitled to demand the application of
the German mining laws and regulations in force on November 11,
1918, excepting provisions adopted exclusively in view of the state
of war, with a view to the acquisition of such land as it may judge
necessary for the exploitation of the mines and their accessories
and subsidiaries.
The
payment for damage caused to immovable property by the working of
the said mines and their accessories and subsidiaries shall be made
in accordance with the German mining laws and regulations above
referred to.
10.
Every
person whom the French State may substitute for itself as regards
the whole or part of its rights to the exploitation of the mines and
their accessories and subsidiaries shall enjoy the benefit of the
privileges provided in this Annex.
11.
The
mines and other immovable property which become the property of the
French State may never be made the subject of measures of
forfeiture, forced sale, expropriation or requisition, nor of any
other measure affecting the right of property.
The
personnel and the plant connected with the exploitation of these
mines or their accessories and subsidiaries, as well as the product
extracted from the mines or manufactured in their accessories and
subsidiaries, may not at any time be made the subject of any
measures of requisition.
12.
The
exploitation of the mines and their accessories and subsidiaries,
which become the property of the French State will continue, subject
to the provisions of paragraph 23 below, to be subject to the regime
established by the German laws and regulations in force on November
11, 1918, excepting provisions adopted exclusively in view of the
state of war.
The
rights of the workmen shall similarly be maintained, subject to the
provisions of the said paragraph 23, as established on November 11,
1918, by the German laws and regulations above referred to.
No
impediment shall be placed in the way of the introduction or
employment in the mines and their accessories and subsidiaries of
workmen from without the Basin.
The
employees and workmen of French nationality shall have the right to
belong to French labour unions.
13.
The
amount contributed by the mines and their accessories and
subsidiaries, either to the local budget of the territory of the
Saar Basin or to the communal funds, shall be fixed with due regard
to the ratio of the value of the mines to the total taxable wealth
of the Basin.
14.
The
French State shall always have the right of establishing and
maintaining, as incidental to the mines, primary or technical
schools for its employees and their children, and of causing
instruction therein to be given in the French language, in
accordance with such curriculum and by such teachers as it may
select.
It
shall also have the right to establish and maintain hospitals,
dispensaries, workmen's houses and gardens, and other charitable and
social institutions.
15.
The
French State shall enjoy complete liberty with respect to the
distribution, dispatch and sale prices of-the products of the mines
and their accessories and subsidiaries.
Nevertheless,
whatever may be the total product of the mines, the French
Government undertakes that the requirements of local consumption for
industrial and domestic purposes shall always be satisfied in the
proportion existing in 1913 between the amount consumed locally and
the total output of the Saar Basin.
16.
The
Government of the territory of the Saar Basin shall be entrusted to
a Commission representing the League of Nations. This Commission
shall sit in the territory of the Saar Basin.
17.
The
Governing Commission provided for by paragraph 16 shall consist of
five members chosen by the Council of the League of Nations, and
will include one citizen of France, one native inhabitant of the
Saar Basin, not a citizen of France, and three members belonging to
three countries other than France or Germany.
The
members of the Governing Commission shall be appointed for one year
and may be re-appointed. They can be removed by the Council of the
League of Nations, which will provide for their replacement.
The
members of the Governing Commission will be entitled to a salary
which will be fixed by the Council of the League of Nations, and
charged on the local revenues.
18.
The
Chairman of the Governing Commission shall be appointed for one year
from among the members of the Commission by the Council of the
League of Nations and may be re-appointed. The Chairman will act as
the executive of the Commission.
19.
Within
the territory of the Saar Basin the Governing Commission shall have
all-the powers of government hitherto belonging to the German
Empire, Prussia, or Bavaria, including the appointment and dismissal
of officials, and the creation of such administrative and
representative bodies as it may deem necessary.
It
shall have full powers to administer and operate the railways,
canals, and the different public services. Its decisions shall be
taken by a majority.
20.
Germany
will place at the disposal of the Governing Commission all official
documents and archives under the control of Germany, of any German
State, or of any local authority, which relate to the territory of
the Saar Basin or to the rights of the inhabitants thereof.
21.
It
will be the duty of the Governing Commission to ensure, by such
means and under such conditions as it may deem suitable, the
protection abroad of the interests of the inhabitants of the
territory of the Saar Basin.
22.
The
Governing Commission shall have the full right of user of all
property, other than mines, belonging, either in public or in
private domain, to the Government of the German Empire, or the
Government of any German State, in the territory of the Saar Basin.
As
regards the railways an equitable apportionment of rolling stock
shall be made by a mixed Commission on which the Government of the
territory of the Saar Basin and the German railways will be
represented.
Persons,
goods, vessels, carriages, wagons and mails coming from or going to
the Saar Basin shall enjoy all the rights and privileges relating to
transit and transport which are specified in the provisions of Part
XII (Ports, Waterways and Railways) of the present Treaty.
23.
The
laws and regulations in force on November 11, 1918, in the territory
of the Saar Basin (except those enacted in consequence of the state
of war) shall continue to apply.
If,
for general reasons or to bring these laws and regulations into
accord with the provisions of the present Treaty, it is necessary to
introduce modifications, these shall be decided on, and put into
effect by the Governing Commission, after consultation with the
elected representatives of the inhabitants in such a manner as the
Commission may determine.
No
modification may be made in the legal regime for the exploitation of
the mines, provided for in paragraph 12, without the French State
being previously consulted, unless such modification results from a
general regulation respecting labour adopted by the League of
Nations.
In
fixing the conditions and hours of labour for men, women and
children, the Governing Commission is to take into consideration the
wishes expressed by the local labour organisations, as well as the
principles adopted by the League of Nations.
24.
Subject
to the provisions of paragraph 4, no rights of the inhabitants of
the Saar Basin acquired or in process of acquisition at the date of
coming into force of this Treaty, in respect of any insurance system
of Germany or in respect of any pension of any kind, are affected by
any of the provisions of the present Treaty.
Germany
and the Government of the territory of the Saar Basin will preserve
and continue all of the aforesaid rights.
25.
The
civil and criminal courts existing in the territory of the Saar
Basin shall continue.
A
civil and criminal court will be established by the Governing
Commission to hear appeals from the decisions of the said courts and
to decide matters for which these courts are not competent.
The
Governing Commission will be responsible for settling the
organisation and jurisdiction of the said court.
Justice
will be rendered in the name of the Governing Commission.
26.
The
Governing Commission will alone have the power of levying taxes and
dues in the territory of Saar Basin.
These
taxes and dues will be exclusively applied to the needs of the
territory.
The
fiscal system existing on November 11, 1918, will be maintained as
far as possible, and no new tax except customs duties may be imposed
without previously consulting the elected representatives of the
inhabitants.
27.
The
present stipulation will not affect the existing nationality of the
inhabitants of the territory of the Saar Basin.
No
hindrance shall be placed in the way of those who wish to acquire a
different nationality, but in such case the acquisition of the new
nationality will involve the loss of any other.
28.
Under
the control of the Governing Commission the inhabitants will retain
their local assemblies, their religious liberties, their schools and
their language.
The
right of voting will not be exercised for any assemblies other than
the local assemblies, and will belong to every inhabitant over the
age of twenty years, without distinction of sex.
29.
Any
of the inhabitants of the Saar Basin who may desire to leave the
territory will have full liberty to retain in it their immovable
property or to sell it at fair prices, and to remove their movable
property free of any charges.
30.
There
will be no military service, whether compulsory or voluntary, in the
territory of the Saar Basin, and the construction of fortifications
therein is forbidden.
Only
a local gendarmerie for the maintenance of order may be established.
It
will be the duty of the Governing Commission to provide in all cases
for the protection of persons and property in the Saar Basin.
31.
The
territory of the Saar Basin as defined by Article 48 of the present
Treaty shall be subjected to the French customs regime. The receipts
from the customs duties on goods intended for local consumption
shall be included in the budget of the said territory after
deduction of all costs of collection.
No
export tax shall be imposed upon metallurgical products or coal
exported from the said territory to Germany, nor upon the German
exports for the use of the industries of the territory of the Saar
Basin.
Natural
or manufactured products originating in the Basin in transit over
German territory and, similarly, German products in
transit
over the territory of the Basin shall be free of all customs duties.
Products
which both originate in and pass from the Basin into Germany shall
be free of import duties for a period of five years from the date of
the coming into force of the present Treaty, and during the same
period articles imported from Germany into the territory of the
Basin for local consumption, shall likewise be free of import
duties.
During
these five years the French Government reserves to itself the right
of limiting to the annual average of the quantities imported into
Alsace-Lorraine and France in the years 1911 to 1913 the quantities
which may be sent into France of all articles coming from the Basin
which include raw materials and semimanufactured goods imported duty
free from Germany. Such average shall be determined after reference
to all available official information and statistics.
32.
No
prohibition or restriction shall be imposed upon the circulation of
French money in the territory of the Saar Basin.
The
French State shall have the right to use French money in all
purchases, payments, and contracts connected with the exploitation
of the mines or their accessories and subsidiaries.
33.
The
Governing Commission shall have power to decide all questions
arising from the interpretation of the preceding provisions.
France
and Germany agree that any dispute involving a difference of opinion
as to the interpretation of the said provision shall in the same way
be submitted to the Governing Commission and the decision of a
majority of the Commission shall be binding on both countries.
34.
At
the termination of a period of fifteen years from the coming into
force of the present Treaty, the population of the territory of the
Saar Basin will be called upon to indicate their desires in the
following manner: A vote will take place by communes or districts,
on the three following alternatives: (a) maintenance of the regime
established by the present Treaty and by this Annex; (b) union with
France; (c) union with Germany.
All
persons without distinction of sex, more than twenty years old at
the date of the voting, resident in the territory at the date of the
signature of the present Treaty, will have the right to vote.
The
other conditions, methods, and the date of the voting shall be fixed
by the Council of the League of Nations in such a way as to secure
the freedom, secrecy and trustworthiness of the voting
35.
The
League of Nations shall decide on the sovereignty under which the
territory is to be placed, taking into account the wishes of the
inhabitants as expressed by the voting.
(a)
If, for the whole or part of the territory, the League of Nations
decides in favour of the maintenance of the regime established by
the present Treaty and this Annex, Germany hereby agrees to make
such renunciation of her sovereignty in favour of the League of
Nations as the latter shall deem necessary. It will be the duty of
the League of Nations to take appropriate steps to adapt the regime
definitively adopted to the permanent welfare of the territory and
the general interest;
(b)
If, for the whole or part of the territory, the League of Nations
decides in favour of union with France, Germany hereby agrees to
cede to France in accordance with the decision of the League of
Nations, all rights and title over the territory specified by the
League.
(c)
If, for the whole or part of the territory, the League of Nations
decides in favour of union with Germany, it will be the duty of the
League of Nations to cause the German Government to be
re-established in the government of the territory specified by the
League.
36.
If
the League of Nations decides in favour of the union of the whole or
part of the territory of the Saar Basin with Germany, France's
rights of ownership in the mines situated in such part of the
territory will be repurchased by Germany in their entirety at a
price payable in gold. The price to be paid will be fixed by three
experts, one nominated by Germany, one by France, and one, who shall
be neither a Frenchman nor a German, by the Council of the League of
Nations; the decision of the experts will be given by a majority.
The obligation of Germany to make such payment shall be taken into
account by the Reparation Commission, and for the purpose of this
payment Germany may create a prior charge upon her assets or
revenues upon such detailed terms as shall be agreed to by the
Reparation Commission. If, nevertheless, Germany after a period of
one year from the date on which the payment becomes due shall not
have effected the said payment, the Reparation Commission shall do
so in accordance with such instructions as may be given by the
League of Nations, and, if necessary, by liquidating that part of
the mines which is in question.
37.
If,
in consequence of the repurchase provided for in paragraph 36, the
ownership of the mines or any part of them is transferred to
Germany, the French State and French nationals shall have
the
right to purchase such amount of coal of the Saar Basin as their
industrial and domestic needs are found at that time to require. An
equitable arrangement regarding amounts of coal, duration of
contract, and prices will be fixed in due time by the Council of the
League of Nations.
38.
It
is understood that France and Germany may, by special agreements
concluded before the time fixed for the payment of the price for the
repurchase of the mines, modify the provisions of paragraphs 36 and
37.
39.
The
Council of the League of Nations shall make such provisions as may
be necessary for the establishment of the regime which is to take
effect after the decisions of the League of Nations mentioned in
paragraph 35 have become operative, including an equitable
apportionment of any obligations of the Government of the territory
of the Saar Basin arising from loans raised by the Commission or
from other causes.
From
the coming into force of the new regime, the powers of the Governing
Commission will terminate, except in the case provided for in
paragraph 35 (a).
In
all matters dealt with in the present Annex, the decisions of the
Council of the League of Nations will be taken by a majority.
The
HIGH CONTRACTING PARTIES, recognising the moral obligation to
redress the wrong done by Germany in 1871 both to the rights of
France and to the wishes of the population of Alsace and Lorraine,
which were separated from their country in spite of the solemn
protest of their representatives at the Assembly of Bordeaux Agree
upon the following Articles:
The
territories which were ceded to Germany in accordance with the
Preliminaries of Peace signed at Versailles on February 26, 187l,
and the Treaty of Frankfort of May lo, 1871, are restored to French
sovereignty as from the date of the Armistice of November 11, 1918.
The
provisions of the Treaties establishing the delimitation of the
frontiers before 1871 shall be restored.
The
German Government shall hand over without delay to the French
Government all archives, registers, plans, titles and documents of
every kind concerning the civil, military, financial, judicial or
other administrations of the territories restored to French
sovereignty. If any of these documents, archives, registers, titles
or plans nave been misplaced, they will be restored by the German
Government on the demand of the French Government.
Separate
agreements shall be made between France and Germany dealing with the
interests of the inhabitants of the territories referred to in
Article 51, particularly as regards their civil rights, their
business and the exercise of their professions, it being understood
that Germany undertakes as from the present date to recognise and
accept the regulations laid down in the Annex hereto regarding the
nationality of the inhabitants or natives of the said territories,
not to claim at any time or in any place whatsoever as German
nationals those who shall have been declared on any ground to be
French, to receive all others in her territory, and to conform, as
regards the property of German nationals in the territories
indicated in Article 51, with the provisions of Article 297 and the
Annex to Section IV of Part X (Economic Clauses) of the present
Treaty.
Those
German nationals who without acquiring French nationality shall
receive permission from the French Government to reside in the said
territories shall not be subjected to the provisions of the said
Article.
Those
persons who have regained French nationality in virtue of paragraph
1 of the Annex hereto will be held to be Alsace-Lorrainers for the
purposes of the present Section.
The
persons referred to in paragraph 2 of the said Annex will from the
day on which they have claimed French nationality be held to be
Alsace-Lorrainers with retroactive effect as from November 11, 1918.
For those whose application is rejected, the privilege will
terminate at the date of the refusal.
Such
juridical persons will also have the status of AlsaceLorrainers as
shall have been recognised as possessing this quality whether by the
French administrative authorities or by a judicial decision.
The
territories referred to in Article 5l shall return to France free
and quit of all public debts under the conditions laid down in
Article 255 of Part IX (Financial Clauses) of the present Treaty.
In
conformity with the provisions of Article 256 of Part IX (Financial
Clauses) of the present Treaty, France shall enter into
possession
of all property and estate, within the territories referred to in
Article 5l, which belong to the German Empire or German States,
without any payment or credit on this account to any of the States
ceding the territories.
This
provision applies to all movable or immovable property of public or
private domain together with all rights whatsoever belonging to the
German Empire or German States or to their administrative areas.
Crown
property and the property of the former Emperor or other German
sovereigns shall be assimilated to property of the public domain.
Germany
shall not take any action, either by means of stamping or by any
other legal or administrative measures not applying equally to the
rest of her territory, which may be to the detriment of the legal
value or redeemability of Germany monetary instruments or monies
which, at the date of the signature of the present Treaty, are
legally current, and at that date are in the possession of the
French Government.
A
special Convention will determine the conditions for repayment in
marks of the exceptional war expenditure advanced during the course
of the war by Alsace-Lorraine or by the public bodies in
Alsace-Lorraine on account of the Empire in accordance with German
law, such as payment to the families of persons mobilised,
requisitions, billeting of troops, and assistance to persons who
have been evacuated. In fixing the amount of these sums Germany
shall be credited with that portion which Alsace-Lorraine would have
contributed to the Empire to meet the expenses resulting from these
payments, this contribution being calculated according to the
proportion of the Imperial revenues derived from Alsace-Lorraine in
l913.
The
French Government will collect for its own account the Imperial
taxes, duties and dues of every kind leviable in the territories
referred to in Article 5l and not collected at the time of the
Armistice of November 11, 19l8.
The
German Government shall without delay restore to AlsaceLorrainers
(individuals, juridical persons and public institutions) all
property, rights and interests belonging to them on November 11,
1918, in so far as these are situated in German territory.
The
German Government undertakes to continue and complete without delay
the execution of the financial clauses regarding Alsace-Lorraine
contained in the Armistice Conventions.
The
German Government undertakes to bear the expense of all civil and
military pensions which had been earned in Alsace. Lorraine on date
of November 11, 1918, and the maintenance of which was a charge on
the budget of the German Empire.
The
German Government shall furnish each year the funds necessary for
the payment in francs, at the average rate of exchange for that
year, of the sums in marks to which persons resident in
Alsace-Lorraine would have been entitled if Alsace-Lorraine had
remained under German jurisdiction.
For
the purposes of the obligation assumed by Germany in Part VIII
(Reparation) of the present Treaty to give compensation for damages
caused to the civil populations of the Allied and Associated
countries in the form of fines, the inhabitants of the territories
referred to in Article 51 shall be assimilated to the
above-mentioned populations.
The
regulations concerning the control of the Rhine and of the Moselle
are laid down in Part XII (Ports, Waterways and Railways) of the
present Treaty.
Within
a period of three weeks after the coming into force of the present
Treaty, the port of Strasburg and the port of Kehl shall be
constituted, for a period of seven years, a single unit from the
point of view of exploitation.
The
administration of this single unit will be carried on by a manager
named by the Central Rhine Commission, which shall also have power
to remove him.
This
manager shall be of French nationality.
He
will reside in Strasburg and will be subject to the supervision of
the Central Rhine Commission.
There
will be established in the two ports free zones in conformity with
Part XII (Ports, Waterways and Railways) of the present Treaty.
A
special Convention between France and Germany which shall be
submitted to the approval of the Central Rhine Commission, will fix
the details of this organisation, particularly as regards finance.
It
is understood that for the purpose of the present Article the port
of Kehl includes the whole of the area necessary for the movement of
the port and the trains which serve it, including the harbour, quays
and railroads, platforms, cranes, sheds and warehouses, silos,
elevators and hydro-electric plants, which make up the equipment of
the port.
The
German Government undertakes to carry out all measures which shall
be required of it in order to assure that all the making-up and
switching of trains arriving at or departing from Kehl, whether for
the right bank or the left bank of the Rhine, shall be carried on in
the best conditions possible.
All
property rights shall be safeguarded. In particular the
administration of the ports shall not prejudice any property rights
of the French or Baden railroads.
Equality
of treatment as respects traffic shall be assured in both ports to
the nationals, vessels and goods of every country.
In
case at the end of the sixth year France shall consider that the
progress made in the improvement of the port of Strasburg still
requires a prolongation of this temporary regime, she may ask for
such prolongation from the Central Rhine Commission, which may grant
an extension for a period not exceeding three years.
Throughout
the whole period of any such extension the free zones above provided
for shall be maintained.
Pending
appointment of the first manager by the Central Rhine Commission a
provisional manager who shall be of French nationality may be
appointed by the Principal Allied and Associated Powers subject to
the foregoing provisions.
For
all purposes of the present Article the Central Rhine Commission
will decide by a majority of votes.
The
railway and other bridges across the Rhine now existing within the
limits of Alsace-Lorraine shall, as to all their parts and their
whole length, be the property of the French State, which shall
ensure their upkeep.
The
French Government is substituted in all the, rights of the German
Empire over all the railways which were administered by the Imperial
railway administration and which are actually working or under
construction.
The
same shall apply to the rights of the Empire with regard to railway
and tramway concessions within the territories referred to in
Article 51.
This
substitution shall not entail any payment on the part of the French
State.
The
frontier railway stations shall be established by a subsequent
agreement, it being stipulated in advance that on the Rhine frontier
they shall be situated on the right bank.
The
French Government is substituted in all the rights of the German
Empire over all the railways which were administered by the Imperial
railway administration and which are actually working or under
construction.
The
same shall apply to the rights of the Empire with regard to railway
and tramway concessions within the territories referred to in
Article 51.
This
substitution shall not entail any payment on the part of the French
State.
The
frontier railway stations shall be established by a subsequent
agreement, it being stipulated in advance that on the Rhine frontier
they shall be situated on the right bank.
In
accordance with the provisions of Article 268 of Chapter I of
Section I of Part X (Economic Clauses) of the present Treaty, for a
period of five years from the coming into force of the present
Treaty, natural or manufactured products originating in and coming
from the territories referred to in Article 51 shall, on importation
into German customs territory, be exempt from all customs duty.
The
French Government may fix each year, by decree communicated to the
German Government, the nature and amount of the products which shall
enjoy this exemption.
The
amount of each product which may be thus sent annually into Germany
shall not exceed the average of the amounts sent annually in the
years 1911-1913.
Further,
during the period of five years above mentioned, the German
Government shall allow the free export from Germany and the free
reimportation into Germany, exempt from all customs, duties and
other charges (including internal charges), of yarns, tissues, and
other textile materials or textile products of any kind and in any
condition, sent from Germany into the territories referred to in
Article 51, to be subjected there to any finishing process, such as
bleaching, dyeing, printing, mercerization, gassing, twisting or
dressing.
During
a period of ten years from the coming into force of the present
Treaty, central electric supply works situated in German territory
and formerly furnishing electric power to the territories referred
to in Article 51 or to any establishment the working of which passes
permanently or temporarily from Germany to France, shall be required
to continue such supply up to the amount of consumption
corresponding to the undertakings and contracts current on November
11, 1918.
Such
supply shall be furnished according to the contracts in force and at
a rate which shall not be higher than that paid to the said works by
German nationals.
During
a period of ten years from the coming into force of the present
Treaty, central electric supply works situated in German territory
and formerly furnishing electric power to the territories referred
to in Article 51 or to any establishment the working of which passes
permanently or temporarily from Germany to France, shall be required
to continue such supply up to the amount of consumption
corresponding to the undertakings and contracts current on November
11, 1918.
Such
supply shall be furnished according to the contracts in force and at
a rate which shall not be higher than that paid to the said works by
German nationals.
It
is understood that the French Government preserves its right to
prohibit in the future in the territories referred to in Article 51
all new German participation:
(1)
In the management or exploitation of the public domain and of public
services, such as railways, navigable waterways, water works, gas
works, electric power, etc. ;
(2)
In the ownership of mines and quarries of every kind and in
enterprises connected therewith;
(3)
In metallurgical establishments, even though their working may not
be connected with that of any mine.
As
regards the territories referred to in Article 51, Germany renounces
on behalf of herself and her nationals as from November 11, 1918,
all rights under the law of May 25, 1910, regarding the trade in
potash salts, and generally under any stipulations for the
intervention of German organisations in the working of the potash
mines. Similarly, she renounces on behalf of herself and her-
nationals all rights under any agreements, stipulations or laws
which may exist to her benefit with regard to other products of the
aforesaid territories.
The
settlement of the questions relating to debts contracted before
November 11, 1918, between the German Empire and the German States
or their nationals residing in Germany on the one part and Alsace-Lorrainers
residing in Alsace-Lorraine on the other part shall be effected in
accordance with the provisions of Section III of Part X (Economic
Clauses) of the present Treaty, the expression "before the
war" therein being replaced by the expression "before
November 11, 1918,. The rate of exchange applicable in the case of
such settlement shall be the average rate quoted on the Geneva
Exchange during the month preceding November 11, 1918.
There
may be established in the territories referred to in Article 51, for
the settlement of the aforesaid debts under the conditions laid down
in Section III of Part X (Economic Clauses) of the present Treaty, a
special clearing office, it being understood that this office shall
be regarded as a "central office" under the provisions of
paragraph 1 of the Annex to the said Section.
The
private property, rights and interests of Alsace-Lorrainers in
Germany will be regulated by the stipulations of Section IV of Part
X (Economic Clauses) of the present Treaty.
The
French Government reserves the right to retain and liquidate all the
property, rights and interests which German nationals or societies
controlled by Germany possessed in the territories referred to in
Article 51 on November 11, 1918, subject to the conditions laid down
in the last paragraph of Article 53 above. Germany will directly
compensate her nationals who may have been dispossessed by the
aforesaid liquidations. The product of these liquidations shall be
applied in accordance with the stipulations of Sections III and IV
of Part X (Economic Clauses) of the present Treaty.
Notwithstanding
the stipulations of Section V of Part X (Economic Clauses) of the
present Treaty, all contracts made before the date of the
promulgation in Alsace-Lorraine of the French decree of November 30,
1918, between Alsace-Lorrainers (whether individuals or juridical
persons) or others resident in Alsace-Lorraine on the one part and
the German Empire or German States and their nationals resident in
Germany on the other part, the execution of which has been suspended
by the Armistice or by subsequent French legislation, shall be
maintained.
Nevertheless,
any contract of which the French Government shall notify the
cancellation to Germany in the general interest within a period of
six months from the date of the coming into force of the present
Treaty, shall be annulled except in respect of any debt or other
pecuniary obligation arising out of any act done or money paid
thereunder before November 11, 1918. If this dissolution would cause
one of the parties substantial prejudice, equitable compensation,
calculated solely on the capital employed without taking account of
loss of profits, shall be accorded to the prejudiced party.
With
regard to prescriptions, limitations and forfeitures in
Alsace-Lorraine, the provisions of Articles 300 and 301 of Section V
of Part X (Economic Clauses) shall be applied with the substitution
for the expression "outbreak of war" of the expression
"November 11, 1918", and for the expression "duration
of the war" of the expression "period from November 11,
1918, to the date of the coming into force of the present
Treaty".
Questions
concerning rights in industrial, literary or artistic property of
Alsace-Lorrainers shall be regulated in accordance with the general
stipulations of Section VII of Part X (Economic Clauses) of the
present Treaty, it being understood that AlsaceLorrainers holding
rights of this nature under German legislation will preserve full
and entire enjoyment of those rights on German territory.
The
German Government undertakes to pay over to the French Government
such proportion of all reserves accumulated by the Empire or by
public or private bodies dependent upon it, for the purposes of
disability and old age insurance, as would fall to the disability
and old age insurance fund at Strasburg.
The
same shall apply in respect of the capital and reserves accumulated
in Germany falling legitimately to other social insurance funds, to
miners, superannuation funds, to the fund of the railways of
Alsace-Lorraine, to other superannuation organisations established
for the benefit of the personnel of public administrations and
institutions operating in Alsace-Lorraine and also in respect of the
capital and reserves due by the insurance fund of private employees
at Berlin, by reason of engagements entered into for the benefit of
insured persons of that category resident in Alsace-Lorraine. A
special Convention shall determine the conditions and procedure of
these transfers.
With
regard to the execution of judgments, appeals and prosecutions, the
following rules shall be applied:
(1)
All civil and commercial judgments which shall have been given since
August 3, 1914, by the Courts of Alsace-Lorraine between Alsace-Lorrainers,
or between Alsace-Lorrainers and foreigners, or between foreigners,
and which shall not have been appealed from before November 11,
1918, shall be regarded as final and susceptible of immediate
execution without further formality.
When
the judgment has been given between Alsace-Lorrainers and Germans or
between Alsace-Lorrainers and subjects of the allies of Germany, it
shall only be capable of execution after the issue of an exequatur
by the corresponding new tribunal in the restored territory referred
to in Article 51.
(2)
All judgments given by German Courts since August 3, 1914, against
Alsace-Lorrainers for political crimes or misdemeanors shall be
regarded as null and void.
(3)
All sentences passed since November 11, 1918, by the Court of the
Empire at Leipzig on appeals against the decisions of the Courts of
Alsace-Lorraine shall be regarded as null and void and shall be so
pronounced. The papers in regard to the cases in which such
sentences have been given shall be returned to the Courts of
Alsace-Lorraine concerned.
All
appeals to the Court of the Empire against decisions of the Courts
of Alsace-Lorraine shall be suspended. The papers shall be returned
under the aforesaid conditions for transfer without delay to the
French Cour de Cassation, which shall be competent to decide them.
(4)
All prosecutions in Alsace-Lorraine for offences committed during
the period between November 11, 1918, and the coming into force of
the present Treaty will be conducted under German law except in so
far as this has been modified by decrees duly published on the spot
by the French authorities.
(5)
All other questions as to competence, procedure or administration of
justice shall be determined by a special Convention between France
and Germany.
The
stipulations as to nationality contained in the Annex hereto shall
be considered as of equal force with the provisions of the present
Section.
All
other questions concerning Alsace-Lorraine which are not regulated
by the present Section and the Annex thereto or by the general
provisions of the present Treaty will form the subject of further
conventions between France and Germany.
1.
As from November 11, 1918, the following persons are ipso facto
reinstated in French nationality:
(1)
Persons who lost French nationality by the application of the
Franco-German Treaty of May 10, 1871, and who have not since that
date acquired any nationality other than German;
(2)
The legitimate or natural descendants of the persons referred to in
the immediately preceding paragraph, with the exception of those
whose ascendants in the paternal line include a German who migrated
into Alsace-Lorraine after July 15, 1870;
(3)
All persons born in Alsace-Lorraine of unknown parents, L or whose
nationality is unknown.
2.
Within the period of one year from the coming into force of the
present Treaty, persons included in any of the following categories
may claim French nationality:
(1)
All persons not restored to French nationality under paragraph 1
above, whose ascendants include a Frenchman or Frenchwoman who lost
French nationality under the conditions referred to in the said
paragraph;
(2)
All foreigners, not nationals of a German State, who acquired the
status of a citizen of Alsace-Lorraine before August 3, 1914;
(3)
All Germans domiciled in Alsace-Lorraine, if they have been so
domiciled since a date previous to July 15, 1870, or if one of their
ascendants was at that date domiciled in Alsace-Lorraine;
(4)
All Germans born or domiciled in Alsace-Lorraine who have served in
the Allied or Associated armies during the present war, and their
descendants;
(5)
All persons born in Alsace-Lorraine before May 10, 1871, of foreign
parents, and the descendants of such persons;
(6)
The husband or wife of any person whose French nationality may have
been restored under paragraph 1, or who may have claimed and
obtained French nationality in accordance with the
preceding
provisions.
The
legal representative of a minor may exercise, on behalf of that
minor, the right to claim French nationality; and if that right has
not been exercised, the minor may claim French nationality within
the year following his majority.
Except
in the cases provided for in No.(6) of the present paragraph, the
French authorities reserve to themselves the right, in individual
cases, to reject the claim to French nationality.
3.
Subject to the provisions of paragraph 2, Germans born or domiciled
in Alsace-Lorraine shall not acquire French nationality by reason of
the restoration of Alsace-Lorraine to France, even though they may
have the status of citizens of Alsace-Lorraine.
They
may acquire French nationality only by naturalisation, on condition
of having been domiciled in Alsace-Lorraine from a date previous to
August 3, 1914, and of submitting proof of unbroken residence within
the restored territory for a period of three years from November 11,
1918.
France
will be solely responsible for their diplomatic and consular
protection from the date of their application for French
naturalisation.
The
French Government shall determine the procedure by which
reinstatement in French nationality as of right shall be effected,
and the conditions under which decisions shall be given upon claims
to such nationality and applications for naturalisation, as provided
by the present Annex.
Germany
acknowledges and will respect strictly the independence of Austria,
within the frontiers which may be fixed in a Treaty between that
State and the Principal Allied and Associated Powers; she agrees
that this independence shall be inalienable, except with the consent
of the Council of the League of Nations.
Germany,
in conformity with the action already taken by the Allied and
Associated Powers, recognises the complete independence of the
Czecho-Slovak State which will include the autonomous territory of
the Ruthenians to the south of the Carpathians. Germany hereby
recognises the frontiers of this State as determined by the
Principal Allied and Associated Powers and the other interested
States.
The
old frontier as it existed on August 3, 1914, between
Austria-Hungary and the German Empire will constitute the frontier
between Germany and the Czecho-Slovak State.
Germany
renounces in favour of the Czecho-Slovak State all rights and title
over the portion of Silesian territory defined as follows: starting
from a point about 2 kilometres south-east of Katscher, on the
boundary between the Kreise of Leobschutz and Ratibor: the boundary
between the two Kreise; then, the former boundary between Germany
and Austria-Hungary up to a point on the Oder immediately to the
south of the Ratibor-Oderberg railway; thence, towards the
north-west and up to a point about 2 kilometres to the south-east of
Katscher: a line to be fixed on the spot passing to the west of
Kranowitz. A Commission composed of seven members, five nominated by
the Principal Allied and Associated Powers, one by Poland and one by
the Czecho-Slovak State, will be appointed fifteen days after the
coming into force of the present Treaty to trace on the spot the
frontier line between Poland and the Czecho-Slovak State. The
decisions of this Commission will be taken by a majority and shall
be binding on the parties concerned. Germany hereby agrees to
renounce in favour of the Czecho-Slovak State all rights and title
over the part of the Kreis of Leobschutz comprised within the
following boundaries in case after the determination of the frontier
between Germany and Poland the said part of that Kreis should become
isolated from Germany: from the south-eastern extremity of the
salient of the former Austrian frontier at about 5 kilometres to the
west of Leobschutz southwards and up to the point of junction with
the boundary between the Kreise of Leobschutz and Ratibor: the
former frontier between Germany and Austria-Hungary; then,
northwards, the administrative boundary between the Kreise of
Leobschutz and Ratibor up to a point situated about 2 kilometres to
the south-east of Katscher; thence, north-westwards and up to the
starting-point of this definition: a line to be fixed on the spot
passing to the east of Katscher,
German
nationals habitually resident in any of the territories recognised
as forming part of the Czecho-Slovak State will obtain Czecho-Slovak
nationality ipso facto and lose their German nationality.
Within
a period of two years from the coming into force of the present
Treaty, German nationals over eighteen years of age habitually
resident in any of the territories recognized as forming part of the
Czecho-Slovak State will be entitled to opt for German. nationality.
Czecho-Slovaks who are German nationals and are habitually resident
in Germany will have a similar right to opt for Czecho-Slovak
nationality.
Option
by a husband will cover his wife and option by parents will cover
their children under eighteen years of age.
Persons
who have exercised the above right to opt must within the succeeding
twelve months transfer their place of residence to the State for
which they have opted.
They
will be entitled to retain their landed property in the territory of
the other State where they had their place of residence before
exercising the right to opt. They may carry with them their movable
property of every description. No export or import duties may be
imposed upon them in connection with the removal of such property.
Within
the same period Czecho-Slovaks, who are German nationals and are in
a foreign country will be entitled, in the absence of any provisions
to the contrary in the foreign law, and if they have not acquired
the foreign nationality, to obtain Czecho-Slovak nationality and
lose their German nationality by complying with the requirements
laid down by the Czecho-Slovak State.
The
Czecho-Slovak State accepts and agrees to embody in a Treaty with
the Principal Allied and Associated Powers such provisions as may be
deemed necessary by the said Powers to protect the interests of
inhabitants of that State who differ from the majority of the
population in race, language, or religion.
The
Czecho-Slovak State further accepts and agrees to embody in a Treaty
with the said Powers such provisions as they may deem necessary to
protect freedom of transit and equitable treatment of the commerce
of other nations.
The
proportion and nature of the financial obligations of Germany and
Prussia which the Czecho-Slovak State will have to assume on account
of the Silesian territory placed under its sovereignty will be
determined in accordance with Article 254 of Part IX (Financial
Clauses) of the present Treaty.
Subsequent
agreements will decide all questions not decided by the present
Treaty which may arise in consequence of the cession of the said
territory.
Germany,
in conformity with the action already taken by the Allied and
Associated Powers, recognises the complete independence of Poland,
and renounces in her favour all rights and title over the territory
bounded by the Baltic Sea, the eastern frontier of Germany as laid
down in Article 27 of Part II (Boundaries of Germany) of the present
Treaty up to a point situated about 2 kilometres to the east of
Lorzendorf, then a line to the acute angle which the northern
boundary of Upper Silesia makes about 3 kilometres north-west of
Simmenau, then the boundary of Upper Silesia to its meeting point
with the old frontier between Germany and Russia, then this frontier
to the point where it crosses the course of the Niemen, and then the
northern frontier of East Prussia as laid down in Article 28 of Part
II aforesaid.
The
provisions of this Article do not, however, apply to the territories
of East Prussia and the Free City of Danzig, as defined in Article
28 of Part II (Boundaries of Germany) and in Article 10o of Section
XI (Danzig) of this Part.
The
boundaries of Poland not laid down in the present Treaty will be
subsequently determined by the Principal Allied and Associated
Powers.
A
Commission consisting of seven members, five of whom shall be
nominated by the Principal Allied and Associated Powers, one by
Germany and one by Poland, shall be constituted fifteen days after
the coming into force of the present Treaty to delimit on the spot
the frontier line between Poland and Germany. The decisions of the
Commission will be taken by a majority of votes and shall be binding
upon the parties concerned.
In
the portion of Upper Silesia included within the boundaries
described below, the inhabitants will be called upon to indicate by
a vote whether they wish to be attached to Germany or to Poland:
starting from the northern point of the salient of the old province
of Austrian Silesia situated about 8 kilometres east of Neustadt,
the former frontier between Germany and Austria to its junction with
the boundary between the Kreise of Leobschutz and Ratibor; thence in
a northerly direction to a point about 2 kilometres south-east of
Katscher: the boundary between the Kreise of Leobschutz and Ratibor;
thence in a south-easterly direction to a point on the course of the
Oder immediately south of the Ratibor-Oderberg railway: a line to be
fixed on the ground passing south of Kranowitz; thence the old
boundary between Germany and Austria, then the old boundary between
Germany and Russia to its junction with the administrative boundary
between Posnania and Upper Silesia; thence this administrative
boundary to its junction with the administrative boundary between
Upper and Middle Silesia, thence westwards to the point where the
administrative boundary turns in an acute angle to the south-east
about 3 kilometres north-west of Simmenau: the boundary between Upper and Middle Silesia; then in a
westerly direction to a point to be fixed on the ground about 2
kilometres east of Lorzendorf: a line to be fixed on the ground
passing north of Klein Hennersdorf: thence southwards to the point
where the boundary between Upper and Middle Silesia cuts the
Stadtel-Karlsruhe road: a line to be fixed on the ground passing
west of Hennersdorf, Polkowitz, Noldau, Steinersdorf, and Dammer,
and east of Strehlitz, Nassadel, Eckersdorf, Schwirz, and Stadtel;
thence the boundary between Upper and Middle Silesia to its junction
with the eastern boundary of the Kreis of Falkenberg; then the
eastern boundary of the Kreis of Falkenberg to the point of the
salient which is 3 kilometres east of Puschine; thence to the
northern point of the salient of the old province of Austrian
Silesia situated about 8 kilometres east of Neustadt: a line to be
fixed on the ground passing east of Zulz.
The
regime under which this plebiscite will be taken and given effect to
is laid down in the Annex hereto.
The
Polish and German Governments hereby respectively bind themselves to
conduct no prosecutions on any part of their territory and to take
no exceptional proceedings for any political action performed in
Upper Silesia during the period of the regime laid down in the Annex
hereto and up to the settlement of the final status of the country.
Germany
hereby renounces in favour of Poland all rights and title over the
portion of Upper Silesia Iying beyond the frontier line fixed by the
Principal Allied and Associated Powers as the result of the
plebiscite.
1.
Within fifteen days from the coming into force of the present Treaty
the German troops and such officials as may be designated by the
Commission set up under the provisions of paragraph 2 shall evacuate
the plebiscite area. Up to the moment of the completion of the
evacuation they shall refrain from any form of requisitioning in
money or in kind and from all acts likely to prejudice the material
interests of the country.
Within
the same period the Workmen's and Soldiers' Councils which have been
constituted in this area shall be dissolved. Members of such
Councils who are natives of another region and are exercising their
functions at the date of the coming into force of the present
Treaty, or who have gone out of office since March 1, 1919, shall be
evacuated.
All
military and semi-military unions formed in the said area by
inhabitants of the district shall be immediately disbanded All
members of such military organisations who are not domiciled in the
said area shall be required to leave it.
2.
The plebiscite area shall be immediately placed under the authority
of an International Commission of four members to be designated by
the following Powers: the United States of America, France, the
British Empire, and Italy. It shall be occupied by troops belonging
to the Allied and Associated Powers, and the German Government
undertakes to give facilities for the transference of these troops
to Upper Silesia.
3.
The Commission shall enjoy all the powers exercised by the German or
the Prussian Government, except those of legislation or taxation. It
shall also be substituted for the Government of the province and the
Regierungsbezirk.
It
shall be within the competence of the Commission to interpret the
powers hereby conferred upon it and to determine to what extent it
shall exercise them, and to what extent they shall be left in the
hands of the existing authorities.
Changes
in the existing laws and the existing taxation shall only be brought
into force with the consent of the Commission.
The
Commission will maintain order with the help of the troops which
will be at its disposal, and, to the extent which it may deem
necessary, by means of gendarmerie recruited among the inhabitants
of the country.
The
Commission shall provide immediately for the replacement of the
evacuated German officials and, if occasion arises, shall itself
order the evacuation of such authorities and proceed to the
replacement of such local authorities as may be required.
It
shall take all steps which it thinks proper to ensure the freedom,
fairness, and secrecy of the vote. In particular, it shall have the
right to order the expulsion of any person who may in any way have
attempted to distort the result of the plebiscite by methods of
corruption or intimidation.
The
Commission shall have full power to settle all questions arising
from the execution of the present clauses. It shall be assisted by
technical advisers chosen by it from among the local population.
The
decisions of the Commission shall be taken by a majority vote.
4.
The vote shall take place at such date as may be determined by the
Principal Allied and Associated Powers, but not sooner than six
months or later than eighteen months after the establishment of the
Commission in the area.
The
right to vote shall be given to all persons without distinction of
sex who:
(a)
Have completed their twentieth year on the 1st January of the year
in which the plebiscite takes place-
(b)
Were born in the plebiscite area or have been domiciled there since
a date to be determined by the Commission, which shall not be
subsequent to January 1, 1919, or who have been expelled by the
German authorities and have not retained their domicile there.
Persons
convicted of political offences shall be enabled to exercise their
right of voting.
Every
person will vote in the commune where he is domiciled or in which he
was born, if he has not retained his domicile in the area.
The
result of the vote will be determined by communes according to the
majority of votes in each commune.
5.
On the conclusion of the voting, the number of votes cast in each
commune will be communicated by the Commission to the Principal
Allied and Associated Powers, with a full report as to the taking of
the vote and a recommendation as to the line which ought to be
adopted as the frontier of Germany in Upper Silesia. In this
recommendation regard will be paid to the wishes of the inhabitants
as shown by the vote, and to the geographical and economic
conditions of the locality.
6.
As soon as the frontier has been fixed by the Principal Allied and
Associated Powers, the German authorities will be notified by the
International Commission that they are free to take over the
administration of the territory which it is recognised should be
German, the said authorities must proceed to do so within one month
of such notification and in the manner prescribed by the Commission.
Within
the same period and in the manner prescribed by the commission, the
Polish Government must proceed to take over the administration of
the territory which it is recognized should be Polish.
When
the administration of the territory has been provided for by the
German and Polish authorities respectively, the powers of the
Commission will terminate.
The
cost of the army of occupation and expenditure by the Commission,
whether in discharge of its own functions or in the administration
of the territory, will be a charge on the area.
Poland
undertakes to accord freedom of transit to persons, goods, vessels,
carriages, wagons, and mails in transit between East Prussia and the
rest of Germany over Polish territory, including territorial waters,
and to treat them at least as favourably as the persons, goods,
vessels, carriages, wagons and mails respectively of Polish or of
any other more favoured nationality, origin importation, starting
point, or ownerships as regards facilities, restrictions and all
other matters.
Goods
in transit shall be exempt from all customs or other similar duties.
Freedom
of transit will extend to telegraphic and telephonic services under
the conditions laid down by the conventions referred to in Article
98.
Poland
undertakes to permit for a period of fifteen years the exportation
to Germany of the products of the mines in any part of Upper Silesia
transferred to Poland in accordance with the present Treaty.
Such
products shall be free from all export duties or other charges or
restrictions on exportation.
Poland
agrees to take such steps as may be necessary to secure that any
such products shall be available for sale to purchasers in Germany
on terms as favourable as are applicable to like products sold under
similar conditions to purchasers in Poland or in any other country.
German
nationals habitually resident in territories recognised as forming
part of Poland will acquire Polish nationality ipso facto and will
lose their German nationality. German nationals, however, or their
descendants who became resident in these territories after January
1, 1908, will not acquire Polish nationality without a special
authorisation from the Polish State.
Within
a period of two years after the coming into force of the present
Treaty, German nationals over 18 years of age habitually resident in
any of the territories recognised as forming part of Poland will be
entitled to opt for German nationality.
Poles
who are German nationals over 18 years of age and habitually
resident in Germany will have a similar right to opt for Polish
nationality.
Option
by a husband will cover his wife and option by parents will cover
their children under 18 years of age.
Persons
who have exercised the above right to opt may within the succeeding
twelve months transfer their place of residence to the State for
which they have opted.
They
will be entitled to retain their immovable property in the territory
of the other State where they had their place of residence before
exercising the right to opt.
They
may carry with them their movable property of every description. No
export or import duties or charges may be imposed upon them in
connection with the removal of such property.
Within
the same period Poles who are German nationals and are in a foreign
country will be entitled, in the absence of any provisions to the
contrary in the foreign law, and if they have not acquired the
foreign nationality, to obtain Polish nationality and to lose their
German nationality by complying with the requirements laid down by
the Polish State.
In
the portion of Upper Silesia submitted to a plebiscite the
provisions of this Article shall only come into force as from the
definitive attribution of the territory.
The
proportion and the nature of the financial liabilities of Germany
and Prussia which are to be borne by Poland will be determined in
accordance with Article 254 of Part IX (Financial Clauses) of the
present Treaty.
There
shall be excluded from the share of such financial liabilities
assumed by Poland that portion of the debt which, according to the
finding of the Reparation Commission referred to in the
above-mentioned Article, arises from measures adopted by the German
and Prussian Governments with a view to German colonisation in
Poland.
In
fixing under Article 256 of the present Treaty the value of the
property and possessions belonging to the German Empire and to the
German States which pass to Poland with the territory transferred
above, the Reparation Commission shall exclude from the valuation
buildings, forests, and other State property which belonged to the
former Kingdom of Poland; Poland shall acquire these properties free
of all costs and charges.
In
all the German territory transferred in accordance with the present
Treaty and recognised as forming definitively part of Poland, the
property, rights, and interests of German nationals shall not be
liquidated under Article 297 by the Polish Government except in
accordance with the following provisions:
(1)
The proceeds of the liquidation shall be paid direct to the owner;
(2)
If on his application the Mixed Arbitral Tribunal provided for by
Section VI of Part X (Economic Clauses) of the present Treaty, or an
arbitrator appointed by that Tribunal, is satisfied that the
conditions of the sale or measures taken by the Polish Government
outside its general legislation were unfairly prejudicial to the
price obtained, they shall have discretion to award to the owner
equitable compensation to be paid by the Polish Government.
Further
agreements will regulate all questions arising out of the cession of
the above territory which are not regulated by the present Treaty.
Poland
accepts and agrees to embody in a Treaty with the Principal Allied
and Associated Powers such provisions as may be deemed necessary by
the said Powers to protect the interests of inhabitants of Poland
who differ from the majority of the population in race, language, or
religion.
Poland
further accepts and agrees to embody in a Treaty with the said
Powers such provisions as they may deem necessary to protect freedom
of transit and equitable treatment of the commerce of other nations.
In
the area between the southern frontier of East Prussia, as described
in Article 28 of Part II (Boundaries of Germany) of the present
Treaty, and the line described below, the inhabitants will be called
upon to indicate by a vote the State to which they wish to belong:
The
western and northern boundary of Regierungsbezirk Allenstein to its
junction with the boundary between the Kreise of Oletsko and
Angerburg; thence, the northern boundary of the Kreis of Oletsko to
its junction with the old frontier of East Prussia.
The
German troops and authorities will be withdrawn from the area
defined above within a period not exceeding fifteen days after the
coming into force of the present treaty. Until the evacuation is
completed they will abstain from all requisitions in money or in
kind and from all measures injurious to the economic interests of
the country.
On
the expiration of the above-mentioned period the said area will be
placed under the authority of an International Commission of five
members appointed by the Principal Allied and Associated Powers.
This Commission will have general powers of administration and, in
particular, will be charged with the duty of arranging for the vote
and of taking such measures as it may deem necessary to ensure its
freedom, fairness, and secrecy. The Commission will have all
necessary authority to decide any questions to which the execution
of these provisions may give rise. The Commission will make such
arrangements as may be necessary for assistance in the exercise of
its functions by officials chosen by itself from the local
population. Its decisions will be taken by a majority.
Every
person, irrespective of sex, will be entitled to vote who:
(a)
Is 20 years of age at the date of the coming into force of the
present Treaty, and
(b)
Was born within the area where the vote will take place or has been
habitually resident there from a date to be fixed by the Commission.
Every
person will vote in the commune where he is habitually resident or,
if not habitually resident in the area, in the commune where he was
born.
The
result of the vote will be determined by communes (Gemeinde)
according to the majority of the votes in each commune.
On
the conclusion of the voting the number of votes cast in each
commune will be communicated by the Commission to the Principal
Allied and Associated Powers, with a full report as the taking of
the vote and a recommendation as to the line which ought to be
adopted as the boundary of East Prussia in this region . In this
recommendation regard will be paid to the wishes of the inhabitants
as shown by the vote and to the geographical and economic conditions
of the locality. The Principal Allied and Associated Powers will
then fix the frontier between East Prussia and Poland in this
region.
If
the line fixed by the Principal Allied and Associated Powers is such
as to exclude from East Prussia any part of the territory defined in
Article 94, the renunciation of its rights by Germany in favour of
Poland, as provided in Article 87 above, will extend to the
territories so excluded.
As
soon as the line has been fixed by the Principal Allied and
Associated Powers, the authorities administering East Prussia will
be notified by the International Commission that they are free to
take over the administration of the territory to the north of the
line so fixed, which they shall proceed to do within one month of
such notification and in the manner prescribed by the Commission.
Within the same period and as prescribed by the Commission, the
Polish Government must proceed to take over the administration of
the territory to the south of the line. The administration of the
territory by the East Prussian and Polish authorities respectively
has been provided for, the powers of the Commission will terminate.
Expenditure
by the Commission, whether in the discharge of its own functions or
in the administration of the territory, will be borne by the local
revenues East Prussia will be required to bear such proportion of
any deficit as may be fixed by the Principal Allied and Associated
Powers.
In
the area comprising the Kreise of Stuhm and Rosenberg and the
portion of the Kreis of Marienburg which is situated east of the
Nogat and that of Marienwerder east of the Vistula, the inhabitants
will be called upon to indicate by a vote, to be taken in each
commune (Gemeinde), whether they desire the various communes
situated in this territory to belong to Poland or to East Prussia.
The
German troops and authorities will be withdrawn from the area
defined in Article 96 within a period not exceeding fifteen days
after the coming into force of the present Treaty. Until the
evacuation is completed they will abstain from all requisitions in
money or in kind and from all measures injurious to the economic
interests of the country.
On
the expiration of the above-mentioned period, the said area will be
placed under the authority of an International Commission of five
members appointed by the Principal Allied and Associated Powers.
This Commission, supported if occasion arises by the necessary
forces, will have general powers of administration and in particular
will be charged with the duty of arranging for the vote and of
taking such measures as it may deem necessary to ensure its freedom,
fairness, and secrecy. The Commission will conform as far as
possible to the provisions of the present Treaty relating to the
plebiscite in the Allenstein area; its decisions will be taken by a
majority.
Expenditure
by the Commission, whether in the discharge of its own functions or
in the administration of the territory, will be borne by the local
revenues.
On
the conclusion of the voting the number of votes cast in each
commune will be communicated by the Commission to the Principal
Allied and Associated Powers with a full report as to the taking of
the vote and a recommendation as to the line which ought to be
adopted as the boundary of East Prussia in this region. In this
recommendation regard will be paid to the wishes of the inhabitants
as shown by the vote and to the geographical and economic conditions
of the locality. The Principal Allied and Associated Powers will
then fix the frontier between East Prussia and Poland in this
region, leaving in any case to Poland for the whole of the section
bordering on the Vistula full and complete control of the river
including the east bank as far east of the river as may be necessary
for its regulation and improvement, Germany agrees that in any
portion of the said territory which remains German, no
fortifications shall at any time be erected. The Principal Allied
and Associated Powers will at the same time draw up regulations for
assuring to the population of East Prussia to the fullest extent and
under equitable conditions access to the Vistula and the use of it
for themselves, their commerce, and their boats.
The
determination of the frontier and the foregoing regulations shall be
binding upon all the parties concerned.
When
the administration of the territory has been taken over by the East
Prussian and Polish authorities respectively, the powers of the
Commission will terminate.
Germany
and Poland undertake, within one year of the coming into force of
this Treaty, to enter into conventions of which the terms, in case
of difference, shall be settled by the Council of the League of
Nations, with the object of securing, on the one hand, to Germany
full and adequate railroad, telegraphic and telephonic facilities
for communication between the rest of Germany and East Prussia over
the intervening Polish territory, and on the other hand to Poland
full and adequate railroad, telegraphic and telephonic facilities
for communication between Poland and the Free City of Danzig over
any German territory that may, on the right bank of the Vistula,
intervene between Poland and the Free City of Danzig.
Germany
renounces in favour of the Principal Allied and Associated Powers
all rights and title over the territories included between the
Baltic, the north-eastern frontier of East Prussia as defined in
Article 28 of Part II (Boundaries of Germany) of the present Treaty
and the former frontier between Germany and Russia. Germany
undertakes to accept the settlement made by the Principal Allied and
Associated Powers in regard to these territories, particularly in so
far as concerns the nationality of the inhabitants.
Germany
renounces in favour of the Principal Allied and Associated Powers
all rights and title over the territory comprised within the
following limits:
from
the Baltic Sea southwards to the point where the principal channels
of navigation of the Nogat and the Vistula (Weichsel) meet:
the
boundary of East Prussia as described in Article 28 of Part II
(Boundaries of Germany) of the present Treaty;
thence
the principal channel of navigation of the Vistula downstream to a
point about 6-1/2 kilometres north of the bridge of Dirschau;
thence
north-west to point 5-1/2 kilometres south-east of the church of
Guttland:
a
line to be fixed on the ground,
thence
in a general westerly direction to the salient made by the boundary
of the Kreis of Berent 8-1/2 kilometres north-east of Schoneck:
a
line to be fixed on the ground passing between Muhlbanz on the south
and Rambeltsch on the north;
thence
the boundary of the Kreis of Berent westwards to the re-entrant
which it forms 6 kilometres north-north-west Schoneck; thence to a
point on the median line of Lonkener See:
a
line to be fixed on the ground passing north of Neu Fietz and
Schatarpi and south of Barenhutte and Lonken;
thence
the median line of Lonkener See to its northernmost point;
thence
to the southern end of Pollenziner See:
a
line to be fixed on the ground;
thence
the median line of Pollenziner See to its northernmost point;
thence
in a north-easterly direction to a point about 1 kilometre south of
Koliebken church, where the Danzig-Neustadt railway crosses a
stream:
a
line to be fixed on the ground passing south-east of Kamehlen,
Krissau, Fidlin, Sulmin (Richthof), Mattern, Schaferei, and to the
north-west of Neuendorf, Marschau, Czapielken, Hoch- and Klein-Kelpin,
Pulvermuhl, Renneberg, and the towns of Oliva and Zoppot;
thence
the course of the stream mentioned above to the Baltic Sea. The
boundaries described above are drawn on a German map, scale
1/100,000, attached to the present Treaty (Map No. 3).
A
Commission composed of three members appointed by the Principal
Allied and Associated Powers, including a High Commissioner as
President, one member appointed by Germany and one member appointed
by Poland, shall be constituted within fifteen days of the coming
into force of the present Treaty for the purpose of delimiting on
the spot the frontier of the territory as described above, taking
into account as far as possible the existing communal boundaries.
The
Principal Allied and Associated Powers undertake to establish the
town of Danzig, together with the rest of the territory described in
Article 100, as a Free City. It will be placed under the protection
of the League of Nations.
A
constitution for the Free City of Danzig shall be drawn up by the
duly appointed representatives of the Free City in agreement with a
High Commissioner to be appointed by the League of Nations. This
constitution shall be placed under the guarantee of the League of
Nations.
The
High Commissioner will also be entrusted with the duty of dealing in
the first instance with all differences arising between Poland and
the Free City of Danzig in regard to this Treaty or any arrangements
or agreements made thereunder.
The
High Commissioner shall reside at Danzig.
The
Principal Allied and Associated Powers undertake to negotiate a
Treaty between the Polish Government and the Free City of Danzig,
which shall come into force at the same time as the establishment of
the said Free City, with the following objects:
(1)
To effect the inclusion of the Free City of Danzig within the Polish
Customs frontiers, and to establish a free area in the port;
(2)
To ensure to Poland without any restriction the free use and service
of all waterways, docks, basins, wharves and other works within the
territory of the Free City necessary for Polish imports and exports;
(3)
To ensure to Poland the control and administration of the Vistula
and of the whole railway system within the Free City, except such
street and other railways as serve primarily the needs of the Free
City, and of postal, telegraphic and telephonic communication
between Poland and the port of Danzig;
(4)
To ensure to Poland the right to develop and improve the waterways,
docks, basins, wharves, railways and other works and means of
communication mentioned in this Article, as well as to lease or
purchase through appropriate processes such land and other property
as may be necessary for these purposes,
(5)
To provide against any discrimination within the Free City of Danzig
to the detriment of citizens of Poland and other persons of Polish
origin or speech;
(6)
To provide that the Polish Government shall undertake the conduct of
the foreign relations of the Free City of Danzig as well as the
diplomatic protection of citizens of that city when abroad.
On
the coming into force of the present Treaty German nationals
ordinarily resident in the territory described in Article 100 will
ipso facto lose their German nationality in order to become
nationals of the Free City of Danzig.
Within
a period of two years from the coming into force of the present
Treaty, German nationals over 18 years of age ordinarily resident in
the territory described in Article 100 will have the right to opt
for German nationality.
Option
by a husband will cover his wife and option by parents will cover
their children less than 18 years of age.
All
persons who exercise the right of option referred to above must
during the ensuing twelve months transfer their place of residence
to Germany.
These
persons will be entitled to preserve the immovable property
possessed by them in the territory of the Free City of Danzig. They
may carry with them their movable property of every description. No
export or import duties shall be imposed upon upon them in this
connection.
All
property situated within the territory of the Free City of Danzig
belonging to the German Empire or to any German State shall pass to
the Principal Allied and Associated Powers for transfer to the Free
City of Danzig or to the Polish State as they may consider
equitable.
The
proportion and nature of the financial liabilities of Germany and of
Prussia to be borne by the Free City of Danzig shall be fixed in
accordance with Article 254 of Part IX (Financial Clauses) of the
present Treaty.
All
other questions which may arise from the cession of the territory
referred to in Article 100 shall be settled by further agreements.
The
frontier between Germany and Denmark shall be fixed in conformity
with the wishes of the population.
For
this purpose, the population inhabiting the territories of the
former German Empire situated to the north of a line, from East to
West, (shown by a brown line on the map No. 4, annexed to the
present Treaty):
leaving
the Baltic Sea about 13 kilometres east-north-east of Flensburg,
running
south-west so as to pass south-east of: Sygum, Ringsberg, Munkbrarup,
Adelby, Tastrup, Jarplund, Oversee, and northwest of: Langballigholz,
Langballig, Bonstrup, Rullschau, Weseby, Kleinwolstrup, Gross-Solt,
thence
westwards passing south of Frorup and north of Wanderup,
thence
in a south-westerly direction passing south-east of Oxlund,
Stieglund and Ostenau and north-west of the villages on the
Wanderup-Kollund road,
thence
in a north-westerly direction passing south-west of Lowenstedt,
Joldelund, Goldelund, and north-east of Kolkerheide and Hogel to the
bend of the Soholmer Au, about 1 kilometre east of Soholm, where it
meets the southern boundary of the Kreis of Tondern, following this
boundary to the North Sea,passing south of the islands of Fohr and
Amrum and north of the islands of Oland and Langeness, shall be
called upon to pronounce by a vote which will be taken under the
following conditions:
(1)
Within a period not exceeding ten days from the coming into force of
the present Treaty, the German troops and authorities (including the
Oberprasidenten, Regierungs-prasidenten, Landrathe, Amtsvorsteher,
Oberburgermeister) shall evacuate the zone lying to the north of the
line above fixed.
Within
the same period the Workmen's and Soldiers', Councils which have
been constituted in this zone shall be dissolved; members of such
councils who are natives of another region and are exercising their
functions at the date of the coming into force of the present
Treaty, or who have gone out of office since March 1, 1919, shall
also be evacuated.
The
said zone shall immediately be placed under the authority of an
International Commission, composed of five members, of whom three
will be designated by the Principal Allied and Associated Powers;
the Norwegian and Swedish Governments will each be requested to
designate a member; in the event of their failing to do so, these
two members will be chosen by the Principal Allied and Associated
Powers.
The
Commission, assisted in case of need by the necessary forces, shall
have general powers of administration. In particular, it shall at
once provide for filling the places of the evacuated German
authorities, and if necessary shall itself give orders for their
evacuation, and proceed to fill the places of such local authorities
as may be required. It shall take all steps which it thinks proper
to ensure the freedom, fairness, and secrecy of the vote. It shall
be assisted by German and Danish technical advisers chosen by it
from among the local population. Its decisions will be taken by a
majority.
One-half
of the expenses of the Commission and of the expenditure occasioned
by the plebiscite shall be paid by Germany.
(2)
The right to vote shall be given to all persons, without distinction
of sex, who:
(a)
Have completed their twentieth year at the date of the coming into
force of the present Treaty; and
(b)
Were born in the zone in which the plebiscite is taken, or have been
domiciled there since a date before January 1, 1900, or had been
expelled by the German authorities without having retained their
domicile there.
Every
person will vote in the commune (Gemeinde) where he is domiciled or
of which he is a native.
Military
persons, officers, non-commissioned officers and soldiers of the
German army, who are natives of the zone of Schleswig in which the
plebiscite is taken, shall be given the opportunity to return to
their native place in order to take part in the voting there.
(3)
In the section of the evacuated zone lying to the north of a line,
from East to West (shown by a red line on map No. 4 which is annexed
to the present Treaty). [See Introduction]:
passing
south of the island of Alsen and following the median line of
Flensburg Fjord,
leaving
the fjord about 6 kilometres north of Flensburg and following the
course of the stream flowing past Kupfermuhle upstream to a point
north of Niehuus,
passing
north of Pattburg and Ellund and south of Froslee to meet the
eastern boundary of the Kreis of Tondern at its junction with the
boundary between the old jurisdiction of Slogs and Kjaer (Slogs,
Herred, and Kaer Herred),
following
the latter boundary to where it meets the Scheidebek, following the
course of the Scheidebek (AIte Au), Suder Au, and Wied Au downstream
successively to the point where the latter bends northwards about
1,500 metres west of Ruttebull
thence,
in a west-north-westerly direction to meet the North Sea north of
SieItoft,
thence,
passing north of the island of Sylt,
the
vote above provided for shall be taken within a period not exceeding
three weeks after the evacuation of the country by the German troops
and authorities.
The
result will be determined by the majority of votes cast in the whole
of this section. This result will be immediately communicated by the
Commission to the Principal Allied and Associated Powers and
proclaimed.
If
the vote results in favour of the reincorporation of this territory
in the Kingdom of Denmark, the Danish Government in agreement with
the Commission will be entitled to effect its occupation with their
military and administrative authorities immediately after the
proclamation.
(4)
In the section of the evacuated zone situated to the south of the
preceding section and to the north of the line which starts from the
Baltic Sea 13 kilometres from Flensburg and ends north of the
islands of Oland and Langeness, the vote will be taken within a
period not exceeding five weeks after the plebiscite shall have been
held in the first section.
The
result will be determined by communes (Gemeinden), in accordance
with the majority of the votes cast in each commune (Gemeinde).
Pending
a delimitation on the spot, a frontier line will be fixed by the
Principal Allied and Associated Powers according to a line based on
the result of the voting, and proposed by the International
Commission, and taking into account the particular geographical and
economic conditions of the localities in question.
From
that time the Danish Government may effect the occupation of these
territories with the Danish civil and military authorities, and the
German Government may reinstate up to the said frontier line the
German civil and military authorities whom it has evacuated.
Germany
hereby renounces definitely in favour of the Principal Allied and
Associated Powers all rights of sovereignty over the territories
situated to the north of the frontier line fixed in accordance with
the above provisions. The Principal Allied and Associated Powers
will hand over the said territories to Denmark.
A
Commission composed of seven members, five of whom shall be
nominated by the Principal Allied and Associated Powers, one by
Denmark, and one by Germany, shall be constituted within fifteen
days from the date when the final result of the vote is known, to
trace the frontier line on the spot.
The
decisions of the Commission will be taken by a majority of votes and
shall be binding on the parties concerned.
All
the inhabitants of the territory which is returned to Denmark will
acquire Danish nationality ipso facto, and will lose their German
nationality.
Persons,
however, who had become habitually resident in this territory after
October 1, 1918, will not be able to acquire Danish nationality
without permission from the Danish Government.
Within
two years from the date on which the sovereignty over the whole or
part of the territory of Schleswig subjected to the plebiscite is
restored to Denmark:
Any
person over 18 years of age, born in the territory restored to
Denmark not habitually resident in this region, and possessing
German nationality, will be entitled to opt for Denmark;
Any
person over 18 years of age habitually resident in the territory
restored to Denmark will be entitled to opt for Germany.
Option
by a husband will cover his wife and option by parents will cover
their children less than 18 years of age.
Persons
who have exercised the above right to opt must within the ensuing
twelve months transfer their place of residence to the State in
favour of which they have opted.
They
will be entitled to retain the immovable property which they own in
the territory of the other State in which they were habitually
resident before opting. They may carry with them their movable
property of every description. No export or import duties may be
imposed upon them in connection with the removal of such property.
The
proportion and nature of the financial or other obligations of
Germany and Prussia which are to be assumed by Denmark will be fixed
in accordance with Article 254 of Part IX (Financial Clauses) of the
present Treaty.
Further
stipulations will determine any other questions arising out of the
transfer to Denmark of the whole or part of the territory of which
she was deprived by the Treaty of October 30, 1864.
The
fortifications, military establishments, and harbours, of the
Islands of Heligoland and Dune shall be destroyed under the
supervision of the Principal Allied Governments by German labour and
at the expense of Germany within a period to be determined by the
said Governments.
The
term "harbours,, shall include the north-east mole, the west
wall, the outer and inner breakwaters, and reclaimed land within
them, and all naval and military works, fortifications, and
buildings, constructed or under construction, between lines
connecting the following positions taken from the British Admiralty
chart No. 126 of April 19, 1918:
(a)
lat. 54° 10' 49" N.; long. 7° 53' 39" E.; (b) 54° 10'
35" N.; 7° 54'
18" E.; (c) 54° 10' 14" N.;
7° 54' 00" E.; (d) 54° 10' 17" N.; 7° 53' 37" E.; (e) 54° 10' 44" N.;
7° 53' 26" E.
These
fortifications, military establishments, and harbours shall not be
reconstructed nor shall any similar works be constructed in future.
Germany
acknowledges and agrees to respect as permanent and inalienable the
independence of all the territories which were part of the former
Russian Empire on August 1, 1914.
In
accordance with the provisions of Article 259 of Part IX (Financial
Clauses) and Article 292 of Part X (Economic Clauses) Germany
accepts definitely the abrogation of the Brest-Litovsk Treaties and
of all other treaties, conventions, and agreements entered into by
her with the Maximalist Government in Russia.
The
Allied and Associated Powers formally reserve the rights of Russia
to obtain from Germany restitution and reparation based on the
principles of the present Treaty.
Germany
undertakes to recognise the full force of all treaties or agreements
which may be entered into by the Allied and Associated Powers with
States now existing or coming into existence in future in the whole
or part of the former Empire of Russia as it existed on August 1,
1914, and to recognise the frontiers of any such States as
determined therein.
Mandates
in Africa
[see
Map]
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