Treaty of Lausanne/Part IV

Part IV&mdash;Communications and sanitary questions

Article 101
Turkey undertakes to adhere to the Convention and to the Statute respecting the Freedom of Transit adopted by the Conference of Barcelona on the 14th April, 192I, as well as to the Convention and the Statute respecting the regime for waterways of international interest adopted by the said Conference on the 19th April, 1921, and to the supplementary Protocol.

Turkey accordingly undertakes to bring into force the provisions of these Conventions, Statutes and Protocol as from the entry into force of the present Treaty.

Article 102
Turkey undertakes to adhere to the Declaration of Barcelona. dated the 20th April, 1921, "recognising the rights of the flag of States not possessing a sea-board."

Article 103
Turkey undertakes to adhere to the recommendations of the Conference of Barcelona, dated the 20th April, 1921, respecting ports placed under an international regime. Turkey will subsequently make known those ports which will be placed under that regime.

Article 104
Turkey undertakes to adhere to the recommendations of the Conference of Barcelona, dated the 20th April, 1921, respecting international railways. These recommendations will be brought into force by the Turkish Government on the coming into force of the present Treaty and subject to reciprocity.

Article 105
On the coming into force of the present Treaty, Turkey agrees to subscribe to the Conventions and arrangements signed at Berne on October 14, 1890, September 20, 1893, July I6, 1895, June 16, 1898, and September 19, 1906, regarding the transportation of goods by rail.

Article 106
When, as a result of the fixing of new frontiers, a railway connection between two parts of the same country crosses another country, or a branch line from one country has its terminus in another, the conditions of working, in so far as concerns the traffic between the two countries, shall, subject to any special arrangements, be laid down in an agreement to be concluded between the railway administrations concerned. If these administrations cannot come to an agreement as to the terms of such agreement, those conditions shall be decided by arbitration.

The establishment of all new frontier stations between Turkey and the neighbouring States, as well as the working of the lines between those stations, shall be settled by agreements similarly concluded.

Article 107
Travellers and goods coming from or destined for Turkey or Greece, and making use in transit of the three sections of the Oriental Railways included between the Grseco-Bulgarian frontier and the Grceco-Turkish frontier near Kuleli-Burgas, shall not be subject, on account of such transit, to any duty or toll nor to any formality of examination in connection with passports or customs.

A Commissioner, who shall be selected by the Council of the League of Nations, shall ensure that the stipulations of this Article are carried out.

The Greek and Turkish Governments shall each have the right to appoint a representative to be attached to this Commissioner; this representative shall have the duty of drawing the attention of the Commissioner to any question relating to the execution of the above-mentioned stipulations, and shall enjoy all the necessary facilities to enable him to accomplish his task. These representatives shall reach an agreement with the Commissioner as to the number and nature of the subordinate staff which they will require.

It shall be the duty of the said Commissioner to submit, for the decision of the Council of the League of Nations, any question relating to the execution of the said stipulations which he may not have been able to settle. The Greek and Turkish Governments undertake to carry out any decision given by the majority vote of the said Council.

The salary of the said Commissioner, as well as the expenses of his work, shall be borne in equal parts by the Greek and Turkish Governments.

In the event of Turkey constructing later a railway line joining Adrianople to the line between Kuleli-Burgas and Constantinople, the stipulations of this Article shall lapse in so far as concerns transit between the points on the Graoco-Turkish frontier lying near Kuleli-Burgas and Bosna-Keuy respectively.

Each of the two interested Powers shall have the right, after five years from the coming into force of the present Treaty, to apply to the Council of the League of Nations with a view to deciding whether it is necessary that the control mentioned in paragraphs 2 to 5 of the present Article should be maintained. Nevertheless, it remains understood that the stipulations of paragraph I shall remain in force for transit over the two sections of the Oriental Railways between the Graeco-Bulgarian frontier and Bosna-Keuy.

Article 108
Subject to any special provisions concerning the transfer of ports and railways, whether owned by the Turkish Government or private companies, situated in the territories detached from Turkey under the present Treaty, and similarly subject to any agreements which have been, or may be, concluded between the Contracting Powers relating to the concessionnaries and the pensioning of the personnel, the transfer of railways will take place under the following conditions:

(I) The works and installations of all the railroads shall be left complete and in as good condition as possible;

(2) When a railway system possessing its own rolling-stock is situated in its entirety in transferred territory, such stock shall be left complete with the railway, in accordance with the last inventory before the 30th October, 1918;

(3) As regards lines, the administration of which will in virtue of the present Treaty be divided, the distribution of the rolling-stock shall be made by friendly agreement between the administrations taking over the several sections thereof. This agreement shall have regard to the amount of the material registered on those lines in the last inventory before the 30th October, 1918, the length of the track (sidings included) and the nature and amount of the traffic. Failing agreement, the points in dispute shall be settled by arbitration. The arbitral decision shall also, if necessary, specify the locomotives, carriages and wagons to be left on each section, the conditions of their acceptance and such provisional arrangements as may be judged necessary to ensure for a limited period the current maintenance in existing workshops of the transferred stock;

(4) Stocks of stores, fittings and plant shall be left under the same conditions as the rolling-stock.

Article 109
In default of any provisions to the contrary, when as the result of the fixing of a new frontier the hydraulic system (canalisation, inundation, irrigation, drainage or similar matters) in a State is dependent on works executed within the territory of another State, or when use is made on the territory of a State, in virtue of pre-war usage, of water or hydraulic power, the source of which is on the territory of another State, an agreement shall be made between the States concerned to safeguard the interests and rights acquired by each of them.

Failing an agreement, the matter shall be regulated by arbitration.

Article 110
Roumania and Turkey will come to an agreement as to an equitable arrangement for the working conditions of the Constanza-Constantinople cable. Failing agreement, the matter shall be settled by arbitration.

Article 111
Turkey renounces on her own behalf and on behalf of her nationals all rights, titles or privileges of whatsoever nature over the whole or part of such cables as no longer land on her territory.

If the cables or portions thereof transferred under the preceding paragraph are privately owned, the Governments to which this property is transferred will have to indemnify the owners. Failing agreement respecting the amount of indemnity, this amount will be fixed by arbitration.

Article 112
Turkey will retain the rights of property which she may already possess over those cables of which at least one end remains in Turkish territory.

The exercise of the landing rights of the said cables in non-Turkish territory and their working conditions shall be settled in a friendly manner by the States concerned. Failing agreement, the dispute will be settled by arbitration.

Article 113
Each of the High Contracting Parties hereby accepts, in so far as it is concerned, the abolition of foreign post offfices in Turkey.

Article 114
The Superior Council of Health of Constantinople is abolished. The Turkish Administration is entrusted with the sanitary organisation of the coasts and frontiers of Turkey.

Article 115
A single sanitary tariff, the dues and conditions of which shall be fair, shall be applied to all ships without distinction between the Turkish flag and foreign flags, and to nationals of foreign Powers under the same conditions as to nationals of Turkey.

Article 116
Turkey undertakes to respect entirely the right of the sanitary employees whose services have been terminated to compensation to be appropriated out of the funds of the former Superior Council of Health of Constantinople, and all other rights acquired by employees or former employees of the Council, or their representatives. All questions relating to such rights, to the employment of the reserve funds of the former Superior Council of Health of Constantinople, or to the final liquidation of the former sanitary administration, as well as all other similar or cognate questions, shall be regulated by a Commission ad hoc which shall be composed of a representative of each of the Powers represented on the Superior Council of Health of Constantinople except Germany, Austria and Hungary. In the event of disagreement between the members of the said Commission on a question relating to the above-mentioned liquidation, or the employment of the funds remaining after the liquidation, every Power represented on the Commission shall have the right to bring the matter to the notice of the Council of the League of Nations, whose decision shall be final.

Article 117
Turkey and those Powers which are interested in the supervision of the pilgrimages to Jerusalem and to the Hedjaz and the Hedjaz railway shall take such measures as are appropriate in accordance with the provisions of international sanitary conventions. With a view to ensuring complete uniformity in the execution of these measures, these Powers and Turkey shall constitute a Sanitary Coordination Commission for pilgrimages, on which the sanitary service of Turkey and the Maritime Sanitary and Quarantine Council of Egypt shall be represented.

This Commission must obtain the previous consent of the State on whose territory it holds its meeting.

Article 118
Reports on the work of the Pilgrimage Coordination Commission shall be addressed to the Health Committee of the League of Nations and to the International Office of Public Health, and also to the Government of each country which is interested in pilgrimages and makes a request therefor. The Commission will give its opinion on every question put to it by the League of Nations, by the International Office of Public Health, or by the interested Governments.