2. Protocol signed by Germany at Paris, January 10, 1920

Protocol Signed by Germany January 10, 1920 at Paris 1

At the moment of proceeding to the first deposit of ratifications of the Treaty of Peace, it is placed on record that the following obligations, which Germany had undertaken to execute by the Armistice Conventions and supplementary Agreements, have not been executed or have not been completely fulfilled:

(1) Armistice Convention of November 11, 1918, Clause VII; obligation to deliver 5,000 locomotives and 150,000 wagons. 42 locomotives and 4,460 wagons are still to be delivered;

Note to (1)

The armistice convention of November 11, 1918 is printed in Treaties, Conventions, etc., 1910–23, iii, 3307.

For record of the instruments of the armistice, see article 238.

(2) Armistice Convention of November 11, 1918, Clause XII; obligation to withdraw the German troops in Russian territory within the frontiers of Germany, as soon as the Allies shall think the moment suitable. The withdrawal of these troops has not been effected, despite the reiterated instructions of August 27, September 27 and October 10, 1919;

Note to (2)

The Commander in Chief of the Allied and Associated Powers on August 27, 1919 informed the German military authorities that the time had come to evacuate German troops from Russian territory and put them on notice to act forthwith. On September 27 the Allied and Associated Governments addressed to the German Government through their Commander in Chief a note denying the arguments of a German note of September 3 that it was unable to impose obedience on its troops in the Baltic region. The German Government was invited to proceed immediately, and to continue without interruption, with the evacuation of all German troops, including staffs and services, and to repatriate any military personnel which had joined organized Russian corps after demobilization.

The Allied and Associated Governments denied German requests to victual and finance the evacuation.

On October 10 the Inter-Allied Naval Commission canceled the permit of free navigation for German ships as a result of the attack on Riga. This was relaxed on the 27th for fishing and small vessels. [Page 744] The Inter-Allied Commission for the Baltic Provinces went to Berlin on November 5. The German Government on November 10 asked for a return to the conditions for navigation prevailing before October 10.

(3) Armistice Convention of November 11, 1918, Clause XIV; obligation to cease at once all requisitions, seizures or coercive measures in Russian territory. The German troops have continued to have recourse to such measures;

(4) Armistice Convention of November 11, 1918, Clause XIX; obligation to return immediately all documents, specie, stocks, shares, paper money, together with plant for the issue thereof, affecting public or private interests in the invaded countries. The complete lists of specie and securities carried off, collected or confiscated by the Germans in the invaded countries have not been supplied;

(5) Armistice Convention of November 11, 1918, Clause XXII; obligation to surrender all German submarines. Destruction of the German submarine U. C. 48 off Ferrol by order of her German commander, and destruction in the North Sea of certain submarines proceeding to England for surrender;

(6) Armistice Convention of November 11, 1918, Clause XXIII; obligation to maintain in Allied ports the German warships designated by the Allied and Associated Powers, these ships being intended to be ultimately handed over. Clause XXXI; obligation not to destroy any ship before delivery. Destruction of the said ships at Scapa Flow on June 21, 1919;

(7) Protocol of December 17, 1918, Annex to the Armistice Convention of December 13, 1918; obligation to restore the works of art and artistic documents carried off in France and Belgium. All the works of art removed into the unoccupied parts of Germany have not been restored;

Note to (7)

The armistice convention of December 13, 1918 is printed in Treaties, Conventions, etc., 1910–23, iii, 3315.

The final protocol of the Financial Subcommission of the Permanent Inter-Allied Armistice Commission dated at Spa, December 1, 1918 made provision for the restoration of valuables and objects of art as well as of securities. The financial protocol accompanying the renewal of the armistice at Trier (Trèves) December 13, 1918 [Page 745] set forth those obligations concerning tangibles which were incumbent on Germany. The President of the Permanent Inter-Allied Armistice Commission (P.I.A.C.) on December 17, 1918 transmitted to the President of the German Armistice Commission (Deutscher Waffenstillstandkommission, or WAKO) a procès-verbal on “conditions for executing restitution of works of art” (P.I.A.C. 110G), which was regarded as an annex to the financial protocol of December 13, 1918. The German Commission in a letter of December 19 (Wako 3116), sought to obtain certain changes in that procès-verbal, chief among which were relaxation of demands on account of German merit in having saved much of artistic value from artillery fire and confinement of restitution to “objects taken or collected in invaded countries”. These claims seem not to have been formally accepted.

(8) Armistice Convention of January 16, 1919, Clause III and Protocol 392/1 Additional Clause III of July 25, 1919; obligation to hand over agricultural machinery in the place of the supplementary railway material provided for in Tables 1 and 2 annexed to the Protocol of Spa of December 17, 1918. The following machines had not been delivered on the stipulated date of October 1, 1919. 40 “Heucke” steam plough outfits; all the cultivators for the outfits; all the spades; 1,500 shovels; 1,130 T.F. 23/26 ploughs; 1,765 T.F. 18/21 ploughs; 1,512 T.F. 23/26 ploughs; 629 T.F. o m. 20 Brabant ploughs; 1,205 T.F. o m. 26 Brabant ploughs; 4,282 harrows of 2 k. 500; 2,157 steel cultivators; 966 2 m. 50 manure distributors; 1,608 3 m. 50 manure distributors;

Note to (8)

The armistice convention of January 16, 1919 is printed in Treaties, Conventions, etc., 1910–23, iii, 3323.

The Spa protocol of December 17, 1918 provided for execution of clause IV a and b of note 2 annexed to the armistice convention of November 11, 1918 (ibid., p. 3314). In the files of the Permanent Inter-Allied Armistice Commission it is P.I.A.C. 117/T and is appendix H of the Report of the American Section of the P.I.A.C. dated March 13, 1919. P.I.A.C. Protocol 392/T is a protocol of the Subcommission for Delivery of Agricultural Machines, Spa, April 29, 1919, which established prices for such machinery at the mean average of April 1, 1914 and 1919. Owing to the pressing need for agricultural machinery, certain of the obligations of Germany [Page 746] for delivering railway material were transferred to agricultural implements.

Continued execution was provided in part VIII, annex IV, paragraph 7, of the treaty of peace.

(9) Armistice Convention of January 16, 1919, Clause VI; obligation to restore the industrial material carried off from French and Belgian territory. All this material has not been restored;

(10) Convention of January 16, 1919, Clause VIII; obligation to place the German merchant fleet under the control of the Allied and Associated Powers. A certain number of ships whose delivery had been demanded under this clause have not yet been handed over;

(11) Protocols of the Conferences of Brussels of March 13 and 14, 1919; obligation not to export war material of all kinds. Exportation of aeronautical material to Sweden, Holland and Denmark.

Note to (11)

The protocols of the conference of Brussels of March 13 and 14, 1919 are printed in Der Waffenstillstand, 1918–19, ii, 179.

A certain number of the above provisions which have not been executed or have not been executed in full have been renewed by the Treaty of June 28, 1919, whose coming into force will ipso facto render the sanctions there provided applicable. This applies particularly to the various measures to be taken on account of reparation.

Further, the question of the evacuation of the Baltic provinces has been the subject of an exchange of notes and of decisions which are being carried out. The Allied and Associated Powers expressly confirming the contents of their notes, Germany by the present Protocol undertakes to continue to execute them faithfully and strictly.

Finally, as the Allied and Associated Powers could not allow to pass without penalty the other failures to execute the Armistice Conventions and violations so serious as the destruction of the German fleet at Scapa Flow, the destruction of U. C. 48 off Ferrol and the destruction in the North Sea of certain submarines on their way to England for surrender, Germany undertakes:

(1) A. To hand over as reparation for the destruction of the German fleet at Scapa Flow: [Page 747]

(a)

Within 60 days from the date of the signature of the present Protocol and in the conditions laid down in the second paragraph of Article 185 of the Treaty of Peace the five following light cruisers:

• Königsberg,
• Pillau,
• Graudenz,
• Regensburg,
• Strassburg.

(b)

Within 90 days from the date of the signature of the present Protocol, and in good condition and ready for service in every respect, such a number of floating docks, floating cranes, tugs and dredgers, equivalent to a total displacement of 400,000 tons, as the Principal Allied and Associated Powers may require. As regards the docks, the lifting power will be considered as the displacement. In the number of docks referred to above there will be about 75 per cent. of docks over 10,000 tons. The whole of this material will be handed over on the spot;

B. To deliver within 10 days from the signature of the present Protocol a complete list of all floating docks, floating cranes, tugs and dredgers which are German property. This list, which will be delivered to the Naval Inter-Allied Commission of Control referred to in Article 209 of the Treaty of Peace, will specify the material which on November 11, 1918, belonged to the German Government or in which the German Government had at that date an important interest;

C. The officers and men who formed the crews of the warships sunk at Scapa Flow and who are at present detained by the Principal Allied and Associated Powers will, with the exception of those whose surrender is provided for by Article 228 of the Treaty of Peace, be repatriated at latest when Germany has carried out the provisions of Paragraphs A. and B. above;

D. The destroyer B. 98 will be considered as one of the 42 destroyers whose delivery is provided for by Article 185 of the Treaty of Peace;

(2) To hand over within 10 days from the signature of the present Protocol the engines and motors of the submarines U. 137 and U. 138 as compensation for the destruction of U.C. 48;

(3) To pay to the Allied and Associated Governments before January 31, 1920, the value of the aeronautical material exported, in accordance with the decision which will be given and the valuation which will be made and notified by the Aeronautical Inter-Allied Commission of Control referred to in Article 210 of the Treaty of Peace.

[Page 748]

In the event of Germany not fulfilling these obligations within the periods laid down above, the Allied and Associated Powers reserve the right to take all military or other measures of coercion which they may consider appropriate.

Done at Paris, the tenth day of January, one thousand nine hundred and twenty, at four o’clock p.m.

V. Simson.

Freiherr von Lersner.

Note

TIME LIMITS OF THE TREATY OF PEACE WITH GERMANY, SIGNED AT VERSAILLES, JUNE 28, 1919: IN FORCE JANUARY 10, 1920, 4:15 p.m. W.E.T.1

[Page 749][Page 750][Page 751][Page 752][Page 753][Page 754]

Period	Subject
10 days	Schleswig: evacuation of plebiscite zone and dissolution of Workmen’s and Soldiers’ Councils there
do.	Do.: International
15 days	Boundary Commission, Belgium
do.	Do.: Saar Basin
do.	Do.: Czecho-Slovak State and Poland
do.	Do.: Poland and Germany
do.	Upper Silesia: evacuation of plebiscite area and dissolution of Workmen’s and Soldiers’ Councils there
do.	Prussia, East: Allenstein plebiscite: evacuation of zone
do.	Do.: do.: International Commission
do.	Prussia, East: Marienburgplebiscite: evacuation of zone
do.	Do.: do.: International Commission
do.	Boundary Commission, Danzig
15 days from result of plebiscite	Schleswig: constitution of Delimitation Commission
3 weeks	Strasburg-Kehl: constitution of port of
3 weeks after evacuation	Do.: plebiscite in first zone
1 month after notification of result of plebiscite	Upper Silesia: administration by authorities indicated by plebiscite
1 month	Submarines, etc., handed to P.A. and A.P.
1 month after notification of limitation	Naval war material: surrender of excess
1 month	Gold deposit of Ottoman Public Debt in Reichsbank: transfer of
do.	Gold deposit of Ottoman Public Debt in Reichsbank (advance to Ottoman Government): transfer of
do.	Gold deposit against loans to Austria-Hungary: transfer of
1 month after ratification	Enemy debts: notification of adoption of art. 296
1 month	Property of nationals of A. or A.P. in German territory: information
do.	Rhine plans of Alsace-Lorraine or Baden: handing over
5 weeks after plebiscite in first zone	Schleswig: plebiscite in second zone
60 days	Animals and articles to be replaced
60 days after receipt of particulars	Reparation: option of Commission on dyestuffs and chemical drugs
2 months	League of Nations: accessions
do.	Armaments: reduction of
do.	Do.: surrender of excess
do.	Military schools: reduction of
do.	Rhine forts, etc.: disarmament
do.	Naval forces: reduction
do.	Naval personnel: reduction
do.	Warships: surrender
do.	Coast zone: limitation of munitions
do.	Air force: demobilisation
do.	Shipping: delivery of
do.	Do.: restitution
2 months after notification	Rhine waterway: French right to occupy lands on right bank for navigation works
do.	Rhine-Meuse Canal: Belgian right to occupy lands
3 months	Shantung: handing over of archives and information as to treaties etc.
3 months and every 3 months up to Mar. 31, 1920	Army: reductions in personnel and material
3 months	Do.: reduction of munition factories
do.	Do.: disclosure of materials used in war
do.	Submarines: destruction of certain classes
do.	Wireless telegraph stations: limitation of use and prohibition of new construction
do.	Do.: do.: control of German stations at Nauen, Hanover, Berlin
do.	Air materials: delivery
do.	Military, naval, aerial legislation: modification
do.	Shipbuilding for reparation: notification of program for 2 years
do.	Livestock: delivery to France and Belgium
3 months after demand	Louvain: reparation in kind to Library
3 months after notification	Enemy debts: constitution of clearing offices
3 months	Property of nationals of A. and A.P. in Germany exempt from taxation of capital
do.	Prescription: suspension of periods of
3 months after cessation of war measures	Negotiable instruments: resumption of periods of prescription
3 months	Do.: acceptance, non-acceptance, protest
do.	Fire insurance contracts: continuance
do.	Life insurance contracts: restoration
do.	Do., cancellation
do.	Reinsurance contracts: continuance
do.	Mixed Arbitral Tribunal
do.	Social and state insurance: conventions in regard to transfer of reserves in ceded territory
3 months after appointment of Commission	Do.: submission of recommendations to Council of League of Nations
3 months after notification	Ports of the Elbe, Oder, Niemen, Danube: cession of boats, etc.
3 months	Elbe, international commission
do.	Oder, international commission
3 months after request	Niemen Commission: constitution of
3 months after notification	Ports of Rhine: cession of boats, etc.
4 months from disarmament	Fortifications: dismantlement of certain
6 months	Eupen and Malmedy: plebiscite
do.	Alsace-Lorraine: notification of contracts to be canceled
do.	Aircraft, etc.: manufacture and importation forbidden in Germany
do.	French trophies, archives, etc.: restitution
do.	Koran of Othman: do.
do.	Skull of Mkwawa: do.
do.	Belgian works of art: do.
do.	German interests in Russia, China, Turkey, Austria, Hungary, Bulgaria, or former German territory: communication to Reparation Commission
6 months after demand	Do.: transfer to Reparation Commission
6 months	Import duties in Germany: limitation
do.	Treaties: notification of bilateral treaties to remain in force
6 months after creation of clearing offices	Enemy debts: notification of credits to Creditor Clearing Office
6 months	German-held securities, etc., in A. and A.S.: surrender
do.	Currency, rate of exchange, interest: notification to Germany
do.	Enemy contracts: notification of those to be revived
do.	Patents, trade-marks, etc., priority: extension of period for registration, etc.
do.	Property, industrial and intellectual: extension of licenses
do.	Central Rhine Commission: revision of Mannheim Convention
do.	Labour: nomination of Commission of Enquiry
Between 6 and 18 months after establishment of Commission	Upper Silesia: plebiscite
Within 12 months of opting	Ceded territories: nationality optants to remove to own country within 12 months of opting:— Belgium Czecho-Slovak State Danzig Poland Schleswig
12 months	Astronomical instruments: restoration to China
do.	Opium convention put into force
do.	Life insurance contracts: right to claim surrender value
1 year after default	Saar Basin Mines: Reparation Commission to liquidate mines repurchased by Germany if she fails to pay
1 year	Alsace-Lorraine: claims to French nationality
do.	Communications, Poland, Germany, Danzig, etc.: conclusion of convention
do.	German rights, etc., in Russia, China, Turkey, Austria, Hungary, Bulgaria, etc.: German Government to acquire compulsorily
do.	Restitution: notification of property, rights, etc., claimed
do.	Industrial property: preservation of rights acquired or resulting from before August 1914
do.	Industrial and intellectual property: sale without incurring penalties
do.	Danube statute: conference to settle
do.	Cession of river plants at Rotterdam and on Rhine: arbitration by United States
1 year and annually	Reparation: coal deliveries to Luxemburg as settled by Commission
2 year	Belgium: nationality option for inhabitants of ceded territory
do.	Czecho-Slovak State: do.
do.	Poland: do.
2 years after plebiscite settlement	Upper Silesia: nationality option
2 years	Danzig: nationality option for inhabitants of ceded territory
2 years after plebiscite settlement	Schleswig: nationality option
2 years	Shipbuilding for reparation: notification of program for 3 years at end of first 2 years
do.	Patents, trade-marks, &c.: extension of time for working or using
36 months	Import duties in Germany: limitation
3 years from Nov. 11, 1918	Alsace-Lorraine: residence qualification for naturalisation
3 years	Reparation: delivery of coal products to France for 3 years
do.	Free entry for Polish goods for 3 years (amount fixed annually)
4 years	Economic clauses: decision of Council of League of Nations as to prolongation over 5 years of Germany’s obligations under arts. 264–272
5 years	Free entry of Saar Basin goods for 5 years
do.	Importation of Saar Basin goods into France: quantities to be admitted containing proportion of German products
5 years (renewable)	Alsace-Lorraine: free importation of goods into Germany
5 years	Do.: free export and reimportation of German textiles to be worked in Alsace-Lorraine
do.	Free entry of Luxemburg goods for 5 years (amount fixed annually)
do.	Economic clauses: Germany’s obligations under arts. 264–272
do.	Radio-telegraph convention: if any, obligatory on Germany
do.	Rhine: right of denunciation of agreements between Alsace-Lorraine and Baden
do.	Railway transport convention: if any, obligatory on Germany
do.	Railway, Schlauney and Nachod: construction at request of Czecho-Slovak State
do.	Ports, waterways, railways conventions: if any, obligatory on Germany
After 5 years	Occupation of the Rhine: evacuation of Cologne district
do.	Ports, waterways, railways: reciprocity to be given
do.	Do.: revision by Council of League of Nations of certain provisions
5 years after first 3 months	Shipbuilding for reparation
After 6 years	Strasburg-Kehl: prolongation of temporary régime
10 years	Alsace-Lorraine: continuance, for 10 years, of supply of electric power from German stations
do.	Reparation: delivery of coal to France for 10 years
do.	Do.: delivery of coal to Belgium for 10 years
do.	Do.: delivery of coal to Italy for 10 years
do.	Railways: continuous brake on goods trains
do.	St. Gothard railway: denunciation of convention
After 10 years	Occupation of the Rhine: evacuation of Coblenz district
Every 10 years	Free zones of Hamburg and Stettin: revision of conditions
12 years	Ottoman Public Debt: annual gold payments for 12 years
15 years	Upper Silesia: exportation of coal to Germany for 15 years
do.	Occupation of Rhine provinces for 15 years
After 15 years	Saar Basin: plebiscite
do.	Occupation of the Rhine: evacuation of remainder of German territory
25 years	Rhine-Meuse Canal: Germany to construct her portion if desired
30 years from May 1, 1921	Reparation to be completed
Before Oct. 1919	Labour Conference: invitation to first
Up to Oct. 1, 1919	German aircraft and personnel: use in searching for submarine mines
Oct. 1919	Labour Conference: first meeting
Up to Dec. 31, 1919	Reparatión: delivery of lists of reconstruction materials to be supplied by Germany
Up to Mar. 31, 1920	Army: limitation of German forces and armaments and notification of stocks
Up to Apr. 30, 1921	Reparation: payment of 20,000 million gold marks or equivalent
Up to May 1, 1921	Do.: notification of Germany’s total obligations
do.	Do.: gold not to be exported without consent of Commission
Up to Jan. 1, 1923	Aerial navigation: final limit of obligations of Germany