840.50/7–1544: Telegram
The Secretary of State to the Ambassador in the United Kingdom (Winant)
5567. Department has approved the draft directive to Interim Commission on European Inland Transport and approved in substance the report and the draft agreement subject to amendments indicated below, with a few possible additions which do not affect the substance. You will be promptly notified of these, probably shortly after July 19. Amendments to draft EITO agreement follow:
Article II, lines 2 and 3. Delete “upon application for membership”. This phrase is regarded as unnecessary in as much as any government seeking membership in the Organization would indicate its desire informally. Moreover such government would not be obliged [Page 765] to jeopardize its prestige as it would were formal application made and rejected by the Council.
Article III, paragraph 5, line 3. Interpolate “for their” before “administrative capacity”. In second paragraph of paragraph 5, substitute “confirmation” for “ratification”.
Article VI, paragraph 1, lines 2 and 3. Delete the commas around “under the authority of any member Government”.
Article VI, paragraph 3, line 2. Add “in Continental Europe” after “territory” in order explicitly to limit the activities of the Organization to the European region.
Article VI, paragraph 4, line 2. Interpolate “ex-enemy” after “any” in the interest of clarity.
Article VII, paragraph 11. Interpolate “inauguration”, before “maintenance or resumption”. This is desirable in as much as it may seem expedient to EITO to have new international arrangements for through workings of railways in place of previously existing arrangements.
Article VII, paragraph 12. At end of first sentence interpolate “on and between the several waterways, their tributaries and connecting canals”. This is necessary to make it clear to all concerned that the international regimes to be established for the several international waterways will have jurisdiction over the navigable tributaries and connecting waterways. A provision of this nature was incorporated in Part 12 in the treaties of Versailles6 and was found to be very useful when a test case was made in connection with the navigation of the Oder River before the Permanent Court of International Justice. Unless such a clause is inserted, it will not be altogether clear that the international regimes will have such jursidiction.
Article VII, paragraph 14. Interpolate at the end of the paragraph “and of the general well-being of the nations”, in order to exclude any autarchic implications.
Article VIII, paragraph 5, line 2. Interpolate “in Continental Europe” after “movement of traffic”.
Article VIII, paragraph 6, line 2. Interpolate “in Continental Europe” after “territory”.
Article IX. The following substitute text for both paragraphs of Article IX is proposed as more suitable for inclusion in the agreement, and is in keeping with current thought in the Department on the relationship of specialized organizations to the proposed general international Organization. “The Organization shall be related to any general international organization to which may be entrusted the coordination of the activities of international organizations with specialized responsibilities.”
[Page 766]Article IX, paragraph 2 should be deleted, since the functions of the Council are specified in other Articles. This paragraph, as written, is confusing.
Article XI, paragraph 1, line 4. Interpolate “after the expiry of 18 months” after “member Government”.
Article XIII, line 2. Delete “only” and insert “only” after “terminated” in line 3.
Article XIV. Interpolate a new Section (i) and renumber the present Sections (i) through (v) accordingly. New Section (i) to read “The term ‘inland transport’ shall comprise all forms of transportation listed in Article X of this agreement.”
Article XIV former Section (i) (a), line 2. Interpolate “specifically intended and” before “required for use”. The purpose of the subject is to limit the scope of the provision explicitly to items properly within the province of the Organization.
Article XIV, former Section (i) (b), line 1. Interpolate “specifically intended and required” after “material”.
Article XIV, former Section (i), (c). Delete “manufacture or production” in second line. The Department believes that the text of the draft is too broad in its grant of power.
Article XIV, former Section (2) (c). Interpolate “in continental Europe” after “to be moved”.
It is anticipated that the above proposed amendments will be approved, but the possibility of changes or additional amendments in the draft agreement or draft directive is not excluded.