Doc. No. 15 (P).
Memorandum (Observations on Art. 10 of the Draft Peace Treaty With Italy)
Article 10
In its statement made in Paris on May 30th, 1946, to the Deputies of the Ministers of Foreign Affairs, the Italian Government undertook to study arrangements, which should be as comprehensive as possible, for facilitating rail and road traffic, and also frontier transit, in order to develop Italian means of communication between the North and East Tyrol.
[Page 133]The Italian Government is therefore prepared to revive, extend and complete the railway and customs agreements previously in force between Italy and Austria, which Austria herself allowed to lapse, after 1932, stating that, owing to the electrification of the Tauri line, there was no further point in routing traffic over the Italian section of Brenner-Fortezza-San Candido.
Following the undertaking given, the Italian Government has already forwarded to the Austrian Government, through the Representative of Italy in Vienna, a draft Railway Convention (Annex A) providing that passenger and freight traffic from the other side of the Brenner, routed to a destination beyond San Candido, or similar traffic in the opposite direction, may be operated by Italian or Austrian personnel and material. Passengers would be able to pass in transit without presenting a passport, and freight would be subject to no customs formalities. At the same time, the Austrian Government has been informed that a senior Italian official is prepared to proceed to Vienna for the final drafting of this agreement and in order to submit similar proposals with regard to road traffic between the Brenner and San Candido.
It is, therefore, quite clear, not only that the Italian Government has no objections to the tenor of Art. 10 of the Treaty, but that it approves this Article, as a special provision, consonant with the whole series of far more comprehensive arrangements, already in operation or about to be put in operation to meet the requirements of the German-speaking minorities in the Upper Adige and to establish relations between Italy and Austria on a basis of constructive collaboration between the two countries.
In that same statement of May 30th, 1946, the Italian Government declared that it was firmly resolved that the Upper Adige should become the best possible example of the way in which peaceful and useful collaboration could be brought about between two racially distinct groups, by giving an equitable and liberal solution for a whole series of problems of long standing and by guaranteeing to the German-speaking populations that their traditions and special interests would be safeguarded. Thus, the Italian Government has already provided for a bilingual system of education, the use of both languages in government offices and documents and the names of localities, and the reintroduction of the German form of recently Italianized names. Pending the forth-coming free municipal elections, the Italian Government has appointed German-speaking mayors and town councillors in all communes with a German majority. The Italian Government has also decided to admit German-speaking employees [Page 134] in government offices and has instituted special preparatory courses for their benefit.
As regards the problem of optants for German nationality, the Italian Government has agreed in principle to revision of the 1939 options, including those who have in the interval formally acquired German nationality. The text of the relevant law, already prepared by the Government, is now undergoing final revision, with the collaboration of German-speaking elements, in order to facilitate the recovery of Italian nationality in a spirit of far-reaching tolerance.
In collaboration with the Tiroler Volkspartei which represents the aspirations of the German-speaking population, the Italian Government is preparing a bill, for submission to the Constituent Assembly, granting the Upper Adige the most liberal form of administrative autonomy, on the model of that recently granted to the Valley of Aosta.
All these arrangements, already made or in process of being made, not only represent a political undertaking entered into by the Italian Government in order to solve the special problem of the Upper Adige—they also reflect the broader aspirations and views of the Italian people on the general problem of the protection of racial minorities which the territorial status quo in the Upper Adige and the cessions suggested for other areas would leave on one side or the other of the Italian frontiers. In others words, they correspond to the ideal of protection of human rights which is entirely in the tradition of our Risorgimento. This principle, forgotten by Fascism, has now been revived by the new Italian democracy in a spirit of reciprocity and will be faithfully observed by the Government of the Republic for the defence both of the minorities under its own protection, and the Italian minorities which may be left outside its frontiers.
May I state once more that the Italian Government will base its relations with the Austrian people on this special principle and on a broader spirit of solidarity calculated to clear the way for more comprehensive economic agreements. This will be done even though we still have a vivid recollection of the 10 mainly Austrian divisions operating in Italy, and of the four Austrian divisions operating in the Balkans and in the islands, and of the detachments of S.S. police, which, from September 8, 1943 up to the end of the war put up a bitter fight against the Italian regulars, the partisan troops and the civil resistance forces, and so largely contributed to aggravate the suffering and the sacrifices of a reborn Italy.
[Page 135]Annex A to Document No. 15 (P)
Article 1
The Italian Government shall permit, through facilities provided by the following Articles, the direct transit of passenger and goods traffic along the Brenner-Fortezza-San Candido line, proceeding from beyond the Brenner and bound for beyond San Candido and vice versa.
The Italian State Railways shall undertake to convoy this traffic by their own means.
In certain particular cases, on the basis of particular agreements, which will be concluded between the two railway Administrations such trains may be manned by Austrian state railway personnel and composed of Austrian rolling stock.
Article 2
Passenger or goods traffic in transit along the Brenner-Fortezza-San Candido line proceeding from Austrian stations beyond the Brenner and bound for Austrian stations beyond San Candido, and vice versa, shall be effected with transport documents (tickets and way-bills) of the Austrian State and be subject to Austrian internal regulations and tariffs.
The rules and tariffs for international services in force in Austria will be applied to traffic proceeding from abroad and bound for Austria, and vice versa, along the Brenner-Fortezza-San Candido line.
Article 3
The Austrian railways shall collect, to their exclusive benefit and according to their own tariffs, the receipts from the passenger, baggage and goods traffic, in transit, along the Brenner-Fortezza-San Candido line, by all conveyance provided under Article 2.
The Austrian railways shall undertake to pay the Italian railways, by way of reimbursement for the transit services connected with the above-mentioned traffic, a sum which shall be fixed, by mutual agreement, by the two administrations and which shall vary according to whether the rolling stock and the personnel are provided by the Austrian railways, or the Italian railways, who are the owners of the line.
This sum shall be proportional to the actual cost of the services rendered.
Article 4
The Italian Customs Administration and Police Authorities shall exempt the passengers and goods in transit on the Brenner-Fortezza-San Candido line of all frontier formalities.
[Page 136]For this purpose, the carriages and rail-cars shall cross the Italian territory, with all doors closed and under the escort of the Italian police and frontier guards.
Austrian personnel driving and accompanying trains, shall be issued with appropriate passes. Passengers in transit by those means on the Brenner-Fortezza-San Candido line, shall be exempt from presenting their passports or other documents.
While on Italian territory, they will be forbidden to leave the carriages or rail-cars or to commit acts contrary to Italian laws concerning customs, police, etc.
Goods vans in transit will be provided with Austrian customs seals. In the absence of these, the Italian customs undertake to apply their own customs seals, free of charge.
Transit of animals, parts of animals or similar types of traffic are allowed to cross without any inspection by the Italian veterinary service. Such traffic shall, however, be accompanied by certificates, declaring that the animals proceed from territories free from infectious diseases and that the animal parts or similar items come from healthy animals.
Article 5
The Italian Customs authorities shall authorize the transit by the S. Candido-Fortezza-Brennero highway of goods transported directly from one point of the frontier to another by motor-lorries registered in Austria.
The motor-lorries shall in such case enjoy all the Customs privileges applicable to the temporary importation of motor vehicles and, in particular, shall be exempt from the circulation tax.
No special deposit shall be required for the goods, provided that this is guaranteed by transport concerns or other companies which are domiciled or have chosen their legal domicile in Italy.
The Italian Customs authorities may also dispense with this guarantee on goods covered by circulation permits issued by the Austrian Customs authorities proving that the carrier is under an obligation to bring the goods back into Austrian territory.
The Italian and Austrian Customs authorities shall lend one another assistance in tracing offenders and recovering Customs duties in cases of abuse.
Article 6
Detailed rules relating to the application of this convention shall be established, by mutual agreement, between the Administrations (railways, customs, etc.) of the two countries.