QUARTA PARTE
PART
VIII
GENERAL
ECONOMIC RELATIONS
art. 82 |
PART
IX
SETTLEMENT OF
DISPUTES
art. 83 |
PART
X
MISCELLANEOUS
ECONOMIC PROVISIONS
art. 84 |
PART
XI
FINAL
CLAUSES
art. 86 |
ANNEX
I
MAPS TO ACCOMPANY THE PEACE TREATY WITH ITALY |
ANNEX
II
FRANCO-ITALIAN
FRONTIER |
ANNEX
III
GUARANTEES M. CENIS AND TENDA-BRIGA DISTRICT |
ANNEX
IV
THE AUSTRIAN AND ITALIAN GOVERNMENTS |
PART VIII
GENERAL ECONOMIC RELATIONS
Article 82
1. Pending the conclusion of commercial
treaties or agreements between individual United Nations and Italy,
the Italian Government shall, during a period of eighteen months from
the coming into force of the present Treaty, grant the following treatment
to each of the United Nations which, in fact, reciprocally grants similar
treatment in like matters to Italy:
(a) In all that concerns duties and charges on importation or
exportation, the internal taxation of imported goods and all regulations
pertaining thereto, the United Nations shall be granted unconditional
most-favoured-nation treatment;
(b) In all other respects, Italy shall make no arbitrary discrimination
against goods originating in or destined for any territory of any of
the United Nations as compared with like goods originating in or destined
for territory of any other of the United Nations or of any other foreign
country;
(c) United Nations nationals, including juridical persons, shall
be granted national and most-favoured-nation treatment in all matters
pertaining to commerce, industry, shipping and other forms of business
activity within Italy. These provisions shall not apply to commercial
aviation;
(d) Italy shall grant no exclusive or discriminatory right to
any country with regard to the operation of commercial aircraft in international
traffic, shall afford all the United Nations equality of opportunity
in obtaining international commercial aviation rights in Italian territory,
including the right to land for refueling and repair, and, with regard
to the operation of commercial aircraft in international traffic, shall
grant on a reciprocal and non-discriminatory basis to all United Nations
the right to fly over Italian territory without landing. These provisions
shall not affect the interests of the national defence of Italy.
2. The foregoing undertakings by Italy shall be understood to
be subject to the exceptions customarily included in commercial treaties
concluded by Italy before the war; and the provisions with respect to
reciprocity granted by each of the United Nations shall be understood
to be subject to the exceptions customarily included in the commercial
treaties concluded by that State.
PART IX
SETTLEMENT OF DISPUTES
Article 83
1. Any disputes which may arise in
giving effect to Articles 75 and 78 and Annexes XIV, XV, XVI and XVII,
part B, of the present Treaty shall be referred to a Conciliation Commission
consisting of one representative of the Government of the United Nation
concerned and one representative of the Government of Italy, having
equal status. If within three months after the dispute has been referred
to the Conciliation Commission no agreement has been reached, either
Government may ask for the addition to the Commission of a third member
selected by mutual agreement of the two Governments from nationals of
a third country. Should the two Governments fail to agree within two
months on the selection of a third member of the Commission, the Governments
shall apply to the Ambassadors in Rome of the Soviet Union, of the United
Kingdom, of the United States of America, and of France, who will appoint
the third member of the Commission. If the Ambassadors are unable to
agree within a period of one month upon the appointment of the third
member, the Secretary-General of the United Nations may be requested
by either party to make the appointment.
2. When any Conciliation Commission is established under paragraph
1 above, it shall have jurisdiction over all disputes which may thereafter
arise between the United Nation concerned and Italy in the application
or interpretation of Articles 75 and 78 and Annexes XIV, XV, XVI, and
XVII, part B, of the present Treaty, and shall perform the functions
attributed to it by those provisions.
3. Each Conciliation Commission shall determine its own procedure, adopting
rules conforming to justice and equity.
4. Each Government shall pay the salary of the member of the Conciliation
Commission whom it appoints and of any agent whom it may designate to
represent it before the Commission. The salary of the third member shall
be fixed by special agreement between the Governments concerned and
this salary, together with the common expenses of each Commission, shall
be paid in equal shares by the two Governments.
5. The parties undertake that their authorities shall furnish directly
to the Conciliation Commission all assistance which may be within their
power.
6. The decision of the majority of the members of the Commission
shall be the decision of the Commission, and shall be accepted by the
parties as definitive and binding.
PART X
MISCELLANEOUS ECONOMIC PROVISIONS
Article 84
Articles 75, 78, 82 and Annex XVII
of the present Treaty shall apply to the Allied and Associated Powers
and to those of the United Nations which broke off diplomatic relations
with Italy or with which Italy broke off diplomatic relations. These
Articles and this Annex shall also apply to Albania and Norway.
Article 85
The provisions of Annexes VIII, X,
XIV, XV, XVI and XVII shall, as in the case of the other Annexes, have
force and effect as integral parts of the present Treaty.
PART XI
FINAL CLAUSES
Article 86
1. For a period not to exceed eighteen
months from the coming into force of the present Treaty, the Ambassadors
in Rome of the Soviet Union, of the United Kingdom, of the United States
of America, and of France, acting in concert, will represent the Allied
and Associated Powers in dealing with the Italian Government in all
matters concerning the execution and interpretation of the present Treaty.
2. The Four Ambassadors will give the Italian Government such
guidance, technical advice and clarification as may be necessary to
ensure the rapid and efficient execution of the present Treaty both
in letter and in spirit.
3. The Italian Government shall afford to the said Four Ambassadors
all necessary information and any assistance which they may require
in the fulfilment of the tasks devolving on them under the present Treaty.
Article 87
1. Except where another procedure
is specifically provided under any Article of the present Treaty, any
dispute concerning the interpretation or execution of the Treaty, which
is not settled by direct diplomatic negotiations, shall be referred
to the Four Ambassadors acting under Article 86 except that in this
case the Ambassadors will not be restricted by the time limit provided
in that Article. Any such dispute not resolved by them within a period
of two months shall, unless the parties to the dispute mutually agree
upon another means of settlement, be referred at the request of either
party to the dispute to a Commission composed of one representative
of each party and a third member selected by mutual agreement of the
two parties from nationals of a third country. Should the two parties
fail to agree within a period of one month upon the appointment of the
third member, the Secretary-General of the United Nations may be requested
by either party to make the appointment.
2. The decision of the majority of the members of the Commission shall
be the decision of the Commission, and shall be accepted by the parties
as definitive and binding.
Article 88
1. Any member of the United Nations,
not a signatory to the present Treaty, which is at war with Italy, and
Albania, may accede to the Treaty and upon accession shall be deemed
to be an Associated Power for the purposes of the Treaty.
2. Instruments of accession shall be deposited with the Government
of the French Republic and shall take effect upon deposit.
Article 89
The provisions of the present Treaty
shall not confer any rights or benefits on any State named in the Preamble
as one of the Allied and Associated Powers or on its nationals until
such State becomes a party to the Treaty by deposit of its instrument
of ratification.
Article 90
The present Treaty, of which the
French, English and Russian texts are authentic, shall be ratified by
the Allied and Associated Powers.It shall also be ratified by Italy.
It shall come into force immediately upon the deposit of ratifications
by the Union of Soviet Socialist Republics, by the United Kingdom of
Great Britain and Northern Ireland, by the United States of America,
and by France. The instruments of ratification shall, in the shortest
time possible, be deposited with the Government of the French Republic.
With respect to each Allied or Associated Power whose instrument
of ratification is thereafter deposited the Treaty shall come into force
upon the date of deposit. The present Treaty shall be deposited in the
archives of the Government of the French Republic, which shall furnish
certified copies to each of the signatory States.
IN FAITH WHEREOF the undersigned Plenipotentiaries have signed
the present Treaty and have affixed thereto their seals.
DONE in the city of Paris in the French, English, Russian
and Italian languages, this tenth day of February One Thousand Nine
Hundred and Forty-Seven.
10 FEBRUARY 1947
[Signatures not reproduced
here.]
ANNEX I
MAPS TO ACCOMPANY THE PEACE TREATY WITH ITALY
A. Frontiers of Italy (Article 1).
B. Franco-Italian Frontier (Article 2).
C. Yugoslav-Italian Frontier (Article 3).
D. Frontiers of the Free Territory of Trieste (Articles 4 and 22).
E. Sea Areas defined in Article 11 of the present Treaty.
[Maps not reproduced here - see UNTS 50.]
ANNEX II
FRANCO-ITALIAN FRONTIER
Detailed description of the sections
of the frontier to which the modifications set out in Article 2 apply
LITTLE SAINT BERNARD PASS
Reference: 1:20,000 map: Ste. Foy Tarentaise
Nos. 1-2.
The new frontier follows a line which starts from the rocky ridge
of Lancebranlette, then, descending towards the east, follows the line
of the watershed to the 2,180 metre level, whence it passes to the Colonna
Joux (2188). From there, still following the line of the watershed, it
reascends on to Costa del Belvedere, the rocky outcrops of which it follows,
climbs Mt. Belvedere, skirting its summit and leaving the latter in French
territory 120 metres away from the frontier and, passing through points
2570, 2703, Bella Valletta and point 2746, it rejoins the old frontier
at Mt. Valaisan.
MONT CENIS PLATEAU
Reference: 1:20,000 map: Lanslebourg,
Nos. 5-6 and 7-8 and of Mont D'Ambin, Nos. 1-2.
The new frontier follows a line which leaves the old frontier at
Mt. Tour, follows westwards the administrative boundary shown on the map,
follows the Vitoun as soon as it meets it on its northern branch and descends
along it as far as Rocca della Torretta.
Then following the line of rocky outcrops, it reaches the stream
coming from the Alpe Lamet and descends with it as far as the base of
the rocky escarpment along which it runs for about 800 metres as far as
the thalweg at a point situated about 200 metres north of point 1805.
Then it mounts to the top of the landslips which overlook Ferrera Cenisio
about 300 metres away and, continuing westwards, meets the road which
skirts the east of Rne. Paradiso 400 metres west of the loop (1854), leaving
it immediately and bending southwards.
It cuts the Bar Cenisia road at a point about 100 metres southeast
of Refuge 5, crosses the thalweg in the direction of Lago S. Giorgio,
roughly follows contour 1900 as far as point 1907, then skirts the southern
side of Lago d'Arpon and rejoins the rocky ridge on which it remains in
a south-westerly direction as far as the confluence of the streams coming
from the Bard glacier (Ghiacciaio di Bard) at a point approximately 1,400
metres southwest of Lago d'Arpon.
From there, bending southwards, it roughly follows contour 2500,
goes as far as point 2579, then, running along contour 2600, it reaches
the Lago della Vecchia and rejoins, at the administrative boundary marked
on the map about 700 metres southeast of the lake, the Pso. d'Avanza path,
which it follows along the rocky escarpments to the old frontier, halfway
between the Col della Vecchia and the Col de Clapier.
MONT THABOR
Reference: 1:20,000 map: Nevache, 1-2,
5-6 and 7-8.
From Cina de la Planette to Rocher de Guion (Cima del Sueur)
The new frontier follows a line which leaves the present frontier
at Cima de la Planette and, proceeding southwards, follows the ridge through
points 2980, 3178, Rca. Bernaude (3228), points 2842, 2780, 2877, Pso.
della Gallina (2671), points 2720, 2806 and Pta. Quattro Sorelle (2700).
Descending the eastern slope of this summit, the line leaves in
French territory point 2420, whence it rejoins and follows on the east
the path leading to the buildings situated about 200 metres from point
2253, this path and these buildings being left in French territory. It
then enters a thalweg, passing about 300 metres northeast of point 1915,
whence it reaches the northwestern edge of the reservoir which, in the
Vallee Etroite (Valle Stretta) feeds the hydro-electric installations
of Sette Fontane, leaving this reservoir and these installations in Italian
territory. Skirting the reservoir on the south, it reaches the crossroads
at point 1499.
Thence it follows the path which hugs the edge of the woods along
contour 1500 and which leads it to Comba della Gorgia near the 1580 contour;
then it ascends the thalweg towards point 1974 and joins the edge of the
rocky escarpments of La Sueur as marked by points 2272, 2268, 2239, 2266,
2267, remaining on this edge until it meets the old frontier, the crest
of the rocks and the path bordering it remaining in French territory.
CHABERTON
Reference: 1:20,000 map: Briançon,
Nos. 3-4.
The new frontier follows a line which leaves the old frontier at
point 3042 (north of point 3070 and north of Pointe des Trois Scies) and
follows the rocky ridge as far as Croce del Vallonetto.
From the Croce del Vallonetto it bends towards the south along the
rocky ridge and meets the Chaberton road at the point where the latter
enters the cirque of the Clot des Morts.
Crossing this road and the thalweg which borders it, the line roughly
follows, for 1250 metres, contour 2300 which, on the ground, follows to
the southeast a series of rocky outcrops and debris, then it cuts straight
across the eastern slope of Mt. Chaberton, reaches a point about 400 metres
west of point 2160 leaving in French territory the intermediate pylon
of the cable railway which stands there.
Then it proceeds in a straight line, across a series of rocky barriers
and steep ravines, towards the position (not marked on the map) of La
Fontaine des Chamois, near point 2228 (about 1400 metres northeast of
Clavières) which it skirts to the east, following the second bend of the
road joining this position with the fortified barracks of Chaberton, on
the road from Cézanne (Cesana) to Clavières, leaving the fortifications
at La Fontaine des Chamois in French territory.
Thence following first in a southerly direction the commune boundary
marked on the map, and then the rocky barrier about 400 metres north of
the Clavières-Cézanne (Cesana) road, it bends towards the southwest, passing
along the foot of the rocky cliffs, sufficiently far from the latter to
allow the construction of double-track road
Skirting in this way to the north the village of Clavières, which
is left in Italian territory, it meets the Rio Secco about 200 metres
upstream from the Clavières bridge and follows down its course, then that
of Doire Ripaire (Doria Riparia) as far as the road from Clavières to
Val Gimont, which is left to Italy, and follows this road as far as the
bridge over the Gimont.
Proceeding up the course of the latter for about 300 metres, the
line then leaves it and follows the mule-track which takes it to the upper
pylon of the Clavières cable railway (Col du Mont Fort du Boeuf), which
is left in French territory. Then, across the ridge, it rejoins the present
frontier at Mont la Plane, frontier post 251. The road in the valley of
the Gimont is left in Italian territory.
UPPER VALLEYS OF LA TINÉE, LA
VESUBIE AND LA ROYA
1. From Cime de Colla Longa to Cima
di Mercantour
References: 1:20,000 maps: St. Etienne de Tinée, Nos. 3-4 and 7-8,
Les Trois Ponts, Nos. 5-6.
The new frontier follows a line which leaves the old frontier at
Cime de Colla Longa and proceeding eastwards and following the line of
the watershed, skirts the rocky ridge, passing through points 2719, 2562,
Cle. di Seccia, reaches at point 2760 the Testa dell'Autaret, passes to
point 2672, to the Cle. della Guercia (2456) and through points 2640,
2693, 2689, reaches Rocche di Saboulé and follows the northern ridge thereof.
Following the ridge, it passes through points 2537, 2513, Pso. del
Lausfer (2461) and point 2573 to Testa Auta del Lausfer (2587) whence
it bends southwards as far as Testa Colla Auta, passing Cima del Lausfer
(2544), leaving the latter point in Italy.
Thence through point 2484, and along the ridge path which is left
in French territory, through points 2240 and 2356, it crosses the Passo
di S. Anna, and passing through points 2420 and 2407 it reaches a point
about 80 metres south of point 2378 (Cima Moravacciera).
Following the ridge path left in French territory, it passes through
Testa Ga del Caval and point 2331, both left in French territory, then
leaving the path it continues on the ridge of Testa del'Adreck (2457)
and through Cle. della Lombarda and point 2556 and arrives at Cima della
Lombarda (2801).
Bending southeastwards, it then follows the rocky ridge and passing
through Pso. di Peania, Cima di Vermeil, point 2720 left in French territory,
Testa Cba. Grossa (2792), Pso. del Lupo (2730) and point 2936, reaches
Mt. Malinvern.
Thence, in a southerly direction, through points 2701, 2612 and Cima di
Tavels (2804), then in an easterly direction through point 2823, it reaches
Testa del Claus (2889).
Then, bending in a general southeasterly direction, it crosses Passo
delle Portette, passes to point 2814, to Testa delle Portette, to point
2868, to Testa Margiola (2831), to Caire di Prefouns (2840), to Passo
ael Prefouns (2620), to Testa di Tablasses (2851), to Passo di Bresses
(2794), to Testa di Bresses (2820), and passing through Cima di Fremamorta
(2731), Cle. Fremamorta, point 2625, point 2675, and point 2539, Cima
di Pagari (2686), Cima di Naucetas (2706), points 2660 and 2673, Cle.
di Ciriegia (2581), reaches Cima di Mercantour (2775).
2. From Cima di Mercantour to Mt. Clapier
References: 1:20,000 map: Les Trois Ponts, Nos. 5-6 and the Italian
1:20,000 map: Madonna delle Finestre.
From Cima di Mercantour, it proceeds through point 2705, Cle. Mercantour
(2611), Cima Ghilie (2998), points 2939 and 2955, Testa della Rovina (2981),
points 2844 and 2862, Paso della Rovina, Caire dell'Agnel (2935, 2867,
2784), Cima del Caire Agnel (2830), Cima Mallariva (2860), Cima Cairas
(2831), Cima Cougourda (2881, 2921), Cima dei Gaisses (2896), points 2766,
2824, Cima del Lombard (2842), points 2831, 2717, 2591, 2600 and 2582,
Boccia Forno, Cima delle Finestre (2657), Col delle Finestre, points 2634,
2686 and 2917 and reaches Cima dei Gelas (3143), then through point 3070
to Cima della Maledia (3061), from whence it skirts the Passo del Pagari
(2819) path and then, following the commune boundary, shown on the map,
it reaches the Passo di Mt. Clapier (2827), winds round the north and
east of Mt. Clapier (3045) along the administrative boundary shown on
the map.
3. From Mt.
Clapier to Colle di Tenda
References: Italian 1:20,000 map: Madonna delle Finestre and Colle di
Tenda.
From Mt. Clapier, the line follows the administrative boundary represented
on the map by points 2915, 2887 and 2562, Passo dell'Agnel and point
2679, up to Cima dell'Agnel (2775).
The line then bears eastwards, still adhering to the administrative
boundary represented on the map by points 2845 and 2843 of Rce. dell'Agnel;
it then reaches Cima della Scandeiera (2706), crosses Cle. del Sabbione
(2332), proceeds over points 2373, 2226, 2303, and 2313 to Cma. del
Sabbione (2610), point 2636, Pta. Peirafica, points 2609, 2585, 2572,
2550 and reaches Rca. dell'Abisso (2755).
The line still continues along the administrative boundary marked on
the map up to the east of point 2360, then skirts the rocky outcrops
north of Rne. Pian Misson, from whence it reaches the Mt. Becco Rosso
path and follows it to the north of points 2181, 2116 and 1915 and then
skirts the road for approximately 1 kilometre northwards before rejoining
the abovementioned path up to Colle di Tenda. The path and the section
of highway mentioned above remain in French territory.
4. From Colle di Tenda to Cima Missun Reference: Italian 1:20,000
map: Tenda and Certosa di Pesio.
From Colle di Tenda the line, leaving the path in French territory,
proceeds to points 1887 and 2206, then branches off the path to follow
along the ridge the administrative boundary shown on the map, then passing
through point 2262 reaches Cma. del Becco (2300).
Bearing northward and along the administrative boundary shown on the
map it reaches the Col della Perla (2086), follows the path which skirts
the rocky outcrop in Cma. del Cuni to Col della Boaira, where it leaves
it to follow the ridge to the north. The abovementioned path remains
in French territory.
Skirting the rocky outcrop, it proceeds to point 2275, reaches Testa
Ciaudon (2386), skirts the rocky escarpments, crosses Colla Piana (2219)
and reaches point 2355 of Mt. Delle Carsene which is left on French
soil, then it follows the northern ridge of this mountain over Pta.
Straldi (2375), points 2321 and 2305 up to Pso. Scarason, then swerves
northwards up to point 2352, where it meets the administrative boundary
shown on the map and follows this boundary through points 2510 and 2532
up to Pta. Marguareis (2651).
Deviating southward it then follows the ridge, passes point 2585 and,
passing down the rocky crest, reaches Colle del Lago dei Signori.
Following the path on the summit, which is left in French territory,
then running along the crest proper, it comes to Cima di Pertega (2402),
passes along the rocky ridge down to Cle. delle Vecchie (2106), whence
it follows the summit path, which it leaves in French territory, through
points 2190, 2162, Cima del Vescovo (2257) and Cima di Velega (2366)
up to Mt. Bertrand.
From Mt. Bertrand (2481) it follows the administrative boundary shown
on the map up to Cla. Rossa, where it rejoins the summit path which
it then skirts passing through points 2179 and 2252 up to Cima Missun
(2356), then, winding round the east of this mountain summit, the line
follows the abovementioned path which remains in French territory.
5. From Cima Missun to Col de Pegairole
References: 1:20,000 map: Pointe de Lugo, Nos. 1-2 and 5-6.
Following the same summit path, the line crosses Cla. Cravirora and
passes east of point 2265 to Pta. Farenga. It then leaves the path and
winds round Cma. Ventosa to the east, after which it joins the Passo
di Tanarello path and leaves in France the constructions beside this
path. The line then passes along Mt. Tanarello, crosses Passo Basera
(2038), skirts Mt. Saccarello which is left approximately 300 metres
to the westwards, then following first the rocky ridge and then the
path up to Pso. di Collardente it reaches the ridge which leads up to
Mt. Collardente, leaving point 1762 on French Territory. At this point
it skirts a path which is left in Italian territory and comes to Mt.
Collardente, leaving on French soil the path which crosses it. The line
then follows this path through the Bassa di Sanson east and south of
point 1769 up to the constructions, situated approximately 500 metres
east of Testa della Nava (1934), which are left in French territory.
When it reaches these works, it leaves the road, rejoins at the ridge
the road along the Testa della Nava ridge which remains in French territory,
and follows it as far as the works to the southeast of the Cima di Marta
or Mt Vacche, skirting it from the east.
From there, passing along the ridge road left in French territory, it
skirts Mt. Ceriana, leaves the road to reach Mt. Grai (2014) and joins
it again at the col (1875), follows it to skirt Cima della Valetta and
Mt. Pietravecchia as far as the rocky crest.
It then crosses Gola dell'Incisa, runs by way of the ridge and point
1759 to Mt. Toraggio (1972), then to Cima di Logambon and the Gola del
Corvo, skirts Mt. Bauso and Mt. Lega (1552, 1563 and 1556) and follows
the ridge downwards to Passo di Muratone.
Along the ridge road, left in French territory, it runs to Mt. Scarassan,
to the south of Mt. Battolino and of point 1358 and reaches Cla. Pegairole.
6. From Cla. Pegairole to Mt. Mergo
References: 1:20,000 maps: Pointe de Lugo, Nos. 5-6, San Remo, Nos.
1-2 and Menton, Nos. 3-4.
From Cla. Pegairole the line follows the administrative boundary marked
on the map, leaving Cisterne to France, climbs Mt. Simonasso, drops
as far as the col and follows the road to Margheria Suan which it leaves
in French territory, the chalets remaining in Italian territory.
Continuing to follow the road, left in French territory, it passes to
the east of Testa d'Alpe to Fontana dei Draghi, to the springs at point
1406, to point 1297, skirts Colla Sgora on the east, passes the points
1088, 1016, and 1026, crosses the rocky ridge of Mt. Colombin, follows
the cantonal boundary shown on the map along Cima di Reglie (846 and
858), departs from this cantonal boundary in a southwesterly direction
to follow the ridge of Serra dell'Arpetta (543, 474 and 416) down to
the thalweg of the Roya, which it crosses about 200 metres northwest
of the bridge of Fanghetto.
The line then ascends the thalweg of Roya to a point situated about
350 metres from the abovementioned bridge. It leaves the Roya at this
point and bears southwest to point 566. From this point it bears west
until it meets the ravine descending to Olivetta which it follows as
far as the road, leaving the dwellings on this road in Italian territory,
mounts the Vle. di Tronto for about 200 metres and then turns towards
point 410 as far as the road from Olivetta to San Girolamo. Thence it
runs southeast along this road for about 100 metres and then bears generally
southwest to point 403, running for about 20 metres along and to the
south of the road marked on the map. From point 403, it follows the
ridge of Pta. Becche as far as point 379, then again bearing southwest,
crosses the Bevera, following the thalweg towards Mt. Mergo which it
skirts on the south at about 50 metres from the summit (686), left in
French territory, and rejoins the present frontier at a point about
100 metres to the southwest of that summit.
ANNEX III
GUARANTEES IN CONNECTION WITH MONT CENIS AND THE TENDA-BRIGA DISTRICT
(See Article 9)
A. GUARANTEES TO BE GIVEN BY FRANCE TO ITALY IN CONNECTION WITH THE
CESSION OF THE PLATEAU OF MONT CENIS
I. In respect of water supplied from the Lake of Mont Cenis for hydro-electric
purposes
(a) France shall so control the supply of water from the Lake of Mont
Cenis to the underground conduits supplying the Gran Scala, Venaus and
Mompantero hydro-electric plants, as to supply for those plants such
quantities of water at such rates of flow as Italy may require.
(b) France shall repair and maintain in good and substantial condition
and, as may be necessary, shall renew all the works required for the
purposes of controlling and supplying the water in accordance with sub-paragraph
(a) in so far as these works are within French territory.
(c) France shall inform Italy, as and when required by Italy, of the
amount of water in the Lake of Mont Cenis and of any other information
pertaining thereto, so as to enable Italy to determine the quantities
of water and rates of flow to be supplied to the said underground conduits.
(d) France shall carry out the foregoing provisions with due regard
for economy and shall charge Italy the actual cost incurred in so doing.
II. In respect of electricity produced at the Gran Scala hydro-electric
plant
(a) France shall operate the Gran Scala hydro-electric plant so as to
generate (subject to the control of the supply of water as provided
in Guarantee I) such quantities of electricity at such rates of output
as Italy may require after the local requirements (which shall not substantially
exceed the present requirements) in the vicinity of Gran Scala within
French territory have been met.
(b) France shall operate the pumping plant adjacent to the Gran Scala
plant so as to pump water to the Lake of Mont Cenis as and when required
by Italy.
(c) France shall repair and maintain in good and substantial condition
and, as may be necessary, shall renew all the works comprising the Gran
Scala hydro-electric plant and pumping plant together with the transmission
line and equipment from the Gran Scala plant to the Franco-Italian frontier.
(d) France shall transmit over the transmission line from Gran Scala
to the Franco-Italian frontier the electricity required by Italy as
aforesaid, and shall deliver that electricity to Italy at the point
at which that transmission line crosses the Franco-Italian frontier
into Italian territory.
(e) France shall maintain the voltage and periodicity of the electricity
supplied in accordance with the foregoing provisions at such levels
as Italy may reasonably require.
(f) France shall arrange with Italy for telephone communication between
Gran Scala and Italy and shall communicate with Italy in order to ensure
that the Gran Scala plant, the pumping plant and transmission line are
operated in such a manner as to comply with the foregoing guarantees.
(g) The price to be charged by France and paid by Italy for electricity
available to Italy from the Gran Scala plant (after the local requirements
as aforesaid have been met) shall be the same as the price charged in
France for the supply of similar quantities of hydro-electricity in
French territory in the neighbourhood of Mont Cenis or in other regions
where conditions are comparable.
III. Duration of guarantees
Unless otherwise agreed between France and Italy these guarantees will
remain in force in perpetuity.
IV. Supervisory Technical Commission
A Franco-Italian Supervisory Technical Commission comprising an equal
number of French and Italian members shall be established to supervise
and facilitate the execution of the foregoing guarantees which are designed
to secure the same facilities as Italy enjoyed in respect of hydro-electric
and water supplies from the Lake of Mont Cenis before the cession of
this region to France. It shall also be within the functions of the
Supervisory Technical Commission to cooperate with the competent French
technical services in order to ensure that the safety of the lower valleys
is not endangered.
B. GUARANTEES TO BE GIVEN BY FRANCE TO ITALY IN CONNECTION WITH THE
CESSION OF THE TENDA-BRIGA DISTRICT TO FRANCE
1. Guarantees to ensure to Italy the supply of electricity generated
by the two 16 2/3rd period generators of the hydro-electric plant at
San Dalmazzo; and the supply of electricity generated at 50 periods
at the hydro-electric plants at Le Mesce, San Dalmazzo and Confine in
excess of such amount thereof as may be required by France for supply
to the Sospel, Menton and Nice areas until the complete reconstruction
of the wrecked hydro-electric plants at Breil and Fontan, it being understood
that such amount will decrease as reconstruction of these plants proceeds
and will not exceed 5,000 KW in power and 3,000,000 KWH per month and
that, if no special difficulties are encountered in the reconstruction,
the work should be completed not later than the end of 1947:
(a) France shall operate the said plants so as to generate (subject
to such limitations as may be imposed by the amount of water available
and taking into account as far as reasonably practicable the needs of
the plants downstream) such quantities of electricity at such rates
of output as Italy may require, firstly, at 16 2/3rd periods for the
Italian railways in Liguria and South Piedmont and secondly, at 50 periods
for general purposes, after the requirements by France for Sospel, Menton
and Nice, as aforesaid, and the local requirements in the vicinity of
San Dalmazzo, have been met;
(b) France shall repair and maintain in good and substantial condition
and, as may be necessary, shall renew all the works comprising the Le
Mesce, San Dalmazzo and Confine hydro-electric plants together with
the transmission lines and equipment from the Le Mesce and Confine plants
to the San Dalmazzo plant and also the main transmission lines and equipment
from the San Dalmazzo plant to the Franco-Italian frontier;
(c) France shall inform Italy, as and when required by Italy, of the
rate of flow of water at Le Mesce and Confine and of the amount of water
stored at San Dalmazzo and of any other information pertaining thereto
so as to enable Italy to determine her electricity requirements, as
indicated in sub-paragraph (a);
(d) France shall transmit over the main transmission lines from San
Dalmazzo to the Franco-Italian frontier the electricity required by
Italy as aforesaid, and shall deliver that electricity to Italy at the
points at which those main transmission lines cross the Franco-Italian
frontier into Italian territory;
(e) France shall maintain the voltage and periodicity of the electricity
supplied in accordance with the foregoing provisions at such levels
as Italy may actually require;
(f) France shall arrange with Italy for telephone communications between
San Dalmazzo and Italy and shall communicate with Italy in order to
ensure that the said hydro-electric plants and transmission lines are
operated in such a manner as to comply with the foregoing guarantees.
2. Guarantee concerning the price to be charged by France to
Italy for the electricity made available to Italy under paragraph 1
above until terminated in accordance with paragraph 3 below:
The price to be charged by France and paid by Italy for the electricity
made available to Italy from the Le Mesce, San Dalmazzo and Confine
hydro-electric plants after the requirements by France for Sospel, Menton
and Nice and the local requirements in the vicinity of San Dalmazzo
have been met as provided in sub-paragraph (a) of Guarantee 1, shall
be the same as the price charged in France for the supply of similar
quantities of hydro-electricity in French territory in the neighbourhood
of the Upper Valley of the Roya or in the other regions where conditions
are comparable.
3. Guarantee of a reasonable period of time for the supply of
electricity by France to Italy:
Unless otherwise mutually agreed between France and Italy, Guarantees
1 and 2 shall remain in force until 31 December 1961 and shall terminate
then or any subsequent 31 December if either country shall have given
to the other at least two years notice in writing of its intention to
terminate.
4. Guarantee of full and equitable utilization by France and
Italy of the waters of the Roya and its tributaries for hydro-electric
production:
(a) France shall operate the hydro-electric plants on the Roya in French
territory, taking into account as far as reasonably practicable the
needs of the plants downstream. France shall inform Italy in advance
of the amount of water which it is expected will be available each day,
and shall furnish any other information pertaining thereto;
(b) Through bilateral negotiations France and Italy shall develop a
mutually agreeable, coordinated plan for the exploitation of the water
resources of the Roya.
5. A commission or such other similar body as may be agreed shall be
established to supervise the carrying out of the plan mentioned in sub-paragraph
(b) of Guarantee 4 and to facilitate the execution of Guarantees 1-4.
ANNEX IV
PROVISIONS AGREED UPON BY THE AUSTRIAN AND
ITALIAN GOVERNMENTS ON 5 SEPTEMBER 1946
(Original English text as signed by the two Parties and communicated
to the Paris Conference on 6 September 1946)
(See Article 10)
1. German-speaking inhabitants of the Bolzano Province and of the neighbouring
bilingual townships of the Trento Province will be assured complete
equality of rights with the Italian-speaking inhabitants, within the
framework of special provisions to safeguard the ethnical character
and the cultural and economic development of the German-speaking element.
In accordance with legislation already enacted or awaiting enactment
the said German-speaking citizens will be granted in particular:
(a) elementary and secondary teaching in the mother-tongue;
(b) parification of the German and Italian languages in public offices
and official documents, as well as in bilingual topographic naming;
(c) the right to re-establish German family names which were italianized
in recent years;
(d) equality of rights as regards the entering upon public offices,
with a view to reaching a more appropriate proportion of employment
between the two ethnical groups.
2. The populations of the above-mentioned zones will be granted the
exercise of autonomous legislative and executive regional power. The
frame within which the said provisions of autonomy will apply, will
be drafted in consultation also with local representative German-speaking
elements.
3. The Italian Government, with the aim of establishing good neighbourhood
relations between Austria and Italy, pledges itself, in consultation
with the Austrian Government and within one year from the signing of
the present Treaty:
(a) to revise in a spirit of equity and broadmindedness the question
of the options for citizenship resulting from the 1939 Hitler-Mussolini
agreements;
(b) to find an agreement for the mutual recognition of the validity
of certain degrees and University diplomas;
(c) to draw up a convention for the free passengers and good transit
between northern and eastern Tyrol both by rail and, to the greatest
possible extent, by road;
(d) to reach special agreements aimed at facilitating enlarged frontier
traffic and local exchanges of certain quantities of characteristic
products and goods between Austria and Italy.
FINE QUARTA PARTE
ALLA
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