clusively or retained exclusively for experimental or training purposes under the provisions of any pervious international agreement, shall retain the category or designation which applied to them before the said date. ARTICLE 30. The present Agreement shall be ratified and the instruments of ratification shall be exchanged in London as soon as possible. It shall come into force on or after the exchange of ratifications when the Naval Treaty signed in London on the 25th March, 1936, is in force and simultaneously with the similar Naval Agreement between the Government of the United Kingdom and the Government of the Union of Soviet Socialist Republics. The date on which the present Agreement thus comes into force shall be immediately notified to the German Government by the Government of the United Kingdom. In witness whereof the undersigned, duly authorised to that effect, have signed the present Agreement and have affixed thereto their seals. Done in duplicate in London, the 17th day of July, 1937, in English and German, both texts being equally authentic. DECLARATION. [Signatures omitted.] THE Undersigned, duly authorised to that effect by their respective Governments, have agreed on the following Declaration relative to certain matters arising out of the Agreement regarding the Limitation of Naval Armament (hereinafter styled the Agreement of 1935) embodied in the Notes exchanged between the Government of the United Kingdom of Great Britain and Northern Ireland and the German Government on the 18th June, 1935. ARTICLE 1. In the present Declaration the following expressions have the meanings herein set out: (i) The term 35 per cent. ratio when used with reference to the whole German fleet denotes the proportion of 35:100 which, under the Agreement of 1935, the total tonnage of the German fleet bears to the total tonnage of the aggregate naval forces of the members of the British Commonwealth of Nations. The term German fleet means that part of the German naval forces to which, in the aggregate, the 35 per cent. ratio applies. When used with reference to a category of vessels of war, the term 35 per cent. ratio denotes a proportion of 35:100 between the total tonnage of any category of vessels in the German fleet to which, under the Agreement of 1935, this ratio applies, and the total tonnage of the corresponding category of vessels in the aggregate naval forces of the British Commonwealth of Nations. (ii) The expression "maximum standard displacement permitted by treaty" for an individual vessel of any category denotes the stand ard displacement of the largest vessel of that category which it is permissible to build under the Agreement signed this day for the Limitation of Naval Armament and the Exchange of Information concerning Naval Construction (hereinafter styled the Agreement signed this day), or under any subsequent instrument by which the two Governments may both be bound. (iii) A transfer of tonnage as contemplated by paragraph 2 (d) of the Agreement of 1935 takes place when the tonnage of a given category of vessels is increased so as to exceed the 35 per cent. ratio for that category, and such increase is at the same time set off by a corresponding reduction below the 35 per cent. ratio of the tonnage in another category. (iv) An adjustment of tonnage takes place when tonnage is constructed or acquired so as to cause the 35 per cent. ratio for the whole German fleet to be exceeded, in the manner contemplated by paragraph 2 (g) of the Agreement of 1935. (v) The term category with reference to cruisers and destroyers denotes one category inclusive of both types of vessel. This category does not, however, include vessels of the type defined in Article 8 of the Treaty for the Limitation and Reduction of Naval Armament, signed in London on the 22nd April, 1930, which are not subject to the Agreement of 1935 or to the present Declaration. (vi) Except as otherwise provided in the present Declaration, the terms and expressions defined in Part I of the Agreement signed this day bear the same meanings in the present Declaration. ARTICLE 2. The present Declaration does not relate to submarines which are and remain regulated exclusively by paragraph 2 (f) of the Agreement of 1935. Nothing in the present Declaration shall affect the rights or obligations of either Government arising under that paragraph. ARTICLE 3. The transfers and adjustments of tonnage which may be made in pursuance of paragraphs 2 (d) and 2 (g) of the Agreement of 1935 shall be those set forth in the succeeding sub-paragraphs. In virtue of Article 2 of the present Declaration, however, these sub-paragraphs do not relate to submarines. 1. The German Government having stated in paragraph 2 (d) of the Agreement of 1935 that they favour the system of dividing vessels of war into categories, and that they are in consequence prepared in principle, and subject to paragraph 2 (b) of the said Agreement, to apply the 35 per cent. ratio to the tonnage of each category of vessel, and to make any variation of this ratio dependent on future arrangements to this end; it is hereby agreed that the manner and extent of any transfer of tonnage shall be regulated in each case by prior agreement between the two Governments. 2. If the German Government should at any time find that the total tonnage available in a given category on the basis of the 35 per cent. ratio is not exactly divisible by the figure of the maximum standard displacement permitted by treaty for individual vessels in that category, it shall, subject to the limitations and conditions set out below. have the right to effect an adjustment of tonnage; provided (i) that the German Government shall give prior notification to the Government of the United Kingdom of its intention to exercise this right, (ii) that the extent and duration of the proposed adjustment shall form the subject of discussion between the two Governments, (iii) that in no case shall the adjustment be such as to cause the German fleet to exceed the 35 per cent. ratio by more than half the maximum standard displacement permitted by treaty for an individual capital ship, and (iv) that the maximum duration of any particular adjustment shall be not more than ten years from the date of the notification mentioned under (i) above. ARTICLE 4. 1. In view of the fact that a number of vessels in the present German fleet were constructed under the limitations imposed by the Treaty of Versailles, it is agreed that, notwithstanding anything to the contrary in the Agreement signed this day, vessels of the following classes shall be deemed to be over-age after the lapse of the periods of time indicated below from their completion: "Deutschland" class of armoured ships. "Emden," "Karlsruhe" and "Nürnberg" class of cruisers__ Years. 15 15 12 2. (a) Although the Agreement of 1935 allows the German fleet to be constituted, on the basis of the 35 per cent. ratio, entirely out of vessels all of which shall be under-age, the German Government agree in principle that the proportion of over-age to under-age vessels in the light surface vessel category of the German fleet should be approximately the same as may at any time exist in the corresponding category of vessel in the aggregate forces of the British Commonwealth of Nations; subject, however, to the right to depart from this principle in special circumstances (e. g., heavier naval armament on the part of other European Powers). In this event prior notification will be given to the Government of the United Kingdom, indicating the nature and extent of the departure involved. (b) As the German Government will not for a considerable time possess sufficient over-age tonnage to replace with ships actually over-age the necessary percentage of over-age tonnage, it is agreed that after the lapse respectively of the periods indicated below from the date of completion, the following vessels may be replaced on the over-age list by newer vessels, which shall thereupon be deemed to be over-age for the purposes of the present Declaration and the Agreement of 1935: All destroyers of the "Wolf" and "Möwe" classes. "Königsberg" and "Köln' "Leipzig".. Years. ARTICLE 5. Notwithstanding the definition of over-age in respect of capital ships in the Agreement signed this day, it is agreed that neither of the two Governments will object if the other replaces at any age not less than twenty years any of its capital ships now building or projected, provided the Government effecting such replacement is able to show and shall represent to the other (a) that a third Power has laid down a capital ship before the date at which such vessel would normally require to be laid down if intended to replace an existing capital ship which had become over-age in accordance with the abovementioned definition; and (b) that it is in consequence necessary for the Government making the representations to effect replacement before the over-age date for the vessel or vessels in question is reached. ARTICLE 6. It is recognised that the definitions of vessels of war contained in Part I of the Agreement signed this day do not affect the scope of the Agreement of 1935. In consequence, the types of vessels to which the limitations of the Agreement of 1935 do not apply are those defined in Article 8 of the Treaty for the Limitation and Reduction of Naval Armament signed in London on the 22nd April, 1930. In faith whereof the Undersigned have signed the present Declaration and have affixed thereto their seals. Done in London, the 17th day of July, 1937, in the English and German languages, both texts being equally authentic. [Signatures omitted]. PROTOCOL OF SIGNATURE. At the moment of signing the Agreement bearing this day's date, the undersigned, duly authorised to that effect by their respective Governments, have agreed as follows: 1. If, before the coming into force of the above-mentioned Agreement, the naval construction of any Power, or any change of circumstances, should appear likely to render undesirable the coming into force of the Agreement in its present form, the Contracting Governments will consult as to whether it is desirable to modify any of its terms to meet the situation thus presented. 2. The Contracting Governments will, as a temporary measure, promptly communicate to one another, after the laying down, acquisition or completion of any vessels in the categories or sub-categories mentioned in Article 12 (a) of the Agreement, the information detailed below concerning all such vessels laid down, acquired or completed between the 1st January, 1937, and the date of the coming into force of the Agreement, provided, however, that this obligation shall not continue after the 1st July, 1937:-- Name or designation; Classification of the vessel; Standard displacement in tons and metric tons; Principal dimensions at standard displacement, namely, length Calibre of the largest gun. 3. The present Protocol, of which the English and German texts shall both be equally authentic, shall come into force on this day's date. In faith whereof the undersigned have signed the present Protocol and have affixed thereto their seals. Done in London the 17th day of July, 1937. [Signatures omitted.] 10. THE LIMITATION OF NAVAL ARMAMENT AND THE EXCHANGE OF INFORMATION CONCERNING NAVAL CONSTRUCTION: AGREEMENT BETWEEN THE UNITED KINGDOM AND THE SOVIET UNION, JULY 17, 1937 1 (EXCERPT) THE Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Union of Soviet Socialist Republics; Desiring to make provision for the limitation of naval armament and for the exchange of information concerning naval construction; Have agreed as follows: PART II.—LIMITATION. ARTICLE 2. (1) After the date of the coming into force of the present Agreement, no vessel exceeding the limitations as to displacement or armament prescribed by this Part of the present Agreement shall be acquired by either Contracting Government or constructed by, for or within the jurisdiction of either Contracting Government. (2) It is understood, however, that the Soviet Government shall not be bound by the limitations and restrictions of this Part of the present Agreement in so far as the Soviet Far Eastern naval forces are concerned, so long as there shall not be concluded a special agreement between the U. S. S. R. and Japan on this subject. Nevertheless, the Soviet Government will not construct or acquire any vessels exceeding the said limitations and restrictions, except in the event of such construction or acquisition by Japan or any other Power in the Far East. (3) Should the Soviet Government, as the result of such construction or acquisition by Japan or any other Power in the Far East, decide to construct or acquire vessels exceeding the said limitations or restrictions, a notification to that effect shall be made to the Government of the United Kingdom, and the vessels concerned shall not be laid down or acquired until after this notification has reached the Government of the United Kingdom. The Soviet Government shall not be obliged in this case to have any recourse to the procedure set out in Article 25 of the present Agreement. (4) The Government of the United Kingdom will treat as confidential any information received under the preceding paragraph, 1 Great Britain. Parliament. Papers-by-Command. No. 5679, 1938. Pts. I, III, and IV and most of pt. V have been omitted as substantially similar to the London Naval Treaty of 1936. |