C, 518,
Communicated, to the Members
of the Council.]
1926. IX
LEAGUE OF NATIONS.
Geneva, October 5th, 1926.
APPLICATION OF ARTICLE 198
OF THE TREATY OF VERSAILLES
Note by the Secretary-General :
The following com m unication from th e Conference of Ambassadors is a t its request
circulated to th e Council.
L E T T E R FR OM T H E C O N F E R E N C E OF AMBASSADORS
TO T H E SE C R E T A R Y -G E N E R A L .
[T r a n s l a ti o n .]
Paris, A ugust 31st, 1926.
I
have th e honour to forward to you th e docum ents m entioned below, which constitute
the agreement concluded between the Governments represented on the Conference of A m bas­
sadors and th e German G overnm ent w ith a view to the application of Article 198 of the
Treaty of Versailles :
1. L etter No. 123, dated May 22nd, 1926, from the President of the Conference of
Ambassadors to the German Am bassador, concerning the regime to be applied in future to
German civil aviation (with two annexes). (In the Protocol mentioned below under No. 7,
this letter is referred to as docum ent A, th e annexes being documents C and D.)
2. L etter No. B. 1717, d ated May 22nd, 1926, from the German Ambassador to the
President of the Conference of Ambassadors, concerning the regime to be applied in future
to German civil aviation (with two annexes). (In the Protocol mentioned below under No. 7,
this letter is referred to as docum ent B, and the annexes, which are identical with those of
the document m entioned under No. 1, as docum ents C and D.)
3. L etter No. 125, dated May 22nd, 1926, from the President of the Conference of
Ambassadors to th e German Am bassador, concerning the establishm ent of air-ports and
landing-grounds in the zone defined in Article 42 of the T reaty of Versailles.
4. L etter dated May 22nd, 1926, from the German Ambassador to th e President of
the Conference of Ambassadors, replying to the previous letter.
5. L etter No. 126, dated May 22nd, 1926, from the President of the Conference of
Ambassadors to th e German Am bassador, concerning aviation equipment.
6. L etter dated May 22nd, 1926, from the German Ambassador to the President of the
Conference, replying to th e above letter.
Simultaneously with this correspondence, letters were exchanged concerning th e regime
of German civil aviation in th e territories on the left bank of th e Rhine remaining under
occupation.
7. Protocol signed on May 7th, 1926, a t the same time as th e various letters mentioned
above were initialled.
81. Copies of the Reichsgesetzblatt, No. 46, P a r t I, containing the law prom ulgated on
July 8th last, in pursuance of the stipulations of th e Protocol mentioned above.
91. Copy of th e Reichsgesetzblatt, No. 53, P a r t I,
containing the decrees issued on J u ly
13th, 1926, in conformity w ith Annexes 2, 3, 4 and 5of the Protocol m entioned above.
10. L e tte r dated J u n e 22nd, 1926, from the German Am bassador to th e President of
the Conference of Ambassadors, concerning th e undertaking entered into by the German
Government not to subsidise a m a te u r aviation.
11. Decree by the Reichswehr Ministry, dated August 6th last, concerning air training
for members of th e Reichswehr.
12. Circular dated August 9th, from the Ministry of the Interior of the Reich to the
Governments of th e German States, concerning the application of the provisions relating to
the police contained in the Agreements of May 22nd.
7 ‘ N o t e . — Reichsgesetzblatt, I, No. 4 6 and No. 5 3 , are n o t reprod uced here, as t h e y include the laws given u nder 1 and
■ Ihe a nnex to Reichsgesetzblatt, I, No. 5 3 , is given on page 12.
S.d.N. 425 (F ) 300 (A) 10/26. Im p. d ’AmhiUy.
—
2
—
r l 3. List, dated J u ly 7th, of th e thirty-six m em bers of the Reichswehr holding pii0f s
certificates and authorised to do their aeronautical training under th e conditions laid down
in th e Agreements of May 22nd.
14. D ocum ent comm unicated by the German Am bassador concerning the distribution
am ong th e various German States of th e fifty police officials authorised to receive aeronautical
training.
15. Note d ated August 2nd, 1926, from th e Secretariat of th e Conference of A m b assa­
dors, notifying th e German Am bassador of th e Conference’s approval of the tex ts of the decree
and circular m entioned in Nos. 11 and 12 above, which were not annexed to the P r o to c o l of
Signature of May 7th.
In conform ity with the Agreement concluded between the Conference of Ambassadors
and the German Government, the duties of the Aeronautical Committee of Guarantee ceased
on A ugust 9th, 1926, simultaneously w ith the entry into force of the regime provided for bv
the Agreements of May 22nd.
On behalf of the Governments represented on the Conference of Ambassadors, I have
the honour to request you to comm unicate the documents mentioned above to the Members
of th e Council of the League of Nations with a view to the application of the provisions of
Article 213 of th e T reaty of Versailles.
(Signed)
1.
LETTER
A.
FROM T H E C O N F E R E N C E OF AMBASSADORS
GERM AN AMBASSADOR IN PA R IS.
B ria n d .
TO
TH E
No. 123.
[Translation.]
Paris, May 22nd, 1926,
On behalf of the Belgian, British, French, Italian and Japanese Governments, 1 have
the honour to bring to your notice the following communication :
1. The negotiations which have taken place a t Paris between the delegates of these
Governments and the delegates of the German Government, with regard to the regime
to be applied in future to German civil aviation with a view to the execution of Article 198
of the T reaty of Versailles, have resulted in an Agreement on the following basis :
“ The German Government shall apply the regulations given in detail in the attached
annexes and shall tak e the measures requisite to this end w ithout delay.
“ As soon as the German Government has p u t into force these measures, the
Aeronautical Committee of Guarantee will be withdrawn.
“ F rom t h a t date, and w ithout awaiting Germ any’s entry into the League of Nations,
the provisions of Article 213 of th e T reaty of Versailles shall apply to the obligations
m entioned above and in general to the obligations entered into by the German Govern­
m en t in air m atters, in pursuance of the T re aty of Versailles, w ithout prejudice to the
settlem ent of the questions raised by the German Government in th e letter from the
German Minister for Foreign Affairs to the Secretary-General of the League of Nations,
dated J a n u a r y 12th. 1926, regarding the decisions taken by th e Council of the League
of Nations as to the exercise of th e right of investigation.
" The registration lists shall be held a t the disposal of the League of Nations in
conformity with the conditions to be fixed by the latter in pursuance of Article 213.
“ The notes exchanged a t the conclusion of negotiations, and their annexes, together
with the regulations enacted by the German Government, shall be communicated to
the Council of the League of Nations with a view to the application of Article 213 of the
T r e a ty of Versailles. ”
2. I have the honour to inform Your Excellency t h a t the Belgian, British, French,
Italian and Japanese Governments approve these Agreements, and t h a t they hereby recognise
t h a t the application of the measures agreed upon will involve the abrogation of the provisions
a t present applied to ensure the execution of Article 198 of the T re aty of Versailles. Further­
more, it is of course understood th at, in pursuance of Article 198 of t h a t Treaty, the armed
forces of Germany will not include any m ilitary or naval air forces.
(Signed)
A.
B r ia n d .
—
3
—
Annex I.
Me a s u r e s f o r e n s u r i n g t h e E x e c u t i o n o f A r t i c l e
198
of the
T r ea ty of V er sa il l e s.
I.
[ T r a n s l a ti o n .]
The German Governm ent shall issue and p u t into force a decree to the following effect :
§ 1. No aircraft, arm oured or protected in any way whatsoever, or equipped to
receive any engine of war, such as guns, machine-guns, torpedoes, bombs, or apparatus
for the sighting or discharge of these engines of war, shall be built, m aintained, imported
or introduced in traffic.
§ 2. Offences against § 1 above shall be punished by a fine not exceeding
10,000 m arks and a term of im prisonm ent not exceeding three months, or by either of
these penalties. The aircraft shall be seized and rendered useless.
§ 3. Article 2 of the Decree, dated February 12th, 1926, applying the Law of
May 22nd, 1921, regarding th e execution of Articles 177 and 178 of the T reaty of
Versailles (Reichsgesetzblatt, I, p. 235), shall be applicable to an y association offending
against § 1 above.
II.
The German Governm ent shall see t h a t German civil aviation is k e p t within the limits
of normal development, both in regard to commercial aviation, which shall not be subsidised
in excess of these requirem ents, and in regard to aircraft employed in flying schools, and,
further, in regard to a m ateur aviation, subject to the limitations arising out of the following
provisions :
III.
(a) The German G overnm ent shall m ake dependent upon a special licence issued by
it the construction or im portation of aircraft having the technical characteristics of modern
fighting aeroplanes, as regards dead weight, ratio of dead weight to engine-power, seating accom­
modation, factor of safety, climbing speed, air speed and m axim um attainable altitude.
(b) The German Government shall issue these licences to such aircraft exclusively for
the purpose of taking p a rt in international races or competitions, publicly announced, or of
establishing records, officially checked, and for such preparation as m ay be necessary for
taking part in the competitions. Such preparation shall not include practising in flying schools.
The number of aircraft of this kind shall not exceed the num ber of civil aircraft of the same
kind which are in use in any other European country for these purposes.
(c) The German G overnm ent shall take the requisite measures to ensure th a t the
number of air-pilots who are licensed to fly these aircraft shall not exceed the requirements
mentioned in paragraph (b) above.
IV.
The German Government shall take the requisite steps to ensure t h a t the authorities
of the Reich and its constituent States shall not grant subsidies either to associations or
societies or individuals who devote themselves to am ateur aviation or whose main or subsi­
diary occupation consists in the elem entary or advanced training of cadet-pilots or pilots
in amateur aviation, nor, in general, to persons who are engaged in flying, with the exception
of the personnel employed by commercial air-lines or for the normal requirements of aircraft
factories.
The German Government shall tak e suitable steps to ensure t h a t such subsidies shall
not be granted by other public adm inistrative bodies which have public funds to administer,
including communal authorities.
Money prizes offered in flying competitions and appropriations made for the preparatory
organisation of such competitions shall not, either as regards their am ount or their number,
bear the character of subsidies. These prizes and appropriations shall be granted for officially
recognised competitions only.
V.
The German G overnm ent shall take suitable steps to ensure :
(a)
T h a t instruction and training in flying which is of a military character or for
a m ilitary purpose, contrary to the undertaking given under Article 198 of the T reaty
of Versailles, shall be prohibited.
—
4
—
(b) T h a t all public adm inistrations and their staff concerned with the organisation
or adm inistration of arm ed forces shall be prohibited from having a n y dealings for a
m ilitary purpose in contravention of Article 198 of the T re aty of Versailles in regard
to aircraft of any category whatever. These provisions shall not, however, be applicable
to such measures as m ay be necessary for anti-aircraft defence from th e ground.
(c) 1. T h a t members of th e Reichswehr or N avy m ay not, either individually or
collectively, receive any instruction or engage in any activities in connection with aviation
in any form.
2.
T hat, as an exceptional measure, members of the Reichswehr and of the N
m ay, a t their own request, be authorised to fly or to learn to fly as private persons, but only
in connection with a m ateur aviation and a t their own expense. T he German authorities
shall g rant them no special subsidies or special leave for the purpose.
I t is to be understood t h a t these exceptional authorisations shall, in conformity with
paragraph (a) above, exclude all training in flying of a m ilitary character or for a military
purpose.
Such authorisations m ay be granted up to a m axim um of thirty-six. This maximum
m ay only be reached in six years as from J a n u a r y 1st, 1926, w ith the proviso t h a t not more
th an six authorisations m ay be granted in an y one year.
W hen th e m axim um num ber of thirty-six has been reached, it m ay be maintained by
th e g ra n t of not more th a n three new authorisations yearly.
If the holder of any such authorisation ceases to be a m em ber of the A rm y or Navy,
either through death or by retirem ent, a fresh authorisation m ay be issued a t th e beginning
of the following year, over and above th e normal num ber for t h a t year, in place of the one
which has lapsed.
A list of persons holding such authorisations shall be drawn up a t the beginning of each
year.
Members of the Reichswehr and of the N avy who hold a pilot’s licence issued before
April 1st, 1926, m ay continue to a c t as pilots if they do not exceed th e m axim um number
of thirty-six. These thirty-six pilots, who m ay not be replaced and whose names shall appear
on a special list, are not included in the num ber of pilots referred to in the above paragraphs.
VI.
The German Government shall take the necessary measures to ensure t h a t lists are
kept of :
(a) All factories m anufacturing aviation material ;
(b) All aircraft or aero-engines completed or in process of construction, a separate
list being kept of all aircraft or aero-engines intended for export ;
(r) All air-pilots and cadet-pilots (air-pilots qualified to fly aircraft ofthe kinds
specified under heading III above shall be entered on a separate list) ;
(d) All organisations which own air-transport lines ;
(e) All associations or companies or individuals engaged in aviation or using
aircraft ;
(/) All other owners of aircraft.
These lists shall always be ke p t up to date.
VII.
A ircraft w ithout pilots are prohibited.
Annex II.
P ro v isio n s r e g a r d in g P o l ic e .
[Translation.]
The general provisions laid down in Article V, Sections (a), (b) and (c), paragraph 1, also
apply to th e police.
Nevertheless, as an exceptional measure, fifty police officers m ay be given aeronautical
training and hold the pilot’s certificate.
I t is agreed t h a t these pilot’s certificates will not be issued to the police officers to enable
them to engage in aviation, b u t solely to enable them to acquire th e technical knowledge
required for the efficient supervision of commercial aviation.
The fifty pilot’s certificates thus issued m ay only be replaced when their holders retire
from the police force or reach their forty-eighth year.
The fifty holders of these pilot’s certificates shall be distributed among the different
aerial ports.
The police m ay not possess aircraft.
No other special air police organisation shall exist in Germany.
2 LE T TER FROM T H E G ERM A N AMBASSADOR IN P A R IS TO T H E P R E S I D E N T
O F T H E C O N F E R E N C E OF AMBASSADORS.
No. B. 1717.
[T r a n s l a ti o n .]
I
Paris, May 22nd, 1926.
am instructed by m y Governm ent to forw ard to you the following comm unication :
1. The negotiations which have tak e n place a t Paris between the delegates of the
German G overnm ent and the delegates of the Belgian, British, French, Italian and Japanese
Governments, with regard to th e regime to be applied in future to German civil aviation
with a view to the execution of Article 198 of th e T reaty of Versailles, have resulted in an
Agreement on the following basis :
“ The German Governm ent shall apply th e regulations, given in detail in the
attached annexes, and shall ta k e th e measures requisite to this end w ith o u t delay.
“ As soon as th e German G overnm ent has p u t into force these measures, the Aero­
nautical Com m ittee of G uarantee will be withdrawn.
" From t h a t date, and w ithout awaiting G erm any’s e ntry into the League of Nations,
the provisions of Article 213 of the T re aty of Versailles shall apply to the obligations
mentioned above and in general to th e obligations entered into by the German Govern­
ment in air m a tte rs in pursuance of the T re a ty of Versailles, w ithout prejudice to the
settlement of th e questions raised by the German Government in the letter from the German
Minister for Foreign Affairs to the Secretary-General of th e League of Nations dated
Jan u ary 12th, 1926, regarding th e decisions taken by th e Council of the League of Nations
as to th e exercise of th e right of investigation.
" The registration lists shall be held a t th e disposal of th e League of N ations in con­
formity with th e conditions to be fixed b y the latter in pursuance of Article 213.
" The notes exchanged a t th e conclusion of negotiations, and their annexes, together
with the regulations enacted by the German Government, shall be communicated to the
Council of the League of Nations w ith a view to the application of Article 213 of the
Treaty of Versailles. ”
2. I am instructed by m y G overnm ent to confirm the fact th a t, in pursuance of
Article 198 of the T re aty of Versailles, th e arm ed forces of Germany will not include any
military or naval air forces, and I have th e honour to inform you t h a t the German Govern­
ment approves the Agreement referred to above and t h a t it is prepared to execute the obli­
gations which this Agreement imposes upon it. It is further understood t h a t the Belgian,
British, French, Italian and Japanese Governments recognise t h a t the application of the
measures agreed upon will involve th e abrogation of the provisions a t present applied to ensure
the execution of Article 198 of th e T re aty of Versailles.
(Signed) v o n H o e s c h .
3. L E T T E R
FR OM T H E C O N F E R E N C E OF AMBASSADORS
GERM AN AMBASSADOR IN PA RIS.
TO
THE
No. 125.
[Translation.]
Paris, May 22nd, 1926.
I am instructed by the Belgian, British, French, Italian and Japanese Governments to
request you to forward to your G overnm ent the following communication :
These Governments agree to the establishm ent by the German Government in the zone
defined in Article 42 of th e T re aty of Versailles, with th e exception of the territories a t present
under occupation, of th e following air-ports and flying-grounds :
1. F our air-ports, viz. : one a t Cologne, one at Frankfort-on-Main, and two other ports,
one of them situated north of Cologne and the other south of Frankfort, the choice of the site
of these ports to be left to the German Government. The dimensions of the air-ports and the
nature and dimensions of their fixed and other equipm ent shall not exceed the genuine
requirements of normal commercial aviation as based on the regular traffic of the lines in
operation.
2. Twelve other flying-grounds a t places to be chosen by the German Government,
permitting th e landing and taking-off of aeroplanes. The m axim um area of these grounds
shall be 80 hectares and they m ay only be provided with the following premises :
One collapsible hangar (of light material on light foundations) of 1,500 square
metres for aeroplanes ;
One dwelling-house for th e caretaker and his family ;
One small tem porary shelter, w ith telephone, for passengers ;
One store-room for night signals.
—
6
—
The above-m entioned Governments, while m aintaining the principle laid down in the
resolution of the Conference of Ambassadors dated December 15th, 1920, declare that they
will raise no objection on the ground of th e demilitarisation defined in Article 43 of the Treaty
of Versailles to the establishm ent for commercial and sporting aircraft of th e four ports and
twelve flying-grounds referred to above and to their use by commercial or a m ateu r aircraft
of a n y nationality.
The above declaration shall in no case affect any possible exercise of the right of inves­
tigation provided for in Article 213 of the T re aty of Versailles, which the said Governments
continue to regard as applying to the provisions of Articles 42 a n d 43 of the Treaty.
( Signed)
4.
A.
B r ia n d .
L E T T E R FR OM T H E GERM AN AMBASSADOR IN P A R IS TO
P R E S I D E N T OF T H E C O N F E R E N C E OF AMBASSADORS.
TH E
No. B. 1717.
[Translation.]
Paris, May 22nd, 1926.
I am instructed by m y Governm ent to forward to you the following communication.
The German Government, while expressly m aintaining its own point of view with regard
to the interpretation of Article 43 of the T re aty of Versailles, takes note of the declaration
contained in your letter of May 22nd, 1926, to the effect t h a t the Belgian, British, French,
Italian and Japanese Governments will raise no objection, on the ground of Article 43 of the
T re a ty of Versailles, to th e establishm ent for commercial and a m a te u r aircraft in the zone
defined in Article 42 of the T reaty of Versailles, with th e exception of the territories a t present
u nder occupation, of the flying-grounds mentioned in the said letter, and to the use of these
grounds by commercial and a m ateur aircraft of any nationality.
Y our letter points out t h a t the above declaration will not affect any possible exercise
of the right of investigation provided for in Article 213 of the Treaty, which th e abovem entioned Governments consider as applicable to the provisions of Articles 42 and 43 of
the T reaty. On this m a tte r the German Government m aintains the view t h a t the right of
investigation only applies to the provisions contained in P a r t V of th e T re aty of Versailles
and not to the obligations imposed upon Germany by Articles 42 and 43 of the Treaty.
( Signed)
von
H oesch.
5. L E T T E R FR OM T H E C O N F E R E N C E OF AMBASSADORS TO T H E GERMAN
AMBASSADOR IN PA RIS.
No. 126.
[Translation.]
Paris, May 22nd, 1926.
I have the honour to inform you t h a t the Belgian, British, French, Italian and Japanese
Governments have decided to cede to the German Government their rights of ownership over
the Friedrichshafen premises and over the aeronautical equipment left in Germany for the
use of international air traffic.
This cession will date from the day of th e entry into force of the measures agreed upon
between th e Conference of Ambassadors and the German Government, and referred to in the
letters exchanged on May 22nd, 1926, with a view to the execution of Article 198 of the Treaty
of Versailles.
( Signed) A. B r i a n d .
6. L E T T E R FROM T H E GERM AN AMBASSADOR IN P A R IS TO T H E P R E S ID E N T
O F T H E C O N FE R E N C E OF AMBASSADORS.
No. B. 1717.
[Translation.]
Paris, May 22nd, 1926.
I am instructed by m y Government to acknowledge the receipt of your Note of May 22nd,
1926, regarding th e release of th e Friedrichshafen premises and th e aviation e q u i p m e n t
left in Germany for the use of international air traffic.
(Signed) v o n H o e s c h .
7. PROTOCOL.
[T ranslation .]
1. The undersigned record their agreem ent upon the documents hereafter enumerated,
which they have initialled. They express their desire to draw the attention of th eir respective
G o v e r n m e n t s to the close connection between these different documents, which they conse­
q u e n t ly recom m end to those Governments to accept w ithout reservation or modification :
(a) L etters regarding the regime to be applied in future to German civil aviation,
with two annexes (documents A, B, C, D) ;
(b )
L etters regarding the aviation regime in the occupied territories (documents
E, F) ;
(c) L etters regarding air-ports and aerodromes in the demilitarised zone (documents
G, H) ;
(d) L etters regarding the surrender to the German Government of the Friedrich­
shafen premises and of the equipm ent remaining in Germ any available for the use of
international air traffic (docum ents I, J).
2. The undersigned agree in stating t h a t the p utting into force of the measures of appli­
cation to be taken b y th e German G overnm ent in order to ensure the execution of the abovementioned agreem ent will imply the cancelling of the provisions a t present in force for the
purpose of ensuring the execution of Article 198 of the T reaty of Versailles and the immediate
withdrawal of the Committee of Guarantee. The measures of application referred to above
(decrees, etc.) are contained in the eight annexes to the present Protocol. The regulations
to be issued for the application of Article V of Annex I and also Annex II to documents A
and B shall be drawn Up in agreem ent with the Conference of Ambassadors before the coming
into force of the new regime.
If the measures thus enacted in application of the Agreement concluded prove insufficient
in practice, it shall be for the German Government, whose a ttention will have been drawn
to this insufficiency, to supply the rem edy whenever experience shows the necessity of
doing so.
This shall apply in particular if, as regards the training of personnel, the development of
motorless flight (Segelflug) in Germany, through its effect upon the general situation of German
aviation, shall affect the application of Article 198 of th e Treaty.
The lists of pilots an d cadet-pilots in motorless flying shall be kept up to date. These
lists shall, if necessary, be placed a t th e disposal of the League of Nations in the event of the
application of Article 213 of the T re a ty of Versailles in the circumstances provided for in the
previous paragraph.
3. It is agreed t h a t the undertaking to w ithdraw the Air Committee of Guarantee as
soon as the intended measures have been p u t into force by the German Government shall be
fulfilled by t h a t Committee ceasing to continue its work. The members of the Committee
shall be given a reasonable period in which to dissolve their organisation, and during this time
they shall continue to enjoy the diplomatic privileges a t present granted to them.
4. I t is understood th at, in the te x t of the letter from the German Am bassador relating
to the future regime of German civil aviation, the word “ vorbehaltlich ” is equivalent to the
expression in th e French t e x t “ sans préjudice de
5. It is understood t h a t the names of the members of the Reichswehr and N avy men­
tioned in Article V, paragraph (c) 2, of Annex I to documents A and B, who are in possession
of pilot’s certificates issued before April 1st, 1926, shall be communicated to the Conference
of Ambassadors a t the tim e when the measures of application mentioned in paragraph 2 above
come into force.
The licences granted and the cancellations effected in conformity w ith the provisions of
Article V, paragraph (c), of Annex I above mentioned shall be published annually in the
H e e r e s v e r o r d n u n g s b l a t t , the cancellations referred to in the last sentence of Article V, p a ra ­
graph (c), being published separately.
6. The provisions concerning pilots and cadet-pilots m ust be understood as applying
in general to any person capable of flying an aircraft, whatever its category.
7. The provisions concerning the keeping of lists of m aterial and personnel shall not
refer to balloons w ithout engines or to kites employed for purely civilian purposes.
Done in Paris in duplicate on May 7th, 1926.
E.
Graeffe.
J . M. K n a t c h b u l l - H u g e s s e n .
R . M a s sig l i.
G.
F.
R occo.
M
it a n i.
E. N ord.
A n n ex 1 to the Protocol of Signature.
Law
d a te d
Ju ly
8 th ,
1926,
for
of
the
th e
E x e c u tio n
of
A rtic le s
177, 178
and
igg
T rea ty of V er sa il l e s.
[Translation.]
The R eichstag has enacted the following law, which is hereby prom ulgated with the
approval of the R eichsrat :
§ I-
T he law for th e restriction of aerial construction of J u n e 29th, 1921 (Reichsgesetzblait I,
page 789), and the decrees regarding aerial construction of May 5th, 1922 (Reichsgesetzblatt i’
page 476), an d of Septem ber 29th, 1923 (Reichsgesetzblatt I, page 927), are hereby repealed!
§ 2.
The Governm ent of the Reich is authorised to tak e such measures regarding aviation
as m ay be necessary for the fulfilment of the obligations contracted tow ards th e Belgian,
British, French, Italian and Japanese Governments in the German G overnm ent’s Note dated
May 22nd, 1926.
§ 3.
The present law shall come into force on th e day following its promulgation.
Berlin, J u ly 8th, 1926.
A nnex 2 to the Protocol of Signature.
D e c r e e r e g a r d in g A er ia l C o n st r u c t io n , d a t e d J u ly
13th, 1926.
[Translation.]
The German Government, in virtue of th e law for th e execution of Articles 177, 178
and 198 of the T reaty of Versailles, dated J u ly 8th, 1926 (Reichsgesetzblatt I, page 397),
decrees as follows :
§ 1.
No aircraft, arm oured or protected in any way whatsoever, or equipped to receive any
engine of war, such as guns, machine-guns, torpedoes, bombs, or apparatus for the sighting or
discharge of these engines of war, shall be built, m aintained, imported or introduced in traffic.
§ 2.
Offences against § 1 above shall be punished by a fine not exceeding 10,000 m arks and
a term of im prisonm ent not exceeding three m onths, or by either of these penalties.
§ 3.
Aircraft of th e kind referred to in § 1 shall be seized and rendered useless.
§ 4.
Article 2 of th e Decree of February 12th, 1926 (Reichsgesetzblatt I, page 100), to secure
the execution of the Law of March 22nd, 1921, regarding the execution of Articles 177 and 178
of the T re aty of Versailles (Reichsgesetzblatt I, page 235), shall be applicable to any asso­
ciation offending against § 1 above.
§ 5.
The present decree shall enter into force on the day following its promulgation.
Berlin, Ju ly 13th, 1926,
9
—
A n n e x 3 to the Protocol of Signature.
D ec ree r e g a r d in g A ir c r a f t w it h o u t P ilo ts a n d A ir c r a f t w it h
Ch a r a c t e r i s t i c s
of
M odern
F ig h t er A er o pl a n e s, da ted
the
J uly
T ec h n ic a l
13t h , 1926.
[Translation.]
The G overnm ent of the Reich, in virtue of the law for the execution of Articles 177,
178 and 198 of th e T re aty of Versailles, dated J u ly 8th, 1926 (Reichsgesetzblatt I, page 397),
decrees as follows :
§ 1.
Aircraft w ithout pilots are prohibited.
§ 2.
Aircraft possessing the technical characteristics of modern fighter aeroplanes in respect
of dead weight, ratio of dead weight to engine-power, seating accommodation, factor of
safety, climbing speed, air speed and m axim um attainable altitude, m ay only be constructed
or imported with th e consent of th e Ministry of Transport.
This consent m ay be refused w ithout reason being given.
§ 3.
The aircraft described in § 2 m ay only be flown by pilots holding a special licence issued
by the Ministry of T ransport.
§ 4.
Flying-schools are forbidden to carry out exercises with the aircraft described in § 2.
§ 5.
Offences against § 1 to § 4 of th e present decree shall be punished by a fine not exceeding
10,000 m arks and by a term of im prisonm ent no t exceeding three months, or by either of
these penalties.
§ 6.
Aircraft of the kind described in § 1 and of the kind described in § 2, if constructed or
imported w ithout th e necessary licence, shall be seized and rendered useless.
§ 7.
The present decree shall come into force on the day following its promulgation.
Berlin, J u ly 13th, 1926.
A n n ex 4 to the Protocol of Signature.
D ecree
re g a rd in g
th e
R e stric tio n
of
A ir
T ra in in g ,
d a ted
J uly
1 3 th ,
1926.
[Translation.]
The German Government, in virtue of the law for the execution of Articles 177, 178
and 198 of th e T re aty of Versailles, dated J u ly 8th, 1926 (Reichsgesetzblatt I, page 397),
decrees as follows :
§ 1.
All air training of a m ilitary character, or serving a purpose contrary to the undertaking
contained in Article 198 of the T re aty of Versailles, is prohibited.
10
—
§ 2.
Offences against th e provisions of § 1 of the present decree shall be punished by a fine
not exceeding 10,000 m arks and a term of im prisonm ent not exceeding three months, or
by either of these penalties.
§ 3.
Article 2 of th e decree in application of th e law for the execution of Articles 177 and 178
of the T re aty of Peace, dated March 22nd, 1921 (Reichsgesetzblatt I, page 235), dated February
12th, 1926 (Reichsgesetzblatt I, page 100), shall apply to any association which offends
against § 1 of the present decree.
§ 4.
The present decree shall come into force on the day following its promulgation.
Berlin, J u ly 13th, 1926.
A n n e x 5 to the Protocol of Signature.
D ecree
re g a rd in g
th e
K ee p in g
of
A v ia tio n
L ists, d a t e d
J uly
1 3 th ,
1926.
[Translation.]
The German Government, in virtue of th e law for th e execution of Articles 177, 178
and 198 ef the T reaty of Versailles, dated Ju ly 8th, 1926 (Reichsgesetzblatt I, page 397),
decrees as follows :
§ I-
Factories m anufacturing aviation m aterial m ust notify the fact to th e Ministry of
Transport.
§ 2.
Aircraft and aero-engines, w hether completed or in process of construction, shall be
entered in registers on the model given in Annex 1 to the present decree.
§ 3.
E very person who trains flying pupils m ust keep a list showing the names, occupations
and residences of the pupils and the dates on which th e training began and ended.
§ 4.
The m anager of an air-post m ust keep lists showing the names, occupations and residences
of those persons to whom, in accordance w ith § 5 of the A viation Law of August 1st, 1922
(Reichsgesetzblatt I, page 681), § 4, paragraph 1, of t h a t law does not apply.
§ 5.
Associations, companies or individuals engaged in aviation or employing aircraft, as
well as other owners of aircraft, m ust notify th e Ministry of Transport.
The notification m u st contain :
(1)
Name, address or residence of the association, com pany or individual ;
(2)
Type and perm it num ber of the aircraft.
§ 6.
The notifications referred to in § 1 and § 5 m ust be made before the end of th e month
following the m onth in which the case for notification arises.
Factories, associations, companies or individuals in respect of whom notification is already
due a t th e tim e when the present decree comes into force m ust m ake such notification before
th e end of th e m onth following the m onth in which the present decree is promulgated.
11
—
§ 7.
Copies of th e lists m entioned in § 2 to § 4 m u st be subm itted to the Minister of Transport
by July 31st and J a n u a r y 31st of each year in respect of th e previous calendar half-year,
the first half-year ending on J a n u a r y 31st, 1927, and covering the period between the coming
into force of th e present decree and December 31st, 1926.
§ 8.
Offences against the provisions of § 1 to § 7 of th e present decree shall be punished by
a fine not exceeding 150 m arks and b y detention, or by either of these penalties.
§
9-
The present decree shall enter into force on th e day following its promulgation.
Berlin, J u ly 13th, 1926.
A n n e x 6 to the Protocol of Signature.
Le t t e r
from
the
G erman
A m bassador
of
to
the
P r e s id e n t
of
the
Co n f e r e n c e
A m bassadors.
[ T r a n s l a t i o n .]
With reference to the exchange of notes o f ........................................ I am instructed by my
Government to inform you t h a t the Governments of the German States have given an under­
taking to the Central Government not to g ran t subsidies to any organisations, societies or indi­
viduals engaged in a m ateur flying or whose main or subsidiary occupation consists in the
elementary or advanced training of cadet-pilots or pilots for am ateur flying, nor, in general,
to persons who are engaged in flying, with the exception of the personnel employed by commer­
cial air-lines or for the normal requirements of aircraft factories, and also to take suitable
steps to ensure t h a t such subsidies shall not be granted by other public adm inistrative bodies
which have public funds a t their disposal, including communal authorities.
The Governments of the German States have further undertaken not to subsidise commer­
cial aviation in excess of the requirem ents of normal development, and to take the necessary
measures to ensure the fulfilment of the undertakings arising out of the third paragraph of
Article IV of Annex I to m y letter N o.............. d a t e d .............................
A n n e x 7 to the Protocol of Signature.
P ro v isio n s
to
secure
the
A pp l ic a t io n
of
A r t ic l e
D ocument
V,
P aragraphs
(b)
and
( c), o f
C.
[Translation.]
In order to secure th e application of Article V, paragraph (b), the Minister of the
Reichswehr shall issue all the necessary instructions to all services and personnel in any w ay
subordinate to his authority.
The application of Article V, (c) 1, shall also be secured by decrees and instructions from
the Minister of the Reichswehr.
The conditions under which the exceptional perm its m entioned in Article V, (c) 2, m ay
be applied for and obtained shall be contained in special instructions issued in suitable form
to all authorities subordinate to the Ministry of the Reichswehr.
Provision shall be m ade in order t h a t a breach of any of the conditions laid down in
Article V, (c) 2, by the holder of a perm it, or to the advantage of such holder, shall involve
the immediate w ithdraw al of the permit.
A n n e x 8 to the Protocol of Signature.
P r o v isio n s to s e c u r e t h e A p pl ic a t io n of D o c u m e n t D.
[Translation.]
The regulations to be issued b y the Minister of the Interior of the Reich, to which the
different States shall be required to conform, shall :
(1)
Ensure, as regards the police, the observance of the provisions of Article V,
paragraphs (a), (b), (c) 1, of docum ent C, so far as these provisions have not already been
embodied in general regulations ;
12
—
—
(2)
D eterm ine the distribution between the States, and the conditions f0
replacem ent, of the fifty police officers authorised to receive trainig in flying under the
conditions m entioned in docum ent D, and define the obligations of these officials.
The necessary measures shall also be taken to ensure th e observance by th e States of the
provisions contained in th e last two paragraphs of docum ent D.
A N N E X TO
" R E IC H S G E S E T Z B L A T T ” , No. 53.
Specimen.
L i s t o f A i r c r a f t a n d A i r c r a f t E n g i n e s , C o m p l e t e d o r in P r o c e s s o f C o n s t r u c t io n ,
A.
Aeroplanes ;
B.
Airships ;
C.
Aircraft Engines.
A.
A eroplanes.
C onstruction
Serial
Num ber
Maker
Model
Con stru ction
N um ber
Begun on
Com pleted
on
W h e th e r in tended for
e x p o rt ?
Yes
No
1
2
3
E t c .........
B.
Serial
N um ber
M aker
Model
and
gas cap a city
A irsh ip s.
C onstruction
C onstruction
Begun on
C om pleted
011
W h e th e r in tended for
e x p o r t?
Yes
No
1
2
3
E t c ........
C. A i r c r a f t E n g i n e s .
Construction
Serial
N um ber
1 ...........
2
3
E t c ........
M aker
Model
C onstruction
N um ber
B egun on
Com pleted
on
W h e th e r in te n d e d for
e x p o r t?
Yes
No
—
13
10. L E T T E R FR OM T H E G ERM AN AMBASSADOR IN P A R IS TO T H E P R E S I D E N T
O F T H E C O N F E R E N C E OF AMBASSADORS.
No. B. 2126.
[Translation.]
Paris, Ju n e 22nd, 1926.
W ith reference to the exchange of Notes of May 22nd, 1926, I am instructed by m y
Government to inform you t h a t the Governm ents of the German States have given an under­
taking to the Central Governm ent not to g ra n t subsidies to any organisations, societies or
individuals engaged in a m a te u r flying, or whose m ain or subsidiary occupation consists in the
elementary or advanced training of cadet-pilots or pilots for a m a te u r flying, nor, in general,
to persons who are engaged in flying, with th e exception of th e personnel employed by com­
mercial air-Iines or for the normal requirem ents of aircraft factories, and also to take suitable
steps to ensure t h a t such subsidies shall not be granted by other public adm inistrative bodies
which have public funds a t their disposal, including commercial authorities.
The Governments of the German States have further undertaken not to subsidise com­
mercial aviation in excess of the requirem ents of normal development, and to tak e the neces­
sary measures to ensure th e fulfilment of the undertakings arising o u t of the third paragraph
of Article IV of Annex I to m y letter No. B. 1717, dated May 22nd, 1926.
( Signed)
von
H oesch.
11. D E C R E E BY T H E R E IC H S W E H R M IN IS T E R .
[Translation.]
Berlin, August 6th, 1926.
In pursuance of the Paris Air Convention of May 22nd, 1926, and in virtue of th e law of
authorisation of J u ly 8th, 1926, it is herely ordered as follows :
1. All departm ents and their staffs are prohibited from m aintaining any connection
whatsoever w ith aviation for a m ilitary purpose, in contravention of Article 198 of the Treaty
of Versailles. Such prohibition shall not, however, apply to the necessary measures undertaken
for ground anti-aircraft defence.
2. Members of th e Reichswehr shall not be trained or take p a rt in aviation of an y kind
whatever, w hether individually or in groups.
3. N otw ithstanding the above, m em bers of the Reichswehr, not exceeding a specified
number, m ay a t their own request be authorised to learn or take p a rt in a m a te u r flying
privately and a t their own expense. Application shall be made to the Ministry of the Reichs­
wehr. Members of the Reichwehr shall not receive from any adm inistrative auth o rity any
subsidy or special leave for this purpose, nor shall such am ateur flying be of a m ilitary charac­
ter or for any m ilitary purpose. In cases of offence against the above regulations, I shall
cancel th e authorisation.
12. CIRCULAR FROM T H E M IN IS T E R O F T H E IN T E R IO R OF T H E R E IC H TO T H E
G O V ER N M EN TS OF T H E GERM AN STATES.
[Translation.]
Berlin, August 9th, 1926.
In application of the law of J u ly 8th, 1926, for the execution of Articles 177,178 and 198
of the T re aty of Versailles (Reichsgesetzblatt I, page 397), I have the honour to inform you
as follows :
The training a n d em ploym ent of police officers in aviation, of whatsoever kind, whether
individually or in groups, is prohibited. As an exceptional measure, however, fifty police
officials m ay be given aeronautical train in g and hold the pilot's certificate.
Such pilot’s certificates will not be issued to police officers to enable them to engage in
aviation, b u t solely to enable them to acquire the technical knowledge required for the efficient
supervision of commercial aviation. For fu rth e r information, reference should be m ade to
§ 1 of the Decree of Ju ly 13th, 1926, regarding the restriction of air training (Reichsgesetzblatt
I page 464).
The fifty pilot’s certificates thus issued m ay only be replaced when their holders retire
from the police force or reach their forty-eighth year.
A special circular will be issued in regard to the distribution among the States of the
fifty police officers who are entitled to receive air training.
W ithin th e S tate the holders of pilo t’s certificates shall be distributed among the various
aerial ports.
—
14
-
The duties incum bent upon holders of pilot’s certificates in th eir capacity of p0lice
officers shall undergo no modification.
The police shall not possess any aircraft.
No special air police organisation shall be perm itted in Germany.
The police supervision of air tra n s p o rt shall be carried out by m eans of air police stations,
corresponding to ordinary police stations.
Subject to the special supervision of commercial aviation exercised by the fifty police
officers referred to above who hold pilot’s certificates, officials of th e air police stations who
are in charge of th e service a t individual aerodromes shall supervise the application of all
the relevant legal measures and other decrees, in the same m anner as the police in control
of other forms of traffic.
I request you to be so good as to confirm, if possible by retu rn of post, th e fact that you
und e rta k e to observe th e above regulations.
13. L IS T O F R E IC H S W E H R M EM BER S (ARMY AND NAVY) H O L D IN G A PILOT’S
C E R T IF IC A T E W H O H A V E B E E N A U T H O R IS E D , IN CO N FO RM ITY WITH
T H E P A R IS A IR CO N V EN TIO N (A N N E X 1, V), TO C O N TIN U E T H E I R AERO­
N A U TIC A L T R A IN IN G .
Berlin, J u ly 7th, 1926.
[Translation.]
(a)
1.
Captain
2.
3.
4.
5.
L ieutenant
6.
7.
8.
9.
10 .
11.
12
13.
14.
15.
16.
17.
18.
19.
20 .
Second L ieu ten an t
.
21 .
22 .
23.
24.
Lieutenant
Second L ieutenant
Freiherr von Frey berg.
Student.
Lorenz.
Jeschonnek.
Freiherr von Richthofen.
Hoffmann von W aldau.
von Massow.
von l’Estocq.
Notz.
Ibel.
Dinort.
Radtke.
W itt.
Freiherr von Houwald.
Platz.
Drabbe.
Viek.
Plochner.
Foertsch.
Seidemann.
Freiherr von W echmar.
Arens.
Holle.
Nielsen.
(b)
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
Lieutenant
Sub-Lieutenant
Midshipman
A rm y.
Nami.
Coeler.
Ritter.
Siburg.
Bruch.
Krueger,
Geissler.
Roth.
Bischoff.
Schroeder-Zollinger.
Jordan.
Ferber.
Edort.
—
15
—
14. P R O PO SE D D IS T R IB U T IO N O F T H E F I F T Y P O L IC E O F F IC E R S A U T H O R IS E D
TO R E C E IV E A E R O N A U T IC A L T R A IN IN G ON T H E TERM S IN D ICA TED IN
A N N E X I I TO T H E N O TES D A TED MAY 2 2 n d , 1 9 2 6 .
P r u s s ia .......................................................................................................... 35
B a v a ria .....................................................................................................
5
S a x o n y .....................................................................................................
3
W u rte m b e rg ...........................................................................................
2
H a m b u rg .................................................................................................
2
M e cklenburg-S chw erin......................................................................
1
L u b e c k .....................................................................................................
1
49
No final decision has been taken w ith regard to the fiftieth officer.
15. NOTE FROM T H E S E C R E T A R IA T OF T H E C O N F E R E N C E OF AMBASSADORS
TO T H E G ERM AN AMBASSADOR IN PA R IS.
No. 164.
[Translation.]
Paris, August 2nd, 1926.
The Secretariat of the Conference of Ambassadors has the honour to acknowledge receipt
of the following documents which the German Em bassy has been good enough to forward
to it with regard to the execution of the aeronautical agreement of May 22nd last :
1. Revised t e x t of a circular letter addressed by the Minister of the fnterior of
the Reich to th e different States, containing instructions with regard to the activities
of the police in connection w ith aviation.
2. T e x t of Order No. 133/7 /26 t.a. (1) 2 of the Minister of the Reichswehr, dated
July 31st (an order concerning the aeronautical activities of the members of the
Reichswehr).
The Secretariat has the honour to inform the German Em bassy t h a t the form of these
documents has not raised any objection on the p art of the Conference, which therefore approves
of the application of the regime in question.
As regards the circular letter relating to the police, the Conference’s approval is naturally
given on the understanding t h a t the States themselves agree to act in conformity w ith the
instructions.
The Secretariat has a t the same tim e the honour to acknowledge receipt of the following
documents :
1. List dated J u ly 7th of the thirty-six members of the Reichswehr holding pilot’s
certificates and authorised to continue their aeronautical training.
2. D ocum ent (undated) indicating the proposed distribution among the various
German States ( LanderJ of the fifty police officers authorised to receive aeronautical
training.
The Conference has a t the same time ta k e n note of the declaration to the effect t h a t the
directors of aerodromes have been informed of the provisions applicable to the personnel
of the Reichswehr.
The Conference would be obliged if the German Government would inform it of the
date on which these documents take effect, and also of t h a t on which the regime provided
for by the Agreement of May 22nd will enter into force, and on which the different application
orders in regard to which agreem ent has already been reached will be promulgated, in order
that the Inter-Allied Rhineland High Commission m ay be notified in good time.
The Secretariat would also he obliged if the German Em bassy could comm unicate to
it copies of th e authentic and dated tex ts of these different documents.