TOULOUSE, France (AP) – Germany yesterday became the ninth country to approve the Europe Union’s new constitution, but Chancellor Gerhard Schroeder didn’t stick around to celebrate: He hopped on a jet to rally voters in France.

The French appeared determined to rattle the continent and its leaders by saying “non” to the EU treaty in a referendum tomorrow. If polls prove right, France will be the first country to vote down the charter aimed at strengthening the union it helped found.

Down to the wire, pollsters provided mixed signals last night. One survey showed treaty supporters narrowing the lead held by “no” campaigners while another showed the “no” camp’s lead growing to 12 points.

French rejection of the constitution would throw Europe’s forward momentum into disarray, especially if the Dutch follow France’s lead in their referendum three days later. All 25 EU countries must approve the charter, either in parliament or by referendums, for it to take effect as planned on November 1, 2006.

Concern about the treaty’s fate has melted borders away. Schroeder made his third trip to France to stump for the constitution at a symbolic location, Toulouse, in southwest France – the headquarters of Europe’s jet-making powerhouse, Airbus.

Spanish Prime Minister Jose Luis Rodriguez Zapatero plugged for a “oui” in northern France. French opponents of the treaty have complained that such campaigning by European leaders amounts to meddling.

Despite that, a bevy of European politicians – from Britain, Italy, Germany – were the stars of a final, boisterous Paris rally for the “no” campaign, held at a judo hall. The crowd of some 1,500, standing in front of a banner marked “This time it’s non,” gave standing ovations to speaker after speaker, each appealing for a defiant rejection of the text. The EU anthem blared over loudspeakers. Flags of all 25 EU nations hung on the walls.

“The debate in our country is going to spread,”said Henri Emmanuelli, a Socialist bucking his party’s push for a “yes”.

The “no” camp polled 56 per cent compared to 44 per cent for the “yes” camp in a late poll by the Ifop firm. But the CSA agency offered a glimmer of hope for treaty supporters, putting them only four points behind.

Some respondents for the new polls were questioned yesterday – after President Jacques Chirac made a last-ditch televised appeal for the treaty on Thursday, telling voters they hold “France’s destiny in their hands.”

Chirac warned against making the referendum a protest vote – a temptation for those angered by persistent high unemployment, sluggish economic growth and reforms to France’s cherished social protections.

The constitution – more than two years in the making, backed by much of the French political elite and widely by the mainstream press – is meant to be the EU’s next big step in a 50-year process of bringing together nations and peoples divided for centuries by war.

It would streamline EU decision-making and give the bloc a president and foreign minister. Big countries like France would get a greater say in EU decisions. But French opponents fear it would lead to a loss of sovereignty and an influx of cheap labour.

Ultimately, tomorrow’s result could hinge on the turnout and voters who are undecided.

Germany’s upper house of parliament approved the treaty yesterday, meaning that nine countries – comprising 220 million citizens, or nearly half the EU population – have now approved it.

“The voice of nearly 50 per cent of the European Union cannot be ignored,” said EU vice president Margot Wallstrom, pledging that the ratification process will go ahead even if France says no.

Former French President Valery Giscard d’Estaing, the constitution’s main architect, held out the possibility that countries could get another chance to approve the text if voters reject it at first.

The decision rested heavily on the shoulders of many French voters, dominating discussion at dinner tables and water coolers. Some found the 448-clause text confusing, even illegible, making if harder for some to choose.

Supporters say the constitution will give Europe a political dimension it hasn’t had before, helping transform a free trade bloc into a stronger united force.

The “yes” camp pledges that nations will be able to maintain their cultural identities, welfare systems and public services – concerns that resonate in France, with its tradition of generous state aid. But “no” voters fear the treaty will let unfettered capitalism flourish.

The debate has brought together bizarre, disparate bands of politicians on either side.

Most of the mainstream right and Socialist politicians back the constitution, though there are many dissenters, even among Chirac’s conservative party. Those pushing for a “no” include the Communists and the extreme-right National Front of Jean-Marie Le Pen.