to more than 115 percent of the contribution of that State. If agreement cannot be reached between the Commissariat and the State in question as to this increase, the question, at the request of one or the other of the parties, shall be brought before the Council which shall decide by unanimous vote. The Community shall procure the sums in national currency which are in excess of the contribution of the State in question either through arbitrage of the currency of the member State or arbitrage of the currency of non-member States in conformity with Articles 31 and 32 below. ARTICLE 31 Within the limit of sums which, under the terms of Article 29 above, may be utilized outside of the monetary zone of a member State, the Commissariat may freely engage in arbitrage between the currency of member States and that of non-member States which are linked by a multilateral payments system. Within the limits provided above, and contingent on Article 32 below, the Commissariat may, in agreement with the Governments in question, carry out arbitrage between the currency of member States and the currency of third countries which do not participate in this multilateral payments system. If agreement cannot be reached, the question shall be brought before the Council of Ministers either by the Commissariat or by a member State and the Council shall decide by unanimous vote. ARTICLE 32 Any arbitrage involving either assignment to the Community by a member State of U. S. dollars or freely-convertible currency against delivery of currency of a member State, or acquisition by the Community of currency of a member State against delivery of U. S. dollars or freely-convertible currency, shall be subject to agreement of the Council of Ministers by unanimous vote. ARTICLE 33 Transfers among member States necessary to the execution of the payments of the Community shall be considered as current payments. ARTICLE 34 In the preparation and execution of the Budget, the Commissariat shall limit commitments in currency of a member State or currency of a non-member State to the available funds resulting from the application of the preceding articles. It shall make allowance for the indirect charges in foreign exchange arising for a member State as a result of the activities of the Community within its territory. ARTICLE 35 In order to avoid disturbances in the balance of payments of member States, the Commissariat shall make a careful choice of arbitrated currencies in the light of the economic and financial situation of the participating countries. It shall take the necessary steps to spread out the necessary transfers over the year in question. ARTICLE 36 In cases where the transfers and arbitrages could not continue to be carried out through the European Payments Union the provisions of the present Protocol relative to these transfers and arbitrages shall be reexamined by the Council which shall unanimously decide on the new provisions to be adopted. TITLE VII-FOREIGN AID ARTICLE 37 All division of foreign aid by way of exchanging freely convertible currencies against the local currency of the member States which is contained in an aid agreement foreseen in Article 98 of the Treaty shall be subject to a special approval of the Council by a unanimous vote in application of Article 32 above. ARTICLE 38 Foreign financial aid is considered as a receipt separate from the contributions of the member States and is not subject to the provisions of Articles 29, 30, 34 and 35 above. TITLE VIII-BOOKKEEPING ARTICLE 39 The Finance Administration shall, in conformity with the provisions of the financial regulation and in agreement with the control authorities, decide on the accounting regulations which will make it possible to record all of the operations of the Community, to follow the execution of the Budget, and to prepare the rendering and verification of the accounts of administration. TITLE IX-GENERAL PROVISIONS ARTICLE 40 The Council by unanimous vote shall approve a Financial regulation which shall embody, complete and define the provisions of the present Protocol. Eventually this regulation will be prepared by the Commissariat. ARTICLE 41 The provisions of the present Protocol which complete and define the application of the articles of the Treaty can be amended by a unanimous vote of the Council. 1 See supra, docs. 10-11. 19. PROTOCOL CONCERNING RELATIONS BETWEEN THE EUROPEAN DEFENSE COMMUNITY AND THE NORTH ATLANTIC TREATY ORGANIZATION, MAY 27, 1952 1 The member States of the European Defense Community, 1 Desirous that relations between the North Atlantic Treaty Organization and the European Defense Community maintain the greatest flexibility and avoid to the greatest extent possible the overlapping of responsibilities and functions, Agree as follows: 1. Mutual consultations shall take place between the North Atlantic Council and the Council of the European Defense Community on questions concerning the common objectives of the two organizations, and the two Councils shall hold joint meetings whenever one or the other deems it desirable. Whenever one of the parties to the North Atlantic Treaty or one of the parties to the Treaty establishing the European Defense Community shall consider that the territorial integrity, the political independence or the security of one of them is threatened, or that the existence or integrity of the North Atlantic Treaty Organization or of the European Defense Community is threatened, a joint meeting shall be held upon the request of such party in order to study measures to be taken to deal with the situation. 2. With a view to ensuring close coordination on the technical level, each Organization shall communicate to the other appropriate information, and a permanent contact shall be established between the staffs of the European Defense Community Commissariat and of the civilian agencies of the North Atlantic Treaty Organization. 3. As soon as the European Defense Forces shall have been placed under the command of a Commander responsible to the North Atlantic Treaty Organization, members of the European Defense Forces shall become members of such Commander's Headquarters and of appropriate subordinate Headquarters. Commanders responsible to the North Atlantic Treaty Organization shall ensure all necessary liaison between the European Defense Forces and the other military agencies of the North Atlantic Treaty Organization. 4. The Council of the European Defense Community and the North Atlantic Council may by common agreement adjust the foregoing arrangements governing relationships. 5. The present protocol shall enter into effect at the same time as the Treaty establishing the European Defense Community, of which it shall form an integral part. 1S. Execs. Q and R, 82d Cong., 2d sess., pp. 225–226. 20. [FIRST] SPECIAL PROTOCOL, MAY 27, 1952 1 1 The Governments of the signatory States of the Treaty establishing the European Defense Community, signed this day, agree to consult together with a view to reaching an agreement which shall form the basis for the decision of the Council of Ministers of the Community provided for in Article 12, paragraph 2 of the Military Protocol annexed to the said Treaty. 21. [SECOND] SPECIAL PROTOCOL, MAY 27, 19522 The Governments of the signatory States of the Treaty establishing the European Defense Community, signed this day, agree to take all appropriate measures to facilitate the adherence of the Community as such to international Conventions relating to the laws of war. 22. TREATY BETWEEN THE UNITED KINGDOM AND THE MEMBER STATES OF THE EUROPEAN DEFENSE COMMUNITY, MAY 27, 1952 3 The President of the Federal Republic of Germany, His Majesty the King of the Belgians, the President of the French Republic, the President of the Italian Republic, Her Royal Highness the Grand Duchess of Luxembourg, Her Majesty the Queen of the Low Countries, Her Majesty the Queen of Great Britain, Northern Ireland and the British Territories beyond the Seas, Desirous, in the interests of Western European defense, to extend to the relations between the United Kingdom and the member States of the European Defense Community, established by the Treaty signed at Paris on 27 May 1952, the guarantees of assistance against aggression, provided in Article IV of the Treaty signed at Brussels on March 17, 1948,* have designated as plenipotentiaries who, having exchanged their full powers and found them in good and due form, have agreed as follows: ARTICLE I If, at any time while the United Kingdom is a party to the North Atlantic Treaty, any other Party to the present Treaty which shall at that moment be a member of the European Defense Community, 1 S. Execs. Q and R, 82d Cong., 2d sess., p. 226. or the European Defense Forces, should be the object of an armed attack in Europe, the United Kingdom shall, in accordance with Article 51 of the United Nations Charter, afford the party or the defense forces so attacked, all the military and other aid and assistance in its power. ARTICLE II As long as Article I of the present Treaty remains in effect, if the United Kingdom or its armed forces should be the object of an armed attack in Europe, the other Parties to the present Treaty which at the time shall be members of the European Defense Community, and the European Defense Forces, shall afford the United Kingdom and its forces all the military and other aid and assistance in their power. ARTICLE III The present Treaty shall be ratified and its provisions executed in accordance with the constitutional rules of each contributing State. The instruments of ratification shall be deposited with the Government of the United Kingdom which shall inform the Governments of the other signatory States of each deposit. The Treaty shall become effective as soon as all of the signatory States shall have deposited their instruments of ratification and the Council of the European Defense Community shall have notified the Government of the United Kingdom that the Treaty establishing the European Defense Community has entered into effect. ARTICLE IV The present Treaty, both the English and French texts of which shall be official texts, shall be deposited in the archives of the Government of the United Kingdom, which shall transmit a certified true copy to the Government of each of the other signatory States. 23. ADDITIONAL PROTOCOL ANNEXED TO THE TREATY ESTABLISHING THE EUROPEAN DEFENSE COMMUNITY, CONCERNING GUARANTIES OF ASSISTANCE FROM THE MEMBER STATES OF THE COMMUNITY TO THE STATES PARTIES TO THE NORTH ATLANTIC TREATY, MAY 27, 19521 The member States of the European Defense Community, Convinced that the creation of the European Defense Community, established by the Treaty signed in Paris on May 27, 1952, will strengthen the North Atlantic Community and the 'S. Execs. Q and R, 82d Cong., 2d sess., pp. 228-229. 415900-57-78 |