integrated defense of the North Atlantic area, and will promote a closer association of the countries of Western Europe, Agree as follows:

Any armed attack

ARTICLE I.

(i) on the territory of one or more of the Parties to the North Atlantic Treaty in the area defined in Article 6 (i) of the said Treaty, or (ii) on the land, naval or air forces of any of the Parties to the North Atlantic Treaty when in the area described in Article 6 (ii) of that Treaty, shall be considered an armed attack against all the member States of the European Defense Community and against the European Defense Forces.

In the event of such an armed attack, the member States of the European Defense Community, in respect of themselves and of the European Defense Forces, shall have the same obligations towards the Parties to the North Atlantic Treaty as those Parties undertake towards the members of the European Defense Community and the European Defense Forces, in virtue of the Protocol between the parties to the North Atlantic Treaty referred to in Article 2 below. The expression, "States Parties to the North Atlantic Treaty" shall mean parties to the said Treaty at the time of entry into effect of the present Protocol.

ARTICLE II.

The present Protocol shall enter into effect at the same time as the Protocol between the States parties to the North Atlantic Treaty, which extends reciprocal guarantees to the member States of the European Defense Community and to the European Defense Forces.

ARTICLE III.

The present Protocol shall remain in effect for so long as the Treaty signed at Paris on May 27, 1952, establishing the European Defense Community, and the North Atlantic Treaty, supplemented by the Protocol referred to in Article II above, remain in effect.

24. COMMON DECLARATION BY THE FOREIGN MINISTERS, MAY 27, 1952 3

The governments represented at the Conference of Foreign Ministers in Paris,

Aware of the essential importance of Article 5 of the Treaty establishing the European Defense Community,

In view of Article 128 (new numbering) of the said Treaty,

1 For the text of art. 6 the North Atlantic Treaty, see supra, p. 813. 2 For Protocol to the North Atlantic Treaty on Guarantees Given by the Parties to the North Atlantic Treaty to the Members of the European Defense Community, May 27, 1952, see S. Execs. Q and R, 82d Cong., 2d sess., pp. 23-24. S. Execs. Q and R, 82d Cong., 2d sess., p. 229.

providing that such Treaty is concluded for a period of 50 years following the date of its entry into effect,

Express the wish that the provisions concerning the duration of the North Atlantic Treaty be adopted to those of the said Article 128. Consider it desirable that the necessary initiative to this end be taken by the States parties to the North Atlantic Treaty which are participating in this Conference.

These governments agree to take such initiative.

25. PROTOCOL CONCERNING THE INTERIM COMMITTEE, MAY 27, 1952 1

The delegations which participated in drawing up the Treaty shall continue to meet as an Interim Committee during the period between the date of signature of the Treaty and the date when the institutions of the European Defense Community begin to function.

Within the Interim Committee they shall consider problems which concern the Community and the measures which the signatory Governments might be required to take before said institutions begin to function.

The Interim Committee shall, on the basis of the Treaty and the annexed Protocols and Conventions, draft the texts which are to be put into force at the same time as the Treaty in order to make it possible for the institutions of the Community to begin to function as soon as the Treaty is ratified.

In addition, it shall collect all of the information needed to facilitate performance by the Commissariat of the most urgent tasks for which it is responsible.

The Interim Committee shall be able to appoint ad hoc working groups and on a temporary basis to call on the experts necessary to carry out their mandate.

The work of the Interim Committee may consist only of preparatory studies and plans which shall not commit the Governments and shall not entail any measures of execution.

26. JURISDICTIONAL PROTOCOL, MAY 27, 19522

TITLE I-REPARATION OF DAMAGES

Chapter I-Responsibility

ARTICLE 1

The Community shall make reparation for the damage caused by

the dereliction of its services.

1S. Execs. Q and R, 82d Cong., 2d sess., p. 231.

2 Ibid., pp. 232-240.

ARTICLE 2

1. The Community, even when not at fault, shall be responsible for damage caused within the buildings and installations under its charge, without prejudice to the possible responsibility of the owner of such property, who remains liable in conformity with national law. In this case, the responsibility of the Community may be evaded or lessened only to the extent that such damage is proved to be the fault of the victim or of a third party or is the result of an act of God.

2. The Community shall be responsible under the same conditions with reference to any of its activities which especially endanger third parties.

3. Until such time as there is established common legislation on civil responsibility as regards damage caused to third parties in mat ters of transportation, the regulations set forth above shall be applied by the competent organizations of the Community, in such a way as to achieve the utmost harmony among the principles of the national legislation of the member States, to the extent that this is in keeping with respect of the above regulations.

ARTICLE 3

When the operation of the services of the Community or the buildings and installations under its charge subject third parties to an exceptionally serious risk, the responsibility of the Community may be evaded or lessened only to the extent that it is proved that the damage is due to the fault of the victim.

ARTICLE 4

The Community shall be responsible for that damage caused to roads or public installations, as a result of utilization thereof by its Forces or its Services which exceeds appreciably either by its nature or by its extent the damage resulting from ordinary utilization of the above facilities.

ARTICLE 5

Unless otherwise stipulated, the Community shall make reparation for damage caused to property placed at its disposal, by virtue of an agreement with one of the member States of the Community or with an agency of these States.

ARTICLE 6

The community shall make reparation for the damages caused by the fault of its agents in the exercise of their functions. Agents shall not be responsible toward third parties as a result of

such acts.

ARTICLE 7

Agents of the Community shall be personally responsible toward third parties, according to the applicable local law and before the competent jurisdiction under common law, for damage for which

they are at fault and which is committed outside the exercise of their functions.

In case of dispute on the point of whether the act causing damage was performed during the exercise of functions, the case shall be brought before the territorially competent court, which shall give final decision on this point, unless such case is covered under the conditions provided in Article 13 below.

Notwithstanding the provisions of paragraph 1 of the present Article, an indemnity may be granted voluntarily by the Community to the injured party, taking into account all the circumstances of the case, particularly the conduct and behavior of the victim. The decisions taken by virtue of the present paragraph may not be appealed.

ARTICLE 8

When a particularly serious act committed by one of its agents has caused the Community direct damage or when by such act the responsibility of the Community is involved in accordance with the provisions of the present Chapter, such agent may be condemned to make reparation for all or part of the damage caused the Community by his act.

ARTICLE 9

Each member State shall refrain from demanding an indemnity of the Community in the event that a member of its armed forces forming part of the Community suffers bodily injury in line of his duty.

Chapter II-Procedure

ARTICLE 10

1. Without prejudice to the provisions of Article 16 below, claims for indemnity shall be submitted to local Indemnity Commissions, of which the number, the territorial jurisdiction and the procedures shall be fixed by regulations drawn up by the Commissariat.

2. These Commissions shall be composed of:

a President appointed by the Commissariat or by the authority to which the latter shall have delegated its powers for this purpose, from among persons having all the necessary qualifications for legal competence in such matters and possessing the nationality of the receiving State;

a member appointed by the Commissariat from among the citizens of member States other than those of the receiving State; a member of the European Forces appointed by the locally competent European military authority.

3. The Commission shall examine the claims for indemnity and proceed with any investigations, verifications, and appraisals which may seem necessary. Within the limits of the powers delegated to him by the general instructions of the Commissariat, the President shall strive to promote an amicable settlement with the claimant.

If an amicable settlement is not reached, the Commission shall determine the indemnity due the claimant. The decision of the Commission shall be taken by majority vote. Reasons for the decision shall be given.

The Commission may decide that an advance on account of the indemnity shall be paid to the claimant, notwithstanding any recourse to appeal.

ARTICLE 11

The decision of the Commission may be appealed by the claimant within two months after notification of such decision or by the Commissariat as soon as such decision has been pronounced. Appeal on point of law may be filed within the period specified by the provisions governing procedure before the Court.

Without prejudice to the provisional measures provided for in paragraph 3 of Article 10 above, the decisions of the Commission shall become final prior to the expiration of the appeal period only if the claimant and the Commissariat forego the exercise of their right of appeal. Appeal shall be a stay of judgment.

ARTICLE 12

Appeal shall be filed before a regional section of the Court composed of one of the judges of this jurisdiction, who shall preside, assisted by four magistrates of the Community. The latter shall be of the nationality of the receiving State. In certain categories of cases, the regional court may consist of only three judges.

Decisions of the Council, taken at the request of the President of the Court and after consultation with the Commissariat, shall fix the number and the territorial jurisdiction of the sections as well as the conditions under which these sections may eventually be called upon to sit in several localities under their jurisdiction.

The regional sections shall examine the case, complete the judicial inquiry if necessary, and make final judgment.

ARTICLE 13

When a case involves questions of principle, it may be referred to the Court either by the [regional section] or by its President after consultation with the assessors whenever the amount of the claim exceeds three thousand United States dollars. When the amount of the claim does not exceed three thousand United States dollars, the Commissariat may, when the case involves questions of principle, file an appeal before the Court in the interest of law against the decision of the regional section; this last decision shall be a final decision binding on all parties.

For judging the cases with which it is seized by virtue of the provisions of the preceding paragraph, the Court shall include the judges who preside over the regional sections.