aircraft defense with the following maximum characteristics, are regarded as excluded from this definition: Length, 2 meters; Diameter, 30 centimeters; Velocity, 660 meters per second; Ground range, 32 kilometres; Weight of war-head, 22.5 kilogrammes. V. Naval Vessels other than Minor Defensive Craft. Naval Vessels other than minor defensive craft mean: a. Warships over 1,500 tons displacement. b. Submarines. c. All warships powered by means other than steam, diesel or petrol engines or gas turbines or jets. VI. Military Aircraft. Complete military aircraft and components thereof, as listed below: a. Air frames-center section spars, wing panel spars, longerons. b. Jet engines centrifugal impellors, turbo discs, burners, axial flow center shafts. c. Reciprocating engines-cylinder blocks, supercharger impellors. ARTICLE 107 BIS The regulations provided for in Section 3 of Article 106 [107] shall be submitted to the Council within three months after the entry into effect of the Treaty. In the interim, the Commissariat shall grant authorizations in appropriate cases. ARTICLE 108 1. Without prejudice to the provisions of Article 114 below the Commissariat may, as concerns the war materials defined in the Annexes to Article 107, address itself directly to the enterprises in question for information necessary to the fulfillment of its mission; the interested governments shall be kept informed. The Commissariat may cause its agents to proceed to necessary verifications. 2. At the request of the Commissariat, the Court, subject to the provisions of the Protocol concerning its Code, may levy against an enterprise which does not furnish information requested or which knowingly furnishes false information, fines not to exceed one percent of the plant's annual turnover and daily penalty payments not to exceed five percent of the average daily turnover per day of delay. ARTICLE 109 In order to aid the Commissariat in the performance of the tasks provided for in Articles 101 and 102, a Consultative Committee shall be established. It shall be composed of at least 20 and, at the most, 34 members. It shall include, in particular, representatives of producers and of labor; the numbers of the producers' representatives and of the representatives of labor shall be equal. The Committee shall include nationals of each of the member States. The members of the Consultative Committee shall be appointed by the Council, by a two-thirds majority. They shall be designated in their personal capacities for a term of two years. No order or instruction from organizations which have nominated them shall be binding on them. The Consultative Committee shall designate from among its members its President and its executive bureau, for a period of one year. The Committee shall draw up its own internal regulations. The compensation allowed members of the Consultative Committee shall be set by the Council on the proposal of the Commissariat. ARTICLE 110 The Consultative Committee shall be consulted by the Commissariat concerning problems of an economic and social nature raised by the preparation or execution of the common armament, equipment, supply and infrastructure programs. The Commissariat shall submit to the Consultative Committee any information needed in the latter's deliberations. The Consultative Committee shall be convened by its President upon the request of the Commissariat. Minutes of the discussions of the Consultative Committee shall be transmitted to the Commissariat and the Council at the same time as are the Committee's formal opinions. ARTICLE 111 In consultation with the governments of the member States, the Commissariat shall prepare plans for the mobilization of the economic resources of the member States. TITLE VI-GENERAL PROVISIONS ARTICLE 112 The member States undertake to take all general or specific measures appropriate to ensure the carrying out of obligations imposed by decisions and recommendations of institutions of the Community; they undertake also to facilitate the accomplishment by the Community of its mission. The member States undertake to refrain from acts incompatible with the provisions of the present Treaty. ARTICLE 113 All the institutions and services of the Community and of the member States shall collaborate closely concerning questions of common interest. They shall lend each other mutual aid in administrative and judicial matters in accordance with agreements to be made among them. ARTICLE 114 1. The member States undertake to place at the disposal of the Commissariat all information necessary for the accomplishment of its Mission. The Commissariat may request the member States to cause necessary verifications to be made. Upon the request of the Commissariat, which shall be supported by a statement of reasons, its agents shall be permitted to participate in making these verifications. The Council, by a two-thirds vote, may give general directives concerning the application of the preceding paragraph. If a member State believes that the information requested from it by the Commissariat is not needed for the accomplishment of the latter's mission, it may, within ten days, request a ruling from the Court. The Court shall rule on a matter of urgency. While such a request is pending the information in question need not be made available. 2. The institutions of the Community, their staffs and their agents shall not divulge information which is in the nature of a professional or military secret. Any violation of the provisions of the preceding paragraph may, if damage has resulted from it, be ground for a suit in the Court. ARTICLE 115 Within the limits of its competence, agents of the Commissariat charged by it with supervisory missions shall enjoy, as against individuals or public or private enterprises on the territories of member States, to the extent necessary for the accomplishment of their mission, such rights and powers as are granted by the laws of such States to agents of comparable departments of the governments. Missions and the status of the agents charged with them shall be duly communicated to the State in question. Officials of such State may, at the request of such State, or of the Commissariat, assist agents of the Commissariat in carrying out their mission. ARTICLE 116 Under the terms of an annexed Protocol, the Community shall enjoy on the territories of the member States the privileges and immunities necessary to the accomplishment of its mission. ARTICLE 117 If the Commissariat determines that a member State has failed to carry out an obligation imposed upon it by the present Treaty, it shall so inform that State and invite its comments; such comments shall be made within a period of one month. If at the expiration of an additional one-month period there persists a difference of opinion between the Commissariat and the State con cerned, either shall have recourse to the Court. The latter shall decide the case as a matter of urgency. The Council shall be informed of the decision of the Court. ARTICLE 118 The seat of the institutions of the Community shall be determined by agreement among the member States. ARTICLE 119 Without prejudice to the provisions of Chapter V of the Military Protocol,' the language or languages to be employed by the institutions of the Community shall be determined by unanimous decision of the Council. ARTICLE 120 1. The present Treaty is applicable to the European territories of the member States. 2. By decision of the Commissariat taken with the unanimous concurrence of the Council, a) elements of the European Defense Forces may, with the agreement of the competent Supreme Commander responsible to the North Atlantic Treaty Organization, be stationed in territories, other than those defined in Section 1 of this Article, which are included in the area defined in Article 6 of the North Atlantic Treaty; 2 b) schools, training centers and other establishments of the Community may be installed in territories, other than those defined in Section 1 of this Article, which are included in the area defined in Section 2a of this Article, as well as in Africa north of the Tropic of Cancer. 3. Elements of the European Defense Forces, as well as schools, training centers and other establishments of the Community, may be stationed in territories other than those defined in Sections 1 and 2 of this Article by virtue of a unanimous decision to this effect taken by the Council after parliamentary approval, if and as required by the constitutional rules of each member State. This decision of the Council shall be taken after consultation with the North Atlantic Council and with the agreement of the competent Supreme Commander responsible to the North Atlantic Treaty Organization. 4. Member States are authorized to recruit for the needs of contingents furnished by them to the European Defense Forces in territories other than those defined in Section 1 of this Article which are subject to their jurisdiction or for which they assume international responsibility. ARTICLE 121 The member States undertake not to enter into any international agreement incompatible with the present Treaty. 1 Infra, p. 1162. 2 Supra, p. 813. ARTICLE 122 The member States undertake not to permit any treaties, conventions or declarations existing among themselves with a view to settling differences concerning the interpretation or application of the present Treaty by means of a procedure other than that provided by the present Treaty to prevail over the present Treaty. ARTICLE 123 1. In case of serious and urgent necessity, the Council shall assume, or confer upon institutions of the Community or other appropriate organizations, temporary powers necessary to meet the situation, within the limits of the general mission of the Community and with view to ensuring the achievement of its objectives; this decision shall be taken by unanimous vote. A serious and urgent necessity may result either from the situations provided for in Section 3, Article 2 of the present Treaty, in the Treaty between the member States and the UK of the same date or in the protocol concerning Guarantees between the European Defense Community and the North Atlantic Treaty Organization, 2 or from a declaration to that effect adopted by unanimous vote of the Council. 2. The provisional measures taken pursuant to Section 1 of this Article shall cease to be effective on the date on which the state of emergency is declared by the Council, by two-thirds vote, to be at an end. The normally competent institutions shall, in the manner provided for in this Treaty, decide concerning the maintenance of conditions resulting from these measures. 3. The present article does not affect the placing in action of the European Defense Forces for the purpose of meeting an aggression. ARTICLE 124 In any case not provided for in the present Treaty in which a decision or recommendation of the Commissariat appears necessary to ensure the proper functioning of the Community and the realization of its purposes within the limits of its general mission, such decision or recommendation may be taken with the unanimous concurrence of the Council. be If the Commissariat fails to take the initiative, the matter may referred to the Council by one of the member States. The Council may by unanimous vote require the Commissariat to make such decision or recommendation. If the Commissariat fails to take action pursuant to such decision of the Council within the time limit set therein, the Council shall be empowered to take such measures itself by a simple majority. 1 Infra, doc. 22. |