The provisions included in the present Chapter in no way prejudge the details of the future organization, and necessary adjustments may be made by a decision of the Commissariat at the time of establishment of the rules of application. Chapter II-General Organization and Formation of the European Defense Forces ARTICLE 5 The EDF shall be organized into: Central institutions Territorial military commands ARTICLE 6 The central institutions of the Commissariat shall be established as soon as the Treaty becomes effective. They shall carry out the build-up operations progressively in such a way that these operations shall not entail any diminution in effectiveness as regards either the Forces assigned to the Community or those remaining under national authority. In this connection, the Central Headquarters shall, as of the date of entry into effect of the Treaty, assign to each of the member States a Deputy who shall have the responsibility of directing the build-up of the contingent furnished by that State, according to the instructions and under the supervision of the Commissariat. This Deputy shall be a citizen of the country in question and shall have at his disposal a detachment of the Central Headquarters which shall be integrated according to command, instruction and liaison requirements. ARTICLE 7 1. A European territorial military organization shall be constituted by this Deputy, through creation, where none exists, of a territorial military system and by adaptation where one exists. This organization shall have European Territorial Military Regions as its basis and the boundaries of these Regions shall be fixed and modified by the Commissariat with the concurrence of the Council by unanimous vote. The Deputy of the Central Headquarters shall have at his disposal the Commands of these Regions, together with the facilities of the detachment from the Central Headquarters, to set up the contingents for which he is responsible. 2. The European territorial military organization thus constituted shall, at the same time that it contributes to formation of contingents, be responsible for fulfilling the needs of European and national forces. It shall operate, also, as needed, for the benefit of NATO forces. Finally, it shall cooperate with services the competence of which remains national. This organization shall be integrated according to the type of troops that they serve. While of European status, it is submitted to two authorities, that is, to the Commissariat and to the appropriate government departments. As concerns the latter, the Deputy of Central European Headquarters shall be subject to their orders in matters within their competence. Internal police forces may use the services of the European Military Territorial Organization. ARTICLE 8 The Member States shall, as of the date of entry into effect of the Treaty, and to the extent that they do not already have such organizations, establish the services and institutions necessary for the accomplishment of their obligations under the Treaty. The Minister responsible for matters which remain national in each Member State or charged with European Defense Affairs shall have at his disposal the Deputy of the Central European Headquarters and the European Territorial Commands for the exercise of his functions. ARTICLE 9 1. European Troop Commands, that is, integrated Commands shall be formed: Some of them as soon as the Treaty becomes effective, to command formations already existing and prepare the integration of other formations; Others within a very short period of time, so that they can, while they are being organized, perform functions of supervision in the preparation of units which will subsequently incorporate [sic]. 2. Transfer of units to Troop Commands shall take place when these Commands having been formed and being in condition to perform their functions, the elementary units have attained a degree of preparation permitting them to be grouped in Large Units. In each case the Commissariat shall decide on the transfer. ARTICLE 10 The period of time allotted for the formation of the forces at the end of which the mission of the Deputy from Central Headquarters ends shall be fixed by decision of the Commissariat. It shall not exceed eighteen months from the date of entry into effect of the Treaty except with the unanimous concurrence of the Council. The final organization of the Territorial Commands to be then put into effect in the European Defense Community shall be determined, before the expiration of the period of time mentioned in the preceding paragraph, by decision of the Commissariat taken with the concurrence of the Council, the latter being given by two-thirds majority vote. Chapter III-Personnel ARTICLE 11 The Commissariat shall elaborate the texts relative to the recruiting and organization of personnel of the European Defense Force within the framework of the general principles defined below. Until such time as these texts go into effect, the pertinent legislation and regulations of the member States shall remain in effect. SECTION I-RECRUITMENT ARTICLE 12-GENERAL CONSIDERATIONS 1. All male citizens of the member States shall be subject to military service unless physically, mentally or morally unfit, and except as provided in the Constitutions or laws of the member States. 2. Decisions on the length of service shall be taken by unanimous vote of the Council,1 In all the member states, the period of active service shall be fixed at a minimum of eighteen months. This minimum can be changed by unanimous vote of the Council. The same conditions as for active service shall apply for regulatory services in the reserves. 3. The operations for building up and supplying the Armed Forces shall comprise the following: the census and classification of citizens of military age; enlistment and re-enlistment of personnel serving on a longterm basis; administration of reserves. These three categories of operations shall be divided between the national organizations and the Commissariat. 4. The European Defense Forces shall be recruited as follows: By total or partial conscription of age groups; By enlistments (on a long-term basis or by voluntary anticipa tion of conscription) and by re-enlistments. 5. In the event that the numbers of citizens fit for military service exceeds the requirements of the Armed Forces, the necessary reduction shall be made by means of exemptions based on social, economic and professional considerations appropriate in each member State, although such action shall not impair the military effectiveness of the contingents. Citizens exempted from active service shall remain subject to the other military obligations of their age class. ARTICLE 13- CALL TO ACTIVE DUTY 1. The census lists shall be drawn up by the competent services, on the basis of the principles previously laid down. 1 See the (first) Special Protocol, May 27, 1952; infra, doc. 20. 2. The persons whose names are on the census lists shall appear before a review board which shall determine their aptitude for service. 3. These persons shall be called to active duty in various numbers over a period of time depending upon requirements and on the basis of their dates of birth, in the year in which they reach the age specified for entry into military service. Temporary deferments may be granted up to a certain age for social, economic and professional reasons appropriate in each member State as well as for residence abroad, provided the military effectiveness of the contingents is not impaired thereby. ARTICLE 14-RECRUITMENT OF OFFICERS AND NON-COMMISSIONED OFFICERS 1. The detailed methods for the recruitment of Officers and NonCommissioned Officers shall be drawn up by the Commissariat. The general conditions to be fulfilled for acceding to each of these categories are given below: 2. Active Officers are recruited from among the following: Candidates fulfilling the required conditions of aptitude who have completed the legal period of troop service. Non-commissioned Officers; Reserve officers admitted to active cadres. 3. Reserve officers are recruited from among the following: Candidates having shown sufficient aptitude following the appropriate training courses either during the period of service or during periods in the reserves; Active officers who have resigned or retired. 4. Active non-commissioned officers are recruited from among the candidates showing sufficient aptitude: During the period of enlistment or reenlistment, in the case of volunteers; During the period of required military service, in the case of conscripts. They may become career non-commissioned officers. 5. Reserve non-commissioned officers are recruited from among the candidates showing sufficient aptitude: During or at the end of their required military service, in the case of conscripts; During the period of enlistment or reenlistment or at the end of this period, in the case of volunteers; During periods in the reserves, in the case of personnel having been released from active duty. SECTION II-DISCIPLINE ARTICLE 15 As provided under the provisions of Article 78 of the Treaty, a single body of General Regulations on Discipline shall be drawn up, 415900-57-77 applicable to the entire European Defense Force. National regula tions shall remain in effect until the common regulations are approved. These common regulations shall be drawn up as rapidly as possible and shall be applied simultaneously to all contingents. ARTICLE 16 1. Members of the European Defense Force shall conduct themselves in a manner befitting the high mission with which they are entrusted. They shall respect civil laws and regulations and local customs. They shall abstain from any act tending to offend the religious convictions of others. All appropriate measures shall be taken to enable them to practice their religion. 2. Members of the European Defense Force have the same obligations toward the Community and its command echelons as military personnel of national armies normally have toward their Government and their own command. The most important of these duties are: loyalty to the Community; obedience to the laws and regulations of this Community; obedience to the European military leaders, regardless of nationality. ARTICLE 17 1. Incorporation of units into the European Defense Force shall be marked by a solemn demonstration of allegiance to the Community in which the traditions of each contingent shall be taken into account. 2. The members of the European Defense Force shall render honor to the flags, standards, and banners of the European Defense Force and of the member states, as well as to the European emblem. ARTICLE 18 The subordinate shall obey his superiors for the good of the service to the extent connected with observance of the law, customs of war, the execution of military regulations; he may appeal any measures considered irregular or any punishment which he deems unjustified under the rules laid down in the General Regulations on Discipline, and subject to the provisions of the Military Code of Justice. ARTICLE 19 The superior must always set an example for his subordinates both in his respect for discipline and his observance of the regulations. The superior should extend the benefit of his experience to his subordinates, should have their material and moral interests at heart, and should avoid any measures which might offend their dignity. He shall be expected to leave to each subordinate the greatest pos sible initiative and shall not interfere in the exercise of command of subordinate authorities. |