ARTICLE 20 A standard regulation shall be drawn up relative to the nature of rewards and punishments, the definition of infractions, and the determination of the rights of each person in such matters. SECTION III-RANK AND ASSIGNMENT ARTICLE 21-GENERAL CONSIDERATIONS 1. The basic texts relative to rank and assignment shall cover the following in particular: lists of cadre quotas ("tableaux d'encadrement"), rules for advancement, rules assuring a career service to professionals, principles of administration and management of personnel. The Commission shall prescribe the methods of applying the above texts. 2. The number of ranks is fixed as follows: 4 for enlisted men, 5 for non-commissioned officers, 3 for junior officers, 3 for senior officers, 4 for general officers. ARTICLE 22-PROVISIONS GUARANTEEING RANK AND ASSIGNMENT 1. Members of the European Defense Force may not lose their rank or assignment or be struck from Army rosters except for specified reasons. 2. Appropriate provisions shall be included in the General Regulations on Discipline and the Military Code of Justice. These provisions shall be based on the following general considerations: a) loss of rank may be decided only by judgment of a Tribunal or by way of disciplinary punishment under certain conditions; b) temporary suspension from assignment as a disciplinary measure or for any other serious reason may occur only in strictly defined cases; c) the striking of personnel from Army rosters is possible only in the following cases: resignation, within the provisions of the regulations in effect; attainment of the age limit or the end of the service period; physical disability, professional incompetence, grave misdemeanor or habitual misconduct; conviction by a legally recognized court. d) In the case of officers and non-commissioned officers, measures affecting rank or assignment pursuant to a disciplinary measure may be taken only after the report of a Board of Inquiry. ARTICLE 23-OFFICERS 1. Advancement shall be governed by the basic texts drawn up by the Commissariat within the framework of the provisions of Article 31 of the Treaty. Officers will compete among themselves for advancement within their own contingent, up to and including the rank of General of Division. 2. Appointments to the command of a basic unit; to the rank of general officer, with command over units of different nationality; and to certain higher position in the Commissariat as determined by the Council, shall be conferred by the Commissariat with unanimous concurrence of the Council. 3. All other appointments are conferred by the Commissariat, taking account of the recommendations of the commands concerned. Decisions on appointments below the rank of colonel may be delegated to corps commanders. 4. The list of appointments to each rank shall be determined by the tables of organization. 5. The over-all distribution of appointments in integrated units shall be in conformity with the tables of organization for the member States. ARTICLE 24-NON-COMMISSIONED OFFICERS AND MEN Advancement: Advancement of non-commissioned officers and men shall take place within each contingent in conformity with the general instructions issued by the Commissariat. Assignment: Similarly, the Commissariat shall specify in its instructions the general rules for assignment of non-commissioned offi cers. ARTICLE 25-DETACHMENT OF PERSONNEL Personnel of the European Defense Force may be detached individually from this Force for missions outside the Defense Community. For the duration of the period of detachment, the Community shall be relieved of responsibility for their upkeep, and shall no longer have direct authority over them, but shall continue to maintain their service records with those of their original organization according to rules to be determined. Chapter IV-Principles Concerning Standardization of Doctrines and Methods; Schools ARTICLE 26-STANDARDIZATION OF DOCTRINES AND METHODS 1. In conformity with Article 73 of the Treaty, the training and the conditioning of the European Defense Force shall be carried out on the basis of a common doctrine and uniform methods, drawn up in cooperation with the appropriate N. A. T. O. organizations and according to its directives. 2. This doctrine and these methods will be the subject of common regulations applicable to all contingents comprising the European Defense Force. ARTICLE 27-SCHOOLS 1. The following shall be created as soon as the Treaty goes into effect: Courses for General Officers and General Staff Officers; Air forces: Equivalent units Courses for School Commanders and their principal staff in structors; Courses for liaison officers of at least bilingual ability; Courses for interpreters; Courses for training certain cadres and specialists essential to the European Defense Community as a whole (Signal, Radar, Air Support, Air and Anti-Aircraft Defense, Amphibious Operations, etc.). These courses shall be organized by the Commission and placed under its direct responsibility. They shall be on an inter-service basis whenever this may prove necessary. 2. As soon as possible and in accordance with the needs of the Community, all Schools in existence on the effective date of the Treaty shall become European, with the exception of those which are necessary for the formation and training of armed forces which remain national by virtue of the Treaty. Schools to be created by the Community shall be European from the date of their establishment. All such schools shall be subject to the following general rules: development of the spirit of European cooperation; inspection by the appropriate organizations of the Commissariat; synchronized formation and training phases in order to achieve similar training results, with the programs being drawn up according to the directives issued by the Commissariat; organization of joint instruction periods to be developed to the fullest extent possible; intensive teaching of languages. Advanced training schools shall be integrated. Officer training schools and service schools shall also be integrated. They may, however, consist of sections of a single nationality to facilitate instruction. On a transitional basis, and for as brief a period as possible, officer training schools and service schools shall operate under the jurisdiction and the responsibility of the Commissariat, the direction of such schools being integrated and the teaching staffs and students of a single nationality if found desirable. In this latter case, such training shall take place in the country of origin. Schools for the formation of certain categories of non-commissioned officers and specialists shall be subject to the same regulations as the officer training schools and the service schools. 3. The organization of schools and teaching establishments in the European Naval Force shall be effected within the general framework of the principles defined above, taking into account the special characteristics of this Force. 4. As concerns countries with more than one official language, the application of the measures in the present Chapter shall be subject to the provisions of Article 74 of the Treaty. Chapter V-Use of Languages ARTICLE 28 1. Every member of the European Defense Forces shall employ his national language, subject to the provisions of this chapter. 2. Measures shall be taken to promote, within the European Defense Community, the study of the various national languages of the member states, in accordance with rules to be determined when the curriculum of the European schools is established. 3. In the event that knowledge of an auxiliary language shall be rendered necessary by practical considerations, such auxiliary language shall be taught in the basic schools in a manner to be determined by the Commissariat with the unanimous concurrence of the Council. ARTICLE 29 1. By "reference language" is meant the language which shall prevail in case of misunderstanding or difficulty. The reference language shall be the language of the authority from which issue the orders, instructions, etc. For all training commands, the reference language shall be that of the command. French shall be the reference language of the Commissariat. 2. Communications made to a subordinate echelon shall be in the language of that echelon; in principle, such communications should also be made in the reference language. 3. Communications made to a higher echelon shall be in the language of the echelon in which the communications originated. 4. Communications between echelons not in the same chain of command shall be in the language of one or the other of them, as may prove most practical. In case of difficulty, the common auxiliary language shall be used. 5. The auxiliary language shall be considered as an alternative language to be used obligatorily for all procedural communications (radio, codes, passwords, etc.) or in case of difficulties in use of the other languages. 18. FINANCIAL PROTOCOL, MAY 27, 1952 1 The High Contracting parties, Desirous of completing and defining the procedures for applying the financial provisions of the Treaty instituting the European Defense Community, Have agreed as follows: TITLE I-PREPARATION OF THE COMMON Budget ARTICLE 1 The Commissariat prepares the budget. For this purpose there will be a Finance Administration empowered to establish the estimate of receipts and to centralize the expenditures proposed by the responsible services and which can be modified with the agreement of the latter. This Administration shall, at the proper time, give notice of the procedures and the dates on which expenditure estimates must be submitted. These estimates must be supported by appropriate documentation. The Financial Controller shall give his opinion on the draft budget. TITLE II-CONTENT OF THE COMMON BUDGET ARTICLE 2 The common Budget may include an ordinary section and an extraordinary section, the latter being characterized by either the extraordinary nature of the expenditure or the extraordinary nature of the receipt. ARTICLE 3 Expenditures entered in the common Budget shall be classified according to the principal services of the Community and according to the nature of the expenditure. Within these classifications, expenditures shall be grouped in chapters and each chapter shall include only expenditures of the same nature. If necessary, chapters may be subdivided into articles. ARTICLE 4 The draft Budget must give all information needed to appraise the amount and the purpose of the expenditure. To the extent that it is not contrary to military secrecy, such information shall be given in budgetary documents which are made public. ARTICLE 5 The common Budget shall cover all of the receipts and expenditures of the Community without there being any offsetting of a IS. Execs. Q and R, 82d Cong., 2d sess., pp. 217–225. |