ARTICLE 85 The initial and transitional measures agreed upon by the High Contracting Parties with a view to permitting the application of the provisions of the present Treaty are set forth in an annexed Convention. ARTICLE 86 The member States bind themselves to take all general and specific measures which will assure the execution of their obligations under the decisions and recommendations of the institutions of the Community, and facilitate the accomplishment of the Community's purposes. The member States bind themselves to refrain from any measures which are incompatible with the existence of the common market referred to in Articles 1 and 4. To the extent of their competence, the member States will take all appropriate measures to assure the international payments arising out of trade in coal and steel within the common market; they will lend assistance to each other to facilitate such payments. Officials of the High Authority charged with verifying information shall enjoy on the territories of the 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 officials of its own tax services. The missions and the status of the officials 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 High Authority, assist those of the High Authority in carrying out their mission. ARTICLE 87 The High Contracting Parties agree not to avail themselves of any treaties, conventions or agreements existing among them to submit any difference arising out of the interpretation or application of the present Treaty to a method of settlement other than those provided for herein. ARTICLE 88 If the High Authority deems that a State is delinquent with respect to one of the obligations incumbent upon it by virtue of the present Treaty, it will, after permitting the State in question to present its views, take note of the delinquency in a decision accompanied by a justification. It will allow the State in question a period of time within which to provide for the execution of its obligation. Such State may appeal to the Court's plenary jurisdiction within a period of two months from the notification of the decision. If the State has not taken steps for the fulfillment of its obligation within the period fixed by the High Authority, or if its appeal has been rejected, the High Authority may, with the concurrence of the Council acting by a majority: (a) suspend the payment of sums which the High Authority may owe to the State in question under the present Treaty; (b) adopt measures or authorize the other member States to adopt measures involving an exception to the provisions of Article 4, so as to correct the effects of the delinquency in question. An appeal to the Court's plenary jurisdiction may be brought against the decisions taken in application of paragraphs (a) and (b) within two months following their notification. If these measures should prove inoperative, the High Authority will lay the matter before the Council. ARTICLE 89 Any dispute among member States concerning the application of the present Treaty, which cannot be settled by another procedure provided for in the present Treaty, may be submitted to the Court at the request of one of the States parties to the dispute. The Court shall also have jurisdiction to settle any dispute among member States related to the purpose of the present Treaty, if such dispute is submitted to it by virtue [of] an agreement to arbitrate. ARTICLE 90 If an act committed by an enterprise in violation of the present Treaty also constitutes a violation of an obligation under the legislation of the State to which the enterprise in question is subject, and if legal or administrative action is instituted against the enterprise in question under such legislation, the State in question shall so inform the High Authority, which may suspend action in the premises. If the High Authority suspends action, it shall be kept informed of the status of the proceedings and permitted to produce any pertinent documents, expert advice and evidence. It shall also be informed of the final decision taken in the case, and shall take account of this decision in determining any sanctions which it may be led to pronounce. ARTICLE 91 If an enterprise does not make within the prescribed time-limit a payment for which it is liable to the High Authority either by virtue of a provision of the present Treaty or the agreements in application thereof or by virtue of a fine or a daily penalty payment imposed by the High Authority, the latter may suspend settlement of sums due by the High Authority to the said enterprise up to the amount of the payment in question. ARTICLE 92 The decisions of the High Authority imposing financial obligations on enterprises are executory. They shall be enforced on the territory of member States through the legal procedures in effect in each of these States, after the writ of execution in use in the State on the territory of which the decision is to be carried out has been placed upon them; this shall be done with no other formality than the certification of the authenticity of such decisions. The execution of these formalities shall be the responsi bility of a Minister which each of the governments shall designate for this purpose. Enforcement of such decisions can be suspended only by a decision of the Court. ARTICLE 93 The High Authority will maintain whatever relationships appear useful with the United Nations and the Organization for European Economic Cooperation, and will keep these organizations regularly informed of the activity of the Community. ARTICLE 94 The relations of the institutions of the Community with the Council of Europe will be assured under the terms of an annexed Protocol. ARTICLE 95 In all cases not expressly provided for in the present Treaty in which a decision or a recommendation of the High Authority appears necessary to fulfill, in the operation of the common market for coal and steel and in accordance with the provisions of Article 5 above, one of the purposes of the Community as defined in Articles 2, 3 and 4, such decision or recommendation may be taken subject to the unanimous concurrence of the Council and after consultation with the Consultative Committee. The same decision or recommendation, taken in the same manner, shall fix any sanctions to be applied. If, following the expiration of the transition period provided for by the Convention containing the transitional provisions, unfore seen difficulties which are brought out by experience in the means of application of the present Treaty, or a profound change in the economic or technical conditions which affects the common coal and steel market directly, should make necessary an adaptation of the rules concerning the exercise by the High Authority of the powers are conferred upon it, appropriate modifications may be made provided that they do not modify the provisions of Articles 2, 3 and 4, or the relationship among the powers of the High Authority and the other institutions of the Community. which These modifications will be proposed jointly by the High Authority and the Council acting by a five-sixths majority. They shall then be submitted to the opinion of the Court. In its examination, the Court may look into all elements of law and fact. If the Court should recognize that they conform to the provisions of the preceding paragraph, such proposals shall be transmitted to the Assembly. They will enter into force if they are approved by the Assembly acting by a majority of three-quarters of the members present and voting comprising two-thirds of the total membership. 1 Infra, doc. 14. ARTICLE 96 Following the expiration of the transition period, the government of each member State and the High Authority may propose amendments to the present Treaty. Such proposals will be submitted to the Council. If the Council, acting by a two-thirds majority, approves a conference of representatives of the governments of the member States, such a conference shall be immediately convoked by the President of the Council, with a view to agreeing on any modifications to be made in the provisions of the Treaty. Such amendments will enter into force after having been ratified by all of the member States in conformity with their respective constitutional rules. ARTICLE 97 The present Treaty is concluded for a period of fifty years from the date of its entry into force. ARTICLE 98 Any European State may request to accede to the present Treaty. It shall address its request to the Council, which shall act by unanimous vote after having obtained the opinion of the High Authority. Also, by a unanimous vote, the Council shall fix the terms of accession. It shall become effective on the day the instrument of accession is received by the government acting as depository of the Treaty. ARTICLE 99 The present Treaty shall be ratified by all the member States in accordance with their respective constitutional rules; the instruments of ratification shall be deposited with the Government of the French Republic.1 The Treaty shall enter into force on the date of the deposit of the instrument of ratification of the last signatory nation to accomplish that formality. In the event that all the instruments of ratification have not been deposited within a period of six months following the signature of the present Treaty, the governments of the States which have effected such deposit will consult among themselves on the measures to be taken. ARTICLE 100 The present Treaty, drawn up in a single copy, shall be deposited in the archives of the Government of the French Republic, which shall transmit a certified copy thereof to each of the governments of the other signatory States. IN WITNESS WHEREOF the undersigned Plenipotentiaries have placed their signatures and seals at the end of the present Treaty. Instruments of ratification were deposited by the Netherlands, July 17, 1952; France, July 18, 1952; Belgium and Italy, July 22, 1952; and by the Federal Republic of Germany and Luxembourg, July 25, 1952. DONE at Paris, the eighteenth of April one thousand nine hundred and fifty-one. Annex I Annex II Definition of the Terms Coal and Steel1 (Not reprinted here.) Special Steels3 (Not reprinted here.) Protocol on the Privileges and Immunities of the Community, April 18, 1951. (Not reprinted here.) Protocol on the Code of the Court of Justice, April 18, 1951.5 (Not reprinted here.) 13. PROTOCOL CONCERNING RELATIONS WITH THE The High Contracting Parties: Fully aware of the need to establish ties as close as possible between the European Coal and Steel Community and the Council of Europe, particularly between the two Assemblies; Taking note of the recommendations of the Council of Europe;" Have agreed to the following provisions: ARTICLE 1 The governments of the member States are invited to recommend. to their respective Parliaments that the members of the Assembly, which these Parliaments are called upon to designate, should preferably be chosen from among the representatives of the Consultative Assembly of the Council of Europe. ARTICLE 2 The Assembly of the Community will forward annually to the Consultative Assembly of the Council of Europe a report on its activity. ARTICLE 3 The High Authority will communicate each year to the Committee of Ministers and to the Consultative Assembly of the Council of Europe the general report provided for in Article 17 of the Treaty. ARTICLE 4 The High Authority will inform the Council of Europe of the action which it has been able to take on any recommendations which the 1 S. Execs. Q and R, 82d Cong., 2d sess., pp. 292-293. 2 Ibid., p. 294. 3 Ibid., p. 295. Ibid., pp. 296–299. 5 Ibid., pp. 299–308. Ibid., pp. 308–309. 7 For Statute of Council of Europe, see supra, doc. 9. |