American Foreign Policy, Current Documents

Members may agree that such a decision shall apply provisionally to them.

Article 7

A Council composed of all the Members shall be the body from which all acts of the Organisation derive. The Council may meet in sessions of Ministers or of Permanent Representatives.

Article 8

The Council shall designate each year a Chairman, who shall preside at its ministerial sessions, and two Vice-Chairmen. The Chairman may be designated to serve one additional consecutive term.

Article 9

The Council may establish an Executive Committee and such subsidiary bodies as may be required for the achievement of the aims of the Organisation.

Article 10

1. A Secretary-General responsible to the Council shall be appointed by the Council for a term of five years. He shall be assisted by one or more Deputy Secretaries-General or Assistant SecretariesGeneral appointed by the Council on the recommendation of the Secretary-General.

2. The Secretary-General shall serve as Chairman of the Council meeting at sessions of Permanent Representatives. He shall assist the Council in all appropriate ways and may submit proposals to the Council or to any other body of the Organisation.

Article 11

1. The Secretary-General shall appoint such staff as the Organisation may require in accordance with plans of organisation approved by the Council. Staff regulations shall be subject to approval by the Council.

2. Having regard to the international character of the Organisation, the Secretary-General, the Deputy or Assistant SecretariesGeneral and the staff shall neither seek nor receive instructions from any of the Members or from any Government or authority external to the Organisation.

Article 12

Upon such terms and conditions as the Council may determine, the Organisation may:

(a) address communications to non-member States or organisations;

(b) establish and maintain relations with non-member States or organisations; and

748-787-65- -37

Article 13

Representation in the Organisation of the European Communities established by the Treaties of Paris and Rome of 18th April, 1951,5 and 25th March, 1957,59 shall be as defined in Supplementary Protocol No. 160 to this Convention.

Article 14

1. This Convention shall be ratified or accepted by the Signatories in accordance with their respective constitutional requirements.

2. Instruments of ratification or acceptance shall be deposited with the Government of the French Republic, hereby designated as depositary Government.61

3. This Convention shall come into force:

(a) before 30th September, 1961, upon the deposit of instruments of ratification or acceptance by all the Signatories; or

(b) on 30th September, 1961, if by that date fifteen Signatories or more have deposited such instruments as regards those Signatories; and thereafter as regards any other Signatory upon the deposit of its instrument of ratification or acceptance;

(c) after 30th September, 1961, but not later than two years from the signature of this Convention, upon the deposit of such instruments by fifteen Signatories, as regards those Signatories; and thereafter as regards any other Signatory upon the deposit of its instrument of ratification or acceptance.

4. Any Signatory which has not deposited its instrument of ratification or acceptance when the Convention comes into force may take part in the activities of the Organisation upon conditions to be determined by agreement between the Organisation and such Signatory. Article 15

When this Convention comes into force the reconstitution of the Organisation for European Economic Co-operation shall take effect, and its aims, organs, powers and name shall thereupon be as provided herein. The legal personality possessed by the Organisation for European Economic Co-operation shall continue in the Organisation, but decisions, recommendations and resolutions of the Organisation

Treaty instituting the European Coal and Steel Community; text in American Foreign Policy, 1950–1955: Basic Documents, pp. 1039–1097.

Treaties establishing the European Economic Community and the European Atomic Energy Community; texts in American Foreign Policy: Current Documents, 1957, pp. 426-578.

60 Appended below.

The 20 signatories deposited instruments of ratification in the following order: Canada, Apr. 10, 1961, the United States, Apr. 12, 1961, the United Kingdom, May 2, 1961, Denmark, May 30, 1961, Iceland, June 5, 1961, Norway, July 4, 1961, Turkey, Aug. 2, 1961, Spain, Aug. 3, 1961, Portugal, Aug. 4, 1961, France, Aug. 7, 1961, Ireland, Aug. 17, 1961, Belgium, Sept. 13, 1961, the Federal Republic of Germany and Greece, Sept. 27, 1961, Sweden and Switzerland, Sept. 28, 1961, Austria, Sept. 29, 1961, the Netherlands, Nov. 13, 1961, Luxembourg, Dec. 7, 1961, and Italy Mar. 29, 1962.

for European Economic Co-operation shall require approval of the Council to be effective after the coming into force of this Convention.62 Article 16

The Council may decide to invite any Government prepared to assume the obligations of membership to accede to this Convention. Such decisions shall be unanimous, provided that for any particular case the Council may unanimously decide to permit abstention, in which case, notwithstanding the provisions of Article 6, the decision shall be applicable to all the Members. Accession shall take effect upon the deposit of an instrument of accession with the depositary Government.

Article 17

Any Contracting Party may terminate the application of this Convention to itself by giving twelve months' notice to that effect to the depositary Government.

Article 18

The Headquarters of the Organisation shall be in Paris, unless the Council agrees otherwise.

Article 19

The legal capacity of the Organisation and the privileges, exemptions, and immunities of the Organisation, its officials and representatives to it of the Members shall be as provided in Supplementary Protocol No. 2 63 to this Convention.

Article 20

1. Each year, in accordance with Financial Regulations adopted by the Council, the Secretary-General shall present to the Council for approval an annual budget, accounts, and such subsidiary budgets as the Council shall request.

2. General expenses of the Organisation, as agreed by the Council, shall be apportioned in accordance with a scale to be decided upon by the Council. Other expenditure shall be financed on such basis as the Council may decide.

Article 21

Upon the receipt of any instrument of ratification, acceptance or accession, or of any notice of termination, the depositary Government shall give notice thereof to all the Contracting Parties and to the Secretary-General of the Organisation.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly empowered, have appended their signatures to this Convention.

DONE in Paris, this fourteenth day of December, Nineteen Hundred and Sixty, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited with the

€3

See the memorandum of understanding, appended below.

Appended below.

depositary Government, by whom certified copies will be communicated to all the Signatories.

SUPPLEMENTARY PROTOCOL NO. 1 TO THE CONVENTION ON THE ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT

THE SIGNATORIES of the Convention on the Organisation for Economic Co-operation and Development;

HAVE AGREED as follows:

1. Representation in the Organisation for Economic Co-operation and Development of the European Communities established by the Treaties of Paris and Rome of 18th April, 1951, and 25th March, 1957, shall be determined in accordance with the institutional provisions of those Treaties.

2. The Commissions of the European Economic Community and of the European Atomic Energy Community as well as the High Authority of the European Coal and Steel Community shall take part in the work of that Organisation.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly empowered, have appended their signatures to this Protocol.

DONE in Paris, this fourteenth day of December, Nineteen Hundred and Sixty, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited with the Government of the French Republic, by whom certified copies will be communicated to all the Signatories.

.65

SUPPLEMENTARY PROTOCOL NO. 2 TO THE CONVENTION ON THE ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT

THE SIGNATORIES of the Convention on the Organisation for Economic Co-operation and Development (hereinafter called the "Organisation");

HAVE AGREED as follows:

The Organisation shall have legal capacity and the Organisation, its officials, and representatives to it of the Members shall be entitled to privileges, exemptions, and immunities as follows:

"At this point there appears in the source text a list of the 20 signatory states and their plenipotentiaries, followed by a certification of the authenticity of the French and English language texts. The Secretary of the Treasury (Dillon) and the U.S. Representative to the European Regional Organizations (Burgess) signed for the United States.

65 See the preceding footnote.

(a) in the territory of the Contracting Parties to the Convention for European Economic Co-operation of 16th April, 1948, the legal capacity, privileges, exemptions, and immunities provided for in Supplementary Protocol No. I to that Convention;

(b) in Canada, the legal capacity, privileges, exemptions, and immunities provided for in any agreement or arrangement on legal capacity, privileges, exemptions, and immunities entered into between the Government of Canada and the Organisation;

(c) in the United States, the legal capacity, privileges, exemptions, and immunities under the International Organisations Immunities Act provided for in Executive Order No. 10133 of 27th June, 1950; 6s and

(d) elsewhere, the legal capacity, privileges, exemptions, and immunities provided for in any agreement or arrangement on legal capacity, privileges, exemptions, and immunities entered into between the Government concerned and the Organisation.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly empowered, have appended their signatures to this Protocol.

MEMORANDUM OF UNDERSTANDING ON THE APPLICATION OF ARTICLE 15 OF THE CONVENTION ON THE ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT

Article 15 of the Convention on the Organisation for Economic Co-operation and Development (hereinafter called the "Convention") provides that decisions, recommendations and resolutions (hereinafter called "acts") of the Organisation for European Economic Cooperation shall require approval of the Council of the Organisation for Economic Co-operation and Development (hereinafter called the "Council") to be effective after the coming into force of the Convention.

Pursuant to a Resolution adopted at the Ministerial Meeting of 22nd-23rd July, 1960, a Preparatory Committee has been established and instructed to carry further the review of the acts of the Organisation for European Economic Co-operation, to determine which acts should be recommended to the Council for approval, and to recom

Text in Convention for European Economic Cooperation, With Related Documents, Paris, April 16, 1948 (Department of State publication 3145), pp. 27–38. Public Law 291, 79th Cong., approved Dec. 29, 1945 (59 Stat. 669; A Decade of American Foreign Policy: Basic Documents, 1941-1949, pp. 167–172). 15 Fed. Reg. 4159.

See footnote 64 above.

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