740.5/11–951: Telegram
The Ambassador in France (Bruce) to the Acting Secretary of State 1
2750. Subj is EDF. At meetings on November 6 and 7, EDF conf Steering Comite adopted texts of 14 articles of prospective EDF treaty. This in addition to a preamble and two articles previously agreed to. Comite also set schedules for resolution by heads of delegations, assisted as may be appropriate by legal or mil advisers of remaining issues before conf.
Articles adopted deal with: Creation of supra-national community; principle of non-discrimination; juridical personality of the Assembly; creation of a high court of the community; time limits for appeals to the court; enforcement of a judgment of the court nullifying an action taken by the executive; giving the court interlocutory equity powers; giving the court jurisdiction to hear disputes between member states arising under the treaty; providing for an annexed protocol to contain a code of the court; extending necessary privileges and immunities to the institutions of the community; providing for a convention on transitional provisions; procedure for amending the treaty; procedure for adherence of other states to EDC; providing the treaty is to be in the French language; providing that original text is to be deposited in Paris.
Steering Comite also explored several other matters. In discussion of protection to be extended by EDF to member-states against internal threats to their security, it was agreed that national components might be released upon request of a member-state to meet such threats and that EDF as such wld be available in case of natural catastrophe, but not necessarily, according to Alphand, in case of political troubles.
German delegate (Blank) thereupon said that his country wld play host to large number of troops of many nationalities and that threats, whether or not political, to security of FedRep wld at same time be threats to security of troops stationed in Western Germany. For that reason he favored using EDF troops as such is adopted each member-state shld be required to give its opproval before troops of its nationality cld be used to quell an internal disturbance in another state.
Comite was also asked whether in stating that protection of territory of member-states wld be a mission of EDF it shld be mentioned that this measure wld be carried out in coordination with NATO.
Steering Comite also discussed at length question of whether community executive arm shld be a single commissioner or a cabinet-like group. Blank proposed appointing a group of at least 3 persons, one of [Page 916] whom wld take precedence as a sort of Prime Minister (Blank mentioned example of German Chancellor who has authority to issue policy directives but under whom Ministers within the limits of those directives exercise individual responsibilities). The other two members of the group wld be charged one with mil matters and the other with econ and finan. Blank emphasized very strongly that in his view the man responsible for mil matters shld be a civilian. Finally, he stated that he was not set on any of the details of his proposals; not even on the principle of “cabinet” rather than Prime Minister responsibility. His only essential point was that he thought the community’s executive body shld contain in positions of real dignity and authority nationals of at least three of the member-states. He added that terms of office cld be set at something like three years so that nationality of members of executive cld be rotated. This proposal received very sympathetic hearing from Ital and Dutch delegates. Belgs seemed opposed and Alphand suites strongly stated French preference for a single responsible commissioner, able to act with speed in time of emergency. It was decided to discuss the matter again at end of this week on basis of papers to be prepared by several delegations.
- This telegram was repeated for information to London, Bonn, Rome, The Hague, Brussels, and Luxembourg.↩