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UNITED NATIONS

Treaty Series

Treaties and international agreements

registered or filed and recorded vith the Secretariat of the United Nations

VOLUME 298

Recueil des Traites

Traites et accords internationaux

enregistres ou classes et inscrits au repertoire au Secrtariat de l'Organisation des Nations Unies

NATIONS UNIES

Volumes 294 to 298 contain the texts of the Final Act and related instruments, established by the Intergovernmental Conference on the Common Market and EURATOM and registered under Nos. 4300 to 4302. The first four volumes reproduce the official texts of these instruments in French, German, Italian and Dutch, each volume being devoted to one official text, i.e.:

Volume 294 -French

Volume 295 -German

Volume 296 -Italian

Volume 297 -Dutch

Volume 298 contains the English translation made by the "Interim Committee for the Common Market and EURATOM" and transmitted by the Italian Government. Les volumes 294 i 298 renferment le texte de l'Acte final et des instruments connexes qui ont t6 itablis par la Conference intergouvernementale pour le march6 commun et I'EURATOM et enregistr~s sous les num6ros 4300 i 4302. Dans les quatre premiers volumes, le texte officiel de ces instruments se trouve reproduit en fran~ais, en allemand, en italien et en n~erlandais, chaque volume tant consacr6 i un texte officiel comme il est indiqu6 ci-dessous:

Volume 294 -fran ais

Volume 295 -allemand

Volume 296 -italien

Volume 297 -n6erlandais

Le volume 298 contient la traduction anglaise qui a W faite par la Commission intrimaire pour le march6 commun et I'EURATOM et communiquie par le Gou- vernement italien.

Treaties and international agreements registered

or filed and recorded with the Secretariat of the United Nations

VOLUME 298 1958 L Nos. 4300.4302

TABLE OF CONTENTS

Treaties and international agreements

registered on 24 April 1958

No. 4300.' 'Belgium,

Federal Republic of Germany,

France, Italy, Luxembourg

Pag and Netherlands: Final Act of the Intergovernmental Conference on the Common Market and EURATOM (with annexed declarations). Done at Rome, on 25 March 1957
Treaty establishing the European Economic Community (with annexes and

Protocols). Done at Rome, on 25 March 1957

Protocols annexed to the said Treaty. Done at Brussels, on 17 April 1957 Implementing Convention relating to the association with the Community of the overseas countries and territories (with annexes and Protocols). Done at Rome, on 25 March 1957 ..... ..................... 3 No. 4301. Belgium, Federal Republic of Germany, France, Italy, Luxembourg and Netherlands: Treaty (with annexes and Protocol) establishing the European Atomic Energy Community (EURATOM). Done at Rome, on 25 March 1957 Protocols annexed to the said Treaty. Done at Brussels, on 17 April 1957 4 No. 4302. Belgium, Federal Republic of Germany, France, Italy, Luxembourg and Netherlands: Convention relating to certain institutions common to the European Com- munities. Done at Rome, on 25 March 1957 ... ............ ... 267

NOTE BY THE SECRETARIAT

Under Article 102 of the Charter of the United Nations every treaty and every international agreement entered into by any Member of the United Nations after the coming into force of the Charter shall, as soon as possible, be registered with the Secretariat and published by it. Further- more, no party to a treaty or international agreement subject to registration, which has not been registered, may invoke that treaty or agreement before any organ of the United Nations. The General Assembly by resolution 97 (I) established regulations to give effect to Article 102 of the Charter (see text of the regulations, Vol. 76, p. XVIII). The terms "treaty" and "international agreement" have not been defined either in the Charter or in the regulations, and the Secretariat follows the principle that it acts in accordance with the position of the Member State submitting an instrument for registration that so far as that party is concerned the instrument is a treaty or an international agreement within the mean- ing of Article 102. Registration of an instrument submitted by a Member State, therefore, does not imply a judgement by the Secretariat on the nature of the instrument, the status of a party, or any similar question. It is the understanding of the Secretariat that its action does not confer on the instrument the status of a treaty or an international agreement if it does not already have that status and does not confer on a party a status which it would not otherwise have. I

Treaties and international agreements

registered on 24 April 1958

Nos. 4300 to 4302

No. 4300

BELGIUM, FEDERAL REPUBLIC

OF GERMANY, FRANCE, ITALY,

LUXEMBOURG and NETHERLANDS

Final Act of the Intergovernmental Conference on the

Common Market and EURATOM (with annexed de-

clarations). Done at Rome, on 25 March 1957 Treaty establishing the European Economic Community (with annexes and Protocols). Done at Rome, on

25 March 1957

Protocols 'annexed to the said Treaty. Done at Brussels, on 17 April 1957 Implementing Convention relating to the association with the Community of the overseas countries and terri- tories (with annexes and Protocols). Done at Rome, on 25 March 1957 O§icial texts : French, German, Italian and Dutch.

Registered by Italy on 24 April 1958.

1958 Nations Unies -Recueil des Traitds 5

No. 4300. FINAL ACT OF THE INTERGOVERNMENTAL

CONFERENCE ON THE COMMON MARKET AND

EURATOM

THE INTERGOVERNMENTAL CONFERENCE ON THE COMMON MARKET AND EURATOM, set up on 29 May 1956 in Venice by the Ministers of Foreign Affairs of the Kingdom of Belgium, of the Federal Republic of Germany, of the French Republic, of the Italian Republic, of the Grand Duchy of Luxembourg, and of the Kingdom of the Netherlands, having continued its work in Brussels and having, on the conclusion of its deliberations, met in Rome on 25 March1957, has establish- ed the following texts

1. The TREATY establishing the European Economic Community and the An-

nexes thereto

2. the Protocol on the Statute of the European Investment Bank;

3. the Protocol relating to German internal trade and connected problems;

4. the Protocol relating to certain provisions of concern to France;

5. the Protocol concerning Italy;

6. the Protocol concerning the Grand Duchy of Luxembourg;

7. the Protocol relating to goods originating in and coming from certain countries

and enjoying special treatment on importation into one of the Member States ;

8. the Protocol relating to the treatment to be applied to products within the

competence of the European Coal and Steel Community in respect of Algeria and the overseas departments of the French Republic ;

9. the Protocol concerning mineral oils and certain of their derivatives;

10. the Protocol relating to the application of the Treaty establishing the Euro-

pean Economic Community to the non-European parts of the Kingdom of the Netherlands ;

11. the Implementing Convention relating to the association of the overseas

countries and territories with the Community, and the Annexes thereto;

12. the Protocol concerning the tariff quota for imports of bananas ; and

13. the Protocol concerning the tariff quota for imports of unroasted coffee.

II

1. The TREATY establishing the European Atomic Energy Community, and the

Annexes thereto ; and

6 United Nations -Treaty Series 1958

2. the Protocol relating to the application of the Treaty establishing the Euro-

pean Atomic Energy Community to the non-European parts of the Kingdom of the Netherlands. III The CONVENTION relating to certain institutions common to the European

Communities.

At the time of signing the above texts, the Conference adopted the Declarations set out below and annexed to this Act :

1. A Common Declaration relating to co-operation with States members of inter-

national organisations ;

2. a Common Declaration relating to Berlin;

3. a Declaration of Intention with a view to the association of the independent

countries of the franc area with the European Economic Community;

4. a Declaration of Intention with a view to the association of the Kingdom of

Libya with the European Economic Community;

5. a Declaration of Intention relating to Somaliland, at present under the trustee-

ship of the Italian Republic; and

6. a Declaration of Intention with a view to the association of Surinam and the

Netherlands Antilles with the European Economic Community. The Conference further took note of the Declarations set out below and an- nexed to this Act.:

1. A Declaration by the Government of the Federal Republic of Germany con-

cerning the definition of German nationals;

2. a Declaration by the Government of the Federal Republic of Germany con-

cernhig the application of the Treaties to Berlin ; and

3. a Declaration by the Government of the French Republic concerning appli-

cations for patents covering information classified for reasons of 'defence. Finally, the Conference decided to prepare at a later date :

1. The Protocol on the Statute of the Court of Justice of the European Economic

Community;

2. the Protocol on the privileges and immunities of the European Economic

Community;

3. the Protocol on the Statute of the Court of Justice of the European Atomic

Energy Community; and

4. the Protocol on the privileges and immunities of the European Atomic Energy

Community.

1958 Nations Unies -Recueil des Traitds 7

Protocol 1 and Protocol 2 shall constitute Annexesto the Treaty establishing the European Economic Community; Protocol 3 and Protocol 4 shall constitute Annexes to the Treaty establishing the European Atomic Energy Community. IN FAITH WHEREOF, the undersigned Plenipotentiaries have placed their signatures at the end of the present Final Act. DONE at Rome, on the twenty-fifth day of March in the year one thousand nine hundred and fifty-seven.

P. H. SPAAK J. Ch. SNOY ET D'OPPUERS

ADENAUER HALLSTEIN

PINEAU M. FAURE

Antonio SEGNI Gaetano MARTINO

BECH Lambert SCHAUS

J. LUNS J. LINTHORST HOMAN

COMMON DECLARATION RELATING TO CO-OPERATION WITH STATES

MEMBERS OF INTERNATIONAL ORGANISATIONS

THE GOVERNMENTS OF THE KINGDOM OF BELGIUM, THE FEDERAL REPUBLIC OF GERMANY, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE GRAND DUCHY OF

LUXEMBOURG AND THE KINGDOM OF THE NETHERLANDS,

AT THE TIME of signing the Treaties establishing between themselves the European Economic Community and the European Atomic Energy Community, CoNscIous of the responsibilities which they assume for the future of Europe by uniting their markets, by approximating their economies and by defining in this sphere the principles and particulars of a common policy, RECOGNISING that the establishment between themselves of a customs union and of a close collaboration in the peaceful development of nuclear energy, these being effective instruments of economic and social progress, shall contribute not only to their own prosperity but also to that of other countries, ANXIOUS to associate such countries with the prospects of expansion offered by the establishment of these Communities, HEREBY DECLARE THEIR willingness to conclude, upon the entry into force of these Treaties, with other countries, in particular within the framework of the international organisations in which they participate, agreements permitting the achievement of these objectives of common interest and ensuring the harmonious development of international exchanges in general.

8 United Nations -Treaty Series 1958

COMMON DECLARATION RELATING TO BERLIN

THE GOVERNMENTS OF THE KINGDOM OF BELGIUM, THE FEDERAL REPUBLIC OF GERMANY, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE GRAND DUCHY OF

LUXEMBOURG AND THE KINGDOM OF THE NETHERLANDS,

HAVING REGARD to the particular situation of Berlin and the necessity for giving it the support of the free world, ANXIOUS to confirm the solidarity which links them to the population of Berlin, UNDERTAKE TO USE THEIR GOOD OFFICES within the Community in order that all necessary measures may be taken to ease the economic and social situation of Berlin, to promote its development and to ensure its economic stability. DECLARATION OF INTENTION WITH A VIEW TO THE ASSOCIATION OF THE INDEPENDENT COUNTRIES OF THE FRANC AREA WITH THE

EUROPEAN ECONOMIC COMMUNITY

THE GOVERNMENTS OF THE KINGDOM OF BELGIUM, THE FEDERAL REPUBLIC OF GERMANY, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE GRAND DUCHY OF

LUXEMBOURG AND THE KINGDOM OF THE NETHERLANDS,

TAKING INTO CONSIDERATION the economic, financial and monetary agreements and conventions concluded between France and the other independent countries of the franc area, ANXIOUS to maintain and intensify the traditional currents of trade between the Member States of the European Economic Community and these independent countries and to contribute to the economic and social development of the latter, DECLARE THEIR READINESS, upon the entry into force of the Treaty, to propose to those countries the opening of negotiations with a view to concluding conventions for economic association with the Community. DECLARATION OF INTENTION WITH A VIEW TO THE ASSOCIATION OF THE KINGDOM OF LIBYA WITH THE EUROPEAN ECONOMIC COMMUNITY THE GOVERNMENTS OF THE KINGDOM OF BELGIUM, THE FEDERAL REPUBLIC OF GERMANY, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE GRAND DUCHY OF

LUXEMBOURG AND THE KINGDOM OF THE NETHERLANDS,

TAKING INTO CONSIDERATION the economic links existing between Italy and the

Kingdom of Libya,

ANXIOUS to maintain and intensify the traditional currents of trade between the Member States of the Community and the Kingdom of Libya and to contribute to the economic and social development of the latter, DECLARE THEIR READINESS, upon the entry into force of the Treaty, to propose to the Kingdom of Libya the opening of negotiations with a view to concluding conventions for economic association with the Community.

1958 Nations Unies -Recuei des Traite's 9

DECLARATION OF INTENTION RELATING TO SOMALILAND AT PRESENT

UNDER THE TRUSTEESHIP OF THE ITALIAN REPUBLIC

THE GOVERNMENTS OF THE KINGDOM OF BELGIUM, THE FEDERAL REPUBLIC OF GERMANY, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE GRAND DUCHY OF

LUXEMBOURG AND THE KINGDOM OF THE NETHERLANDS,

ANXIOUS, at the time of signing the Treaty establishing between themselves the European Economic Community, to define the scope of the provisions of Article 131 and Article 227 of the said Treaty, in view of the fact that under Article 24 of the Trustee- ship Agreement for the Territory of Somaliland I the Italian administration of that

Territory will end on 2 December 1960,

HAVE AGREED to reserve to the authorities, which will after that date be responsible for the external relations of Somaliland, the right to confirm the association of that Territory with the Community, and declare their readiness to propose, if need be, to these authorities the opening of negotiations with a view to concluding conventions for economic association with the Community. DECLARATION OF INTENTION WITH A VIEW TO THE ASSOCIATION OF SURINAM AND THE NETHERLANDS ANTILLES WITH THE EUROPEAN

ECONOMIC COMMUNITY

THE GOVERNMENTS OF THE KINGDOM OF BELGIUM, THE FEDERAL REPUBLIC OF GERMANY, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE GRAND DUCHY OF

LUXEMBOURG AND THE KINGDOM OF THE NETHERLANDS,

TAKING INTO CONSIDERATION the close links which unite the parts of the Kingdom of the Netherlands, ANXIOUS to maintain and intensify the traditional currents of trade between the Member States of the European Economic Community, on the one hand, and Surinam and the Netherlands Antilles, on the other hand, and to contribute to the economic and social development of those countries, DECLARE THEIR READINESS, upon the entry into force of the Treaty and at the request of the Kingdom of the Netherlands, to open negotiations with a view to concluding conventions for the economic association of Surinam and the Netherlands Antilles with the Community. DECLARATION BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY CONCERNING THE DEFINITION OF GERMAN NATIONALS On the occasion of the signing of the Treaty establishing the European Economic Community and the Treaty establishing the European Atomic Energy Community, the Government of the Federal Republic of Germany makes the following declaration : "As concerns the Federal Republic of Germany, the term, 'national' shall mean all Germans as defined in the Basic Law for the Federal Republic of Germany."

1 United Nations, Treaty Series, Vol. 118, p. 256.

10 United Nations -Treaty Series 1958

DECLARATION BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY CONCERNING THE APPLICATION OF THE TREATIES TO

BERLIN

The Government of the Federal Republic of Germany reserves the right to declare, when depositing its instruments of ratification, that the Treaty establishing the European Economic Community and the Treaty establishing the European Atomic Energy Com- munity shall also apply to Land Berlin. DECLARATION BY THE GOVERNMENT OF THE FRENCH REPUBLIC CON-quotesdbs_dbs28.pdfusesText_34

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