ARTICLE 9

(a) The voting rights of the several members of the Authority in its Council shall be:

(b) Eight favorable votes shall be sufficient for every decision of the Authority, except as provided in Articles 13, 14, 17 and 24.

(c) The votes allocated to Germany shall be cast as a unit by the joint representative of the Occupation Authorities concerned appointed as provided in Article 4, until the Occupying Powers concerned determine that the German Government, by accession or by other means, has assumed the responsibilities placed upon Germany by the present Agreement. Thereafter such votes shall be cast by the German representative.

ARTICLE 10

(a) The Executive Secretary will be appointed by the Council, will serve as head of the Secretariat, will act under the instructions of the Council and will perform such duties as the Council shall determine. He will be entitled to participate, without right of vote, in all meetings of the Council, shall keep minutes of its meetings and shall maintain a register of its decisions.

(b) The Executive Secretary shall appoint his staff in accordance with staff regulations drawn up as provided in Article 13. In his choice of staff he will be guided by the need for securing the highest standards of integrity, efficiency, independence and technical competence. The Council shall ensure that there is no undue concentration of posts in the hands of persons of any one nationality.

(c) The responsibilities of the Executive Secretary and of the staff shall be exclusively international in character. In the discharge of their duties, they shall not seek or receive instructions from any government or from any authority other than that constituted by the present Agreement. They shall refrain from any action which might prejudice their position as international officials. Each member of the Authority undertakes to respect the international character of the responsibilities of the Secretariat and will not seek to influence the Executive Secretary or his staff in the discharge of their duties.

ARTICLE 11

The annual budget shall be prepared by the Executive Secretary for approval by the Council.

ARTICLE 12

The Authority shall conduct its business in English, French and German, of which English and French shall be the official languages. Authoritative German texts of documents shall be provided as neces

sary.

ARTICLE 13

Immediately after the present Agreement comes into force the first meeting of the Authority shall be convened by the Government of the United Kingdom for the purpose of drawing up rules of procedure and operation, choosing an Executive Secretary, organizing its Secretariat and establishing staff regulations. Decisions on such matters, and any subsequent modifications of those decisions, shall require twelve affirmative votes. Thereafter the setting up of the organization shall proceed as rapidly as possible and the Authority shall begin to exercise its functions at times to be established by the Occupying Powers after consultation with the other Signatory Governments, but in any event prior to the establishment of a German Government.

PART III: FUNCTIONS

ARTICLE 14

(a) The Authority shall make a division of coal, coke and steel from the Ruhr as between German consumption and export. Such division shall:

(i) ensure adequate access to supplies of these products by countries co-operating in the common economic good, taking into account the essential needs of Germany;

(ii) be in accordance with the terms of any agreement among the Occupying Powers with respect to the allocation of coal, coke or steel, which is in force at the time the division is made;

(iii) be consistent with the objectives set forth in the Convention for European Economic Cooperation and with any program approved, or decision taken, by the Organization for European Economic Co-operation, which is applicable to the period for which such division is made.

(b) The export allocations of the Authority shall be in terms of minimum amounts of coal, coke and finished or semi-finished steel to be made available from the Ruhr for export. The Authority shall have the power to express these export allocations in terms of various qualities or types of coal, coke and finished or semi-finished steel. Exceptionally, the Authority may make an allocation of pig-iron if at any time it decides by twelve affirmative votes that such an allocation is necessary in order to ensure adequate access to supplies of pig-iron. In making export allocations of finished or semi-finished steel, the Authority shall be bound by, and shall act within, any agreements relating to the level of steel production in Germany which are in force at the time and to which the Occupying Powers concerned are party. (c) Before the Authority begins to exercise its functions under this Article, it will agree with the Occupation Authorities concerned on a procedure for co-ordinating the decisions of the Authority with the preparation of proposed programs and plans for submission to the Organization for European Economic Co-operation. This procedure shall be reviewed at any time at the request of any member, and in any case at the end of the Control Period or at such earlier time as may agreed upon by the Occupying Powers.

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ARTICLE 15

The Authority shall have the right to examine transport, price and trade practices, quotas, tariffs, and other governmental measures or commercial arrangements instituted or permitted by the German authorities which affect the coal, coke or steel of the Ruhr. If the Authority determines that such practices, measures or arrangements are artificial or discriminatory and are of such a nature as:

(i) to impede access by other countries to the coal, coke or steel of the Ruhr,

(ii) to distort the movements of Ruhr coal, coke or steel in international trade, or

(iii) otherwise to prejudice the accomplishment of the purposes of the present Agreement,

the Authority shall decide that such practices, measures or arrangements shall be appropriately modified or terminated. In making its determinations under this Article the Authority shall have due regard for the requirements of international peace and security, for Germany's obligations under the Convention for European Economic Co-operation, and for the need of the German authorities to afford legitimate protection to the commercial and financial position of Germany in international trade.

ARTICLE 16

(a) During the Control Period, or until such earlier time as may be agreed upon by the Occupying Powers, the Authority shall bring to the attention of the Occupation Authorities concerned measures which would ensure, and after such period or time the Authority shall itself ensure, in conformity with any international agreements relating to the protection of foreign interests in Germany in force at the time, to which the Signatory Governments are party,

(i) the safeguard and protection of foreign interests in coal, coke and steel enterprises in the Ruhr, and

(ii) the protection of such enterprises involving foreign interests from the application of discriminatory measures in any sector of their activity;

provided that when and to the extent that the protection of such foreign interests or enterprises is entrusted to any agency created or designated by any international agreement to which the Signatory Governments are party, the functions of the Authority in this matter shall cease.

(b) At the end of the Control Period, or at such earlier time as may be agreed upon by the Occupying Powers, the functions of the Authority referred to in paragraph (a) of this Article shall, unless they have previously ceased, be reviewed by the Signatory Governments, taking into account the desirability of transferring these functions to a separate agency or of extending them to the Aachen area.

ARTICLE 17

(a) During the Control Period, or until such earlier time as may be agreed upon by the Occupying Powers, the Occupation Authorities concerned will maintain such powers as may be necessary to enforce

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the disarmament of Germany, including power to control the supply of Ruhr coal, coke and steel to any industry which may be prohibited or limited in the interests of security by agreement among the Occupying Powers or under the terms of any international agreement to which they may become party.

(b) At the end of the Control Period, or at such earlier time as may be agreed upon by the Occupying Powers, the powers referred to in paragraph (a) of this Article shall be transferred to such international body as may be designated for these purposes by the peace settlement or by any international agreement to which the Signatory Governments are party, and the Authority shall cooperate with that international body in such ways as shall be prescribed by the peace settlement or international agreement. If no such international body is established, these powers shall be transferred to the Authority to be exercised by the representatives of the Signatory Governments thereon.

ARTICLE 18

(a) At the end of the Control Period, or at such earlier time as may be agreed upon by the Occupying Powers, such of the existing powers of the Occupation Authorities as are necessary to ensure:

(i) that there shall not be allowed to develop, or be restored, any pattern of ownership in the Ruhr coal, coke or steel industries, or trade and marketing agreements among such industries, which would constitute excessive concentration of economic power;

(ii) that persons who have been, or may be, found to have furthered the aggressive designs of the National Socialist Party do not hold positions of ownership or control in the Ruhr coal, coke or steel industries or the trade and marketing organizations of such industries; and

(iii) that adequate information is made available for the purposes specified in sub-paragraphs (i) and (ii) above, will be transferred to the Authority or to the Military Security Board or its successor or to some other body created by international agreement and charged with ensuring the achievement of these objectives with respect to these and other industries in Germany. The Authority shall cooperate with any other body to which such powers may be transferred.

(b) In conjunction with the first meeting of the special representatives of the members contemplated in Article 27, if practicable, but in any event before the end of the Control Period, the Signatory Governments will determine, in the light of the experience of the Occupation Authorities;

(i) which of the existing powers of the Occupation Authorities are to be continued for the purposes provided for in paragraph (a) of this Article;

(ii) whether such powers will be transferred to the Authority, the Military Security Board or its successor, or some other body created by international agreement;

(iii) the manner in which such powers will be exercised if transferred to the Authority; and,

(iv) in the event of powers being so transferred to another body, the manner in which the Authority will cooperate with such other body.

ARTICLE 19

(a) At the end of the Control Period, or at such earlier time as may be agreed upon by the Occupying Powers, only such of the existing powers of the Occupation Authorities over the direction and management of the Ruhr coal, coke or steel industries as are necessary

to ensure:

(i) that the general policies and general programs relating to production, development and investment in those industries are in conformity with the purposes stated in the preamble to the present Agreement and

(ii) that adequate information concerning such policies and programs be made available, will be transferred to the Authority, to the Military Security Board or its successor, or to some other body created by international agreement.

(b) In conjunction with the first meeting of the special representatives of the members contemplated in Article 27, if practicable, but in any event before the end of the Control Period, the Signatory Governments will determine, in the light of the experience of the Occupation Authorities:

(i) which of the existing powers of the Occupation Authorities are to be continued for the purposes provided in paragraph (a) of this Article;

(ii) which of these powers will be exercised by the Authority, by the Military Security Board or its successor, or by some other body created by international agreement;

(iii) the manner in which powers transferred to the Authority will be exercised; and

(iv) the relationship of the Authority with the Military Security Board or its successor, or with any other body to which the powers mentioned in paragraph (a) of this Article may be transferred.

PART IV: INFORMATION AND INVESTIGATION

ARTICLE 20

In order that the Authority may properly perform its functions and in order that it may determine whether its decisions are being appropriately carried out, the Authority shall have the right:

(i) to obtain periodical reports, and such additional reports as it considers necessary, on production, distribution and consumption of Ruhr coal, coke and steel, including such forecasts of production, distribution and consumption as may be necessary to enable it to perform its functions under Article 14;

(ii) to obtain such information as it considers necessary concerning supplies of coal, coke and steel available to Germany from sources other than the Ruhr, and concerning exports from Germany of such products from sources other than the Ruhr; and

(iii) to make in the Ruhr any investigations, including the examination of witnesses, which it considers necessary to verify the information obtained under this Article or other Articles of the present Agreement, and to determine the manner in which