# EUR-Lex - 11957E/PRO/FRANCE - EN

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# 11957E/PRO/FRANCE

**TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PROTOCOL ON CERTAIN PROVISIONS RELATING TO FRANCE **

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THE HIGH CONTRACTING PARTIES ,

DESIRING to settle in accordance with the general objectives of this Treaty certain particular problems existing at the present time ,

HAVE AGREED upon the following provisions , which shall be annexed to this Treaty :

I - Charges and aids

1 . The Commission and the Council shall annually examine the system of aid to exports and of special charges on imports in force in the franc area .

The French Government shall , at the time of this examination , make known the measures it proposes to take to reduce and rationalise the level of the aids and charges .

It shall also inform the Council and the Commission of any new charges which it intends to introduce as a result of further liberalisation and of any adjustments to the aids and charges which it intends to make within the limit of the maximum rate of charge in force on 1 January 1957 . These various measures may be discussed within those institutions .

2 . If it considers that the lack of uniformity is prejudicial to certain sectors of industry in other Member States , the Council may , acting by a qualified majority on a proposal from the Commission , request the French Government to take certain measures to standardise the charges and aids in each of the following three categories : raw materials , semi-finished products and finished products . If the French Government does not take such measures , the Council shall , again by a qualified majority , authorise the other Member States to take protective measures , the conditions and details of which it shall determine .

3 . Where the balance of current payments of the franc area has remained in equilibrium for more than one year , and where its monetary reserves have reached a level which is to be considered satisfactory , in particular as regards the volume of its external trade , the Council may , acting by a qualified majority on a proposal from the Commission , decide that the French Government must abolish the system of charges and aids .

If the Commission and the French Government do not agree on the question whether the level of the monetary reserves of the franc area can be considered satisfactory , they shall refer the matter for an opinion to a person or body chosen by common accord as arbitrator . In the event of disagreement , the arbitrator shall be designated by the President of the Court of Justice .

If it is decided that the system of charges and aids must be abolished , this shall be done in such a manner as to avoid risk of disturbance to the equilibrium of the balance of payments ; it may , in particular , be done progressively . Once the system has been abolished , the provisions of this Treaty shall apply in their entirety .

The expression " balance of current payments " shall have the meaning given to it by international organisations and by the International Monetary Fund ; it shall comprise the trade balance and the invisible transactions which have the character of income or services .

II - Payment for overtime

1 . The Member States consider that the establishment of the common market will result , by the end of the first stage , in a situation in which the basic number of hours beyond which overtime is paid for and the average rate of additional payment for overtime in industry will correspond to the average obtaining in France in 1956 .

2 . If this situation does not come about by the end of the first stage , the Commission shall authorise France to take , in respect of the sectors of industry affected by disparities in the method of payment for overtime , protective measures , the conditions and details of which the Commission shall determine , unless , during this stage , the average increase in the wage level in the same sectors of industry in other Member States , by comparison with the average for 1956 , exceeds the increase which has occurred in France by a percentage fixed by the Commission with the approval of the Council acting by a qualified majority .