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ARTICLE 8

1 . THE CONDITIONS GOVERNING THE EXERCISE OF THE JURISDICTION CONFERRED ON THE SPECIAL COUNCIL OF MINISTERS BY THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY AND BY THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE ANNEXED THERETO SHALL BE AMENDED AS SET OUT IN PARAGRAPHS 2 AND 3 .

2 . ARTICLE 28 OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY SHALL BE AMENDED AS FOLLOWS :

( A ) TO THE PROVISIONS OF THE THIRD PARAGRAPH , WORDED THUS :

" WHEREVER THIS TREATY REQUIRES A UNANIMOUS DECISION OR UNANIMOUS ASSENT , SUCH DECISION OR ASSENT SHALL BE DULY GIVEN IF ALL THE MEMBERS OF THE COUNCIL VOTE IN FAVOUR . "

THERE SHALL BE ADDED THE FOLLOWING PROVISIONS :

" HOWEVER , FOR THE PURPOSES OF APPLYING ARTICLES 21 , 32 , 32A , 78D AND 78F OF THIS TREATY , AND ARTICLE 16 , THE THIRD PARAGRAPH OF ARTICLE 20 , THE FIFTH PARAGRAPH OF ARTICLE 28 AND ARTICLE 44 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE , ABSTENTION BY MEMBERS PRESENT IN PERSON OR REPRESENTED SHALL NOT PREVENT THE ADOPTION BY THE COUNCIL OF ACTS WHICH REQUIRE UNANIMITY . "

( B ) TO THE PROVISIONS OF THE FOURTH PARAGRAPH , WORDED THUS :

" DECISIONS OF THE COUNCIL , OTHER THAN THOSE WHICH REQUIRE A QUALIFIED MAJORITY OR UNANIMITY , SHALL BE TAKEN BY A VOTE OF THE MAJORITY OF ITS MEMBERS ; THIS MAJORITY SHALL BE CONSIDERED TO BE ATTAINED IF IT REPRESENTS AN ABSOLUTE MAJORITY OF THE REPRESENTATIVES OF THE MEMBER STATES , INCLUDING THE VOTE OF THE REPRESENTATIVE OF ONE OF THE STATES WHICH EACH PRODUCE AT LEAST ONE SIXTH OF THE TOTAL VALUE OF THE COAL AND STEEL OUTPUT OF THE COMMUNITY . "

THERE SHALL BE ADDED THE FOLLOWING PROVISIONS :

" HOWEVER , FOR THE PURPOSES OF APPLYING THOSE PROVISIONS OF ARTICLES 78 , 78B AND 78D OF THIS TREATY WHICH REQUIRE A QUALIFIED MAJORITY , THE VOTES OF THE MEMBERS OF THE COUNCIL SHALL BE WEIGHTED AS FOLLOWS : BELGIUM 2 , GERMANY 4 , FRANCE 4 , ITALY 4 , LUXEMBOURG 1 , NETHERLANDS 2 . FOR THEIR ADOPTION , ACTS SHALL REQUIRE AT LEAST TWELVE VOTES IN FAVOUR , CAST BY NOT LESS THAN FOUR MEMBERS . "

3 . THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE ANNEXED TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY SHALL BE AMENDED AS FOLLOWS :

( A ) ARTICLES 5 AND 15 ARE REPEALED .

( B ) ARTICLE 16 IS REPEALED AND THE FOLLOWING SUBSTITUTED THEREFOR :

" 1 . OFFICIALS AND OTHER SERVANTS SHALL BE ATTACHED TO THE COURT TO ENABLE IT TO FUNCTION . THEY SHALL BE RESPONSIBLE TO THE REGISTRAR UNDER THE AUTHORITY OF THE PRESIDENT .

2 . ON A PROPOSAL FROM THE COURT , THE COUNCIL MAY , ACTING UNANIMOUSLY , PROVIDE FOR THE APPOINTMENT OF ASSISTANT RAPPORTEURS AND LAY DOWN THE RULES GOVERNING THEIR SERVICE . THE ASSISTANT RAPPORTEURS MAY BE REQUIRED , UNDER CONDITIONS LAID DOWN IN THE RULES OF PROCEDURE , TO PARTICIPATE IN PREPARATORY INQUIRIES IN CASES PENDING BEFORE THE COURT AND TO COOPERATE WITH THE JUDGE WHO ACTS AS RAPPORTEUR .

THE ASSISTANT RAPPORTEURS SHALL BE CHOSEN FROM PERSONS WHOSE INDEPENDENCE IS BEYOND DOUBT AND WHO POSSESS THE NECESSARY LEGAL QUALIFICATIONS ; THEY SHALL BE APPOINTED BY THE COUNCIL . THEY SHALL TAKE AN OATH BEFORE THE COURT TO PERFORM THEIR DUTIES IMPARTIALLY AND CONSCIENTIOUSLY AND TO PRESERVE THE SECRECY OF THE DELIBERATIONS OF THE COURT . "

( C ) THE THIRD PARAGRAPH OF ARTICLE 20 AND THE FIFTH PARAGRAPH OF ARTICLE 28 SHALL BE AMENDED BY THE ADDITION AT THE END OF EACH PARAGRAPH OF THE WORDS :

" ACTING UNANIMOUSLY . "

( D ) THE FIRST SENTENCE OF ARTICLE 44 IS REPEALED AND THE FOLLOWING SUBSTITUTED THEREFOR :

" THE COURT OF JUSTICE SHALL ADOPT ITS RULES OF PROCEDURE . THESE SHALL REQUIRE THE UNANIMOUS APPROVAL OF THE COUNCIL . "