for a numbered United States Air Force in Eastern France in the Metz/ Thionville area. d) Hospitals: One hospital in the region of Nice/Cannes. One hospital in the region of Paris. e) Ammunition Depots: One depot in the Verdun/St. Mihiel area or alternate. One depot in the west of France. f) Gunnery-Bombing Range Facilities to be used in common with the French Air Force: One in the region of Bordeaux. One in the area of the Southern France-Mediterranean Coast. g) Installations for Air Rescue Boat Units: One at Pointe-de-Grave. One in the area of the Southern France-Mediterranean Coast. h) Personnel Processing Center: One in the area of Montmorillon or alternate. i) Aircraft Control and Warning Installations: Four radar sites to be determined, with associated sites and facilities for troops, for aircraft control and warning units. Two sites to be determined for tactical control groups, one in the northeast of France and one in western France. j) Additional Support Facilities Required in Connection with the Utilization of the Installations: These will be determined by subsequent technical agreements and will include: Forty-eight microwave relay stations at sites to be determined. Wire and radio communications. Land communications. III. For each installation, any special conditions covering the acquisition of facilities and their occupancy will be determined by agreement between the competent authorities of the two countries and incorporated in separate subordinate agreements. IV. For United States units not under interallied command, bilateral arrangements might be entered into with a view to their use for purposes of the common defense. 6. AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF FRANCE REGARDING THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A PIPELINE The Government of the United States of America and the Government of the Republic of France, Considering their respective responsibilities in the defense of Western Europe in accordance with the North Atlantic Treaty of April 4, 1949; Considering that certain storage installations for petroleum products will be constructed in France between the port of Donges and the Metz region for the use of the United States Armed Forces in Europe, in accordance with the provisions of the Agreement of November 6, 1950, relating to the establishment of the Line of Communications across France; Considering that the need for rapid transmission of petroleum products for the Armed Forces of the United States in Europe requires the construction and operation of a pipeline for military purposes between the port of Donges and the Metz region connecting the storage facilities mentioned in the preceding paragraph; Considering that this pipeline will provide a part of its available capacity to the French Government for the shipment of French petroleum products; Have agreed as follows: ARTICLE I A pipeline connecting the United States Army storage facilities along the United States Line of Communications will be constructed in France between the port of Donges and the Metz region. The word "pipeline" as used in the present Agreement is to be understood as meaning: the pipe proper, the high pressure pumping stations and their agreed supplementary installations. ARTICLE II The pipeline will be built in accordance with the provisions of the Agreement of May 13, 1952, covering the construction of installations for the United States Armed Forces in Metropolitan France, together with any future amendments relating thereto, under the conditions and reservations set forth in a technical agreement to be concluded between the competent authorities of the two countries. ARTICLE III The French Government will enter into an agreement with the Trapil Company for the construction of the pipeline, pursuant to the Law of August 2, 1949, as modified on June 7, 1951. The Trapil Company will be reimbursed for its expenditures incurred in connection with the planning and construction under conditions to be agreed between the United States Army and the Ministry of Industry and Energy (Direction of Petroleum Products). ARTICLE IV The French Government will secure without cost to the United States Government the land and rights of way required in the construction, operation and maintenance of the pipeline. ARTICLE V In the event that a cost-sharing formula for a North Atlantic Treaty Organization infrastructure program becomes applicable to any part of the expenses incurred by the United States Government, that part, insofar as it is subject to cost-sharing, will be considered as an advance against the contributions required in the overall application of the cost-sharing formula. ARTICLE VI The provisions of the Agreement of June 13, 1952, between the Governments of the United States and the French Republic on taxes, together with all amendments relating thereto, will be applicable to all United States expenditures made under the present Agreement. ARTICLE VII 1. On the basis of the United States Army's requirements, the technical operation and the maintenance of the pipeline will be assured under the responsibility of the French Government by the Trapil Company in close cooperation with the United States Army. This operation and maintenance will be assured at the expense of the United States Army, with the exception of the dispositions which will result from Article VIII below, in conformity with the provisions of a technical agreement to be concluded between the competent authorities of the two countries, and under contracts to be entered into between the French Government and the Trapil Company wih United States Army prior approval. 2. For purposes of the execution of the present Agreement, the Trapil Company will organize its services in such a way that all the operations concerning the operation and maintenance of the pipeline will be set up independently and with separate accounting. 3. Contracts to be let with the Trapil Company for the operation and maintenance of the pipeline will be based on the principle that the Company will not derive any profit from these operations. 4. The French Government will assure the security of the pipeline, except within the areas put at the disposition of the United States Army in accordance with the Agreement of November 6, 1950, concerning the establishment of the Line of Communications across France. ARTICLE VIII The conditions under which the French Government will use the pipeline will be determined by a technical agreement to be concluded between the competent authorities of the two countries, it being understood that no products intended for commercial use will be transported, unless agreed to by the appropriate authorities of the two countries. ARTICLE IX In time of emergency or war the operation and conditions of utilization of the pipeline will remain unchanged until the pipeline is placed under the overall control of the Supreme Allied Commander Europe. Neither of the two Governments will oppose such a request by the Supreme Allied Commander Europe. ARTICLE X 1. All removable facilities erected or constructed by, or on behalf of, the United States Government at its sole expense and all equipment, materials and supplies brought into France or purchased in France, by or on behalf of the United States Government, in connection with the construction, development, operation or maintenance of the pipeline will remain the property of the United States Government and may be removed from France free of any restriction after due notice to the French governmental authorities or disposed of in France under conditions agreed with the competent French authorities, at any time before the termination of the present Agreement or within a reasonable time thereafter, provided that the French Government may first have had an opportunity to bid for any such equipment that is essential to the operation of the pipeline. No such removal or disposal will be undertaken which will prejudice the mission of the North Atlantic Treaty Organization. 2. The two Governments will negotiate the method by which the residual value, if any, of the facilities developed or constructed under the present Agreement and not removed or disposed of in accordance with paragraph 1 above, will be treated when such facilities or any part thereof are not needed by the military forces of the United States. Such negotiations will be without prejudice to agreements within the North Atlantic Treaty Organization on the same subject, which agreements will govern to the extent they are applicable to facilities developed and constructed under the present Agreement. 3. In the event that, by joint agreement, the use of any of the facilities covered by this Agreement is transferred to North Atlantic Treaty Organization forces other than those of the United States and France, all arrangements appropriate to the preservation of their respective rights and interests will be concluded jointly by the United States and France with the nation responsible for these forces. ARTICLE XI The present Agreement will remain in effect during the period of validity of the North Atlantic Treaty, unless the two Governments decide beforehand to terminate it by mutual consent. Done in duplicate, in English and French, the two texts being equally valid. At Paris, June 30, 1953. 7. AGREEMENT BETWEEN (S) DOUGLAS DILLON. (S) BIDAULT. THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF FRANCE REGARDING THE ESTABLISHMENT OF AN AIR DEPOT AT DEOLS-LA MARTINERIE THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF FRANCE Having regard to their respective responsibilities in defense of Western Europe under the North Atlantic Treaty of April 4, 1949, and to their joint undertakings under the Mutual Defense Agreement of January 27, 1950, have agreed that the United States Air Force shall establish an Air Depot capable of receiving, storing, repairing and issuing supplies and equipment for the Air Forces of the United States and of the nations cooperating with it in the execution of the Mutual Defense Assistance Program, and where technical advice and assistance may be furnished. 1. The Government of the French Republic authorizes the United States Government to have the United States Air Force establish an Air Depot in the vicinity of Chateauroux on the premises of the aircraft plant at Deols and the French Air Force depot at La Martinerie. The Government of the French Republic will grant the necessary facilities for the establishment and operation of such an Air Depot as well as for the corresponding air traffic. The term “Air Depot" as used in the present agreement refers to the entirety of these facilities. 2. The details of the establishment and operation of the Air Depot will be covered in technical agreements concluded as rapidly as possible by the appropriate authorities of the two countries subject to the general provisions of the present agreement. Any point of disagreement will be submitted to the Ministry of Foreign Affairs and the United States Embassy in Paris. 3. The Government of the French Republic will progressively and as rapidly as possible place the Air Depot at the disposal of the United States Air Force and will attempt to complete its evacuation by August 1, 1951. In any event the Air Depot will be completely evacuated six months after the date of signature of the present agreement. The schedule of evacuation will be established by a technical agreement. In consideration of the present value of the Air Depot, the United States Government agrees to compensate the Government of the French Republic before August 1, 1951, for the partial costs incident to the relocation of present occupants as follows: At La Martinerie, one and one-half billion francs; at Deols, two hundred ten million francs. The Government of the French Republic will also place at the disposal of the United States Air Force such additional adjacent land as may be found after agreement between the competent authorities necessary for the establishment and operation of the Air Depot. 4. The United States Air Force may, subject to the conditions set forth in paragraph 10 below, request the appropriate French authorities to modify, alter, or rehabilitate the Air Depot or to perform new construction thereon in accordance with United States Air Force specifications and requirements. The United States Government shall bear the cost thereof, as well as the costs of maintenance and operation of the Air Depot, and will compensate the Government of the French Republic for the rental of Deols in the amount of thirty-five million francs per year, La Martinerie being placed free of charge at the disposal of the United States Air Force by the Government of the French Republic. 5. In the event the United States Government decides to request contributions from other nations participating in Military Defense Assistance Program to cover the cost to the United States Government of the establishment and operation of the Air Depot, the United States Government will not seek any such contribution from the Government of the French Republic in consideration of the facilities the latter has granted for the establishment of the Air Depot. 6. The United States Air Force may be permitted to use the Air Depot for such other appropriate military purposes as may be subsequently agreed between the two Governments. 7. The Air Depot and the other fixed properties which are or which may be constructed thereon shall remain French property. At the expiration of the present agreement or upon written notification by the United States Air Force of relinquishment of the Air Depot, land which is the property of the Government of the French Republic together with all installations and fixed improvements or other permanent improvements which shall be situated or constructed thereon shall be relinquished to the Government of the French Republic or shall revert to it in some other manner without giving rise to cost rights or compensation. Reversionary rights with respect to permanent improvements constructed solely by United States funds on privately owned land will be negotiated by the competent authorities of the two Governments, provided that in no case shall reversion to private owners of any part of the Air Depot give rise to claims against the United States Government. The United States Government will not be required to place, or to bear the expenses of placing, the Air Depot or any portion thereof into conditions existing at the time of occupancy of the Air Depot by the United States Air Force. 8. The United States Air Force will, however, have the right at all times to remove all supplies, equipment and provisions and other movable property belonging to the United States Government which are at any time during the period of this agreement located in the area in question provided that no equipment essential to the operation or maintenance of the air traffic facilities of the Air Depot shall be removed prior to the expiration of this agreement without the agreement of the Government of the French Republic. 9. The juridical status of members of the United States Armed Forces stationed in France for the operation of the Air Depot shall be regulated by the provisions of Annex No. 1 of the Agreement between the United States Government and the Government of the Republic of France regarding the establishment and operation of the Line of Communication across France or by such subsequent agreements as may result from negotiations presently in progress. 10. The United States Government will utilize the services of the Government of the French Republic in obtaining the goods and services and in carrying out the construction work required for the establishment and operation of the Air Depot as well as for the payment of franc expenditures resulting from such requirements of the Government of the United States. The details of this procedure shall be esablished by a technical agreement. The Government of the French Republic will designate a liaison mission to act as intermediary and to assist the United States Government in the procurement of those goods and services and to handle the necessary payments therefor on a reimbursable basis subject to the terms of this agreement. 11. The Government of the French Republic will be reponsible for the external security of the Air Depot and the United States Air Force for the internal security of the Air Depot as well as for the safeguarding of its own equipment in accordance with existing agreements between the two Governments. 12. The United States Air Force shall have the right to employ for the operation of the Air Depot an initial complement of 3,500 military personnel and 200 United States civilians. These numbers may be increased after agreement between the competent French and United States authorities. The United States Air Force will employ to the maximum extent possible and under conditions to be established by the technical agreement the French personnel presently employed in the Air Depot. 13. The Government of the French Republic authorizes the flight of aircraft utilized by the United States Government into and out of the Air Depot and the overflight by such aircraft of French metropolitan territory. Such flights will be subject to the provisions of flight rules and regulations and be under conditions to be determined by the technical agreements to be drawn up between the appropriate authorities of the two countries. 14. The Government of the French Republic authorizes the United States Air Force to maintain and operate such radio communications and other air traffic control facilities as are necessary to support the above referred to air traffic including the establishment of a radio link in the United States Air Force communications network. The details will be covered by a technical agreement. 15. The present agreement will remain in effect during the period of validity of the North Atlantic Treaty, unless the two Governments decide beforehand to terminate it by mutual consent, such decision being particularly appropriate upon advice of the North Atlantic Council. IN WITNESS WHEREOF, the respective Plenipotentiaries have affixed their signatures and seals to the present Agreement. Done in duplicate, in English and French, the two texts being equally valid. At Paris, February 27, 1951. |