2- Towing:
a - Within the ports or territorial waters of France, Algeria or the overseas departments;
b - between ports of each of these territories;
c - between ports in France and Algeria or between ports in Guadeloupe, Martinique and Guyana.
3 - Cabotage and towing reserved by the overseas territories.
B - The following navigations and transports are reserved, on the German side, to vessels flying the national flag:
1 - Transport of goods or passengers between German ports.
2- Towing:
a - Within German ports and territorial waters;
b - between German ports.
C - Each of the Parties may legally reserve to the national flag or assimilated flag any navigation, activity or transport, insofar as this Party considers this reservation compatible with the obligations it has contracted on the international level.
9. Ad. Article XVI
The Contracting Parties have agreed that, in principle, seamen who are nationals of one of them and who have received an order to embark or disembark may be authorized to enter the territory of the other Party under the simple cover of their seaman's registration book, either to join their ship or to return to their country. A special agreement shall regulate the manner in which this provision is to be applied.
10. Ad. Article XVII
The present Convention shall apply to the territory of Berlin, unless the Government of the Federal Republic of Germany, within a period of three months after the entry into force of the Convention, delivers to the Government of the French Republic a declaration to the contrary.
11. Ad. Article XIX
Without prejudice to the international obligations assumed by the Parties, in particular with regard to arbitration, the conciliation and arbitration procedure provided for in Article XIX shall not be applicable to disputes arising from the exercise by the Parties of the right reserved by paragraph 3 above.
12. Each Contracting Party shall grant national treatment under this Convention by virtue of the fact that such treatment is also granted by the other Party in the same fields.
DONE at Luxembourg, this 27th day of October 1956
von Brentano Pineau
Attachments
Exchange of Letters
1. Ministry of Foreign Affairs
Dear Minister,
Paris, 27 October 1956.
At the time of signing the Treaty on Establishment and Navigation between France and the Federal Republic of Germany, I have the honor to inform you that my Government deems it necessary to specify the following with regard to certain provisions of Articles V and VI of the Treaty.
The nationals and companies of one of the Contracting Parties wishing to carry on their activities in the territory of the other Party must first obtain the authorizations which may be required by the laws and regulations in force in that State.
However, the French Government, animated by the spirit of cooperation which presided over the drawing up of this Convention, intends to facilitate, to the fullest extent compatible with the evolution of the economic situation, the activity of German nationals who wish to carry on in France a commercial or industrial activity subject to the issuance of a merchant's card.
It therefore proposes, subject to effective reciprocity, to make liberal use of its power to control the establishment of such persons or companies, and will grant the required authorizations in all cases where it considers that the French economic and social situation does not prevent this.
Convinced that the Government of the Federal Republic of Germany has the same concern to give new impetus to the development of trade between the two countries, I would be grateful for your assurance that the activities of French companies and nationals in Germany will be given equal consideration.
Please accept, Mr. Minister, the assurances of my highest consideration.
Pineau
Mr. Heinrich von Brentano
Minister of Foreign Affairs of the Federal Republic of Germany
The Federal Minister of Foreign Affairs
Luxembourg, October 27, 1956
Mr. Minister,
I have the honor to acknowledge receipt of the following letter, of the following letter, which has reached me today. the contents of which my Government has noted with the satisfaction of which my Government has taken note:
(...)
I have the honor to give you the assurance of my Government that the activity of French companies and citizens in Germany will benefit from the same benevolence that is promised in your letter to German citizens active in France.
Please accept, Mr. Minister, the expression of my highest consideration.
Mr. Christian Pineau
Minister of Foreign Affairs of the French Republic
z. Z. Luxembourg
Heinrich von Brentano
2. Ministry of Foreign Affairs
Dear Minister,
French Republic
Paris, 27 October 1956.
Article XVIII of the Treaty on Establishment and Navigation between France and the Federal Republic of Germany, signed today, provides for the constitution of a Joint Consultative Commission which is charged, inter alia, with facilitating to the Parties the solution of any difficulties which may be found in the application of the Convention.
The French Government has no doubt that the work of the Commission will be of such a nature as to assist the two Governments effectively in solving the problems which may arise in all fields in the application of the Convention.
It considers that the mandate of the Commission can be extended to all aspects of the Treaty since this mandate remains strictly advisory in nature and the conclusions reached by the Commission are not binding on the two Governments.
We, therefore, see no difficulty in the Commission being able, within these limits, to exchange views on matters which the Convention reserved for the exclusive competence of the Parties, and in particular, those referred to in paragraph 3 of the Protocol and which related to the exercise by each of them of rights which were to be assessed according to national criteria.
In this view, it is to be welcomed that the Commission, without in any way affecting the rights of the Parties, but in the spirit of cooperation which governed the elaboration of the Convention, is facilitating the reconciliation of their points of view and the solution of certain difficulties, even in cases where the solution ultimately lies with one or other of the Parties.
Please accept, Mr. Minister, the assurances of my highest consideration.
Pineau
Mr. Heinrich von Brentano
Minister of Foreign Affairs of the Federal Republic of Germany
The Federal Minister of Foreign Affairs
Luxembourg, October 27, 1956
Mr. Minister,
I have the honor to acknowledge receipt of the following letter:
(...)
I can assure you that my government shares the view of the position of the French Government that the assumption of the functions provided for in the letter will greatly facilitate the solution of any difficulties that may arise.
Please accept, Mr. Minister, the assurance of my highest consideration.
Mr. Christian Pineau
Minister of Foreign Affairs of the French Republic
z. Z. Luxembourg
Heinrich von Brentano
3.
Ministry of Foreign Affairs
French Republic
Paris, 27 October 1956.
Dear Minister,
In the course of the talks which led to the conclusion of a Convention on Establishment and Navigation between France and the Federal Republic of Germany, the questions concerning the operations relating to the products of the European Coal and Steel Community and steel products were also examined.
Both parties agreed that it was not possible at present to conclude a possible to conclude a bilateral agreement in this matter because of the existence of the European Coal and Steel Community, and that consequently, the provisions of the present Convention are applicable neither to the extraction, processing and distribution of mineral substances nor to the activities concerning the products regulated within the framework of the C.E.C.A.
Please accept, Mr. Minister, the assurances of my highest of my highest consideration.
Pineau
Mr. Heinrich von Brentano
Minister of Foreign Affairs of the Federal Republic of Germany
The Federal Minister of Foreign Affairs
Luxembourg, October 27, 1956
Mr. Minister,
I have the honor to acknowledge the receipt of the letter which of the letter I have received today, the contents of which are as follows:
(...)
Please accept, Sir, the assurance of my highest consideration.
Mr. Christian Pineau
Minister of Foreign Affairs of the French Republic
z. Z. Luxembourg
Heinrich von Brentano