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Agreement on Restoration of German Sovereignty and German Association with Western Defense System

FINAL ACT OF THE NINE-POWER CONFERENCE
HELD AT LONDON, SEPTEMBER 28-OCTOBER 3

The Conference of the Nine Powers, Belgium, Canada, France, German Federal Republic, Italy, Luxembourg, Netherlands, United Kingdom of Great Britain and Northern Ireland and United States met in London from Tuesday September Twenty-eighth to Sunday October Third. It dealt with the most important issues facing the Western world, security and European integration within the framework of a developing Atlantic community dedicated to peace and freedom. In this connexion the Conference considered how to assure the full association of the German Federal Republic with the West and the German defence contribution.

Belgium was represented by His Excellency Monsieur P-H. Spaak.

Canada was represented by the Honourable L. B. Pearson.

France was represented by His Excellency Monsieur P. Mendès-France.

The Federal Republic of Germany was represented by His Excellency Dr. K. Adenauer.

Italy was represented by His Excellency Professor G. Martino.

Luxembourg was represented by His Excellency Monsieur J. Bech.

The Netherlands was represented by His Excellency J. W. Beyen.

The United Kingdom of Great Britain and Northern Ireland was represented by Rt. Hon. A. Eden, M. C., M. P.

The United States of America was represented by the Honourable J. F. Dulles.

All the decisions of the Conference formed part of one general settlement which is, directly or indirectly, of concern to all the NATO powers and October 11, 1954

which will therefore be submitted to the North Atlantic Council for information or decision.

I. Germany

The Governments of France, the United Kingdom and the United States declare that their policy is to end the Occupation régime in the Federal Republic as soon as possible, to revoke the Occupation Statute and to abolish the Allied High Commission. The Three Governments will continue to discharge certain responsibilities in Germany arising out of the international situation. It is intended to conclude, and to bring into force as soon as the necessary parliamentary procedures have been completed, the appropriate instruments for these purposes. General agreement has already been reached on the content of these instruments and representatives of the Four Governments will meet in the very near future to complete the final texts. The agreed arrangements may be put into effect either before or simultaneously with the arrangements for the German defence contribution.

As these arrangements will take a little time to complete, the Three Governments have in the meantime issued the following Declaration of In

tent:

Recognising that a great country can no longer be deprived of the rights properly belonging to a free and democratic people; and

Desiring to associate the Federal Republic of Germany on a footing of equality with their efforts for peace and security.

The Governments of France, the United Kingdom, the United States of America desire to end the Occupation régime as soon as possible.

The fulfilment of this policy calls for the settlement of problems of detail in order to liquidate the past and

to prepare for the future, and requires the completion of appropriate Parliamentary procedures.

In the meantime, the Three Governments are instructing their High Commissioners to act forthwith in accordance with the spirit of the above policy. In particular, the High Commissioners will not use the powers which are to be relinquished unless in agreement with the Federal Government, except in the fields of disarmament and demilitarisation and in cases where the Federal Government has not been able for legal reasons to take the action or assume the obligations contemplated in the agreed arrangement.

II. Brussels Treaty

The Brussels Treaty will be strengthened and extended to make it a more effective focus of European integration.

For this purpose the following arrangements have been agreed upon:

(a) The German Federal Republic and Italy will be invited to accede to the Treaty, suit

ably modified to emphasise the objective of European unity, and they have declared themselves ready to do so. The system of mutual automatic assistance in case of attack will thus be extended to the German Federal Republic and Italy.

(b) The structure of the Brussels Treaty will be re-inforced. In particular the Consultative Council provided in the Treaty will become a Council with powers of decision.

(c) The activities of the Brussels Treaty Organisation will be extended to include further important tasks as follows:

-The size and general characteristics of the German defence contribution will conform to the contribution fixed for EDC.

-The maximum defence contribution to NATO of all members of the Brussels Treaty

Following are the texts of Annexes I and II to Article 107 of the European Defense Community Treaty.

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2. Munitions and rockets of all types for military use. a. Munitions for war weapons defined in Paragraph 1 hereinabove and grenades.

b. Self-propelled weapons.

c. Torpedoes of all types.

d. Mines of all types.

e. Bombs of all types.

3. Powder and explosives for military use, including materiel primarily used for propulsions by rockets.

Exempted will be products principally for civilian

use, specifically:

Pyrotechnical compounds;

Priming explosives:

Fulminate of mercury;

Nitride of lead;

Trinitroresorcinate of lead;

Tetrazene;

Chlorated Explosives;

Nitrate explosives with dinitrotoluene, or with dinitronaphthaline;

Hydrogen-peroxide at less than 60%;

Nitrocelluloses;

Black powder;

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10. Constituent parts which can be used only in the construction of one of the items enumerated in groups 1, 2, 4, 5, and 6 hereinabove.'

11. Machines which can be used only for the manufacture of one of the items enumerated in groups 1, 2, 4, 5, and 6 hereinabove."

Annex II to Article 107

The present annex shall be deemed to include the weapons defined in Paragraphs I-VI and the manufacturing facilities especially designed for their production. Nevertheless, the provisions of Paragraphs II-VI of this annex shall be deemed to exclude any device or assembly, apparatus, production facilities, product and agency utilized for civilian purposes or serving research for sci

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'The Commissariat may exempt from the requirement of authorization chemical and biological substances the use of which is primarily civilian. If the Commissariat decides that it is unable to grant such exemptions, it shall limit the control which it exercises solely to the use of such substances.

The production of models of, and the technical research concerning, the materials defined in paragraphs 10 and 11 hereinabove are not subject to the appropriate provisions of Article 107.

Organisation will be determined by a special agreement fixing levels which can only be increased by unanimous consent.

-The strength and armaments of the internal defence forces and the police on the Continent of the countries members of the Brussels Treaty Organisation will be fixed by agreements within that Organisation having regard to their proper function and to existing levels and needs.

The Brussels Treaty Powers agree to set up, as part of the Brussels Treaty Organisation, an Agency for the control of armaments on the Continent of Europe of the continental members of the Brussels Treaty Organisation. The detailed provisions are as follows.

1. The functions of the Agency shall be

(a) to ensure that the prohibition of the manu

facture of certain types of armaments as agreed between the Brussels Powers is being observed;

(b) to control the level of stocks held by each country on the Continent of the types of armaments mentioned in the following paragraph. This control shall extend to production and imports to the extent required to make the control of stocks effective.

2. The types of armaments to be controlled under 1 (b) above shall be

(a) weapons in categories I, II and III listed in Annex II to Article 107 of the EDC Treaty ;* (b) weapons in the other categories listed in Annex II to Article 107 of the EDC Treaty. (c) A list of major weapons taken from Annex I to the same Article to be established hereafter by an expert working group.

Measures will be taken to exclude from control

entific, medical and industrial purposes in the spheres of pure and applied science.

I. Atomic Weapons.

a. An atomic weapon is defined as any weapon which contains, or is designed to contain or utilize, nuclear fuel or radioactive isotopes and which, by explosion or other uncontrolled nuclear transformation of the nuclear fuel, or by radioactivity of the nuclear fuel or radioactive isotopes, is capable of mass destruction, mass injury or mass poisoning.

b. Furthermore, any part, device, assembly or material especially designed for, or primarily useful in, any weapon as set forth under Paragraph a, shall be deemed to be an atomic weapon.

c. Any quantity of nuclear fuel produced in any one year in excess of 500 grammes will be considered material especially designed for, or primarily useful in, atomic weapons.

d. Nuclear fuel as used in the preceding definition includes plutonium, Uranium 233, Uranium 235 (including Uranium 235 contained in Uranium enriched to over 2.1 per cent by weight of Uranium 235) and any other material capable of releasing substantial quantities of atomic energy through nuclear fission or fusion or other nuclear reaction of the material. The foregoing materials shall be considered to be nuclear fuel regardless of the chemical or physical form in which they exist. II. Chemical Weapons.

a. A chemical weapon is defined as any equipment or apparatus expressly designed to use, for military purposes, the asphyxiating, toxic, irritant,

October 11, 1954

paralysant, growth-regulating, anti-lubricating or catalyzing properties of any chemical substance. b. Subject to the provisions of Paragraph c, chemical substances, having such properties and capable of being used in the equipment or apparatus referred to in Paragraph a, shall be deemed to be included in this definition.

c. Such apparatus and such quantities of the chemical substances as are referred to in Paragraphs a and b which do not exceed peaceful civilian requirements shall be deemed to be excluded from this definition.

III. Biological Weapons.

a. A biological weapon is defined as any equipment or apparatus expressly designed to use, for military purposes, harmful insects or other living or dead organisms, or their toxic products.

b. Subject to the provisions of Paragraph c, insects, organisms and their toxic products of such nature and in such amounts as to make them capable of being used in the equipment or apparatus referred to in a shall be deemed to be included in this definition.

c. Such equipment or apparatus and such quantities of the insects, organisms and their toxic products as are referred to in Paragraphs a and b which do not exceed peaceful civilian requirements shall be deemed to be excluded from the definition of biological weapons.

IV. Long-range Missiles, Guided Missiles and Influence Mines.

a. Subject to the provisions of Paragraph d, longFootnote continued on next page.

materials and products in the above lists for civil use.

3. As regards the weapons referred under paragraph 2 (a) above when the countries which have not given up the right to produce them have passed the experimental stage and start effective production, the level of stocks that they will be allowed to hold on the Continent shall be decided by the Brussels Treaty Council by a majority vote. 4. The continental members of the Brussels Treaty Organisation agree not to build up stocks nor

range missiles and guided missiles are defined as missiles such that the velocity or direction of motion can be influenced after the instant of launching by a device or mechanism inside or outside the missile, including V-type weapons developed in the recent war and subsequent modifications thereof. Combustion is considered as a mechanism which may influence the velocity.

b. Subject to the provisions of Paragraph d, influence mines are defined as naval mines which can be exploded automatically by influences which emanate solely from external sources, including influence mines developed in the recent war and subsequent modifications thereof.

c. Parts, devices or assemblies specially designed for use in or with the weapons referred to in Paragraphs a and b shall be deemed to be included in this definition.

d. Proximity fuses, and short-range guided missiles
for anti-aircraft defense with the following maxi-
mum characteristics, are regarded as excluded from
this definition:

Length, 2 meters;
Diameter, 30 centimeters;

Velocity, 660 meters per second;

Ground range, 32 kilometres;

Weight of war-head, 22.5 kilogrammes.

V. Naval Vessels other than Minor Defensive Craft. Naval Vessels other than minor defensive craft

mean:

a. Warships over 1,500 tons displacement.

b. Submarines.

c. All warships powered by means other than steam, diesel or petrol engines or gas turbines or jets.

VI. Military Aircraft.

Complete military aircraft and components thereof, as listed below:

a. Air frames-center section spars, wing panel spars, longerons.

b. Jet engines-centrifugal impellors, turbo discs, burners, axial flow center shafts.

c. Reciprocating engines-cylinder blocks, supercharger impellors.

to produce the armaments mentioned in paragraph 2 (b) and (c) beyond the limits required (a) for the equipment of their forces, taking into account any imports including external aid, and (b) for export.

5. The requirements for their NATO forces shall be established on the basis of the results of the Annual Review and the recommendations of the NATO military authorities.

6. For forces remaining under national control, the level of stocks must correspond to the size and mission of those forces. That level shall be notified to the Agency.

7. All importations or exportations of the controlled arms will be notified to the Agency.

8. The Agency will operate through the examination and collation of statistical and budgetary data. It will undertake test checks and will make such visits and inspections as may be required to fulfil its functions as defined in paragraph 1 above.

9. The basic rules of procedure for the Agency shall be laid down in a Protocol to the Brussels Treaty.

10. If the Agency finds that the prohibitions are not being observed, or that the appropriate level of stocks is being exceeded, it will so inform the Brussels Council.

11. The Agency will report and be responsible to the Brussels Council, which will take its decisions by a majority vote on questions submitted by the Agency.

12. The Brussels Council will make an Annual Report on its activities concerning the control of armaments to the Delegates of the Brussels Treaty Powers to the Consultative Assembly of the Council of Europe.

13. The Governments of the U.S.A. and Canada will notify the Brussels Treaty Organisation of the military aid to be distributed to the continental members of that Organisation. The Organisation may make written observations.

14. The Brussels Council will establish a Working Group in order to study the draft directive presented by the French Government and any other papers which may be submitted on the subject of armaments production and standardisation. 15. The Brussels Treaty Powers have taken note

of the following Declaration of the Chancellor of the Federal Republic of Germany and record their agreement with it:

THE FEDERAL CHANCELLOR DECLARES:

that the Federal Republic undertakes not to manufacture in its territory any atomic weapons, chemical weapons or biological weapons, as detailed in paragraphs I, II and III of the attached lists; that it undertakes further not to manufacture in its territory such weapons as those detailed in paragraphs IV, V and VI of the attached list. Any amendment to or cancellation of the substance of paragraphs IV, V and VI can, on the request of the Federal Republic, be carried out by a resolution of the Brussels Council of Ministers by a twothirds majority, if in accordance with the needs of the armed forces a request is made by the competent supreme commander of NATO;

that the Federal Republic agrees to supervision by the competent authority of the Brussels Treaty Organisation to ensure that these undertakings are observed.

List Appended to the Declaration by the Federal Chancellor

This list comprises the weapons defined in paragraphs I to VI and the factories earmarked solely for their production. All apparatus, parts, equipment, installations, substances and organisms which are used for civilian purposes or for scientific, medical and industrial research in the fields of pure and applied science shall be excluded from this definition.

I. Atomic weapons

Text as in Annex II paragraph I to Article 107 of the EDC Treaty with the deletion of (c).

II. Chemical weapons

III. Biological weapons

IV. Long distance missiles,

guided missiles,

magnetic and influence mines

Texts as in Annex II, paragraphs II, III and IV to Article 107 of the EDC Treaty.

V. Warships, with the exception of smaller ships for

defence purposes

"Warships, with the exception of smaller ships for defence purposes are:

(a) Warships of more than 3,000 tons displacement. (b) Submarines of more than 350 tons displacement.

(c) All warships which are driven by means other than steam, Diesel or petrol engines or by gas turbines or by jet engines".

VI. Bomber aircraft for strategic purposes The closest possible co-operation with NATO shall be established in all fields.

III.

Results of London Conference
Statement by Secretary Dulles1

The London Conference produced solid results. It worked out a system, in place of the European Defense Community, which can preserve and strengthen the Atlantic community by giving it a hard core of European unity. Thus, it salvages many of the values of the EDC plan and will give opportunity for the other values to be achieved by further effort. The fact that all of this was done, and done within 33 days of the rejection of EDC, shows the vitality of the Atlantic community. Under this new plan:

German sovereignty will be restored, and beginning today the Allied High Commissioners will forego the exercise of most of their occupation rights.

Germany will join NATO and make its indispensable contribution to the defense of the West. This will be done within a Continental system of armament controls.

Western unity will be developed within the framework of the Brussels Treaty. The treaty members will become identical with the projected membership of EDO, the United Kingdom being an additional member. Their Council will have broad authority and can act in many important matters by a majority vote. Thus national authority gives way to European authority.

The United Kingdom has made a momentous long-term commitment of its military forces to the continent of Europe.

Much of what was agreed on will, of course, require further approvals by other nations and by parliaments.

When I went to London, I said that the initiative rested with the European powers. They had exercised that initiative.

The result is what the Europeans decided on for themselves. The United States will, I hope, cooperate with the result, because to do so will be very much in our national interests.

'Made at Washington National Airport on Oct. 4 (press release 547).

'BULLETIN of Oct. 4, 1954, p. 489.

United States, United Kingdom and Canadian Assurances

The United States Secretary of State set forth the willingness of the United States to continue its support for European unity, in accordance with the following statement.

If, using the Brussels Treaty as a nucleus, it is possible to find in this new pattern a continuing hope of unity among the countries of Europe that are represented here,

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