740.5/2–1553: Telegram

The United States High Commissioner for Germany (Conant) to the Department of State 1

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3832. From Reber. Hallstein called on me last night with message from Chancellor who is very disturbed by content French “interpretative protocols”. In his opinion these radically change nature of [Page 730] EDC, destroying much of its European character and discriminating against Germany. Hallstein has given us memo setting forth Chancellor’s views in greater detail, text of which follows Section II this telegram.2 Hallstein said this represented their first impressions but did not believe further study would show they could accept any of French proposals.

Chancellor is concerned as to effect protocols will have on chances of third reading in Bundestag, as opposition is mounting both in press and coalition circles. Ollenhauer launched strong attack in radio speech and Monday’s press will undoubtedly make much of issue. Hallstein pointed out either proposals are final, in which case are unacceptable to Germany, or they are negotiable in which case third reading might have to be delayed. Chancellor also fears impact on constitutional court’s decision next week, although at first glance it seems to us proposals will probably strengthen present inclination of court to reject government’s request for opinion, leaving constitutional issue in abeyance until after legislative action.

Pending further clarification of issue in EDC Interim Committee, we propose, unless you perceive any objection, to urge Chancellor refrain from any drastic action or strong public statement which might prejudice negotiations.

It may be difficult for him to avoid latter and there is no doubt he takes very serious view of situation now created. His position might, however, be strengthened and prospects for negotiations improved if US could indicate to him its opposition to French proposals for Article 13, making this known publicly at an early date, and then urge negotiation on other proposals. “Interchangeability of military personnel” and protocol to Article 107 seem to us to present greatest difficulties for Germany.3

Conant
  1. Repeated to London and Paris.
  2. Section II of this telegram is not printed.
  3. In telegram 4130 to Bonn, Feb. 16, Dulles stated his strong concurrence with the third paragraph of the source text, stated that any taking of firm public stance on EDC protocols would “materially impair any chance of views being negotiated and reconciled in EDC interim committee”, and expressed the hope that all EDC countries would refrain from public reaction (740.5/2–1553).