740.00119 EAC/5–745
Note by the Secretary General of the European Advisory
Commission (Donaldson) of the Twelfth Meeting of the Allied Consultation Committee,
European Advisory Commission, Held at Lancaster House, London, May
4, 1945,11 a.m.5
E.A.C.(A.C.C.) 45 12th Meeting
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Present: |
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Mr. G. F. Saksin (in the
Chair) |
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| Viscount Hood |
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Count de Leusse |
| Brigadier F. G
French |
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Brigadier-General V. Meyer |
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Mr. P. Mosely |
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Secretariat:
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Mr. E. P. Donaldson |
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Mr. T. A. Marchenko |
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Mr. E. A. Paton-Smith |
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Summary of the Agreements on Machinery of Control
in Germany and Zones of Occupation
The Committee agreed to accept as a basis for discussion the draft
summary of the Agreement on Control Machinery prepared by Lord
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Hood on 10th March
[P26/33/45]5a and the redraft of the
summary of the Protocol on the Occupation of Germany circulated on 17th
April [P9/38/45].6
1. Occupation of Germany
The Committee approved with a number of drafting amendments a “draft
summary of the Agreement between the Governments of the Union of Soviet
Socialist Republics, the United Kingdom, the United States of America
and the Provisional Government of the French Republic on the occupation
of Germany” and decided to submit it in the form attached [Annex I] to
the European Advisory Commission.
2. Control Machinery in Germany
The Committee approved the text of a “draft summary of the Agreement
between the Governments of the Union of Soviet Socialist Republics, the
United Kingdom, the United States of America and the Provisional
Government of the French Republic on Control Machinery in Germany” and
decided to submit it in the form attached [Annex II] to the European
Advisory Commission.
In discussion, the U.S. Delegation proposed as an alternative to new
paragraph 4 the following text:—
“The Co-ordinating Committee, acting on behalf of the Control Council
and through the Control Staff, will carry out the decisions of the
Control Council and exercise day to day supervision and control of
the activities of the German central administrative bodies and
institutions.
“The Control Staff will exercise control over the corresponding
German ministries and German central institutions, and advise the
Control Council and the Co-ordinating Committee.”
Brigadier French suggested that if the duties of the Co-ordinating
Committee were to be more fully defined, the text of Article 5 of the
Agreement of 14th November, 1944, should be incorporated. Mr. Saksin
thought that it would be better to omit this paragraph altogether. The
Committee agreed to retain the original draft of new paragraph 4 with
the substitution of “German central organs” for “the German Central
Administration”.
The Chairman pointed out that paragraph 8 of the original draft included
matter which did not appear in the Agreement of 14th November, 1944, but
was taken from the covering report. He suggested that this should be
omitted. Lord Hood said that he would agree to omit this, but would wish
to reserve the right to raise orally the question of the issue of a
public statement at the time of the signature of the Instrument of
Surrender regarding the intention of the
[Page 264]
four Governments to consult with the Governments
of other United Nations in connection with the exercise of the powers
assumed by them in that Instrument.
[Annex 1]
Draft Summary of the Agreement Between the
Governments of the Union of Soviet Socialist Republics, the
United Kingdom, the United States of America, and the
Provisional Government of the French Republic on the Occupation
of Germany7
P9/40/45
1. Germany, within her frontiers as they were on 31st December, 1937,
will, for the purposes of occupation, be divided into four zones,
one to be allotted to each Power as follows:—
an eastern zone to the Union of Soviet Socialist
Republics;
a north-western zone to the United Kingdom;
a south-western zone to the United States of America;
a western zone to France.
The occupying forces in each zone will be under a
Commander-in-Chief designated by the responsible Power. Each of the
four Powers may, at its discretion, include among the forces
assigned to occupation duties under the command of its
Commander-in-Chief, auxiliary contingents from the forces of any
other Allied Power which has actively participated in military
operations against Germany.
2. The area of “Greater Berlin” will be occupied by forces of each of
the four Powers. An Inter-Allied Governing Authority (in Russian,
Komendatura) consisting of four Commandants, appointed by their
respective Commanders-in-Chief, will be established to direct
jointly its administration.
[Annex 2]
Draft Summary of the Agreement Between the
Governments of the Union of Soviet Socialist Republics, the
United Kingdom, the United States of America, and the
Provisional Government of the French Republic on Control
Machinery in Germany7
P26/39/45
In the period when Germany is carrying out the basic requirements of
unconditional surrender, supreme authority in Germany will be
exercised, on instructions from their Governments, by the Soviet,
British, United States and French Commanders-in-Chief, each in his
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own zone of
occupation, and also jointly, in matters affecting Germany as a
whole. The four Commanders-in-Chief will together constitute the
Control Council.
2. The Control Council, whose decisions shall be unanimous, will
ensure appropriate uniformity of action by the Commanders-in-Chief
in their respective zones of occupation and will reach agreed
decisions on the chief questions affecting Germany as a whole.
3. Under the Control Council, there will be a permanent Co-ordinating
Committee composed of one representative of each of the four
Commanders-in-Chief and a Control Staff organised in the following
Divisions (which are subject to adjustment in the light of
experience):
Military; Naval; Air; Transport; Political; Economic; Finance;
Reparation, Deliveries and Restitution; Internal Affairs and
Communications; Legal; Prisoners of War and Displaced Persons;
Man-power.
There will be four heads of each Division, one designated by each
Power. The staffs of the Divisions may include civilian as well as
military personnel, and may also in special cases include nationals
of other United Nations appointed in a personal capacity.
4. The functions of the Co-ordinating Committee and of the Control
Staff will be to advise the Control Council, to carry out the
Council’s decisions and to transmit them to German central organs,
and to supervise and control the day-to-day activities of the
latter.
5. Liaison with the other United Nations Governments chiefly
interested will be established through the appointment by such
Governments of military missions (which may include civilian
members) to the Control Council. These missions will have access
through the appropriate channels to the organs of control.
6. United Nations organisations will, if admitted by the Control
Council to operate in Germany, be subordinate to the Allied control
machinery and answerable to it.
7. The administration of the “Greater Berlin” area will be directed
by an Inter-Allied Governing Authority, which will operate under the
general direction of the Control Council, and will consist of four
Commandants, each of whom will serve in rotation as Chief
Commandant. They will be assisted by a technical staff which will
supervise and control the activities of the local German organs.
8. The arrangements outlined above will operate during the period of
occupation immediately following German surrender, when Germany is
carrying out the basic requirements of unconditional surrender.
Arrangements for the subsequent period will be the subject of a
separate agreement.
