C.F.M. Files: Lot M–88: Box 2066: Deputies Records of Decisions

Record of Decisions, Council of Foreign Ministers, Third Session, Deputies, 124th Meeting, Waldorf-Astoria Hotel, New York, November 30, 1946, 11 a.m.

secret
CFM(D) (46) (NY) 124th Meeting, November 30, 1946.

Present

U.S.S.R.
M. Gousev (Chairman)
M. Kozyrev
M. Stetsenko
U.K. U.S.A
Mr. Jebb Mr. Dunn
Mr. Sterndale Bennett Mr. Reber
Lord Hood Mr. Summers
Mr. Fitzmaurice
France
M. Alphand
M. Wolfrom
M. Burin des Roziers
Prof. Gros

I Peace Treaty with Italy: Free Territory of Trieste

The Deputies proceeded to consider which clauses of the Permanent Statute of the Free Territory could be regarded as applicable to the Provisional Regime (see docs. CFM(46) (NY) 22, 23 and 2886 and French Draft Instructions to the Governor for the provisional period).87

(a) After an exchange of views on the basis of doc. CFM(46) (NY) 28, it was agreed to report to the Ministers that the following sections of this document would be applicable to the Provisional Regime:

Page 1, Paras. 1, 2, 3, 4, and 5:

Page 2, Sections II and III, Paras. 1, 5, 8, 8 bis (1(b), 3(a), 10(a), (a)), together with the agreed texts adopted at the Council’s 10th Meeting on November 28 (Withdrawal of Troops, Continuance of Allied Military Government, Appointment of Governor, Appointment of Provisional Council of Government (first part) and Elections to the Constituent Assembly).

[Page 1356]

(b) Sub-paragraph 2 of Section III (page 2), it was agreed, would be applicable with the following addition proposed by the U.S. Delegation:

“Without prejudice to the foregoing arrangements agreed by the Council of Foreign Ministers as to the number of troops permitted in the area and the conditions of their withdrawal, which shall govern the presence of troops in the area during the period of the Provisional Government, Article 2 of the Permanent Statute shall be applicable upon the entry into force of the present Treaty.”

The U.K. Deputy drew attention in this connection to a recommendation contained in para. 12 of doc. CFM(46)258, dated August 29, 1946,88 regarding the eventual right of a contingent commander to appeal to his Government against the use of his troops for a particular operation.

(c) Sub-paragraph 3 of Section III (page 2) was agreed to be applicable in conjunction with the Council decision of November 28 regarding elections to the Constituent Assembly.

(d) It was agreed that sub-paragraph 6 of Section III (page 3) was not applicable.

(e) It was further agreed that the Acting Chairman would report in detail to the Ministers on the other sections of the document, the applicability of which to the Provisional Regime was not agreed and would also ask the Council to give a ruling as to whether the Governor should be finally responsible for executive power in the provisional period.

II Next Meeting

Monday, December 2, at 11 a.m.

  1. Ante, pp. 1251, 1252, and 1278, respectively.
  2. Included in Annex to the Record of Decisions of the 122nd Meeting of the Deputies, November 28, 1946, p. 1321, under the heading Appointment of a Provisional Council of Government.
  3. Not printed.