CFM Files: Lot M–88: Box 2161: CFM(D) (47) (G) Documents
Proposal by the French Delegation to the Deputies for Germany of the Council of Foreign Ministers 35
CFM(D) (47) (G)38
Drafting of the Peace Treaty With Germany: Draft Procedure
In accordance with the provisions of the Potsdam Agreement relating to the setting up of the Council of Foreign Ministers, to which the French Government has agreed, the Peace Treaty with Germany is to be drafted by the Council comprising, for this purpose, representatives of the signatory states to the Act of Surrender of Germany. The same provisions have been applied mutatis mutandis, as in the drafting of the Peace Treaty with Italy and the Satellite States.
On one point only, the procedure applied heretofore should be changed, for experience has shown that a different method was necessary in this respect. We refer to the participation of the other Allied States.
The object of the following proposals is to determine the conditions in which the other Allied States concerned with the German problem can take part in the drafting of the treaty and define the procedure which should be adopted by the Council of Foreign Ministers when it meets in Moscow on 10th March, 1947.
A list of the States concerned with the German problem referred to hereinafter as the “States concerned”, shall be drawn up by the Council of Foreign Ministers, in accordance with its decision of 12th December, 1946 whereby it was agreed to hear the views of the Allied Governments neighbouring on Germany, as well as those of such representatives of the Allied States, whose armed forces took part in the war against Germany, as would wish to express their views.
This procedure should apply at all stages of the study of the German problem.
i. council of foreign ministers
- A.
- According to paragraph 4 of the above mentioned part of the Potsdam Agreement, “each time the Council examines a question of direct interest to a State not represented on the Council, such State [Page 18] shall be invited to send representatives to take part in the discussion and study of the questions”.
- B.
- An information and consultation committee of the Allied Governments shall be set up for the duration of the session of the Council. It shall include the Foreign Ministers’ Deputies and representatives appointed by those of the States concerned that wish to take part.
- This Committee shall meet each time the Council decides to bring a matter concerning Germany to the knowledge of the States concerned. It shall be informed of the progress of work in connexion with such matter. The principal documents relating to the matter shall be submitted to it. It shall obtain the comments of the States concerned.
ii. conference of deputies
The Conference of Deputies shall base its work on the general instructions received from the Council of Foreign Ministers. The representatives of the States concerned shall take a more active part in this work than they do in that of the Council.
- A.
- In accordance with the procedure provided for by Article 4 A of the above mentioned Potsdam Agreement, the Deputies may hear the States concerned separately on any given question. Two provisions shall allow for the other States being more closely associated with such hearing:
- With the agreement of the Government concerned.
- 1.
- Communications in writing from the States submitting their views to the Deputies shall be brought to the knowledge of the representatives of all the other States concerned.
- 2.
- The representatives of the other States concerned may attend the hearing in an observing capacity, should they so wish.
- B.
- The Foreign Ministers’ Deputies shall co-operate with each of the
States concerned, in the study of questions of direct interest to
them, by setting up committees to which special representatives
shall be appointed.
- a)
- A political committee
- b)
- An economic committee
- Each time the Conference of Deputies approaches the discussion of a problem of direct interest to other States, it shall refer the study of such problem to one of these committees and provide this committee with a list of the States that are to be invited to take part in its work in connexion with the matter under consideration. For instance, the political committee shall invite the Netherlands Government to appoint a representative to follow the work of the experts entrusted with the study of the Dutch/German frontier.
- Ad hoc committees may be set up for each of the questions under consideration, so as not to hold up the work of the conference of Deputies.
- C.
- An Information and Consultation Committee shall be set up for the duration of the sessions of the Conference of Deputies to keep the representatives of the States concerned informed as to the progress of work in connexion with all questions, and to receive their remarks in accordance with the procedure provided for above for the Information Committee of the Council of Foreign Ministers.
iii. peace conference
The above procedure shall make it possible to deal with most of the claims presented by the States concerned, particularly by providing them with the principal documents relating to the work of the Council, as such work progresses, and by enabling them to submit their comments in due time.
More complete documents shall be placed at their disposal at the opening of the general Conference to be convened by the Council of Foreign Ministers as soon as work in connection with the settlement of the German problem will have progressed sufficiently.
With this reservation, the work of this Conference as a whole shall take place in accordance with precedents established at the Paris Conference.
The Council of Foreign Ministers shall meet again after the General Conference to work out final decisions relating to the Peace Treaty with Germany.
-
This proposal was first discussed in detail by the Deputies for Germany at their 14th Meeting, February 5, 1947. In reporting on this meeting in telegram 804, Delsec 1190, February 6, 1947, from London, not printed, Murphy commented upon the “various inadequacies” of the French proposal in part as follows:
↩“In fact, French deputy’s oral justification made proposal appear even more clearly as elaborate mechanism for creating illusion of association of other Allies in peacemaking, while denying free general discussion which should be substance of real participation. French deputy reiterated several times general aim to avoid anything which transforms meetings of CFM or of deputies into a general discussion, into something like a permanent conference of Allied Governments.” (740.00119 Council/2–647)