Foreign Relations of the United States, 1949, Council of Foreign Ministers; Germany and Austria, Volume III

862.01/11–2249: Telegram

The United States High Commissioner for Germany ( McCloy ) to the Secretary of State

secret   priority

Bonn , November 22, 1949—10 p.m.

45. 1. Following is text of protocol of agreements reached between the Allied High Commissioners and the Chancellor of the German Federal Republic on the Petersberg on 22 November 1949:¹

This text has not yet been cleared with French and German texts and, therefore, is subject to minor changes. Cable containing summary of discussions follows:²

“Following upon the meeting of the three Foreign Ministers in Paris on November 9 and 10³ the UK, French and US High Commissioners were authorized to discuss with the Federal Chancellor the letters which he had addressed to them on the subject of dismantling⁴ with a view to a final settlement of this problem. The instructions to the High Commissioners⁵ also covered a wider field and required them to examine with the Chancellor other points to be included in a general settlement. Discussions took place accordingly on November 15, 17 and 22 on the Petersberg.⁶

The discussions were animated throughout by the desire and the determination of both parties that their relations should develop progressively upon a basis of mutual confidence. Meanwhile, their primary objective is the incorporation of the Federal Republic as a peaceful member of the European community and to this end German association with the countries of Western Europe in all fields should be diligently pursued by means of her entry into the appropriate international bodies and the exchange of commercial and consular representation with other countries. Both the High Commissioners and the Chancellor appreciate that progress towards this objective must depend upon the establishment of a true sense of security in Western Europe and they have addressed themselves particularly to this end. In all these matters they have been encouraged to find a wide community of ideas and intention and they have in particular agreed upon the following:

I. The High Commission and the Federal Government are agreed to promote the participation of Germany in all these international organizations through which German experience and support can contribute to the general welfare. They record their satisfaction at the various steps already achieved in this direction, citing German participation in OEEC, the desire expressed on both sides that the Federal Republic should be promptly admitted to the Council of Europe as an associate member and the proposed signature of a Trilateral agreement with the Government of the United States of America covering ECA assistance.

II. The Federal Government, appreciating the desirability of the closest possible cooperation by Germany in the rehabilitation of Western European economy, declares its intention of applying for membership in the International Authority for the Ruhr in which, at present, the Federal Government is only represented by an observer, it being understood between both parties that German accession will not be subject to any special conditions under Article 31 of the agreement for the establishment of the Authority.⁷

III. The Federal Government further declares its earnest determination to maintain the demilitarization of the Federal territory and to endeavor by all means in its power to prevent the re-creation of Armed Forces of any kind. To this end the Federal Government will cooperate fully with the High Commission in the work of the Military Security Board.

IV. It is further agreed between them that the Federal Government shall now initiate the gradual reestablishment of consular and commercial relations with those countries where such relations appear advantageous.

V. The Federal Government affirms its resolve as a freely-elected democratic body to pursue unreservedly the principles of freedom, tolerance and humanity which unite the nations of Western Europe and to conduct its affairs according to those principles. The Federal Government is firmly determined to eradicate all traces of Nazism from German life and institutions and to prevent the revival of totalitarianism in this or any form. It will seek to liberalize the structure of government and to exclude authoritarianism.

VI. In the field of decartelization and monopolistic practices the Federal Government will take legislative action corresponding to decisions taken by the High Commission in accordance with Article 2 (b) of the Occupation Statute.⁸

VII. The High Commission has communicated to the Chancellor the terms of an agreement reached by the three powers for the relaxation of the present restrictions on German shipbuilding.
The main provisions now agreed are as follows:
The construction of ocean-going ships excluding those primarily designed for passengers, and tankers up to 7,200 tons, fishing vessels up to 650 tons and coastal vessels up to 2,700 tons not exceeding 12 knots service speed may begin forthwith. The number of such snips to be constructed shall not be limited.
The Federal Government may, with the approval of the High Commission, acquire or construct before December 31, 1950 six special ships exceeding these limitations of size and speed. Further particulars on this point were communicated to the Chancellor.
The Federal Chancellor raised the question of the construction and repair of ships in German shipyards for export. The High Commissioners informed him that this matter was not discussed by the Committee of Experts and that they were not in a position to give him a final decision on it. However, they will meanwhile authorize German shipyards to construct for export ships of the types and within such limits of numbers as are applicable to construction for the German economy; they will authorize repair of foreign ships without restriction.

VIII. On the question of dismantling, the High Commission has reviewed the present position in the light of the assurances given by the Federal Government and has agreed to the following modification of the programme. The following plants will be removed from the reparations list and dismantling of their equipment will cease forthwith.

•  A. Synthetic Oil and Rubber Plants.
• Farbenfabriken Bayer, Leverkusen.
• Chemische Werke, Huels.
• (Except for certain research equipment at Chemische Werke Huels. These plants involving an important security element)
• Gelsenberg Benzin, A. G.
• Hydrierwerke Scholven, A. G.
• Ruhroel G.M.B.H., Bottrop
• Ruhrchemie A. G.
• Gewerkschaft Victor
• Krupp Treibstoff G.M.B.H.
• Steinkohlenbergwerke
• Dortmunder paraffin
• Essener Steinkohle A. G.
•  B. Steel Plants.
• August Thyssen Hüte, Duisburg, Hamborn
• Hüttenwerke Siegerland, Charlottenhütte
• Deutsche Edelstahlwerke, Krefeld
• August Thyssen Hütte, Niederrheinische Hutte
• Klöckner-Werke, Duesseldorf
• Ruhrstahl A. G. Heinrichschütte, Hattingen
• Bochumer Verein Gusstahlwerke, Bochum
• Except that electric furnaces not essential to the functioning of the works will continue to be dismantled or destroyed.
•  C. Further dismantling at the I. G. Farben plant at Lud-wigshafen will not take place except for the removal of the equipment for the production of synthetic ammonia and methanol to the extent provided for in the reparations programme.
•  D. All dismantling in Berlin will cease and work on [in?] the affected plants will be again rendered possible.
•  It is understood that equipment already dismantled will be made available to IARA except in the case of Berlin. The present modification of the reparations list will not affect the existing prohibitions and restrictions upon the production of certain materials. Dismantled plants may be reconstructed or reequipped only as permitted by the Military Security Board and those plants at which dismantling has been stopped will be subject to suitable control to ensure that the limitation on the production of steel (11.1 million tons per annum) is not exceeded.

IX. The question of the termination of the state of war was discussed. Although such termination may be regarded as consistent with the spirit of this protocol, it presents considerable legal and practical difficulties which need to be examined.

X. The High Commissioners and the Federal Chancellor have signed this protocol with the joint determination to carry into effect the purposes stated in the preamble hereof and with the hope that their understandings will constitute a notable contribution to the incorporation of Germany into a peaceful and stable European community of nations.

Initialled:

B. H. Robertson
A. François-Poncet
J. J. McCloy	K. Adenauer ”

2. Following is summary statement of the council on shipbuilding which was handed to the Federal Chancellor this date. Summary cable which follows states Adenauer’s reaction to this statement.

“Shipping and shipbuilding in Germany were made subject to restrictions under directives issued by the Allied Control Authority. Among other restrictions these directives specified that ship construction should be limited to coastal vessels having a maximum size of 1,500 G.R.T. and a maximum speed of 12 knots. The construction of ocean-going shipping was prohibited.

The agreement made on 8 April in Washington on the prohibited and limited industries⁹ laid down in Article XI revised conditions which removed or alleviated very considerably the restrictions imposed under the A.C.A. directives. The maximum size of coastal vessels was raised to 2,700 G.R.T. Germany was permitted to construct oceangoing shipping, excluding ships designed primarily for passengers, as soon as the requirements of her coastal fleet had been met. While oceangoing ships were in principle to be limited to a maximum size of 7,200 G.R.T. and a trial speed of 12 knots, and as to type to dry cargo ships and tankers, certain facilities were accorded for the acquisition of special ships. A committee of experts was constituted to prepare a report on the types of such special ships as may be required by Germany and permitted to her. The committee was also instructed to determine those features of design, etc., which should be prohibited as facilitating conversion to war purposes and as being not in conformity with normal merchant marine practice.

The revised conditions contained in Article XI of the Washington agreement have hitherto not been brought into force and shipbuilding in the Federal Republic is still controlled by the old A.C.A. directives. This is because the report of the committee of experts had not been completed and approved by governments. This situation has now been cleared up, and the Allied High Commission is now prepared to publish and to bring into force Article XI of the Washington agreement and the implementing regulations.

Meanwhile the High Commissioners are prepared to give the following information to the Federal Chancellor regarding the principal points established in the report of the committee of experts.

(a) Speeds mentioned in Article XI of the Washington agreement should be regarded for the purposes of the agreement as service speeds and a margin of 1¾ knots should be authorized between such speeds and the corresponding trial speeds at full power with clean bottoms.

(b) It may be accepted that the German coastal fleet has been reconstituted and that, therefore, the construction of ocean-going vessels may be permitted.

(c) Consideration may be given to granting of licenses for the laying of keels or the acquisition before 31 December, 1950 of six ships exceeding the limitations of speed and tonnage as defined in paragraph 1 of Article XI of the Washington agreement. In this connection the High Commission would be ready to approve the construction of six refrigerator ships of 3,000 G.R.T. and 16½ knots trial speed. Alternatively the High Commission would consider an application for the substitution for any or all of the six ships of a vessel or vessels exceeding the tonnage limit of 7,200 G.R.T. but within the speed limit of 13¾ knots trial speed and not exceeding a total tonnage of 60,000 G.R.T.

(d) The High Commission will authorize the completion for export of the uncompleted tanker S 235 of 9968 G.R.T. and 13½ knots service speed now laying at Hamburg.

(e) It will be a general condition that any ship built or acquired by Germany must present characteristics in conformity with normal mercantile marine practice. This is a matter, the observance of which will be a responsibility of the Military Security Board who will be guided by a directive on prohibited features, drawn up by the Committee of Experts.”

Sent Department 45; repeated Frankfort 46.

McCloy

1. This protocol on Incorporation of Germany Into European Community of Nations became known as the Petersberg Protocol. For the official text, see 3 UST (pt. 2) 2714. The text is also printed in Ruhm von Oppen, Documents on Germany, pp. 439–442.
2. Telegram 46, infra.
3. Regarding this meeting of the Foreign Ministers, see pp. 305 ff. and pp. 632 ff.
4. Under reference here are the three letters considered by the High Commissioners October 13 and a subsequent letter of the Chancellor dated November 3. For a summary of the first three letters, see editorial note, p. 612; the text of the last letter was transmitted in telegram 3737, November 4, p. 631.
5. For the text of these instructions, see p. 635.
6. A report on the November 15 meeting was transmitted in telegram 4021, November 15, p. 314; regarding the meeting November 17, see editorial note, p. 640; for a report on the meeting of November 22, see telegram 46, infra.
7. For the text of the Agreement for the Establishment of an International Authority for the Ruhr, signed at London on April 28, 1949, see 3 UST 5212; for the draft text, see Foreign Relations, 1948, vol. ii, p. 581.
8. For the text of the Occupation Statute, adopted by the Foreign Ministers during their Washington meetings, April 6–8, see p. 179.
9. For the text of prohibited and limited industries’ agreement agreed by the Foreign Ministers April 8 and promulgated by the Military Governors, April 13, see Ruhm von Oppen, Documents on Germany, pp. 380–385, or Germany 1947–1949, pp. 366–371.