Conference files, lot 60 D 627, cf 369
Final Act of the Nine-Power Conference Held in London Between the Twenty-Eigth of September and the Third of October, Nineteenth Hundred and Fifty-Four 1
The Conference of the Nine Powers, Belgium, Canada, France, the Federal Republic of Germany, Italy, Luxembourg, Netherlands, the United Kingdom of Great Britain and Northern Ireland and the United States met in London from Tuesday the Twenty-eighth of September, Nineteen hundred and Fifty-four, to Sunday the Third of October, Nineteen hundred and Fifty-four. It dealt with the most important issues facing the Western world, security and European integration within the framework of a developing Atlantic community dedicated to peace and freedom. In this connexion the Conference considered how to assure the full association of the Federal Republic of Germany with the West and the German Defence contribution.
- Belgium was represented by His Excellency Monsieur P-H. SPAAK.
- Canada was represented by the Honourable L. B. Pearson.
- France was represented by His Excellency Monsieur P. Mendès-France.
- The Federal Republic of Germany was represented by His Excellency Dr. K. Adenauer.
- Italy was represented by His Excellency Professor G. Martino.
- Luxembourg was represented by His Excellency Monsieur J. Bech.
- The Netherlands was represented by His Excellency J. W. Beyen.
- The United Kingdom of Great Britain and Northern Ireland was represented by the Rt. Hon. A. Eden, M.C., M.P.
- The United States of America was represented by the Honourable J. F. Dulles.
All the decisions of the Conference formed part of one general settlement which is, directly or indirectly, of concern to all the North Atlantic Treaty Organisation Powers, and which will therefore be submitted to the North Atlantic Council for information or decision.
The Governments of France, the United Kingdom and the United States declare that their policy is to end the Occupation régime in the Federal Republic as soon as possible, to revoke the Occupation Statute and to abolish the Allied High Commission. The Three Governments will continue to discharge certain responsibilities in Germany arising out of the international situation.[Page 1346]
It is intended to conclude, and to bring into force as soon as the necessary parliamentary procedures have been completed, the appropriate instruments for these purposes. General agreement has already been reached on the content of these instruments, and representatives of the Four Governments will meet in the very near future to complete the final texts. The agreed arrangements may be put into effect either before or simultaneously with the arrangements for the German defence contribution.
As these arrangements will take a little time to complete, the Three Governments have in the meantime issued the following Declaration of Intent:—
“Recognising that this great country can no longer be deprived of the rights properly belonging to a free and democratic people; and
“Desiring to associate the Federal Republic of Germany on a footing of equality with their efforts for peace and security:
“The Governments of France, the United Kingdom, and the United States of America desire to end the Occupation régime as soon as possible.
“The fulfilment of this policy calls for the settlement of problems of detail in order to liquidate the past and to prepare for the future, and requires the completion of appropriate Parliamentary procedures.
“In the meantime, the Three Governments are instructing their High Commissioners to act forthwith in accordance with the spirit of the above policy. In particular, the High Commissioners will not use the powers which are to be relinquished unless in agreement with the Federal Government, except in the fields of disarmament and demilitarisation and in cases where the Federal Government has not been able for legal reasons to take the action or assume the obligations contemplated in the agreed arrangement.”
The Brussels Treaty will be strengthened and extended to make it a more effective focus of European integration.
For this purpose the following arrangements have been agreed upon:—
- The Federal Republic of Germany and Italy will be invited to accede to the Treaty, suitably modified to emphasise the objective of European unity, and they have declared themselves ready to do so. The system of mutual automatic assistance in case of attack will thus be extended to the Federal Republic of Germany and Italy.
- The structure of the Brussels Treaty will be reinforced. In particular the Consultative Council provided in the Treaty will become a Council with powers of decision.
The activities of the Brussels Treaty Organisation will be extended to include further important tasks as follows:—
- The size and general characteristics of the German defence contribution will conform to the contribution fixed for E.D.C.
- The maximum defence contribution to N.A.T.O. of all members of the Brussels Treaty Organisation will be determined by a [Page 1347]special agreement fixing levels which can only be increased by unanimous consent.
- The strength and armaments of the internal defence forces and the police on the Continent of the countries members of the Brussels Treaty Organisation will be fixed by agreements within that Organisation, having regard to their proper functions and to existing levels and needs.
The Brussels Treaty Powers agree to set up, as part of the Brussels Treaty Organisation, an Agency for the control of armaments on the Continent of Europe of the continental members of the Brussels Treaty Organisation. The detailed provisions are as follows:—
- The functions of the Agency shall be:—
- to ensure that the prohibition of the manufacture of certain types of armaments as agreed between the Brussels Powers is being observed;
- to control the level of stocks held by each country on the Continent of the types of armaments mentioned in the following paragraph. This control shall extend to production and imports to the extent required to make the control of stocks effective.
- The types of armament to be controlled under
1(b) above shall be:—
- weapons in categories I, II and III listed in Annex II to Article 107 of the E.D.C. Treaty;
- weapons in the other categories listed in Annex II to Article 107 of the E.D.C. Treaty;
- a list of major weapons taken from Annex I to the same Article, to be established hereafter by an expert working group.
Measures will be taken to exclude from control materials and products in the above lists for civil use.
- As regards the weapons referred to under paragraph 2(a) above, when the countries which have not given up the right to produce them have passed the experimental stage and start effective production, the level of stocks that they will be allowed to hold on the Continent shall be decided by the Brussels Treaty Council by a majority vote.
- The continental members of the Brussels Treaty Organisation agree not to build up stocks nor to produce the armaments mentioned in paragraph 2(b) and (c) beyond the limits required (a) for the equipment of their forces, taking into account any imports including external aid, and (b) for export.
- The requirements for their N.A.T.O. forces shall be established on the basis of the results of the Annual Review and the recommendations of the N.A.T.O. military authorities.
- For forces remaining under national control, the level of stocks must correspond to the size and mission of those forces. That level shall be notified to the Agency.
- All imports or exports of the controlled arms will be notified to the Agency.
- The Agency will operate through the collation and examination of statistical and budgetary data. It will undertake test checks and will make such visits and inspections as may be required to fulfil its functions as defined in paragraph 1 above.
- The basic rules of procedure for the Agency shall be laid down in a Protocol to the Brussels Treaty.
- If the Agency finds that the prohibitions are not being observed, or that the appropriate level of stocks is being exceeded, it will so inform the Brussels Council.
- The Agency will report and be responsible to the Brussels Council which will take its decisions by a majority vote on questions submitted by the Agency.
- The Brussels Council will make an Annual Report on its activities concerning the control of armaments to the Delegates of the Brussels Treaty Powers to the Consultative Assembly of the Council of Europe.
- The Governments of the United States of America and Canada will notify the Brussels Treaty Organisation of the military aid to be distributed to the continental members of that Organisation. The Organisation may make written observations.
- The Brussels Council will establish a Working Group in order to study the draft directive presented by the French Government and any other papers which may be submitted on the subject of armaments production and standardisation.
- The Brussels Treaty Powers have taken note of the following Declaration of the Chancellor of the Federal Republic of Germany and record their agreement with it:
The Federal Chancellor declares:
- that the Federal Republic undertakes not to manufacture in its territory any atomic weapons, chemical weapons or biological weapons, as detailed in paragraphs I, II and III of the attached list;
- that it undertakes further not to manufacture in its territory such weapons as those detailed in paragraphs IV, V and VI of the attached list. Any amendment to or cancellation of the substance of paragraphs IV, V and VI can, on the request of the Federal Republic, be carried out by a resolution of the Brussels Council of Ministers by a two-thirds majority, if in accordance with the needs of the armed forces a request is made by the competent supreme Commander of N.A.T.O.;
- that the Federal Republic agrees to supervision by the competent authority of the Brussels Treaty Organisation to ensure that these undertakings are observed.
List Appended to the Declaration by the Federal Chancellor
This list comprises the weapons defined in paragraphs I to VI and the factories earmarked solely for their production. All apparatus, parts, equipment, installations, substances and organisms which are used for civilian purposes or for scientific, medical and industrial research in the fields of pure and applied science shall be excluded from this definition.
- An atomic weapon is defined as any weapon which contains, or is designed to contain or utilise, nuclear fuel or radioactive isotopes and which, by explosion or other uncontrolled nuclear transformation of the nuclear fuel, or by radioactivity of the nuclear fuel or radioactive isotopes, is capable of mass destruction, mass injury or mass poisoning.
- Furthermore, any part, device, assembly or material especially designed for, or primarily useful in, any weapon as set forth under paragraph (a), shall be deemed to be an atomic weapon.
- Nuclear fuel as used in the preceding definition includes plutonium, Uranium 233, Uranium 235 (including Uranium 235 contained in Uranium enriched to over 21 per cent. by weight of Uranium 235) and any other material capable of releasing substantial quantities of atomic energy through nuclear fission or fusion or other nuclear reaction of the material. The foregoing materials are considered to be nuclear fuel regardless of the chemical or physical form in which they exist.
- A chemical weapon is defined as any equipment or apparatus expressly designed to use, for military purposes, the asphyxiating, toxic, irritant, paralysant, growth-regulating, anti-lubricating or catalyzing properties of any chemical substance.
- Subject to the provisions of paragraph (c), chemical substances, having such properties and capable of being used in the equipment or apparatus referred to in paragraph (a), shall be deemed to be included in this definition.
- Such equipment or apparatus and such quantities of the chemical substances as are referred to in paragraphs (a) and (b) which do not exceed peaceful civilian requirements shall be deemed to be excluded from this definition.
- A biological weapon is defined as any equipment or apparatus expressly designed to use, for military purposes, harmful insects or other living or dead organisms, or their toxic products.
- Subject to the provisions of paragraph (c), insects, organisms [Page 1350]and their toxic products of such nature and in such amounts as to make them capable of being used in the equipment of apparatus referred to in (a) shall be deemed to be included in this definition.
- Such equipment or apparatus and such quantities of the insects, organisms and their toxic products as are referred to in paragraphs (a) and (b) which do not exceed peaceful civilian requirements shall be deemed to be excluded from the definition of biological weapons.
IV.—Long-range Missiles, Guided Missiles, and Influence Mines
- Subject to the provisions of paragraph (d), long-range missiles and guided missiles are defined as missiles such that the velocity or direction of motion can be influenced after the instant of launch by a device or mechanism inside or outside the missile, including V-type weapons developed in the recent war and subsequent modifications thereof. Combustion is considered as mechanism which may influence the velocity.
- Subject to the provisions of paragraph (d), influence mines are defined as naval mines which can be exploded automatically by influences which emanate solely from external sources, including influence mines developed in the recent war and subsequent modifications thereof.
- Parts, devices or assemblies specially designed for use in or with the weapons referred to in paragraphs (a) and (b) shall be deemed to be included in these definitions.
- Proximity fuses, and short-range guided missiles for
antiaircraft defence with the following maximum characteristics,
are regarded as excluded from this definition:—
- Length, 2 metres;
- Diameter, 30 centimetres;
- Velocity, 660 metres per second;
- Ground range, 32 kilometres;
- Weight of war-head, 22·5 kilogrammes.
V.—Warships, with the Exception of Smaller Ships for Defence Purposes
“Warships, with the exception of smaller ships for defence purposes” are:—
- Warships of more than 3, 000 tons displacement.
- Submarines of more than 350 tons displacement.
- All warships which are driven by means other than steam, Diesel or petrol engines or by gas turbines or by jet engines.
VI.—Bomber Aircraft for Strategic Purposes
The closest possible co-operation with N.A.T.O. shall be established in all fields.[Page 1351]
III.—United States, United Kingdom and Canadian Assurances
The United States Secretary of State set forth the willingness of the United States to continue its support for European unity, in accordance with the following statement:—
“If, using the Brussels Treaty as a nucleus, it is possible to find in this new pattern a continuing hope of unity among the countries of Europe that are represented here, and if the hopes that were tied into the European Defence Community Treaty can reasonably be transferred into the arrangements which will be the outgrowth of this meeting, then I would certainly be disposed to recommend to the President that he should renew the assurance offered last spring in connection with the European Defence Community Treaty to the effect that the United States will continue to maintain in Europe, including Germany, such units of its armed forces as may be necessary and appropriate to contribute its fair share of the forces needed for the joint defence of the North Atlantic area while a threat to the area exists and will continue to deploy such forces in accordance with agreed North Atlantic strategy for the defence of this area.”
The United Kingdom confirmed its active participation in the Brussels Treaty Organisation and gave the following assurance about the maintenance of United Kingdom forces on the continent of Europe:—
“The United Kingdom will continue to maintain on the mainland of Europe, including Germany, the effective strength of the United Kingdom forces now assigned to SACEUR, four divisions and the Tactical Air Force, or whatever SACEUR regards as equivalent fighting capacity. The United Kingdom undertakes not to withdraw those forces against the wishes of the majority of the Brussels Treaty Powers, who should take their decision in the knowledge of SACEUR’s views.
“This undertaking would be subject to the understanding that an acute overseas emergency might oblige Her Majesty’s Government to omit this procedure.
“If the maintenance of United Kingdom forces on the mainland of Europe throws at any time too heavy a strain on the external finances of the United Kingdom, the United Kingdom will invite the North Atlantic Council to review the financial conditions on which the formations are maintained.”
Canada reaffirmed in the following statement its resolve to discharge the continuing obligations arising out of its membership in N.A.T.O. and its support of the objective of European unity:—
“As far as we are concerned, the North Atlantic Treaty Organisation remains the focal point of our participation in collective defence and of our hope for the development of closer co-operation with the other peoples of the Atlantic community. As such, it remains a foundation of Canadian foreign policy. While we emphasise, then, our belief in the North Atlantic Treaty Organisation, we welcome the proposed extension of the Brussels Treaty. We shall look forward to a growing [Page 1352]relationship, within the framework of N.A.T.O., with the new Brussels Treaty Organisation, composed of countries with whom we are already bound by such close ties.”
IV.—North Atlantic Treaty Organisation
The powers present at the Conference which are members of N.A.T.O. agreed to recommend at the next ministerial meeting of the North Atlantic Council that the Federal Republic of Germany should forthwith be invited to become a member.
They further agreed to recommend to N.A.T.O. that its machinery be reinforced in the following respects:—
- All forces of N.A.T.O. countries stationed on the Continent of Europe shall be placed under the authority of SACEUR, with the exception of those which N.A.T.O. has recognised or will recognise as suitable to remain under national command.
- Forces placed under SACEUR on the Continent shall be deployed in accordance with N.A.T.O. strategy.
- The location of such forces shall be determined by SACEUR after consultation and agreement with the national authorities concerned.
- Such forces shall not be redeployed on the Continent nor used operationally on the Continent without his consent, subject to appropriate political guidance from the North Atlantic Council.
- Forces placed under SACEUR on the Continent shall be integrated as far as possible consistent with military efficiency.
- Arrangements shall be made for the closer co-ordination of logistics by SACEUR.
- The level and effectiveness of forces placed under SACEUR on the Continent and the armaments and equipment, logistics, and reserve formations of those forces on the Continent shall be inspected by SACEUR.
The Conference recorded the view of all the governments represented that the North Atlantic Treaty should be regarded as of indefinite duration.
V.—Declaration by the Federal Government of Germany and Joint Declaration by the Governments of France, United Kingdom and United States of America
The following declarations were recorded at the Conference by the German Federal Chancellor and by the Foreign Ministers of France, United Kingdom and United States of America:—
Declaration by Federal Republic of Germany
The Federal Republic of Germany has agreed to conduct its policy in accordance with the principles of the Charter of the United Nations and accepts the obligations set forth in Article 2 of the Charter.
Upon her accession to the North Atlantic Treaty and the Brussels Treaty, the Federal Republic of Germany declares that she will refrain [Page 1353]from any action inconsistent with the strictly defensive character of the two treaties. In particular the Federal Republic of Germany undertakes never to have recourse to force to achieve the reunification of Germany or the modification of the present boundaries of the Federal Republic of Germany, and to resolve by peaceful means any disputes which may arise between the Federal Republic and other States.
Declaration by the Governments of United States of America, United Kingdom and France
The Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the French Republic,
Being resolved to devote their efforts to the strengthening of peace in accordance with the Charter of the United Nations and in particular with the obligations set forth in Article 2 of the Charter
- to settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered;
- to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations;
- to give the United Nations every assistance in any action it takes in accordance with the Charter, and to refrain from giving assistance to any State against which the United Nations take preventive or enforcement action;
- to ensure that States which are not members of the United Nations act in accordance with the principles of the Charter so far as may be necessary for the maintenance of international peace and security,
Having regard to the purely defensive character of the Atlantic Alliance which is manifest in the North Atlantic Treaty, wherein they reaffirm their faith in the purposes and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all Governments, and undertake to settle their international disputes by peaceful means in accordance with the principles of the Charter and to refrain, in accordance with those principles, from the threat or use of force in their international relations,
Take note that the Federal Republic of Germany has by a Declaration dated the Third of October, Nineteen hundred and Fifty Four accepted the obligations set forth in Article 2 of the Charter of the United Nations and has undertaken never to have recourse to force to achieve the reunification of Germany or the modification of the present boundaries of the Federal Republic of Germany, and to resolve by peaceful means any disputes which may arise between the Federal Republic and other states:[Page 1354]
- They consider the Government of the Federal Republic as the only German Government freely and legitimately constituted and therefore entitled to speak for Germany as the representative of the German people in international affairs.
- In their relations with the Federal Republic they will follow the principles set out in Article 2 of the United Nations Charter.
- A peace settlement for the whole of Germany, freely negotiated between Germany and her former enemies, which should lay the foundation of a lasting peace, remains an essential aim of their policy. The final determination of the boundaries of Germany must await such a settlement.
- The achievement through peaceful means of a fully free and unified Germany remains a fundamental goal of their policy.
- The security and welfare of Berlin and the maintenance of the position of the Three Powers there are regarded by the Three Powers as essential elements of the peace of the free world in the present international situation. Accordingly they will maintain armed forces within the territory of Berlin as long as their responsibilities require it. They therefore reaffirm that they will treat any attack against Berlin from any quarter as an attack upon their forces and themselves.
- They will regard as a threat to their own peace and safety any recourse to force which in violation of the principles of the United Nations Charter threatens the integrity and unity of the Atlantic alliance or its defensive purposes. In the event of any such action, the three Governments, for their part, will consider the offending government as having forfeited its rights to any guarantee and any military assistance provided for in the North Atlantic Treaty and its protocols. They will act in accordance with Article 4 of the North Atlantic Treaty with a view to taking other measures which may be appropriate.
- They will invite the association of other member States of the North Atlantic Treaty Organisation with this Declaration.
The Conference agreed that representatives of the governments concerned should work out urgently the texts of detailed agreements to give effect to the principles laid down above. These will be submitted where appropriate, to the North Atlantic Council, and to the four Governments directly concerned with the future status of the Federal Republic. The Conference hoped that it would be possible to hold a ministerial meeting of the North Atlantic Council on the Twenty-second of October to decide on the arrangements affecting N.A.T.O. This will be preceded by meetings of the four Foreign Ministers on the question of German sovereignty and of the nine Foreign Ministers.[Page 1355]
These agreements and arrangements constitute a notable contribution to world peace. A Western Europe is now emerging which, resting on the close association of the United Kingdom with the Continent and on the growing friendship between the participating countries, will reinforce the Atlantic community. The system elaborated by the Conference will further the development of European unity and integration.
The following documents are annexed to and form part of the Final Act:—
Draft Declaration and Draft Protocol to the Brussels Treaty.
Full text of statements by Mr. Dulles, Mr. Eden and Mr. Pearson at the Fourth Plenary Meeting on the Twenty-ninth of September.
Conference Paper on “A German Defence contribution and arrangements to apply to SACEUR’s forces on the Continent.”
In witness whereof the Representatives have signed this Final Act.
Done in London this Third day of October, 1954, in a single copy, in English, French and German, all three texts being equally authoritative. The original texts will be deposited with the Government of the United Kingdom of Great Britain and Northern Ireland, which shall transmit certified copies thereof to each Government represented at the Conference.
|For Belgium:||P. H. Spaak|
|For Canada:||L. B. Pearson|
|For the Federal Republic of Germany:||Adenauer|
|For France:||P. Mendès-France|
|For Italy:||G. Martino|
|For Luxembourg:||Jos. Bech|
|For the Netherlands:||J. W. Beyen|
|For the United Kingdom of Great Britain and Northern Ireland:||Anthony Eden|
|For the United States of America:||John Foster Dulles|
The source text is a certified copy of the Final Act which was transmitted to the Department of State in despatch 1933 from London, Jan. 7, 1955. The French and German texts have been omitted.
The Final Act, which was approved at the 14th Plenary meeting of the Nine-Power Conference, was circulated at the Conference as document NPC (54) 59. Earlier drafts of the Final Act are in the Conference files, lot 60 D 627, CF 365.↩
- These agreements and documents will be specified in the final text. [Brackets and footnote in the source text.]↩
- Omission in source text.↩
- Omission in source text.↩
- These agreements and documents will be specified in the final text. [Brackets and footnote in the source text.]↩