Conference files, lot 60 D 627, CP 392
Protocols to the Brussels Treaty
1
confidential
Paris
, October 22,
1954.
Protocol [No. I]
Modifying and Completing the Brussels
Treaty
His Majesty the King of the Belgians, the President of the French
Republic, President of the French Union, Her Royal Highness the
Grand Duchess of Luxembourg, Her Majesty the Queen of the
Netherlands and Her Majesty the Queen of the United Kingdom of Great
Britain and Northern Ireland and of Her other Realms and
Territories, Head of the Commonwealth, Parties to the Treaty of
Economic, Social and Cultural Collaboration and Collective
Self-Defence, signed at Brussels on March the 17th, 1948,
hereinafter referred to as the Treaty, on the one hand,
and the President of the Federal Republic of Germany and the
President of the Italian Republic on the other hand,
Inspired by a common will to strengthen peace
and security;
Desirous to this end of promoting the unity
and of encouraging the progressive integration of Europe;
Convinced that the accession of the Federal
Republic of Germany and the Italian Republic to the Treaty will
represent a new and substantial advance towards these aims;
Having taken into consideration the decisions
of the London Conference as set out in the Final Act of October the
3rd, 1954 and its Annexes;
Have appointed as their
Plenipotentiaries—————
Who, having exhibited their full powers found in good and due
form,
Have agreed as follows:
Article I
The Federal Republic of Germany and the Italian Republic hereby
accede to the Treaty as modified and completed by the present
Protocol.
The High Contracting Parties to the present Protocol consider the
Protocol on Forces of Western European Union (hereinafter referred
[Page 1442] to as Protocol No.
II), the Protocol on the Control of Armaments and its Annexes
(hereinafter referred to as Protocol No. III), and the Protocol on
the Agency of Western European Union for the Control of Armaments
(hereinafter referred to as Protocol No. IV) to be an integral part
of the present Protocol.
Article II
The sub-paragraph of the Preamble to the Treaty: “to take such steps
as may be held necessary in the event of renewal by Germany of a
policy of aggression” shall be modified to read: “to promote the
unity and to encourage the progressive integration of Europe”.
The opening words of the 2nd paragraph of Article I shall read: “The
co-operation provided for in the preceding paragraph, which will be
effected through the Council referred to in Article VIII …”.
Article III
The following new Article shall be inserted in the Treaty as Article
IV: “In the execution of the Treaty the High Contracting Parties and
any organs established by Them under the Treaty shall work in close
co-operation with the North Atlantic Treaty Organization”.
Recognising the undesirability of duplicating the Military Staffs of
NATO, the Council and its
agency will rely on the appropriate Military Authorities of NATO for information and advice on
military matters.
Articles IV, V, VI and VII of the Treaty will become respectively
Articles V, VI, VII and VIII.
Article IV
Article VIII of the Treaty (formerly Article VII) shall be modified
to read as follows:
- “1. For the purposes of strengthening peace and
security and of promoting unity and of encouraging the
progressive integration of Europe and closer
co-operation between Them and with other European
organizations, the High Contracting Parties to the
Brussels Treaty shall create a Council to consider
matters concerning the execution of this Treaty and of
its Protocols and their Annexes.
- “2. This Council shall be known as the ‘Council of
Western European Union’; it shall be so organized as to
be able to exercise its functions continuously; it shall
set up such subsidiary bodies as may be considered
necessary: in particular it shall establish immediately
an Agency for the Control of Armaments whose functions
are defined in Protocol No. IV.
- “3. At the request of any of the High Contracting
Parties the Council shall be immediately convened in
order to permit Them to consult with regard to any
situation which may constitute a threat to peace, in
whatever area this threat should arise, or a danger to
economic stability.
- “4. The Council shall decide by unanimous vote
questions for which no other voting procedure has been
or may be agreed. In the cases provided for in Protocols
II, III and IV it will follow the various voting
procedures, unanimity, two-thirds majority, simple
majority, laid down therein. It will decide by simple
majority questions submitted to it by the Agency for the
Control of Armaments.”
Article V
A new Article shall be inserted in the Treaty as Article IX: “The
Council of Western European Union shall make an Annual Report on its
activities and in particular concerning the control of armaments to
an Assembly composed of representatives of the Brussels Treaty
Powers to the Consultative Assembly of the Council of Europe.”
The Articles VIII, IX and X of the Treaty shall become respectively
Articles X, XI and XII.
Article VI
The present Protocol and the other Protocols listed in Article I
above shall be ratified and the instruments of ratification shall be
deposited as soon as possible with the Belgian Government.
They shall enter into force when all instruments of ratification of
the present Protocol have been deposited with the Belgian Government
and the instrument of accession of the Federal Republic of Germany
to the North Atlantic Treaty has been deposited with the Government
of the United States of America.
The Belgian Government shall inform the governments of the other High
Contracting Parties and the Government of the United States of
America of the deposit of each instrument of ratification.
In witness whereof the above-mentioned
Plenipotentiaries have signed the present Protocol and have affixed
thereto their seals.
Done at Paris this ————— day of October
1954 in two texts, in the English and French languages, each text
being equally authoritative in a single copy which shall remain
deposited in the archives of the Belgian Government and of which
certified copies shall be transmitted by that Government to each of
the other Signatories.
Protocol No. II on Forces of Western European
Union
His Majesty the King of the Belgians, the President of the French
Republic, President of the French Union, the President of the
Federal Republic of Germany, the President of the Italian Republic,
Her Royal Highness the Grand Duchess of Luxembourg, Her Majesty the
Queen of the Netherlands, and Her Majesty the Queen of the United
Kingdom of Great Britain and Northern Ireland and of Her other [Page 1444] Realms and Territories,
Head of the Commonwealth, Signatories of the Protocol Modifying and
Completing the Brussels Treaty,
Having consulted the North Atlantic
Council,
Have appointed ___________,
Have agreed as follows:
Article 1
- 1.
- The land and air forces which each of the High Contracting
Parties to the present Protocol shall place under the Supreme
Allied Commander Europe in peacetime on the mainland of Europe
shall not exceed in total strength and number of formations:
- (a)
- for Belgium, France, the Federal Republic of Germany,
Italy and the Netherlands, the maxima laid down for
peacetime in the Special Agreement annexed to the Treaty
on the Establishment of a European Defence Community
signed at Paris, on 27th May, 1952; and
- (b)
- for the United Kingdom, four divisions and the Second
Tactical Air Force;
- (c)
- for Luxembourg, one regimental combat team.
- 2.
- The number of formations mentioned in paragraph 1 may be
brought up to date and adapted as necessary to make them
suitable for the North Atlantic Treaty Organization, provided
that the equivalent fighting capacity and total strengths are
not exceeded.
- 3.
- The statement of these maxima does not commit any of the High
Contracting Parties to build up or maintain forces at these
levels, but maintains their right to do so if required.
Article 2
As regards naval forces, the contribution to NATO Commands of each of the High Contracting Parties
to the present Protocol shall be determined each year in the course
of the Annual Review (which takes into account the recommendations
of the NATO military authorities).
The naval forces of the Federal Republic of Germany shall consist of
the vessels and formations necessary for the defensive missions
assigned to it by the North Atlantic Treaty Organization within the
limits laid down in the Special Agreement mentioned in Article 1, or
equivalent fighting capacity.
Article 3
If at any time during the Annual Review recommendations are put
forward, the effect of which would be to increase the level of
forces above the limits specified in Articles 1 and 2, the
acceptance by the country concerned of such recommended increases
shall be subject to the unanimous approval of the High Contracting
Parties to the present [Page 1445]
Protocol expressed either in the Council of Western European Union
or in the North Atlantic Treaty Organization.
Article 4
In order that it may establish that the limits specified in Articles
1 and 2 are being observed, the Council of Western European Union
will regularly receive information acquired as a result of
inspections carried out by the Supreme Allied Commander Europe. Such
information will be transmitted by a high-ranking officer designated
for the purpose by the Supreme Allied Commander Europe.
Article 5
The strength and armaments of the internal defence and police forces
on the mainland of Europe of the High Contracting Parties to the
present Protocol shall be fixed by agreements within the
Organization of Western European Union, having regard to their
proper functions and needs and to their existing levels.
Article 6
Her Majesty the Queen of the United Kingdom of Great Britain and
Northern Ireland will continue to maintain on the mainland of
Europe, including Germany, the effective strength of the United
Kingdom forces which are now assigned to the Supreme Allied
Commander Europe, that is to say four divisions and the Second
Tactical Air Force, or such other forces as the Supreme Allied
Commander Europe regards as having equivalent fighting capacity. She
undertakes not to withdraw these forces against the wishes of the
majority of the High Contracting Parties who should take their
decision in the knowledge of the views of the Supreme Allied
Commander Europe. This undertaking shall not, however, bind her in
the event of an acute overseas emergency. If the maintenance of the
United Kingdom forces on the mainland of Europe throws at any time
too great a strain on the external finances of the United Kingdom,
she will, through Her Government in the United Kingdom of Great
Britain and Northern Ireland, invite the North Atlantic Council to
review the financial conditions on which the United Kingdom
formations are maintained.
In witness whereof, the above-mentioned
Plenipotentiaries have signed the present Protocol, being one of the
Protocols listed in Article I of the Protocol Modifying and
Completing the Treaty, and have affixed thereto their seals.
Done at Paris this ——— day of October, 1954, in two texts, in the
English and French languages, each text being equally authorizative,
in a single copy, which shall remain deposited in the archives of
the Belgian Government and of which certified copies shall be
transmitted by that Government to each of the other Signatories.
[Page 1446]
Protocol No. III on the Control of
Armaments
His Majesty the King of the Belgians, the President of the French
Republic, President of the French Union, the President of the
Federal Republic of Germany, the President of the Italian Republic,
Her Royal Highness the Grand Duchess of Luxembourg, Her Majesty the
Queen of the Netherlands, Her Majesty the Queen of the United
Kingdom of Great Britain and Northern Ireland and of Her other
Realms and Territories, Head of the Commonwealth, Signatories of the
Protocol Modifying and Completing the Brussels Treaty,
Have appointed ———.
Have agreed as follows:
part i—armaments not to be manufactured
Article 1
The High Contracting Parties, members of Western European Union, take
note of and record their agreement with the Declaration of the
Chancellor of the Federal Republic of Germany (made in London on 3rd
October, 1954, and annexed hereto as Annex I) in which the Federal
Republic of Germany undertook not to manufacture in its territory
atomic, biological and chemical weapons. The types of armaments
referred to in this Article are defined in Annex II. These armaments
shall be more closely defined and the definitions brought up to date
by the Council of Western European Union.
Article 2
The High Contracting Parties, members of Western European Union, also
take note of and record their agreement with the undertaking given
by the Chancellor of the Federal Republic of Germany in the same
Declaration that certain further types of armaments will not be
manufactured in the territory of the Federal Republic of Germany,
except that if in accordance with the needs of the armed forces a
recommendation for an amendment to, or cancellation of, the content
of the list of these armaments is made by the competent Supreme
Commander of the North Atlantic Treaty Organization, and if the
Government of the Federal Republic of Germany submits a request
accordingly, such an amendment or cancellation may be made by a
resolution of the Council of Western European Union passed by a
two-thirds majority. The types of armaments referred to in this
Article are listed in Annex III.
part ii—armaments to be controlled
Article 3
When the development of atomic, biological and chemical weapons in
the territory on the mainland of Europe of the High Contracting [Page 1447] Parties who have not
given up the right to produce them has passed the experimental stage
and effective production of them has started there, the level of
stocks that the High Contracting Parties concerned will be allowed
to hold on the mainland of Europe shall be decided by a majority
vote of the Council of Western European Union.
Article 4
Without prejudice to the foregoing Articles, the types of armaments
listed in Annex IV will be controlled to the extent and in the
manner laid down in Protocol No. IV.
Article 5
The Council of Western European Union may vary the list in Annex IV
by unanimous decision.
In witness whereof, the above-mentioned
Plenipotentiaries have signed the present Protocol, being one of the
Protocols listed in Article I of the Protocol Modifying and
Completing the Treaty, and have affixed thereto their seals.
Done in Paris on the ——— day of October
1954, in two texts, in the English and French languages, each text
being equally authoritative, in a single copy, which shall remain
deposited in the archives of the Belgian Government and of which
certified copies shall be transmitted by that Government to each of
the other signatories.
Annex I
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 the North Atlantic
Treaty Organization;
that the Federal Republic agrees to supervision by the competent
authority of the Brussels Treaty Organization to ensure that
these undertakings are observed.
[Page 1448]
Annex II
This list comprises the weapons defined in paragraphs I to III
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.
I. Atomic Weapons
- (a)
- 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.
- (b)
- 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.
- (c)
- Nuclear fuel as used in the preceding definition includes
plutonium, Uranium 233, Uranium 235 (including Uranium 235
contained in Uranium enriched to over 2.1 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 shall be considered to be nuclear
fuel regardless of the chemical or physical form in which
they exist.
II. Chemical Weapons
- (a)
- 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 catalysing properties
of any chemical substance.
- (b)
- 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.
- (c)
- Such 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.
III. Biological Weapons
- (a)
- A biological weapon is defined as any equipment or
apparatus [Page 1449]
expressly designed to use, for military purposes, harmful
insects or other living or dead organisms, or their toxic
products.
- (b)
- Subject to the provisions of paragraph (c), insects, organisms and their toxic products of
such nature and in such amounts as to make them capable of
being used in the equipment or apparatus referred to in (a) shall be deemed to be included in
this definition.
- (c)
- 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.
Annex III
This list comprises the weapons defined in paragraphs IV 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.
IV. Long-range Missiles,
Guided Missiles and Influence Mines
- (a)
- Subject to the provisions of paragraph (d), long-range missiles and guided missiles are
defined as missiles such that the speed or direction of
motion can be influenced after the instant of launching 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 a
mechanism which may influence the speed.
- (b)
- 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.
- (c)
- 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 this definition.
- (d)
- Proximity fuses, and short-range guided missiles for
anti-aircraft defence with the following maximum
characteristics are regarded as excluded from this
definition:
- Length, 2 metres;
- Diameter, 30 centimetres;
- Speed, 660 metres per second;
- Ground range, 32 kilometres;
- Weight of war-head, 22.5 kilogrammes.
[Page 1450]
V. Warships, with the
exception of smaller ships for defence purposes
“Warships, with the exception of smaller ships for defence
purposes are:
- (a)
- Warships of more than 3, 000 tons
displacement;
- (b)
- Submarines of more than 350 tons
displacement;
- (c)
- 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
Annex IV
List of Types of Armaments to be
Controlled
- 1.
-
(a) Atomic
(b) biological, and
(c) chemical weapons.
In accordance with definitions to be approved by the
Council of Western European Union as indicated in
Article I of the present Protocol.
- 2.
- All guns, howitzers and mortars of any types and of any
roles of more than 90 mm. calibre including the following
components for these weapons, viz., the elevating
mass.
- 3.
-
All guided missiles.
Definition: Guided missiles are
such that the speed or direction or motion can be
influenced after the instant of launching by a device or
mechanism inside or outside the missile; these include
V-type weapons developed in the recent war and
modifications thereto. Combustion is considered as a
mechanism which may influence the speed.
- 4.
- Other self-propelled missiles of a weight exceeding 15
kilogrammes in working order.
- 5.
- Mines of all types except anti-tank and anti-personnel
mines.
- 6.
- Tanks, including the following component parts for these
tanks, viz:
- (a)
- the elevating mass;
- (b)
- turret castings and/or plate assembly.
- 7.
- Other armoured fighting vehicles of an overall weight of
more than 10 metric tons.
- 8.
-
(a) Warships over 1, 500 tons
displacement;
(b) submarines;
(c) all warships powered by means
other than steam, diesel or petrol engines or gas
turbines;
(d) small craft capable of a speed
of over 30 knots, equipped with offensive armament.
- 9.
- Aircraft bombs of more than 1, 000 kilogrammes.
- 10.
- Ammunition for the weapons described in paragraph 2
above.
- 11.
-
(a) Complete military aircraft
other than:
- (i)
- all training aircraft except operational types
used for training purposes;
- (ii)
- military transport and communication
aircraft;
- (iii)
- helicopters;
(b) air frames, specifically and
exclusively designed for military aircraft except those
at (i), (ii) and (iii) above;
(c) jet engines, turbo-propeller
engines and rocket motors, when these are the principal
motive power.
Protocol No. IV on the Agency of Western
European Union for the Control of Armaments
His Majesty the King of the Belgians, the President of the French
Republic, President of the French Union, the President of the
Federal Republic of Germany, the President of the Italian
Republic, Her Royal Highness the Grand Duchess of Luxembourg,
Her Majesty the Queen of the Netherlands, Her Majesty the Queen
of the United Kingdom of Great Britain and Northern Ireland and
of Her other Realms and Territories, Head of the Commonwealth,
Signatories of the Protocol Modifying and Completing the
Brussels Treaty,
Having agreed in accordance with Article
IV of the Protocol Modifying and Completing the Treaty, to
establish an Agency for the Control of Armaments,
Have appointed —————,
Have agreed as follows:
part i—constitution
Article 1
The Agency for the Control of Armaments (hereinafter referred to
as “the Agency”) shall be responsible to the Council of Western
European Union (hereinafter referred to as “the Council”). It
shall consist of a Director assisted by a Deputy Director, and
supported by a staff drawn equitably from nationals of the High
Contracting Parties, Members of Western European Union.
Article 2
The Director and his staff, including any officials who may be
put at the disposal of the Agency by States Members, shall be
subject to the general administrative control of the Secretary
General of Western European Union.
[Page 1452]
Article 3
The Director shall be appointed by unanimous decision of the
Council for a period of five years and shall not be eligible for
reappointment. He shall be responsible for the selection of his
staff in accordance with the principle mentioned in Article 1
and in consultation with the individual States Members
concerned. Before filling the posts of Deputy Director and of
the Heads of Departments of the Agency, the Director shall
obtain from the Council approval of the persons to be
appointed.
Article 4
- 1.
- The Director shall submit to the Council, through the
Secretary General, a plan for the organization of the
Agency. The organization should provide for departments
dealing respectively with:
- (a)
- the examination of statistical and budgetary
information to be obtained from the members of
Western European Union and from the appropriate
NATO
authorities;
- (b)
- inspections, test checks and visits;
- (c)
- administration.
- 2.
- The organization may be modified by decision of the
Council.
Article 5
The costs of maintaining the Agency shall appear in the budget of
Western European Union. The Director shall submit, through the
Secretary General, to the Council an annual estimate of these
costs.
Article 6
Officials of the Agency shall be bound by the full NATO code of security. They shall
in no circumstances reveal information obtained in connexion
with the execution of their official tasks except and only in
the performance of their duties towards the Agency.
part ii—functions
Article 7
- 1.
- The tasks of the Agency shall be:
- (a)
- to satisfy itself that the undertakings set out in
Protocol No. III not to manufacture certain types of
armaments mentioned in Annexes II and III to that
Protocol are being observed;
- (b)
- to control, in accordance with Part III of the
present Protocol, the level of stocks of armaments
of the types mentioned in Annex IV to Protocol No.
Ill held by each member of Western European Union on
the mainland of Europe. This control shall extend to
production [Page 1453] and imports to the extent required to make the
control of stocks effective.
- 2.
- For the purposes mentioned in paragraph 1 of this Article,
the Agency shall:
- (a)
- scrutinise statistical and budgetary information
supplied by members of Western European Union and by
the NATO
authorities;
- (b)
- undertake on the mainland of Europe test checks,
visits and inspections at production plants, depots
and forces (other than depots or forces under NATO authority);
- (c)
- report to the Council.
Article 8
With respect to forces and depots under NATO authority, test checks, visits and inspections
shall be undertaken by the appropriate authorities of the North
Atlantic Treaty Organization. In the case of the forces and
depots under the Supreme Allied Commander Europe, the Agency
shall receive notification of the information supplied to the
Council through the medium of the high-ranking officer to be
designated by him.
Article 9
The operations of the Agency shall be confined to the mainland of
Europe.
Article 10
The Agency shall direct its attention to the production of
end-items and components listed in Annexes II, III and IV of
Protocol No. Ill, and not to processes. It shall ensure that
materials and products destined for civilian use are excluded
from its operations.
Article 11
Inspections by the Agency shall not be of a routine character,
but shall be in the nature of tests carried out at irregular
intervals. Such inspections shall be conducted in a spirit of
harmony and co-operation. The Director shall propose to the
Council detailed regulations for the conduct of the inspections
providing, inter alia, for due process of
law in respect of private interests.
Article 12
For their test checks, visits and inspections the members of the
Agency shall be accorded free access on demand to plants and
depots, and the relevant accounts and documents shall be made
available to them. The Agency and national authorities shall
co-operate in such checks and inspections, and in particular
national authorities may, at their own request, take part in
them.
[Page 1454]
part iii—levels of stocks of armaments
Article 13
- 1.
- Each member of Western European Union shall, in respect of
its forces under NATO
authority stationed on the mainland of Europe, furnish
annually to the Agency statements of:
- (a)
- the total quantities of armaments of the types
mentioned in Annex IV to Protocol No. Ill required
in relation to its forces;
- (b)
- the quantities of such armaments currently held at
the beginning of the control years;
- (c)
- the programmes for attaining the total quantities
mentioned in (a) by:
- (i)
- manufacture in its own territory;
- (ii)
- purchase from another country;
- (iii)
- end-item aid from another country.
- 2.
- Such statements shall also be furnished by each member of
Western European Union in respect of its internal defence
and police forces and its other forces under national
control stationed on the mainland of Europe including a
statement of stocks held there for its forces stationed
overseas.
- 3.
- The statements shall be correlated with the relevant
submissions to the North Atlantic Treaty
Organization.
Article 14
As regards the forces under NATO
authority, the Agency shall verify in consultation with the
appropriate NATO authorities
that the total quantities stated under Article 13 are consistent
with the quantities recognised as required by the units of the
members concerned under NATO
authority, and with the conclusions and data recorded in the
documents approved by the North Atlantic Council in connexion
with the NATO Annual
Review.
Article 15
As regards internal defence and police forces, the total
quantities of their armaments to be accepted as appropriate by
the Agency shall be those notified by the members, provided that
they remain within the limits laid down in the further
agreements to be concluded by the members of Western European
Union on the strength and armaments of the internal defence and
police forces on the mainland of Europe.
Article 16
As regards other forces remaining under national control, the
total quantities of their armaments to be accepted as
appropriate by the Agency shall be those notified to the Agency
by the members.
[Page 1455]
Article 17
The figures furnished by members for the total quantities of
armaments under Articles 15 and 16 shall correspond to the size
and mission of the forces concerned.
Article 18
The provisions of Articles 14 and 17 shall not apply to the High
Contracting Parties and to the categories of weapons covered in
Article 3 of Protocol No. III. Stocks of the weapons in question
shall be determined in conformity with the procedure laid down
in that Article and shall be notified to the Agency by the
Council of the Western European Union.
Article 19
The figures obtained by the Agency under Articles 14, 15, 16 and
18 shall be reported to the Council as appropriate levels for
the current control year for the members of Western European
Union. Any discrepancies between the figures stated under
Article 13, paragraph 1, and the quantities recognised under
Article 14 will also be reported.
Article 20
- 1.
- The Agency shall immediately report to the Council if
inspection, or information from other sources, reveals:
- (a)
- the manufacture of armaments of a type which the
member concerned has undertaken not to
manufacture;
- (b)
- the existence of stocks of armaments in excess of
the figures and quantities ascertained in accordance
with Articles 18 and 21.2
- 2.
- If the Council is satisfied that the infraction reported
by the Agency is not of major importance and can be remedied
by prompt local action, it will so inform the Agency and the
member concerned, who will take the necessary steps.
- 3.
- In the case of other infractions, the Council will invite
the member concerned to provide the necessary explanation
within a period to be determined by the Council; if this
explanation is considered unsatisfactory, the Council will
take the measures which it deems necessary in accordance
with a procedure to be determined.
- 4.
- Decisions of the Council under this Article will be taken
by majority vote.
Article 21
Each member shall notify to the Agency the names and locations of
the depots on the mainland of Europe containing armaments [Page 1456] subject to control
and of the plants on the mainland of Europe manufacturing such
armaments, or, even though not in operation, specifically
intended for the manufacture of such armaments.
Article 22
Each member of Western European Union shall keep the Agency
informed of the quantities of armaments of the types mentioned
in Annex IV to Protocol No. Ill, which are to be exported from
its territory on the mainland of Europe. The Agency shall be
entitled to satisfy itself that the armaments concerned are in
fact exported. If the level of stocks of any item subject to
control appears abnormal, the Agency shall further be entitled
to enquire into the orders for export.
Article 23
The Council shall transmit to the Agency information received
from the Governments of the United States of America and Canada
respecting military aid to be furnished to the forces on the
mainland of Europe of members of Western European Union.
In witness whereof, the above-mentioned
Plenipotentiaries have signed the present Protocol, being one of
the Protocols listed in Article I of the Protocol Modifying and
Completing the Treaty, and have affixed thereto their seals.
Done at Paris this ———— day of October
1954, in two texts, in the English and French languages, each
text being equally authoritative, in a single copy, which shall
remain deposited in the archives of the Belgian Government and
of which certified copies shall be transmitted by that
Government to each of the other Signatories.
