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The three Ministers have given serious consideration to the problem of the security of the Federal Republic in both its external and its internal aspects. They recognize the fact that outright military units have been created in the Soviet zone of occupation and this fact together with recent events in Germany and elsewhere have given rise to a situation of great concern.

The Allied Governments consider that their forces in Germany have in addition to their occupation duties also the important role of acting as security forces for the protection and defense of the free world, including the German Federal Republic and the Western sectors of Berlin. To make this protection more effective the Allied Governments will increase and reinforce their forces in Germany. They will treat any attack against the Federal Republic of Berlin from any quarter as an attack upon themselves.

The Ministers are fully agreed that the re-creation of a German national army would not serve the best interests of Germany or Europe. They also believe that this is the view of the great majority of the German people.

The Ministers have taken note however of sentiments recently expressed in Germany and elsewhere in favor of German participation in an integrated force for the defense of European freedom. The questions raised by the problem of the participation of the German Federal Republic in the common defense of Europe are at present the subject of study and exchange of views.

As regards internal security, the Foreign Ministers recognize the necessity for insuring that the German authorities are enabled effectively to deal with possible subversive activities. To this end, the Foreign Ministers have agreed to permit the establishment of mobile police formations organized on a land basis but with provisions which would enable the Federal Government to have adequate powers to make effective use of all or part of this force in order fully to meet the exigencies of the present situation. The High Commission and the Allied Forces in Germany will render such assistance as may be feasible in the rapid establishment of this force.

NEW PHASE IN RELATIONS WITH GERMANY

The new phase in the relations between the Allies and the Federal Republic will be marked by major extensions of the authority of the Federal Government. To make this possible, the occupying powers are prepared to amend the Occupation Statute while maintaining the legal basis of the occupation, and the Federal Republic will be expected to undertake certain commitments and other actions consonant with its new responsibilities.

In the field of foreign affairs, the Federal Government will be authorized to establish a Ministry of Foreign Affairs and to enter into diplomatic relations with foreign countries in all suitable cases. In other fields, and particularly in relation to internal economic matters, farreaching reductions will be made in existing controls, and the present system of review of German legislation will be modified. In certain cases, the Allied powers will cease as soon as the Federal Government has given undertakings or taken suitable action. The High Commission will promptly begin discussions with the Federal Government to work out the necessary agreements for such undertakings.

The Foreign Ministers have also agreed that a review of the prohibited and limited industries agreement shall be undertaken in the light of the developing relationships with the Federal Republic Pending this review the High Commission has been instructed to remove forthwith all restrictions on the size, speed, and number of commercial cargo ships built for export and to allow steel to be produced outside the present limitation where this will facilitate the defense effort of the west.

TRIBUTE TO PEOPLE OF BERLIN

The three Governments pay tribute to the continued steadfastness of the people of Berlin in the valiant struggle of the city to preserve its freedom. They will continue to oppose aggression in any form against the people of the city, and are taking steps to strengthen Allied forces there. In view of the heavy price Berlin has had to pay to defend its freedom, the Governments will continue their efforts to alleviate its economic situation. They have directed the High Com mission to review the statement of principles governing the relationship between the Allied Kommandatura and Berlin, and to liberalize Allied controls in the city to the maximum extent practicable.

These decisions mark an important stage in the normalization of the relations and should contribute toward the creation of an atmosphere of mutual confidence and understanding. They represent a major advance toward the progressive return of Germany to partnership in Western Europe and the consolidation of the Western nations in their efforts to establish a firm basis for the future peace of Europe and the world.

121. PROTOCOLS RELATING TO THE BRUSSELS TREATY, PARIS, OCTOBER 23, 1954 1

PROTOCOL NO. I MODIFYING AND COMPLETING THE BRUSSELS TREATY, PARIS, OCTOBER 23, 1954

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 SelfDefence, 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;

IU. S. Congress. Senate. Executives L and M, 83d Congress, 2d session, pp. 63–80.

1

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:---

[Here follows a list of the 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 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 Organisation.

"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 organisations, 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 organised 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 23rd 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.

[Signatures omitted.]

PROTOCOL NO. II ON FORCES OF WESTERN EUROPEAN UNION, PARIS, OCTOBER 23, 1954

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 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 as their Plenipotentiaries:-
[Here follows a list of the plenipotentiaries.]
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 peace-time 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 peace-time in the Special Agreement annexed to the Treaty on the Establishment of a European Defence Community signed at Paris, on May 27, 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 Organisation, 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 N. A. T. O. 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 N. A. T. O. 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 Organisation within the limits laid down in the Special Agreement mentioned in Article I, 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

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