網頁圖片
PDF
ePub 版

ARTICLE 14

The present Treaty will be ratified by the Contracting Parties in conformity with their respective constitutional regulations. It will come into force on the day on which the last ratification instruments have been deposited.

The Treaty has been enacted in French in three identical copies, one of which has been presented to each of the Contracting Parties, in conformity with which the Plenipotentiaries of the Contracting Parties have placed their signatures to it.

135. DECLARATION BY THE GERMAN FEDERAL GOVERNMENT AND JOINT DECLARATION BY THE GOVERNMENTS OF FRANCE, UNITED KINGDOM, AND UNITED STATES OF AMERICA, LONDON, OCTOBER 3, 19541

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 GERMAN FEDERAL REPUBLIC

The German Federal Republic 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 German Federal Republic declares that she will refrain from any action inconsistent with the strictly defensive character of the two treaties. In particular the German Federal Republic undertakes never to have recourse to force to achieve the reunification of Germany or the modification of the present boundaries of the German Federal Republic, 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.

(i) to settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered;

(ii) 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:

(iii) to give the United Nations every assistance in any action it takes in accordance with the Charter, and to refrain from giving C. S. Congress. Senate. Executives L and M, 83d Congress, 2d session, November 15, 1954, p. 46.

assistance to any State against which the United Nations take preventive or enforcement action;

(iv) 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 German Federal Republic has by a Declaration dated October 3rd 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 German Federal Republic, and to resolve by peaceful means any disputes which may arise between the Federal Republic and other states:

DECLARE THAT

1. 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.

2. In their relations with the Federal Republic they will follow the principles set out in Article 2 of the United Nations Charter.

3. 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.

4. The achievement through peaceful means of a fully free and unified Germany remains a fundamental goal of their policy.

5. 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.

6. 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.

7. They will invite the association of other member States of the North Atlantic Treaty Organisation with this Declaration.

*

136. NORTH ATLANTIC COUNCIL RESOLUTION OF ASSOCIATION WITH THE TRIPARTITE DECLARATION OF OCTOBER 3 1954; OCTOBER 22, 1954 1

THE NORTH ATLANTIC COUNCIL,

Welcoming the declaration made in London by the Government of the Federal Republic of Germany on 3rd October, 1954, and the related declaration made on the same occasion by the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the French Republic,

Notes With Satisfaction that the representatives of the other Parties to the North Atlantic Treaty have, on behalf of their Governments, today associated themselves with the aforesaid declaration of the Three Powers.

137. PROTOCOL TO THE NORTH ATLANTIC TREATY ON THE ACCESSION OF THE FEDERAL REPUBLIC OF GERMANY, NOVEMBER 2, 1954 * The Parties to the North Atlantic Treaty signed at Washington on 4th April, 1949,

Being satisfied that the security of the North Atlantic area will be enhanced by the accession of the Federal Republic of Germany to that Treaty, and

Having noted that the Federal Republic of Germany has by a declaration dated 3rd October, 1954, accepted the obligations set forth in Article 2 of the Charter of the United Nations and has undertaken upon its accession to the North Atlantic Treaty to refrain from any action inconsistent with the strictly defensive character of that Treaty, and

Having further noted that all member governments have associated themselves with the declaration also made on 3rd October, 1954, by the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the French Republic in connection with the aforesaid declaration of the Federal Republic of Germany,

Agree as follows:

ARTICLE I

Upon the entry into force of the present Protocol, the Government of the United States of America shall on behalf of all the Parties communicate to the Government of the Federal Republic of Germany an invitation to accede to the North Atlantic Treaty. Thereafter the Federal Republic of Germany shall become a Party to that Treaty on the date when it deposits its instruments of accession with the Government of the United States of America in accordance with Article 10 of that Treaty.

U. S. Congress, Senate, Executive L and M, 83d Cong., 2d sess., November 15, 1954, p. 60.
U. 8. Congress. Senate. Executives L and M, 83d Congress, 2d session, p. 37.

ARTICLE II

The present Protocol shall enter into force, when (a) each of the Parties to the North Atlantic Treaty has notified to the Government of the United States of America its acceptance thereof, (b) all instruments of ratification of the Protocol Modifying and Completing the Brussels Treaty have been deposited with the Belgian Government, and (c) all instruments of ratification or approval of the Convention on the Presence of Foreign Forces in the Federal Republic of Germany have been deposited with the Government of the Federal Republic of Germany. The Government of the United States of America shall inform the other Parties to the North Atlantic Treaty of the date of the receipt of each notification of acceptance of the present Protocol and of the date of the entry into force of the present Protocol.

ARTICLE III

The present Protocol, of which the English and French texts are equally authentic, shall be deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other Parties to the North Atlantic Treaty.

IN WITNESS WHEREOF, the undersigned Representatives, duly authorised thereto by their respective Governments, have signed the present Protocol.

Signed at Paris the twenty-third day of October nineteen hundred and fifty-four.

[Signatory nations: Belgium, Canada, Denmark, France, Greece, Iceland, Italy, The Grand-Duchy of Luxemburg, Netherlands, Norway, Portugal, Turkey, United Kingdom of Great Britain and Northern-Ireland, United States of America.]

138. DRAFT AGREEMENT BETWEEN THE PARTIES TO THE NORTH ATLANTIC TREATY FOR COOPERATION REGARDING ATOMIC INFORMATION, APPROVED BY NORTH ATLANTIC COUNCIL, MARCH 2, 1955 1

PREAMBLE

The Parties to the North Atlantic Treaty, signed at Washington on 4th April, 1949,

Recognising that their mutual security and defence requires that they be prepared to meet the contingencies of atomic warfare, and Recognising that their common interests will be advanced by making available to the North Atlantic Treaty Organization information pertinent thereto, and

Taking into consideration the United States Atomic Energy Act of 1954, which was prepared with these purposes in mind,

Acting on their own behalf and on behalf of the North Atlantic Treaty Organization,

Agree as follows:

1 Department of State Bulletin, April 25, 1955.

ARTICLE I

1. While the North Atlantic Treaty Organization continues to make substantial and material contributions to the common defence efforts, the United States will from time to time make available to the North Atlantic Treaty Organization, including its civil and military agencies and commands, atomic information which the Government of the United States of America deems necessary to:

(a) the development of defence plans;

(b) the training of personnel in the employment of and defence against atomic weapons; and

(c) the evaluation of the capabilities of potential enemies in the employment of atomic weapons.

2. As used in this Agreement so far as concerns information provided by the United States, "atomic information" means Restricted Data, as defined in Section 11 r of the United States Atomic Energy Act of 1954, which is permitted to be communicated pursuant to the provisions of Section 144 b of that Act, and information relating primarily to the military utilisation of atomic weapons which has been removed from the Restricted Data category in accordance with the provisions of Section 142 d of the United States Atomic Energy Act of 1954.

3. All transfers by the Government of the United States of America of atomic information will be made in compliance with the provisions of the United States Atomic Energy Act of 1954, and subsequent applicable United States legislation. Under this Agreement there will be no transfers of atomic weapons or special nuclear material, as these terms are defined in Section 11 d and Section 11 t of the United States Atomic Energy Act of 1954. (The sections of the United States Atomic Energy Act of 1954 referred to in paragraphs 2 and 3 of this Article are attached.)

ARTICLE II

1. Atomic information which is transferred to the North Atlantic Treaty Organization will be made available through the channels now existing for providing classified military information to the North Atlantic Treaty Organization.

2. Only those persons within the North Atlantic Treaty Organization whose duties require access to atomic information may be the original recipients of such information. Atomic information will be authorised for dissemination within the North Atlantic Treaty Organization only to persons whose North Atlantic Treaty Organization responsibilities require them to have access to such information. Information will not be transferred by the North Atlantic Treaty Organization to unauthorised persons or beyond the jurisdiction of that Organization. The Government of the United States of America may stipulate the degree to which any of the categories of information made available by it may be disseminated, may specify the categories of persons who may have access to such information, and may impose such other restrictions on the dissemination of information as it deems necessary.

ARTICLE III

1. Atomic information will be accorded full security protection under applicable North Atlantic Treaty Organization regulations and

« 上一頁繼續 »