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Articles IV, V, VI and VII of the Treaty will become respectively Article 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 unaminous 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 Govern

1 See Statute of the Council of Europe; infra, doc. 9.

ment 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.1

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.

Annex to Protocol No. I

LETTERS WITH REFERENCE TO THE JURISDICTION OF THE INTER-
NATIONAL COURT OF JUSTICE FROM, RESPECTIVELY, THE Govern-
MENTS OF THE FEDERAL REPUBLIC AND OF ITALY TO THE OTHER
GOVERNMENTS SIGNATORY OF THE PROTOCOL MODIFYING AND
COMPLETING THE BRUSSELS TREATY 2

I have the honour to make the following communication to Your
Excellency in order to place on record the undertaking of the Federal/
Italian Government regarding the application and interpretation of
Article X (formerly Article VIII), of the Brussels Treaty.

The Federal/Italian Government undertake, before the Protocol modifying and completing the Brussels Treaty and the related Protocols and their Annexes are ratified by the High Contracting Parties, to declare their acceptance of the compulsory jurisdiction of the International Court of Justice in accordance with Article X (formerly Article VIII) of the Treaty, having made known to the Parties the reservations accompanying their acceptance.

The Federal/Italian Government understand that, in the view of the other High Contracting Parties, paragraph 5 of Article X (formerly Article VIII) of the Treaty leaves the way open for concluding agreements on other means of settling disputes between Them, and that the undertaking in question shall in no way prejudice the possibility of opening discussions immediately with a view to establishing other

1 The signatories of the four Protocols to the Brussels Treaty deposited their instruments of ratification in the following order and on the dates indicated: Italy, Apr. 20, 1955; Belgium, Apr. 22, 1955; the Netherlands, May 1, 1955; Luxembourg, May 4, 1955; and France, the Federal Republic of Germany, and the United Kingdom, May 5, 1955. The Federal Republic of Germany deposited its instrument of accession to the North Atlantic Treaty May 6, 1955.

The texts printed below contain the substance of the exchange of letters between the Governments of Italy and the Federal Republic of Germany on the one hand and the Governments of France, Belgium, the Netherlands, Luxembourg, and the United Kingdom on the other.

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methods of settling possible disputes in the application or interpretation of the Treaty.

[In the Federal Government's letter only]

Moreover, in the opinion of the Federal Government, the widening of the Brussels Treaty may give rise to a number of doubts and disputes as to the interpretation and application of the Treaty, the Protocols and their Annexes, which may not be of fundamental importance but mainly of a technical nature. The Federal Government consider that it is desirable to establish another, simpler procedure for the settlement of such matters.

The Federal Government therefore propose that the High Contracting Parties should discuss the problems set out above at once, with a view to reaching agreement on an appropriate procedure. [In letters from both Federal and Italian Governments]

I should be grateful if Your Excellency would confirm that [the Government concerned] agree with this letter. The exchange of letters thus effected will be considered as an Annex to the Protocol modifying and completing the Brussels Treaty, within the meaning of Article IV, paragraph 1, of the said Protocol.

REPLY TO THE LETTERS FROM THE GOVERNMENTS OF THE FEDERAL REPUBLIC AND OF ITALY TO THE OTHER GovernmeNTS SIGNATORY OF THE PROTOCOL MODIFYING AND COMPLETING THE BRUSSELS TREATY

I have the honour to acknowledge receipt of Your Excellency's communication of . . . (date) and to state that [the Government concerned] have noted with satisfaction that the Government of the Federal Republic of Germany/the Italian Government undertake to declare their acceptance of the compulsory jurisdiction of the International Court of Justice in accordance with Article X (formerly Article VIII) of the Brussels Treaty, having made known to the High Contracting Parties the reservations accompanying their acceptance.

I confirm that [the Government concerned] interpret paragraph 5 of Article X (formerly Article VIII) of the Treaty as stated in the third paragraph of Your Excellency's communication.

[In the reply to the Federal Government's letter only]

With regard to the fourth and fifth paragraphs of Your Excellency's communication, [the Government concerned] are in agreement with the proposal of the Federal Government that the High Contracting Parties should discuss at once the question of establishing an appropriate procedure for the settlement of the possible disputes to which the Federal Government draw attention.

[In the reply to both Governments]

They also agree to consider this exchange of letters as an Annex to the Protocol modifying and completing the Brussels Treaty within the meaning of Article IV, paragraph 1 of the said Protocol.

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4. PROTOCOL NO. II ON FORCES OF WESTERN EUROPEAN
1
UNION, OCTOBER 23, 1954 1

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.

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 Estab-
lishment of a European Defence Community signed at Paris,
on 27th May, 1952;2 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

London and Paris Agreements, September-October 1954 (Department of State publication 5659; 1954), pp. 42-44. Entered into force May 6, 1955.

2 For treaty constituting the European Defense Community, see infra, doc. 16. The Special Agreement annexed to the Treaty on the Establishment of a European Defense Community has not been published.

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 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

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