Documents
relating to the revision and extension
of the Brussels Treaty
DECLARATION INVITING THE FEDERAL REPUBLIC OF GERMANY AND
ITALY TO ACCEDE TO THE BRUSSELS TREATY
The Governments of Belgium, France, Luxembourg, the Netherlands
and the United Kingdom, Parties to the Brussels Treaty of March the
17th, 1948, for collaboration in economic, social and cultural matters
and for legitimate collective self-defence;
Aware that the principles underlying the association created
by the Brussels Treaty are also recognised and applied by the Federal
Republic of Germany and Italy;
Noting with satisfaction that their devotion to peace
and their allegiance to democratic institutions constitute common bonds
between the countries of Western Europe;
Convinced that an association with the Federal Republic
of Germany and Italy would represent a new and substantial advance in
the direction already indicated by the Treaty;
DECIDE,
in application of Article IX of the Treaty, to invite
the Federal Republic of Germany and Italy to accede to this Treaty,
as modified and completed in accordance with the decisions of the Conference
held in London from September the 28th to October the 3rd 1954, which
are recorded in its Final Act.
PROTOCOL 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 to as Protocol
No. II), the Protocol on the Control of Armaments and its Annexes (hereinafter
referred to as Protocol No. Ill), 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 VHI.
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 cooperation 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 twenty-third 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 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
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 twenty-third 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. Ill 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
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 at Paris on the twenty-third 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 (1);
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 (2). 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.
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 ©, 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 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 ©, 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.
© 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.
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 component
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;
© 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.
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 re-appointment. 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;
© 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.
Ill 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 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);
© 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 ill 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.
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;
© the programmes for attaining the total quantities mentioned in
(a) by:
(i) manufacture in its own territory;
(ii) purchase from another country;
(in) 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 connection 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.
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 19 and 22.
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 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 twenty-third 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.
Footnotes: