v-de- war q in MBA act 1 Mr Chgisl'topher - Diet Faber th the IIK Emb aay pm this with us ye terday in reaponse- t0 yaur t qpeat information on the Ge uian claw re ungiation - Ehber ESked that thespaper be treat d asr a- hitiy ng tfictpd private dapument Sb I denot you shauld qua e_ftam it it even make known tn b hers that we vhave a UK paper on - this 6qu ecu gaming that you mention thisa to George hr Charlie I th milc you 1_ aux ghay get the'aam Inn-J - 7 i eclassiried Authority By 44 42 7 ermaine Scott Date 03 13-2017 DocId 32087412 s i-Wrr 9- - our 2 ace T0 mar-crust ATOHIC car-2 10 21 cs WEAPONS was war or was FEDERAL REPUBLIC Jnnex I to Protocol Lo to the Revised Brussels Treaty begins aS'follows The Federal Chancellor declaresi that the Federal lepealic undertakes not to manufacture in its territory any atomic chemical or biological weapons as detailed in paragraphs 1 2 and 3 of the attached list why this declaration was restricted to manufacture in its territory Prima facie manufacture else where was not ruled out nor was the possibility of acquisition by importation from abroad excluded go a 2 She Protocols to the Brussels Treaty were based on agreements reached at the Eine Power u ld in London 38 September to 3 October i ts er 9 - eciara ion was drawn up by the Working Grbup on the Control of rrmaments Which the Conference set up to formalise the a o the Heads of Delerz-io_soan- ae ed in the Fina Ac owever according to the verbatim records of the Conference s Einth Plenary Session Chancellor Ader aer's statement was as follows - do not like to feel fractious or quarrel i - II I herefore I am prepared to declare on behalf of the Federal Republic that we will voluntarily renounce the manufacture of A and 0 weapons not I on the reasons of strategically expo d zones cut quite voluntarily man Chancellor did not It will be observed that the ture these weapons to the limit his declaration not to manuf tar Story of the Federal epublica Ina u the cnference's ninth Plenary Session and the ffg%t sry Session held on the evening of the same day is possible to pinpoint the occasion when the phrase - in its territory was first used but the Working Group does not seem to have kept records of these discussions and it is 22 'essible to state with confidence_the reaegna which_lead Lqi Nevertheless it'is'possible to give some indication of the probable reasons why it caused no difficulty a the ime gnu ini D- - Bhe strategically exposed zones to which Chancellor Ade uer referred derived from the concept of strategically Eu ex ed areas in the European Defen e Community treaty He war it was found impossible to adopt the same concept at - the ins Power Conference because no other country'wished to her any part of its territory designated as such an area he seller Adenauer's declaration washthus made to get round difficulty by explicitly accepting de facto discrimination Before his declaration was Lads however it was inevitable for negotiations to start from that concept of strategically exposed areas and for the drafters of the declaration to think-in such terms The fact that East Germany had no territories I I I Thirteenth - -O upumlw r factors Imembers - u I - -u 1 to i territories-other thanLthose in Continental Europe and thus strategically the fact that-E ga ngl Qg ggm 't_t idiagnimination_against le -' ederal Republic While reaching agreements acceptable to Parliamentary opinion in other oountries were n03doubt also It_is certain that all_those'partici atin in - c zar- - 1- as - 7 nuc ear weapons tn - and_the subseQuent taken by NATO W 'tdt qua the 1 no West Germaneforce-could be equipped with nuclear weapons acquired fromabroid except by the unanimous Consent of NATO or WEU he arms Tor'forces under FATO command are determined by the NA 0 Annual Review and NATO of course works by the unanimity rule The limits of arms for internal defengb forces are laid down by and cannot be altered except by a unanimous decision of Brussels'Treaty Powers Weapons for forces under national command-must correspo to the size and mission of the ferces oncerned and the suitability and size of such forces are determined by NATO This latter in practice thas meant that the Federal Republic only retains non-combatant units training establishments and the like under national commend Were such forces to be equipped with nuclear weapons a theoretical but obviously remote peasibility RAID would _presumably deoide in such a case that the forces were' ineligible to remain under national command and their armaments would then automatically be subject to the limitations imposed on forces under NATO command All these limitations on manufacture and importation are upervised by the Arms Control Agency which must'be supplied With information on the stocks_of arms held by the three types of forces and which veriries that the information it is given is correct - - -u n n-u u n-u u-n If - o-o-to -u I 1 17 1 - l a 51fig-h - I 7-- - 13-23 jE- Jrf 1 242231 - E he Nine Power Com'erence of course tee giae ems-inst the background of the failure 01 the European-stag Defence Community which hadbeen rejected foythe French-g 2 grim If Parliament in summon of 195% It is clean prem the hi 513$ records that most participants at the Nins mower qorferh found it difficult to dissociate the arms control sneds igosuyfzj 33 31 under Consideration from the arrangements 7 12 1 3 13 0 Ercaty It therefore us'ei nl te conside E6Docl it 611138 in 8mm - - 347 Treaty on sagedjeintrEurep'eanDe'fng-g For supervised-by an executive body yri-th and by_- Cache '11 of - representatives whose general task 'wa s to hermeni e'jth m lit-#533 activities of the Commissioners with flIhQ DOl10it-ia olf semen- v5 egg governments - Articles 105 and 1_07f era-thc'mroaty fly gj w forbade nationelpreduetion important expert of -- militarily signifies war materials whi'chr'gwre- defined-sin If Annex I to the Artie and invested the necessary powers 5 issue permits for_their mdnuifawtmm'i' -import enc -l export These powers were subject Ite certain limitations set out in paragraph er Ta One of these limitations was that the Commissioners camps I not grant- permits in respect of certain weapons listedlin Jamie II to the Article Wigs except by a unanimous decisiongof the 'Geizneil - listed in Annex II were atomic chemical and bielegidfa 333' l' I missiles and elnfluence mines 1111 31 963339-57 the anon minor defeu e unre ne- military air crafts lugmight be surmised thc'et- the mi exposed names was intended cc the Geminilseglgeherg' In did not grant licences to West Germany telmahufaetme oiiI' import these wcapons except-in therunlilgely event unanimous decision on the part of thee thet emb'eiis totem- 21 IT to do soo This was impossible to set eut 111 30 a y since one of the i dndamental principles 0 15 the'i'ileetyn Article 6 was that it would be--nen- discniminatory cam-g ght between membao states However the necessary 93 13ng jig - assurances 'on this joint were provided by enceller it a letter sent 1 the cth'ehn gin ens assessing Jim I reaty was signed In this he made-1t close that $11613 ng Federal Ropub'li accepted Germany gas- stra jg i lh after exposed for the purposesuof -Artiele it not be discriminatory for' the bonnissieners net-_te ise t r permits in respect of Annex II weapons for T i'ts territory mum However he left the door-Open - this undertaking was the euppositiezixthat' German ccntingents tethe would havetfeil pf theit g weapons no cessary to fulfil their tasks de en eren 1 3 l m ope Path Ji-lmAnn-q If 8 3 Inc 1 5 - r Nine Power Conference'- gift Pit the many problems thathhd te'be resolved'htf 4 Nine Bower Conference two are relevant to this issueth' - a I l- the need to replace E D C Jafticle'fl'Q'I Annex II arrangements with prehib'itory - 2 measures Us ii the need to replace Imtie'le b' I arrangements with arms- centre - n3 measures in a' non-supra-nationcilfeenjtext 3323 by Discussions on these the problems- -wre long end- int - but certain clear divergencies or emerged from the discussions- which evehtually detornined 1 the final solutionThe difficulty about NWWB to saiewgn certain national interests w were _hemeelveQ-E 3 333351 f irreconcilable These were - 3 25235 - - Ethe desire or the Federal German Re'pu elic'te - discriminatory provisions 3 531-5 w the desire ofvt-he Federal German Republic that $193 712 legitimate needs of the German military metEar - the desire of all that the 5- Federal German Republic would not manufacture certailur - weapons those- listed' in Annex to etiola- 419 together with a _few additions mg a' raw - tactical aircraft 3 32 15 I - I and I'Ianf- evguu II- il' the desire of' the French to havegeontlete freed n to manufacture all weapons an a if - the desire of the Benelux countries- who were pregame-d to renounce themanufacture'of nucleior --1 mini 3 biological and chemical weapons 2to malte elthext weapons mg tanks which they wished to deny to therE'ij Federal German Republic 3 - 31-22% 3315Mr Anthony Eden as he then was gyexplained 3 House of Commons NinePwer Conference no be envisaged to p'rch-lcms until the Federal Chancellor had-hive 111632235 If L Ni 3 5- undertaking unilaterally- to renounce the _ ija'nurecturmq atomic biological and In fee 53 333 Chancellor Adenauer had to imake tw - - 'c'on -1- These were not to manufacture the other weapons E'c o ltedjz' In 3 13 0 Article 107- amended except-251 3 authorised to do so byze Treaty Members and to accept supervision of hath- mesa v2 9 undertaking-s by the Arms Control h'ency' sceE-parnngeph-B 9 4 - s 3's cr q I H - JW below The-acceptance ot' e fee '0 - ederal Republic enabled satisfactory arre-ngementsEtggeEs ived at 011 'points to Wabevejg 3 -Before Chmc ellor deenauerfs undertakings were $13 emissions had necessarily tof recognise the tenceptgizog - streto icall osecl- areas and to hegptfiato' rpm 1 551 th 1 - concept I won 1ere ature'l t draI ters of bhe' Foc The fact that Germany ha a - those in cont1nental Europe and thus Petr-ate Elly be exposed and the fact that the whole object- 01 Conference was to- limit discrimination while reaching agreements accepta lie to parliaments 336331113 me in the other haunt-r133 were alee'factersi 3 Jis unlikely that anyone par-iti-isigatting in the conferendes ould- - have regarded the text adoptedgee leaving-any 10mm for the-semesteep rmelee asts- weat- efii _G'ermanyol 'I'l Iii 7 i 5 INF Thea-e undertakin3s of course related only_ to the 2%351 of nuclear etc neapons It remai_hs to consider arrangements for controlling the acquisition of them by c Federal Republic by imaorta Lion from ab road - 'g a _E df 1% La Discussions of the' sues tion of theycontrol of milit hy 54 5 x 1pohsn were also somewhat anima ted nee again a number 'cf ir reconcileble national tfi 1nterests had to be met he main problem v es to Substitu _e - the 3 3 C system of the lie-ensing of pr_oducti_on 1 Li- and export of Article 10 Annex I weapons by a supra _ national oody of Commissioners anOLher system -to maintain_ oalance of such weapons bet sen the various West muropeen gigh Llitary forces The control system eventua-lly adopted - ggpg -lated to the stocks of all mil tarily signif'icant weapons in the possession of the national forces whether underI- ch$ i or national command without regard to their origin This control was to be exercised by an Arms Control Agency in the following manner I I 5'31 - 1 1 the NATO forces the ACA would verify iatw the stocks_ held vnere' consistent with the - #if quantities recognised as necessary by NATO in ijI Sp theilnnual Review and that th-ese stocks- were not exteeded ii for internal security forCes the ACA would Verify that the armamr nts limits to be laid down by the-17% E U were not exceeded ' the procedures for 13 establishing theSe limi ts were set out in PrIotocoll- fie of 1111 ecember 1957 and I if I for other forces not under NATO command the-ACA - 13 would verify thatt eapons -were ajnsistent Withg4 1L1i the size and mission 01 the forces concerne d sae 1LH suitability and size of such forces_ were req-ired to be consistent Iwith the c-on lusions of thhe -If a ti Annual Review agreed to by a NATO Resolutio October T95h - In practice this has meant the Federal Republic' 5 forces uhder nationalh a command have been confined to training establishments and -the likp - whichianegr 'ij' equipped a-s such iL'iI - gl ullil I FII I Pres ent Situation I ftanggr 9 - 5t r ill be seen from- tne fore301nb that the sum tothl 11 of tee arrangements agr_eed to at the Nine-- _Power- Conferenc 5_ 'igg- clearly satisfied all the part1c1pantc as ef fectively ruling Tg manufacture' 01 nuclear weapons by the Federal hepublic ans controllin th-eir unilateral acquisition byrr4c n 31351 importation from abro 4 1 sui' iff ni 10 In brief they amount to a situation in which t-he Federal aejublic cannot consistent 1 ith its Treaty oblirations 4p g mninta in armed forces other than those contributed to recognised by NATO as being suitable for retention under % hm national command 3 internal defence forces and training' establishments cannot noes-d certain maxima for theseiferces 5 as a read to by the Brussels Treaty Powers cannot equip'these iorccs with more or better weapons whether- -manufactured Tm f sl Germany or abroad than those acceptable to NATO o r -cahnot of course manui'acture nuclear etc weapons in its territory a at all and cannot manufacture certain categories of shipsI _ -ss issiles bombers s etc except by a deci 10n 115 13% majority of the Brussels Treaty Powers Size of forces - - I - EBEHE - - - ii iv Weapons The Federal Republic in common with other members if Under the E D C Treaty member states could hly recruit and maintain national armed forces the common European Defence Forces Tho-only maaor exception related to armed forces intended form _f yg employment in noanuropean territories'for'Whesey icgv1p defence that member had assumed responsibilitydyi as the Federal Republic had no such'non urqpean - territories this exception_did not mi An unpublished Protocol to the Treatyjlaid down maxima for each country's contribution tq the l gt joint forces in the case of the Federal Republic these were twelve divisions a Tactical Air Force -- of 1 350'aircraft and some light-coastal defence its and escort vessels - 5 n' 12 The Final of the Nine Power Conference declared that when the Federal Republic Joined NLTO fthe size and general characteristics or the German defence contribution would conform to the contribution laid down for E D C However the' Final Act also recognised that in addition to forces under command certain other forCes might exist under national command 7 Under Protocol No II to the Revised Brussels Treaty the forces to be placed-at the disposalrof are are subject to the same maxima as were laid down in the unpublished Protocol to the-E D Caj Treaty These maxima can only be altered'by a unanimous decision of members _In common'- with other members the Federal Republic-could s gsf' maintain internal defence forces at a strength agreed to by Resolution of 22 October 195a required - 51 members to submit details of the national forces stationed on the centinent but not under NLTOE authority to the Hare Council who would decide'on their suitability and sizc these are subject to examination and endorsement in the Annual u Review In practice so far as Germany isi 1 concerned forces under national command are restricted to certain non combatant units'whieh support the German NATO supply and training establishmentsUnder Protocol No to the Revised Treaty the Federal Republic makes its Declaration not to manufacture atomic etc weapons in its - territory and not to manufacture certain categories of ships aircraft and missiles except if agreed to by a two thirds majority of Treaty members 9 also undertakes to accept control of its stocks of all militarily significant weapons to be used for sh its forces -H 5 ii iV obliged to reEort for the forces not under NATO authorityo Under Protocol IV the Federal Republic_in A common with other members of the is required to declare the armaments it possesses and Arms Control Agency these arms are recognise os consistent with the nee Under the some Protocol 1 can take any measures-it deems ulimitetions are exceeded p- total qpantities of_ for its NAEO forces- has to verify that d'as necessary by NITO ds of those-forces l Council 1 113- necessary if t_esef-er- I 1- l 1 1- - I l'iiunder Protocol II and the Protocol of 1h Decem er down for the armaments 1957 limits are laid the Federal German intern se most'be notif Under Protocol IV the Arms Control Agency which_verifiee limits are not exceeded 'Under Protocol IV the Federal Republic is only on the stocks of armaments that these g ol defence forces icd to'th f I i The le armaments must however Correspond te_the sizewend mission of the forces themselves are subjee which_determines their siZe pdl uit bil tYQg-iwv concerned to the NATO Annual Re iqw_ - ' Lin-J11 - 5-1 I gq - r 11 - - - 3 3 anJan I- Tri - 3 if I 1 2 3 1 - 14 3 33- This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu