Foreign Relations of the United States, 1952–1954, Western European Security, Volume V, Part 1

396.1 LO/2–1852

Report Presented to Secretary of State Acheson, Foreign Secretary Eden, and Foreign Minister Schuman ¹

secret
MOG/3 Final

[ London ,] 16th February 1952.

Security Controls

The Official Group² considered two different approaches to this problem.

The United States delegation circulated the attached memorandum (Appendix A) based on a concept that controls would essentially be exercised within the framework of the European Defence Community and any action by the European Defence Community to prevent the manufacture of specified armaments in the territory of the Federal Republic would be accepted by the Federal Government as non-discriminatory.

The French and United Kingdom delegations were in favour of a declaration by the Federal Government undertaking not to make specified items, including civil aircraft.

The French delegation emphasized that no provision of the Treaty establishing the European Defence Community permitted the prohibition in Germany of certain types of armaments. Nor could this be covered by a new clause in the Treaty to the effect that the European Defence Commissioners must take into account geographic and strategic factors, because of the difficulty of interpreting a provision so generally worded. It was therefore necessary for arrangements to be made outside the framework of the Treaty. These must have the character of an international undertaking which would be binding on the Federal Republic and of which the European Defence Community would have to take account. The French delegation therefore thought it necessary that the declaration made by the Federal Government, and the acknowledgements by the various Governments, should be treated as an exchange of letters and submitted to the Bundestag at the same time as the contractual agreements and the Treaty creating the European Defence Community.

The United Kingdom delegation had difficulty in accepting the approach in the United States draft memorandum as it did not cover civil aircraft. Moreover, the French delegation had explained that, although the European Defence Community draft treaty at present covered naval vessels, it was by no means sure that the relevant clause would be maintained, as naval craft in general were outside the competence of the European Defence Community.

The United States Delegation felt that a declaration of the type contained in the United States draft would be easier for the Federal Government to accept. They considered that if agreement could be reached to drop civil aircraft from the list of items, it would be desirable to take the position that the clause in the European Defence Community Treaty covering naval vessels should by all means be maintained and that a provision should be added to the European Defence Community Treaty enabling the European Defence Commissioners to take geographical and strategic factors into account in their allocations of military production.

A second draft declaration agreed by the French and United Kingdom delegation, except for two disagreed passages shown in brackets is attached (Appendix B). Subject to a decision on the question of the general approach, this draft memorandum would also be acceptable to the United States delegation except for two brackets indicated in the text.

An agreed draft note from the three Governments taking formal note of the proposed declaration by the Federal Government is also attached (Appendix C³).

Appendix A

16th February.

United States Draft

Draft Declaration to be Made by the German Federal Government at the Time of Signature of the Contractual Agreements

On the occasion of the abolition of Allied controls on German industry and of the dissolution of the Military Security Board, as a result of which there will be no further restrictions on German industrial activity, the German Federal Government wishes to make clear the strictly pacific nature of the contribution which it is preparing to make to Western Defence.

The Treaty establishing the European Defence Community contains provision for the allocation by the European Defence Commission of production of armaments. The Federal Government has, by its signature of the Treaty, subscribed to this arrangement and intends most loyally to abide by the allocation so made.

It is the desire and intention of the Federal Republic not to build a military machine, nor to create forces which are in fact military or para-military, nor to develop its economic capacity for military production, other than or beyond what is necessary to provide for its agreed contribution to defence through the European Defence Community. Accordingly, not only by reason of the foregoing intention, but also for strategic and tactical considerations, the Federal Government will not regard as discriminatory any decision by the European Defence Commission not to allocate for production in Germany weapons and instruments of warfare, and more especially those in the fields of:

atomic, biological and chemical weapons;

long range and guided missiles;

military (and civil)^* aircraft;

naval vessels other than minor defensive craft;

(gun barrels of more than 105 mm, and propellents)^†

It will be the policy of the Federal Government to take such steps under Article 26 of the Basic Law as may be necessary to ensure observance in the Federal Republic of such decisions.

The Federal Government will, further, maintain controls in the field of atomic energy and adopt such measures as may be necessary to provide effective security checks on persons engaged in research activities in this field.

With regard to research in the fields of these types of weapons, the Federal Government is likewise prepared, and for the same reasons, to prevent such research except as it may be requested by the European Defence Community. This does not apply, of course, to scientific research directed towards medical, industrial and other non-military developments in pure and practical science.

Appendix B

16th February.

Draft Declaration to be Made by German Government at Time of Signature of Contractual Agreement

On the occasion of the abolition of Allied controls on German industry, as a result of which there will be no further restrictions on German industrial activity, and of the dissolution of the Military Security Board, the Federal German Government, in order to demonstrate the strictly pacific character of the Federal Republic’s contribution to Western Defence and as a gesture of goodwill, declares as follows.

It is the desire and intention of the Federal Republic not to build a military machine or to develop its economic capacity for military production beyond its agreed contribution to the European Defence Community. Acting in accordance with its powers under Article 26(2) of the Basic Law, the Federal Government will not permit the production on Federal territory of the materials listed below, and will take all suitable steps to forbid scientific research devoted to the development of models and the construction of equipment specifically designed for the production of the materials in question, [except as may be requested by the European Defence Commissioners in the interests of Western Defence (United States/United Kingdom)]:⁴—

atomic, biological and chemical weapons;

long range and guided missiles;

aircraft [including civil aircraft (France/United Kingdom)];

naval vessels other than minor defensive craft;

[propellents and gun barrels of more than 105 mm (France)]

It should be understood that there will be no limitation on scientific research directed towards medical, industrial or other non-military developments in pure and applied science. The Federal Government will, however, maintain controls in the field of atomic energy and adopt such measures as may be necessary to provide effective security checks on the persons engaged in research activities in this field.

Further to demonstrate its pacific intentions, the Federal Government declares that it will not allow the creation of forces which are in fact military or paramilitary beyond or other than those which constitute its agreed contribution to the European Defence Community. [With these ends in view, the numbers, cadres and equipment of all police forces in the Federal Republic will be limited to the scale required for their function of maintaining internal law and order, on a basis comparable with other European Defence Community countries (United Kingdom/France) ].

The Federal Government has decided to make the foregoing declaration, which is complementary to the undertakings given by the Federal Government in the European Defence Community, as an earnest of its goodwill and pacific intentions.

1. This report was discussed by Acheson, Eden, and Schuman at their meeting on the afternoon of Feb. 17 (see Secto 12, Feb. 18, from London, p. 55) and by Acheson, Eden, Schuman, and Adenauer at their meeting on the afternoon of Feb. 18 (see the Laukhuff minutes, p. 67). The source text was included as an annex to the Laukhuff minutes.
2. No comprehensive collection of the records of the “Official Group” has been found, nor can its composition be definitely determined. It is presumed to have been a tripartite group probably including Byroade for the United States and Roberts for the United Kingdom in its membership. Meetings of this “Official Group” seem to have derived from the decision to hold official preliminary meetings of American, British, and French officials preceding the meetings of the Foreign Ministers; see the editorial note, p. 35.
3. Not printed.
4. France and the United Kingdom. [Footnote in the source text.]
5. France. [Footnote in the source text.]
4. Brackets throughout appear in the source text.