Conference files, lot 60 D 627, cf
365
Final Report of the Working Party on the
Termination of the Occupation
1
confidential
[NPC (54) 50]
London
, October 2,
1954.
I. Introduction
The following procedure is one which can be applied, as may be
decided, either before or at the same time as the entry into force
of the arrangements for the German Defence Contribution. In this
report the expression “the interim period” refers to the period
between the termination of the occupation and the entry into force
of the arrangements for the German defence contribution, if the two
events are not simultaneous.
II. Procedure
It has been agreed that the Four Powers will sign, and if necessary
under their respective constitutional procedures, ratify a Protocol
which will bring into force all the Bonn Conventions,2 but which will delete or suitably amend out of
date provisions.
[Page 1340]
While parts of the Convention on Relations, and of the Settlement
Convention as amended (together with subsidiary documents relating
or [to] either of them) will continue in
force without time limit, the Forces and the Finance Conventions, as
amended, and the Tax Agreement (together with subsidiary documents
relating to any of them) will apply only during a limited period.
The Forces Convention will continue in force until the entry into
force of a new agreement based on the N.A.T.O. Status Agreement, supplemented by such
provisions as are necessary in view of the special conditions
existing in regard to the forces stationed in the Federal Republic.
The Finance Convention, as amended, will continue in force until the
entry into force of new financial arrangements providing support
costs for the allied forces in the Federal Republic. The
negotiations for the new agreements on the status of forces and on
financial arrangements will begin as soon as the N.A.T.O. Council has accepted in
principle the arrangements for a German defence contribution.
III. Detailed Examination of the
Conventions
Annex A to this Report sets out a complete list of those parts of the
Bonn Conventions which it has been agreed shall be considered for
deletion or amendment. Agreement has been reached on a considerable
number of points which in the attached list are marked with
asterisks. On a number of other points further discussion is
required but there is no disagreement on major matters of
principle.
In addition to the matters referred to in Annex A, the German
Delegation indicated that they would be raising the question of
External Assets subsequently, without however suggesting any
amendment to the Conventions.
IV. Interim arrangements in
respect of disarmament and demilitarisation controls
It has been agreed that, during the interim period, controls over
demilitarisation and disarmament shall be maintained by the
reservation and the appropriate exercise by the occupation
authorities of their existing reserved powers in these fields. The
controls are however to be applied by a joint four-power commission
which is to act by majority vote. In making this reservation, the
protocol is to provide that the four signatories will review the
problem at the end of 1954 in the light of the situation then
existing with regard to the entry into force of the arrangements for
the termination of the occupation. At the same time they will review
the exercise of the controls with a view to permitting preparation
by the Federal Republic for its future defence contribution.
V. Declaration of Intent
The Declaration of Intent at Annex B is to be issued at the
conclusion of the Nine Power Conference.
[Page 1341]
Annex A
Note: Agreed proposals are indicated by
an asterisk*
Convention on Relations
*Amend operative words of convention to refer to four parties
*Preamble. Delete.
*Article 1. Redraft as follows:
- 1.
- On the entry into force of this Treaty the Governments
of France, the United Kingdom and the United States will
terminate the Occupation régime in the Federal Republic
and will revoke the Occupation Statute and abolish the
Allied High Commission and the offices of the Land
Commissioners in the Federal Republic of Germany.
- 2.
- The Federal Republic shall have accordingly the full
authority of a sovereign State over its internal and
external affairs.
*Article 2(1) (a). The right to station
armed forces shall be exercisable fully only during interim
period, after consultation or with consent, as the case may be,
if military situation permits, thereafter only for exercise of
other two reserved rights.
Outside the matters covered by the Forces Convention (which shall
apply to Allied Forces stationed in the Federal Republic after
it enters into force and until replaced by new agreements), the
existing powers for the protection of the security of such
forces especially against external threats, will continue only
until the Federal Government obtains similar powers under
Federal legislation; but the existing powers will only be
exercised if the Federal Government has been consulted, in so
far as the military situation permits, and has agreed that the
circumstances (including the lack of legal powers enabling the
Federal Government itself to take the necessary action) require
such exercise.
Article 2(2).
*Article 3(4). (Free to have diplomatic relations with such
states).
*Article 4 (2). See Article 2 (1) (a).
Article 4(3).
*Article 4 (4). Delete.
*Article 5. Substitute for emergency powers reserved right in
respect of security to be exercised only until Federal
Government has obtained similar powers for itself and if Federal
Government agrees situation involving external threat requires
it. (See Article 2(1) (a) above).
Paragraph 7. This paragraph to be replaced by an exchange of
notes.
*Article 6(2). Delete second sentence, see Annex A below.
*Article 7(1) and 7(2). Delete reference to Three Powers.
*Article 7(3). Delete,
*Article 8(1). Forces and Finance Conventions limited to period
until new arrangements.
[Page 1342]
*Article 8(2). Redraft without changing the substance.
Article 9. The Three Allied Delegations wish to keep the
Tribunal. The German Delegation reserves its position.
Article 9(3). Redraft with reference to Article 5 and query
jurisdiction of Tribunal.
*Article 10. Improve review clause.
*Article 11. Delete, insert corresponding Article in
Protocol.
*Annex A—Issue as separate declaration.
*Annex B— Review Article 11.
Forces Convention
Delete references to E.D.C. and
make other consequential amendments.
Article 51 will have to be adjusted since the Convention’s
duration is limited to a specified period.
Finance Convention
*Delete or suitably amend all references to E.D.C.
A list of such deletions and amendments is being prepared.
*Appropriate amendment of dates.
*Article 3—delete.
*Article 4.
The arrangements with regard to support costs should be as
follows:
- 1.
-
In the period between the termination of the
occupation on the basis of the London
understandings, and the entry into force of the
arrangements for the German defence contribution,
the Federal Republic will provide a monthly average
contribution of DM
600 million for the support of the armed forces of
other Powers stationed in the Federal territory; of
this, DM 100 million
a month will be earmarked for particular defence
measures agreed jointly between the Three Powers and
the Federal Republic. Expenditures for the N.A.T.O. Infrastructure
Programme are included in this sum. Payment for
claims for occupation damages can be included
therein. The arrangement set out above will not in
any case continue beyond June 30, 1955.
If the arrangements for the German defence
contribution have not come into force before 30 June
1955 negotiations will take place between the four
governments.
- 2.
-
(a) During the first twelve
months after the entry into force of the
arrangements on the defence contribution of the
Federal Republic, the Federal Government will make
available for the support of the non-German forces
stationed in the Federal territory a total amount of
DM 3, 200 millions.
This amount shall be made available on the following
schedule:
-
DM 400 million a
month for the first two months
-
DM 300 million a
month for the next four months
-
DM 200 million a
month for the last six months
[Page 1343]
If the arrangements for the defence contribution of
the Federal Republic enter into force after the 1st
of July 1955, this undertaking shall no longer
apply, but negotiations shall take place between the
Federal Republic and the Three Powers on the
contribution of the Federal Republic to the support
of the forces referred to for a period not exceeding
12 months, (b) The Three
Powers recognise the right of the Federal German
Republic to propose that the above arrangements on
support costs be re-examined should it consider that
the burden imposed by the build-up of the agreed
German forces justifies such re-examination. In this
event, the parties concerned will examine all the
relevant factors and if found necessary will agree
to amend the above arrangements on support costs.
(c) In accordance with the
spirit of Article 3 of the North Atlantic Treaty the
Federal Government agrees that at the end of the
period laid down in subparagraph (a) above they will be prepared to negotiate
with other member governments of N.A.T.O. who have forces
stationed in the Federal Republic in respect of
questions relating to the support (for example goods
and services) of those forces having regard to the
requirements of the forces of the Federal
Republic.
- 3.
-
In view of its close connexion with support costs the
Committee also discussed the question of occupation
costs prior to the termination of the occupation
regime in the Federal Republic. It has been agreed
that the Federal Government will provide for a
period of three months from the 1st of October an
average monthly sum of DM 600 million for occupation costs and
mandatory expenditures. The occupying powers
undertake to make a consistent effort to ensure that
the present carry over of unspent funds for
occupation costs and mandatory expenditures will not
increase and shall be substantially reduced as
rapidly as possible. To this end the occupying
powers will give appropriate instructions to their
respective High Commissioners and to their stationed
forces. The authorities of the three occupying
Powers and the German authorities will cooperate
fully for this purpose and will assist each other by
exchanging relevant information and in any other
appropriate ways. It was agreed that this
undertaking should also be applicable in respect of
the carryover during the interim period.
The substance of the last part of paragraph 3 of
Article 4, and of paragraph 5 of the same Article
suitably amended in accordance with subsequent
arrangements, should be retained.
*Article 18 (1) delete
Article 19
The German Delegation desire the omission of this Article. The
other delegations agree that subparagraph (a) requires review in the light of the changes to be
made in Articles 3 and 4, but do not agree with the complete
suppression of this Article.
Settlement Convention
|
Chapter 2. |
*Article 1. Delete. This Article to be replaced by a
letter. |
|
*Article 2. Delete. |
|
*Article 3. Delete. |
[Page 1344]
|
*Articles 4–9. Delete, and substitute new provisions
in Chapter 1 or in a new chapter on transitional
provisions, which will ensure that the programme of
deconcentration shall be carried out to the end. There
shall be no provision against future reconcentration,
since this is covered by the Coal and Steel Community
Treaty. |
| *Article 10. |
Delete. German legal opinion to be furnished. |
|
Chapter 3. |
*Article 3(5) (a) (b) (c).
Delete and exchange notes on comparable
facilities. |
|
Chapter 7. |
*Article 1(a) (b)(c).
delete. |
|
*Article 3. delete. |
|
*Article 5. delete. |
|
Chapter 8 and Annex.
*Delete. |
|
Chapter 10. |
*Article 7. List can be reviewed. |
|
Chapter 11. |
*Delete this chapter. Insert a provision in Chapter 1
or in a new chapter on transitional provisions covering
requisitioned property unless otherwise covered under
German law. Exchange Notes on some of its subject
matter. |
Annex B
Declaration of Intent
Recognizing that a great country can no longer be deprived of the
rights properly belonging to a free and democratic people,
and
Desiring to associate the Federal Republic of Germany on a
footing of equality with their efforts for peace and
security,
The Governments of France, the United Kingdom and the United
States of America desire to end the Occupation regime as soon as
possible.
The fulfilment of this policy calls for the settlement of
problems of detail in order to liquidate the past and to prepare
for the future, and requires the completion of appropriate
Parliamentary procedures.
In the meantime, the Three Governments are instructing their High
Commissioners to act forthwith in accordance with the spirit of
the above policy. In particular, the High Commissioners will not
use the powers which are to be relinquished unless in agreement
with the Federal Government, except in the fields of disarmament
and demilitarisation and in cases where the Federal Government
has not been able for legal reasons to take the action or assume
the obligations contemplated in the agreed arrangement.
