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on the same basis as is usual between Parties to the North Atlantic Treaty or as may be agreed with effect for all Member States by the North Atlantic Council.

ARTICLE 2

The present Convention shall be open to accession by any State not a Signatory, which had forces stationed in the Federal territory on the date of the signature of the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany signed at Paris on 23 October 1954. Any such State, desiring to accede to the present Convention, may deposit with the Government of the Federal Republic an Instrument of Accession.2

ARTICLE 3

1. The present Convention shall expire with the conclusion of a German peace settlement or if at an earlier time the Signatory States agree that the development of the international situation justifies new arrangements.

2. The Signatory States will review the terms of the present Convention at the same time and subject to the same conditions as provided for in Article 10 of the Convention on Relations between the Three Powers and the Federal Republic of Germany.3

ARTICLE 4

1. The present Convention shall be ratified or approved by the Signatory States and Instruments of Ratification or Approval shall be deposited by them with the Government of the Federal Republic of Germany which shall notify each Signatory State of the deposit of each Instrument of Ratification or Approval. The present Convention shall enter into force when all the Signatory States have made such deposit 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.

2. It shall also enter into force on that date as to any acceding State which has previously deposited an Instrument of Accession in accordance with Article 2 of the present Convention and, as to any other acceding State, on the date of the deposit by it of such an Instrument.

3. The present Convention shall be deposited in the Archives of the Government of the Federal Republic of Germany, which will furnish each State party to the present Convention with certified copies thereof and of the Instruments of Accession deposited in accordance with

1 Supra, pp. 483-485.

2 As of Dec. 31, 1955, the following states had deposited, on the dates indicated, their instruments of accession to this convention: Belgium, Apr. 22, 1955; the Netherlands, Apr. 30, 1955; Canada, May 3, 1955; Denmark and Luxembourg, May 4, 1955.

3 Supra, p. 490.

Article 2 and will notify each State of the date of the deposit of any Instrument of Accession.

IN FAITH WHEREOF the undersigned Representatives duly authorized thereto have signed the present Convention.

Done at Paris this 23rd day of October, 1954, in three texts, in the English, French and German languages, all being equally authentic.

20. TRIPARTITE AGREEMENT ON THE EXERCISE OF RETAINED RIGHTS IN THE FEDERAL REPUBLIC OF GERMANY, OCTOBER 23, 19541

The Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the French Republic agree as follows:

1. The rights retained by the United States of America, the United Kingdom of Great Britain and Northern Ireland and the French Republic after the entry into force of the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, which are referred to in the Convention on Relations between the Three Powers and the Federal Republic of Germany 3 as amended by the said Protocol, will be exercised by their respective Chiefs of Mission accredited to the Federal Republic of Germany.

2. The Chiefs of Mission will act jointly in the exercise of those rights in the Federal Republic of Germany in matters the Three Powers consider of common concern under the said Protocol and the instruments mentioned in Article 1 thereof.

3. Those rights which relate to Berlin will continue to be exercised in Berlin pursuant to existing procedures, subject to any future modification which may be agreed.

4. This agreement shall enter into force upon the entry into force of the said Protocol.

Done at Paris on the twenty third day of October, Nineteen hundred and fifty-four in two texts, in the English and French languages, both texts being equally authentic.

1 S. Execs. L and M, 83d Cong., 2d sess., p. 91. Entered into force May 5, 1955.

2 Supra, pp. 483-485.

3 Supra, pp. 486-498.

[AGREEMENT ON THE SAAR BETWEEN THE FEDERAL REPUBLIC OF GERMANY AND FRANCE WITH ACCOMPANYING LETTERS, OCTOBER 23, 1954]1

21. REPORT BY THE SECRETARY OF STATE TO THE PRESIDENT, NOVEMBER 12, 19542

DEAR MR. PRESIDENT:

I

I have the honor to submit to you, with a view to transmission to the Senate for its advice and consent to the ratification thereof, (1) a Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, signed at Paris on October 23, 1954, to which are annexed five schedules; and (2) a Protocol to the North Atlantic Treaty providing for the Accession of the Federal Republic of Germany, signed at Paris on October 23, 1954.*

II

The protocols above referred to are a part of a series of interconnecting arrangements designed to solidify the security structure of Western Europe. Because of such interdependence, I also submit herewith the other arrangements, although they do not themselves require Senate action. I recommend that these documents, which are listed in the annexed schedule," be submitted to the Senate for its information.

III

The foregoing arrangements, when they become operative, will, in combination, establish basically new conditions in Western Europe. They will realize a result for which the United States has long hoped.

The two world wars of this century have made it evident that western civilization, with its dedication to human liberty, cannot survive if the members of the western world continue to make war on each other. Already they have so expended their blood and treasure in

1 The Bonn Agreements of 1952 as Amended by the Paris Protocol of 1954 (S.. Doc. No. 11, 84th Cong., 1st sess.), pp. 140-144; Beate Ruhm von Oppen, ed., Documents on Germany under Occupation, 1945–1954 (London, 1955), pp. 609–612. The agreement came into force on May 5, 1955, by an exchange of notes, subject to approval by referendum (article I). The rejection of the agreement by the Saarlanders in the referendum of Oct. 23, 1955, necessitated new negotiations that had not materialized in any new arrangement by the end of 1955.

2 S. Execs. L and M, 83d Cong., 2d sess., pp. 5-14.

3 Supra, pp. 483-485. Infra, pp. 871-873. Not reprinted here.

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fighting that they have gravely depleted their strength, and they have brought upon themselves the moral condemnation of all humanity because of their failure to establish, even as between themselves, a peaceful order.

Realization of the foregoing brought the Western European nations to seek such a measure of unification, particularly in terms of military establishments, as would make it hereafter both militarily impractical and politically unlikely that their military forces would be used against each other, or indeed against anyone else for other than clearly defensive purposes.

The need for this coincides with new dangers born out of the expansionist policies of Soviet Russia, inspired by the worldwide ambitions of Soviet communism and backed by a vast Red military establishment. This creates for Western Europe a threat which can only be effectively deterred by the achievement of a large degree of practical unity among the European nations themselves, including the Federal Republic of Germany, and we hope, a unified Germany.

It was originally sought to achieve these objectives by the establishment of a European Defense Community, consisting of six continental countries-Belgium, France, the Federal Republic of Germany, Italy, Luxembourg, and the Netherlands. They would have created an international organization having supranational powers in defense matters. This would have constituted a hard and dependable core at the critical center of the North Atlantic Treaty Organization.

This plan had been proposed on October 24, 1950, by Mr. Pleven, the then French Minister of Defense. After about a year and a half of negotiation, it was embodied in two interconnected treaties-the Bonn Convention on Relations with the Federal Republic of Germany of May 26, 1952, designed to restore sovereignty to the Federal Republic, and the Paris Treaty of May 27, 1952, designed to establish the European Defense Community.?

The Bonn convention was signed by the United States, and on July 1, 1952, the United States Senate advised and consented to its ratification. The Senate at the same time consented to an extension of the North Atlantic Treaty area to include that of the European Defense Community, the significant addition being Western Germany. However, the Bonn convention and the related Paris Treaty never became effective because they were not ratified by all the signatories.

This failure to realize the European Defense Community and to restore sovereignty to the Federal Republic of Germany created a highly dangerous situation. It seemed that Europe might be doomed to continue divisions which would be disastrous both because such divisions would perpetuate the cycle of recurrent war as between the Western European countries themselves, and because a divided Europe would automatically be dominated by Soviet despotic power.

1 Text in S. Execs. Q and R, 82d Cong., 2d sess., pp. 9-22.

2 Infra, pp. 1107-1150.

See Protocol of May 27, 1952, S. Execs. Q and R, 82d Cong., 2d sess., pp. 23–24.

IV

I desire at this point to refer to the action which the United States Senate took on July 30, 1954. It was then predictable that the French Chamber of Deputies might fail to ratify the Bonn and Paris Treaties, above referred to, and the consequences of that failure could measurably be foreseen. In anticipation of that situation there occurred consultations between the Executive and the Senate, as a result of which the Senate, by a vote of 88 to 0, adopted a resolution which asked you in your discretion and within the limits of your constitutional powers to seek

to restore sovereignty to Germany and to enable her to contribute to the maintenance of international peace and security.

This act of cooperation between the Executive and the Senate, and the unanimous bipartisan action of the Senate itself, had a steadying and sobering effect at a time when there was much confusion and division of counsel. The Senate action enabled me, as your representative, to speak with authority in the subsequent negotiations which I conducted on your behalf.

The forward-looking "advice" thus given by the Senate in pursuance of its constitutional prerogative has in fact been successfully transmuted into Executive action. The first protocol referred to in I above will "restore sovereignty to Germany" and the second protocol referred to in I above will "enable her to contribute to the maintenance of international peace and security."

V

The Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany is not linked to the entry into force of the arrangements for a German defense contribution, as was the case of the original Convention on Relations with the Federal Republic. It could come into force before it becomes possible to bring the arrangements for the German defense contribution into force. If there is an intervening period, France, the United Kingdom, and the United States will retain their existing powers in the field of disarmament and demilitarization in the Federal Republic. These powers will be exercised through a Joint Commission, consisting of representatives of the three powers and the Federal Republic, who will function by majority votes. These arrangements will be reviewed at the end of 1954 in light of the situation then existing with regard to the entry into force of the protocol and, at the same time, the four Governments will review the exercise of the controls with a view to permitting preparation by the Federal Republic for its future defense contribution.

In addition to the differences above mentioned, several changes of substance have been made in the Convention on Relations with the Federal Republic, as concluded in 1952. However, these changes neither increase the obligations of nor diminish the benefits to the

1 S. Res. 295; infra, p. 1732.

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