tions between the Three Powers and the Federal Republic of Germany) was submitted to the Senate for its advice and consent to ratification. The other conventions were in the nature of implementing administrative agreements, for which the Senate recognized that formal approval was unnecessary and, furthermore, was undesirable, inasmuch as they might require technical revision from time to time to meet. changing conditions. Approval of the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany will not change the nature of those related conventions.

While the arrangements embodied in these agreements are complex, their purposes are simple. The Federal Republic is placed on a basis. of full equality with other states. The military strength of the Federal Republic will be combined with that of the other countries in the Atlantic community in such a way that the development and use of the German military contribution will be in accordance with the common need. The Federal Republic will be fully associated with the Atlantic community through membership in the North Atlantic Treaty Organization, and with the European community through membership in the Western European Union established under the Brussels Treaty. Both of these organizations will be strengthened internally. The procedures and institutions which are the subject of these agreements make it inevitable that the states involved will act closely together in the matters most important to their security. This concert of action will, I am convinced, foster the spirit of cooperation and desire for continuing association which have been evident in the free nations and which are essential for their future safety and welfare. One of the principal specific consequences of the new arrangements will be the addition of a substantial increment of German resources to the Atlantic defense system. At the same time, I want to emphasize the fact that these agreements are founded upon the profound yearning for peace which is shared by all the Atlantic peoples. The agreements endanger no nation. On the contrary, they represent one of history's first great practical experiments in the international control of armaments. Moreover, their fundamental significance goes far beyond the combining of strength to deter aggression. Ultimately, we hope that they will produce a new understanding among the free peoples of Europe and a new spirit of friendship which will inspire greater cooperation in many fields of human activity.

I urge the Senate to signify its approval of this great endeavor by giving its advice and consent to ratification of the protocols on the admission of the Federal Republic to the North Atlantic Treaty Organization and on the termination of the occupation regime. I hope these instruments may be studied with a view to enabling the Senate to act promptly on these matters when it meets for its new session in January.

DWIGHT D. EISENHOWER.

23. REPORT OF THE SENATE COMMITTEE ON FOREIGN RELATIONS, MARCH 31, 19551

The Committee on Foreign Relations, having had under consideration the protocol on the termination of the occupation regime in the Federal Republic of Germany (Ex. L, 83d Cong., 2d sess.) and the protocol to the North Atlantic Treaty on the accession of the Federal Republic of Germany (Ex. M, 83d Cong., 2d sess.), recommends that the Senate give its advice and consent to the ratification of the said protocols.

1. GENERAL PURPOSE OF PROTOCOLS

The protocol on the termination of the occupation regime in Germany will restore sovereignty to the Federal Republic by permitting it to exercise full authority over its internal and external affairs, subject to the reservation of certain rights relating to Berlin, the reunification of Germany, and the conclusion of a peace treaty. The protocol to the North Atlantic Treaty will bring the Federal Republic into the North Atlantic Treaty Organization as the 15th member.

Related to these two protocols are a series of agreements which will have the effect of creating a Western European Union, establishing a system of military limitations and controls, and providing for the close integration of the armed forces of the free nations in Western Europe. In the words of the Secretary of State, "the sum total" of these agreements—

is a Western Europe which will have a large measure of unity and of controlled strength, and which, through that unity and strength, can contribute mightily to its own welfare and to that of others.2

2. BACKGROUND

Shortly after the signing of the North Atlantic Treaty in April 1949 and inauguration of the United States military assistance program to help Western European nations rebuild their defenses, it became apparent that adequate defenses in Western. Europe would require some type of German contribution. As might have been expected, there was deep concern in Western Europe that steps taken to enable the Federal Republic to reestablish its armed forces might lead to a revival of German militarism with a consequent threat to the nations of Western Europe which had so recently been at war with Germany.

In order to enable the Federal Republic to assist in the defense of Western Europe and at the same time to insure against the revival of militarism, the then French Prime Minister M. Pleven, proposed the establishment of the European Defense Community (EDC).

On May 26, 1952, the Three Powers (France, the United Kingdom, and the United States) and the Federal Republic of Germany signed

1S. Exec. Rept. No. 6, 84th Cong., 1st sess., pp. 1-16. 2 Statement of Mar. 29, 1955; infra, pp. 1497-1504.

a Convention on Relations with the Federal Republic of Germany.1 One day later in Paris a protocol to the North Atlantic Treaty was signed. The Convention on Relations with the Federal Republic, the so-called Bonn convention of 1952, provided for the restoration of sovereignty to Western Germany. The NATO protocol extended to Western Germany the area to which the North Atlantic Treaty would apply.

An essential part of this program restoring sovereignty to Germany and extending NATO to cover the Federal Republic was the conclusion of a treaty among the powers of Western Europe to establish the European Defense Community.3 The EDC envisaged the creation. of a common defense organization for six European countries, including the Federal Republic of Germany. The German contribution to the defense organization was to be through the instrumentality of the EDC.

The United States Senate on July 1, 1952, gave its advice and consent to the ratification of the Bonn agreements of 1952 and the NATO protocol of that year by votes of 77-5 and 72-5, respectively. Those two agreements never came into effect because the French Chamber of Deputies on August 30, 1954, failed to approve the treaty establishing the EDC-an essential part of the plan to make Germany an independent and fully contributing partner to the free world defense system in Western Europe.

In light of the possibility that the EDC might not be approved, the United States Senate had on July 30, 1954, by a vote of 88-0, adopted a resolution requesting the President to take such steps as he found necessary "to restore sovereignty to Germany." Subsequent to the defeat of the EDC, the British Foreign Minister consulted with the governments which had signed the EDC Treaty to ascertain whether some substitute for that instrument might be devised which would enable France, Germany, and the other signatories of the EDC to join together in an organization which would make it possible for Germany to make a contribution to Western European defenses without the danger of uncontrolled rearmament. As a result of these efforts, amendments were proposed to the Brussels Pact of 1948, discussed more fully below, which accomplished this purpose.

It was thus possible on October 23, 1954, to conclude a new series of agreements to terminate the occupation regime in Germany and restore sovereignty to her and to make arrangements for Germany to be admitted to NATO.

On November 15, 1954, the President transmitted to the Senate the two protocols now before the committee. 5

3. COMMITTEE ACTION

Although the protocols under consideration have been pending since last November 15, the committee did not wish to hold hearings on them until legislative action on the protocols and related agreements

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

2 Ibid., pp. 23–24.

3 Infra, pp. 1107-1198.

Infra, p. 1732.

5 Supra.

had been completed by Western Germany and France. On the day the protocols were approved by the French Council of the Republic, the Foreign Relations Committee received in executive session the testimony of Gen. Alfred M. Gruenther, supreme allied commander, Europe. On Tuesday, March 29, 1955, it received the testimony of Secretary of State Dulles; on Wednesday, March 30, it heard Deputy Secretary of Defense Robert Anderson and received statements of the Chairman of the Joint Chiefs of Staff, Adm. Arthur W. Radford, and Gen. Orval Cook, deputy United States commander in chief, Europe. On the same date the committee also heard the testimony of private witnesses. 1

On March 31 the committee favorably reported the pending protocols to the Senate and recommended their early consideration and approval.

4. THE NATO PROTOCOL

Article 10 of the North Atlantic Treaty provides that the parties may

by unanimous agreement, invite any other European state in a position to further the principles of this Treaty and to contribute to the security of the North Atlantic area to accede to this Treaty.

It will be recalled that the North Atlantic Treaty protocol of 1952 (Ex. R, 82d Cong., 2d sess.), which was approved by the Senate but which did not come into effect because the treaty to establish the European Defense Community was not fully ratified, did not invite Western Germany to accede to the North Atlantic Treaty. It was not then contemplated that Western Germany would become a member of NATO. Instead, that protocol had the effect of extending the terms of the North Atlantic Treaty to an

armed attack (i) on the territory of any of the members of the European Defense Community in Europe or in the area described in Article 6 (i) of the North Atlantic Treaty or (ii) on the forces, vessels, or aircraft of the European Defense Community when in the area described.

Through another protocol, the Federal Republic as a member of the EDC gave reciprocal commitments to the members of NATO.2

The 1954 protocol to the North Atlantic Treaty on the accession of the Federal Republic of Germany 3 (Ex. M, 83d Cong., 2d sess., see p. 37) differs from the 1952 protocol in that it authorizes the extension to the Federal Republic of an invitation to accede to the treaty. Germany will by this action become a full-fledged member of the North Atlantic Treaty Organization.

It should be noted that the 1954 NATO protocol will not come into effect until the relevant related treaties have been approved, particularly the instruments modifying the terms of the Brussels Treaty of 1948. This means that Germany will not be able to join NATO until

1 For these hearings, see Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany and Protocol to the North Atlantic Treaty on the Accession of the Federal Republic of Germany: Hearings before the Committee on Foreign Relations, United States Senate, 84th Cong., 1st sess., on Executives L and M, 83d Cong., 2d sess.

S. Execs. Q and R, 82d Cong., 2d sess., pp. 228-229.

3 Infra, pp. 871-873.

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the necessary action has been taken to link steps related to German remilitarization to those provisions of the Brussels Treaty concerned with international control of European armaments.

5. GERMAN CONTRIBUTION TO NATO

One of the principal purposes of this network of agreements is to enable Western Germany to make a contribution to the collective defense effort of the North Atlantic Treaty Organization. The importance of this has long been recognized by the Senate. It arises. from the fact that the Soviet Union has in being 175 well armed and trained divisions plus a smaller number of less adequate satellite divisions. It also has a strong air force.

The NATO forces which would be called upon to resist an attack are much smaller. NATO's inferiority in this regard will in part be redressed by a German contribution to those forces. It is expected that this contribution will consist of 12 divisions, about 1,300 tactical aircraft, and some naval craft. General Gruenther, supreme allied commander, Europe, estimated that it might take 3 to 4 years to bring this contribution into being. A major Soviet threat would, of course, accelerate this program.

The committee inquired whether Germany would need United States assistance in building its new armed forces. The Secretary of State pointed out that for a number of years the United States, from military-assistance funds, has been building a substantial stockpile of military equipment for the use of a German Army whenever it should come into being. It was his opinion, therefore, that these agreements would not substantially add to the burden on the United States.1

By the Finance Convention, 2 one of the conventions submitted to the Senate for its information (see S. Doc. 11, pp. 59-77), Germany is also obligated to contribute to the support of the Allied forces which will remain stationed there for the free world's protection. Up to June 30, 1955, or until the agreements relating to Germany, the Western European Union, and the North Atlantic Treaty all become effective, if this happens before June 30, 1955, this contribution will be (deutschemark) DM600 million or approximately $150 million a month. Should the agreements enter into force before June 30, 1955, Germany's contribution for the next 12 months will be DM3,200 million or about $800 million-an average of $65 million a month. If they do not enter into force by June 30, new negotiations will have to take place to establish Germany's contribution for the following 12 months. After the expiration of the periods set forth in the Finance Convention, Germany agrees to negotiate further with NATO members who have forces stationed there for assistance in the support of those forces.

A further contribution may be expected from Germany in the form of industrial production. In connection with the Brussels Treaty protocols, Germany has renounced the right to manufacture atomic,

1 Hearings, pp. 18-19.

2 Supra, pp. 539-556.