Decision of the Joint Consultative Group on an
Additional Procedure for Reduction by Destruction of Conventional Armaments
and Equipment Limited by the Treaty on Conventional Armed Forces in
Europe
14 July 1995
Pursuant to Section I, paragraph 5 of the Protocol on Procedures Governing
the Reduction of Conventional Armaments and Equipment Limited by the
Treaty on Armed Forces in Europe of 19 November 1990, the Joint Consultative
Group decided on 14 July 1995 that the additional procedure for reduction
of conventional armaments and equipment, as specified in the following
text, shall be deemed sufficient for carrying out the reduction of conventional
armaments and equipment limited by the Treaty. This decision does not
prejudice any State Party's right to apply the reduction procedures
as set forth in aforementioned Protocol or to apply the additional procedures
for reduction set forth in the decision of the Joint Consultative Group
of 11 May 1993, 29 June 1993 and 12 October 1993, 8 March and 3 May
1994, 24 May 1994.
Additonal Procedure for Reduction of Irreversibly Damaged
Conventional Armaments and Equipment Limited by the
Treaty on Conventional Armed Forces in Europe
- This procedure shall be applied only to conventional armaments and
equipment limited by the Treaty which are derelict or have been damaged
in combat or as a result of other unanticipated circumstances.
- Conventional armaments and equipment must be irreversibly damaged
in order to be considered reduced in accordance with this procedure.
For the purposes of this Decision, irreversible damage shall mean
that the effects of damage to the parts and elements of items of conventional
armaments and equipment are on a scale equivalent to the effects of
damage that would result from carrying out any other approved reduction
procedures. In order for the inspectors to conclude that the effects
of damage are on an equivalent scale, they must be satisfied that
the following criteria have been met:
- For battle tanks:
- integral main armament:
- visible irreversible damage to either of the trunnion
mounts; or
- irreversible damage to the gun mount or cradle so as
to make them unusable for mounting a gun tube;
- irreversible damage to the operating surfaces of the
breech system or chamber so as to preclude firing; or
- irreversible damage to the breech block so as to preclude
firing. and
- hull:
- such irreversible damage to the hull by severe cracking,
deformation or distortion that it could not be used for
military purposes; or
- visible irreversible damage to the perimeter of the
hull turret aperture to the extent that the turret cannot
traverse; or
- irreversible damage to the hull as a result of cracks,
deformation or distortion not amounting to such serious
damage as in paragraph 2(A)(2)(a) above but to the extent
that the turret cannot traverse; and
- irreversible damage to the final drive aperture that
precludes mounting a final drive; or
- irreversible damage to at least one of the engine mounts
making incapable of mounting the engine.
- For armored combat vehicles:
- For armored infantry personnel carriers irreversible damage
must be such that, for tracked vehicles the final drive must
not be capable of propelling the vehicle, and for wheeled
vehicles the front wheel final gearbox mounting area must
be irreversibly damaged so that the vehicle could not be propelled.
- For armored infantry fighting vehicles and heavy armament
combat vehicles the criteria shall be the same as those set
out in paragraph 2(A) of this Decision except that for wheeled
armored infantry fighting vehicles and heavy armament combat
vehicles the criteria for wheeled armored personnel carriers
in paragraph 2(B)(1) above are to be used instead of those
in paragraphs 2(A)(2)(d) and (e).
- For artillery:
- For selfpropelled guns, howitzers, artillery pieces
combining the characteristics of guns and howitzers or mortars
the criteria shall be the same as those set out in paragraph
2(A) of this decision.
- For guns, howitzers, artillery pieces combining the characteristics
guns and howitzers or mortars the criteria shall be the same
as those set out in paragraph 2(A)(1) of this decision. Additionally,
the trails / base plate must be irreversibly damaged so as
to be rendered inoperative.
- For multiple launch rocket systems all tubes or launcher
rails, and tube or launcher rail bases must be irreversibly
damaged so as to preclude firing.
- For combat aircraft:
The aircraft's fuselage must be irreversible damaged so as to
preclude flight.
- for attack helicopters:
The attack helicopter's fuselage must be irreversible damaged
so as to preclude flight.
- In accordance with Section X of the Protocol on Inspection each
State Party shall have the right to conduct inspections of conventional
armaments and equipment to be presented for reduction under this procedure.
However for the purposes of this decision only, the limitations relating
to inspections set out in paragraphs 4 and 5 below shall apply.
- Inspections under this procedure shall be limited to a single inspection
in each calendar reporting period. This inspection shall be conducted
by an inspecting State Party from the group of States Parties of which
the State Party presenting items of conventional armaments and equipment
for reduction is not a member.
- Each inspection under this procedure shall be limited to no more
than seven days unless otherwise agreed by the State Party presenting
items of conventional armaments and equipment for reduction and the
inspecting State Party.
- A State Party intending to implement the additional procedure set
out in this Decision shall provide to all other States Parties in
accordance with Section X of the Protocol on Inspection a notification
of intent to have conventional armaments and equipment reduced in
accordance with this Decision. For the purposes of this Decision:
- the calendar reporting period is the period during which the
conventional armaments and equipment to be reduced in accordance
with this decision will be available at the reduction site, the
first and last days of this period representing respectively the
scheduled dates for initiation and completion of reduction;
- the duration of the calendar reporting period shall be no less
than 15 days;
- the notification shall additionally contain a description of
the unanticipated circumstances which caused damage to the conventional
armaments and equipment to be reduced in accordance with this
decision.
- Conventional armaments and equipment to be reduced in accordance
with this Decision shall be presented at reduction sites in accordance
with Section I and II of the protocol on Reduction, with the following
exceptions:
- if the presentation of an item of conventional armaments and
equipment as a complete assembly, in accordance with Section II,
paragraph 2 of the protocol on Reduction, is, for whatever reason,
impossible, all its major parts and elements shall be presented
together to meet the criteria set out in paragraph 2 of this Decision.
- conventional armaments and equipment to be reduced in accordance
with this Decision shall be segregated from other conventional
armaments and equipment subject to reduction.
- the State Party intending to implement the additional procedure
set out in this decision shall have the right to shroud any sensitive
part of an item of conventional armaments and equipment presented
at the reduction site.
- If the inspection team finds that the damage to an item of conventional
armaments and equipment is not sufficient to meet the criteria
set out in paragraph 2 of this decision, or if, for any cause
within control of the State Party presenting items for reduction
in accordance with this procedure, the inspectors are unable to
inspect an item, it shall not be counted as reduced.
- The State Party seeking reduction under the procedure specified
in this decision may take action as necessary during the inspection
to further damage conventional armaments and equipment in order
to satisfy inspectors that the criteria set out in paragraph 2
of this decision have been met.
- For the purposes of this decision copies of the inspection report
shall be provided by the inspecting State Party to all States
Parties and to the Joint Consultative Group within 30 days after
the end of the inspection. Inspectors shall have the right to
take photographs and video film of conventional armaments and
equipment to be reduced in accordance with this Decision and include
them in the report.
- Notwithstanding the Decision of the Joint Consultative Group
of 23 May 1995 an the Costs of Inspections, days during which
inspectors conduct inspections of reductions in accordance with
this Decision shall not be included in calculating the number
of inspector days during the third reduction phase in which inspection
teams were present on the territory of the inspected State Party
conducting inspections pursuant to Section X, paragraphs 1 to
10 of the Protocol on Inspection.
- The number of conventional armaments and equipment limited by
the Treaty which a State Party reduces by the additional procedure
specified in this Decision shall not exceed:
- a combined total of 300 battle tanks, pieces of artillery
and armored combat vehicles and a combined total of 45 combat
aircraft and attack helicopters; or
- two per cent of a combined total of a State Party's maximum
levels for holdings of battle tanks, artillery, armored combat
vehicles, artillery combat aircraft and attack helicopters,
whichever is greater.
Statement by the Chairman of the Joint Consultative Group
The Chairman of the Joint Consultative Group notes that:
The States Parties have agreed, for the purpose of facilitating the
implementation of the Decision adopted today on an Additional Procedure
for Reduction of Conventional Armaments and Equipment limited by the
Treaty on Conventional Armed Forces in Europe, that:
- the calendar reporting period during which the conventional armaments
and equipment to be reduced are available at the reduction site includes
the three days referred to in paragraph 7 of Section X of the Protocol
on Inspection;
- the sites used for the presentation of the armaments and equipment
to be reduced in accordance with the abovementioned Decision
are to be nodded in accordance with paragraph 10 of Article VIII of
the Treaty;
- an inspection in reduced in accordance with the abovementioned
Decision can begin on any day during the calendar reporting period,
including the first day.
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