The Declaration by the Government of the Federal Republic of Germany on the Personnel Strength of German Armed Forces (the Declaration) consists of a Preamble and three paragraphs.

The Preamble provides that, in connection with the signature of the Treaty on Conventional Armed Forces in Europe (the Treaty), the Government of the Federal Republic of Germany confirms the declaration made by the Federal Minister for Foreign Affairs on 30 August 1990 in the plenary session of the Negotiations on Conventional Armed Forces in Europe. This Declaration consists of the following paragraphs.

The first paragraph provides that the Government of the Federal Republic of Germany undertakes to reduce the personnel strength of the armed forces of the united Germany to 370,000 (ground, air and naval forces) within three to four years. This reduction will commence on the entry into force of the Treaty.

In this first paragraph, the Federal Republic of Germany has unilaterally declared that it will reduce its personnel strength within a three-to-four year time period. It has committed itself to this reduction upon the entry into force of the Treaty, rather than upon the entry into force of any follow-on CFE IA Agreement (which will include any future manpower limits). The Federal Republic has, therefore, committed itself to undertake this reduction upon the entry into force of the Treaty without reference to the future negotiating positions that will be taken by the other 21 States Parties during the upcoming CFR IA negotiations.

The second paragraph of the Declaration provides that within the scope of this overall ceiling no more than 345,000 will belong to the ground and air forces, which personnel, pursuant to the Mandate, alone are the subject of the negotiations on conventional armed forces in Europe. In this regard, these terms are used in the generic sense. For example, the term "ground forces" covers all forces based on land within the area of application, regardless of their organizational subordination. This second paragraph not only gives the total number of armed forces personnel of the Federal Republic of Germany that will belong to ground and air forces, but it also takes note of the fact that only ground and air force personnel will be the subject of the future CFR 1A negotiations on manpower limits.

The third paragraph of the Declaration provides that the Federal Government regards its commitment to reduce ground and air forces as a significant German contribution to the reduction of conventional armed forces in Europe. It assumes that in follow-on negotiations the other participants in the negotiations, too, will render their contribution to enhancing security and stability in Europe, including measures to limit personnel strengths.

This paragraph emphasizes the unilateral nature of this Declaration and the desire of the Federal Republic of Germany to have this Declaration followed up by the other 21 States Parties taking similar initiatives, collectively, to advance security and stability in Europe in the follow-on CFE IA negotiation. This Declaration by the Federal Republic of Germany contains only political commitments as opposed to legally binding constraints. However, the same text appears in paragraph 2 of Article 3 of the Treaty on the Final Settlement With Respect to Germany to which the Federal Republic of Germany, the United States, the Soviet Union, France and the United Kingdom are Parties. The Federal Republic of Germany regards its personnel commitments in that Treaty to be legally binding.

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The Declaration of the States Parties to the Treaty on Conventional Armed Forces in Europe (the Treaty) with Respect to Personnel Strength (the Declaration) consists of one paragraph, which constitutes a political commitment.

The paragraph provides that in connection with the signature of the Treaty and with a view to the follow-on negotiations referred to in Article XVIII of the Treaty, the States Parties declare that, for the period of the negotiations, they will not increase the total peacetime authorized personnel strength of their conventional armed forces in the area of application.

As noted in the above paragraph, Article XVIII of the Treaty addresses the CFE 1A follow-negotiation. These negotiations will consider measures to limit the personnel strength of the participants' conventional armed forces within the area of application. This Declaration provides a declaration of policy by the States Parties that they will not increase their total peacetime authorized military personnel levels which existed at the time of Treaty signature, November 19, 1990, and for the duration of the CFE 1A negotiations. This no-increase commitment will facilitate the negotiation of military manpower limits for the States Parties during the follow-on negotiation by maintaining the status quo during such negotiations.

Also, note that the use of the verb "will" in the paragraph was intended to emphasize the fact that the Declaration represents a political undertaking and does not embody any legal obligations.

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The Declaration of the States Parties to the Treaty on Conventional Armed Forces in Europe (the Treaty) with respect to Land-Based Naval Aircraft (the Declaration) consists of a Preamble and five paragraphs.

The Preamble provides that, to promote the implementation of the Treaty on Conventional Armed Forces in Europe, the States Parties to the Treaty undertake the following political commitments outside the framework of the Treaty. In this regard, the phrase "outside the framework of the Treaty" makes clear that the Declaration is associated with, but not part of, the Treaty. Note that the Preamble also makes clear at the outset that the commitments in the Declaration are not legally binding.

Paragraph 1 of the Declaration provides that no one State will have in the area of application of the Treaty more than 400 permanently land-based naval aircraft. Paragraph 1 also provides that it is understood that this commitment applies to combat aircraft armed and equipped to engage surface or air targets and excludes types designed as maritime patrol aircraft.

Although Article III of the Treaty would appear to include within the coverage of the Treaty all land-based combat aircraft within the area of application, the Declaration makes clear that it was the intent of the Parties to exclude such aircraft that are subordinated to naval forces. As a matter of policy the States Parties in implementing the Treaty will not exceed the numerical limit on such aircraft established by the Declaration. It further specifies the general type of aircraft to be affected by this limit. Types of military aircraft subordinated to naval forces whose mission is patrol are excluded from this limit but all other such types of combat aircraft are included.

The use of the verb "will" in paragraph 1, and in fact throughout the Declaration, was intended to emphasize the fact that the commitments represent political undertakings and are not legal obligations.

Paragraph 2 of the Declaration provides that the aggregate number of such permanently land-based combat naval aircraft held by either of the two groups of States Parties defined under the terms of the Treaty will not exceed 430. While paragraph I provides an individual limit on each State Party, paragraph 2 provides the aggregate limit for each group of States Parties.

Paragraph 3 of the Declaration provides that no one State Party will hold in its naval forces within the area of application any permanently land-based attack helicopters. Thus, this provision sets forth a total ban on such helicopters subordinated to naval forces in the area of application. As a result, U.S. Marines or Soviet Naval Infantry, for example, may not possess such helicopters within the area of application.

Paragraph 4 of the Declaration provides that the limitations set forth in the Declaration will apply beginning 40 months after entry into force of the Treaty. This timetable corresponds to that established in the Treaty.

Paragraph 5 of the Declaration provides that the Declaration will become effective as of entry into force of the Treaty.

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The Statement of the Representative of the Union of Socialist Republics in the Joint Consultative Group (the Statement) consists of a Preamble and three parts.

The Statement was made within the framework of the Joint Consultative Group in Vienna on June 14, 1991. It is associated with, but not part of, the Treaty on Conventional Armed Forces in Europe (the Treaty). While not legally binding, the Statement provides information and political commitments with respect to the use, storage, and reduction of several thousand pieces of Soviet conventional armaments and equipment located east of the Urals.

The Statement arises out of a dispute concerning the movement by the Soviet Union of thousands of conventional armaments and equipment of a type limited by the Treaty out of the area of application between January 1989 and November 19, 1990, the date when the Treaty-limited armaments and equipment in no way violated the Treaty or customary international law, many States Parties, including the United States, found such a large buildup of armaments and equipment just outside the area of application to be inconsistent with the goals of the Treaty and potentially destabilizing. Consequently, the United States led diplomatic efforts during the negotiation of the Treaty and for several months thereafter to prevail upon the Soviet Union to provide commitments to alleviate the potential threat posed by such armaments and equipment.

The Preamble provides that, in order to promote the implementation of the Treaty on Conventional Forces in Europe of November 19, 1990 (the Treaty), the Representative of the Union of Soviet Socialist Republics to the Joint Consultative Group has been instructed by the Government of the Union of Soviet Socialist Republics to make the statement described herein.

Note that the Preamble makes clear that the objective of the Statement is to promote the implementation of the Treaty. This explicit link to Treaty implementation means that, even though the Statement is not part of the Treaty, the Joint Consultative Group is nonetheless empowered to consider issues relating to the Statement. This follows from subparagraph 2(I) of Article XVI of the Treaty, which provides that the States Parties shall, within the framework of the Joint Consultative Group. "consider matters of dispute arising out of implementation of the Treaty."

The first paragraph of Part 1 provides that the Union of Soviet Socialist Republics will, during 1991-1995, destroy or convert into civilian equipment no less than 6,000 battle tanks, 1,500 armored combat vehicles, and 7,000 pieces of artillery from among the conventional armaments and equipment in the Treaty-limited categories beyond the Urals, in addition to the numbers of armaments subject to destruction and conversion specified in the Statement by the Government of the Union of Soviet Socialist Republics, dated June 14, 1991.

With respect to the first paragraph, discussions with Soviet representatives have made clear that the reduction commitment does not extend to items actually withdrawn from the area of application and now held east of the Urals; rather, the commitment is to reduce an equivalent amount of armaments and equipment that were already outside the area of application. However, the representatives of the Soviet Union also stated that the items reduced to meet this commitment would be conventional armaments and equipment of a type limited by the Treaty, such as T-54 battle tanks. The U.S. negotiators sought such an assurance in order to ensure that the items to be reduced were not, for example, antiquated tanks of World War II vintage, such as T-34s.

Also, note that the operative word of obligation used in the first paragraph of Part I, and in fact throughout the Statement, is the verb "will." The use of this term is important because it indicates the intention of the drafters to establish political commitments rather than legally binding obligations throughout the Statement. On the other hand, legal obligations are indicated in the Treaty and the legally binding Statements of June 14, 1991, by the use of the verb "shall."

The second paragraph of Part I provides that the armaments referred to in paragraph 1 above will be destroyed or converted under procedures that will provide sufficient visible evidence, which confirms that they have been destroyed or rendered militarily unusable. The second paragraph also provides that advance notification and information will be provided to the States Parties to the Treaty regarding the locations and numbers of battle tanks, armored combat vehicles, and pieces of artillery undergoing destruction or conversion.

The phrase "sufficient visible evidence" in the second paragraph of Part 1 means that the Soviet Union will take steps to ensure that States Parties may observe by national technical means (or Open Skies aircraft should such a regime be established) the results of the reductions conducted outside the area of application. The phrase does not imply a right of the other States Parties to conduct on-site inspections within the Soviet Union in order to verify the results of such out-of-area reductions.

The third paragraph of Part 1 provides that elimination of armaments in the Treaty-limited categories will also be carried out subsequently as their operational and service life is expended.

The first paragraph of Part 2 provides that the Union of Soviet Socialist Republics, in the period between January 1989 and signature of the treaty on November 19, 1990, in connection with activities related to unilateral reductions of the Soviet armed forces, the withdrawal of Soviet troops from the countries of Eastern Europe and adaptation of the armed forces to the new defensive doctrine, withdrew beyond the Urals the following numbers of conventional armaments and equipment in the Treaty-limited categories: 16,400 battle tanks, 15,900 armored combat vehicles, and 25,000 pieces of artillery.

The second paragraph of Part 2 provides that, of the numbers of armaments and equipment referred to in the first paragraph of Part 2, 8,000 battle tanks, 11,200 armored combat vehicles, and 1,600 pieces of artillery have been turned over to military units and submits in the eastern Soviet Union for the purpose of re-equipping them and supplementing their armaments.

The third paragraph of Part 2 provides that another part of the conventional armaments and equipment in the Treaty-limited categories, which have been transferred beyond the Urals (8,400 battle tanks, 4,700 armored combat vehicles, and 16,400 pieces of artillery), has been placed in storage. The third paragraph also provides that, in addition, 7,000 pieces of artillery are being used for replacement and repair.

The fourth paragraph of Part 2 provides that these stored conventional armaments and equipment withdrawn beyond the Urals will be used up in the process of replacing obsolete armaments and equipment that have expended their established operational and service life and, in the eastern Soviet Union, also in supplementing units.

The fifth paragraph of Part 2 provides that, with respect to the armaments and equipment transferred beyond the Urals before signature of the Treaty that have been placed in storage or are used for replacement and repair beyond the Urals, upon entry into force of the Treaty information will be provided to all States Parties about the locations and numbers of battle tanks, armored combat vehicles and pieces of artillery at such locations as of July 1, 1991. The fifth paragraph also provides that armaments in each of these categories (battle tanks, armored combat vehicles, and pieces of artillery) will be stored separately.

The first paragraph of Part 3 provides that the conventional armaments and equipment in the Treaty-limited categories withdrawn beyond the Urals prior to signature of the Treaty will not be used to create a strategic reserve or operational groupings, and will not be stored in a way permitting their rapid return to the area of application of the Treaty, that is, such armaments and equipment withdrawn beyond the Urals will not be stored in sets for military formations.

With regard to the first paragraph, the term "operational groupings" is intended to refer to division level and higher formations.

The second paragraph of Part 3 provides that military formations and units deployed within the area of application of the Treaty will be organized in line with Soviet defensive doctrine and taking into account the sufficiency levels of armaments established by the Treaty for a single State.

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