Article IX consists of two paragraphs. This Article provides for the removal by decommissioning of conventional armaments and equipment limited by the Treaty from service with States Parties' conventional armed forces within the area of application.

The purpose of Article IX is to facilitate modernization of a States Party's conventional armed forces within the area of application when that State Party's actual holdings are at or near its maximum levels for holdings. Article IX, when read in conjunction with the main counting rule set forth in Article III(i)(D), permits a State Party to remove a certain number of treaty-limited armaments and equipment from service with its conventional armed forces, and thus not count them under the numerical limitations set forth in the treaty, without first having to reduce them in accordance with Article VIII. This allows a State Party to bring a similar number of new Treaty-limited armaments into the area of application to replace (i.e., modernize) the older armaments without having first to destroy (or otherwise reduce) those older armaments. This procedure allows a State Party to keep its units operationally up to strength during the modernization process without having to run the risk of exceeding a numerical limitation. Of course, States Parties may modernize without recourse to Article IX. However, in such cases, they would first have to remove the older item form Treaty-accountability (by, for example, reduction or export) before the new item could be brought into the area (assuming that the State Party was already at its maximum levels for holdings for that particular category of item).

Reduction and decommissioning are not synonymous. A State Party's Treaty-limited armaments and equipment may only be reduced through the agreed reduction procedures; Treaty-limited armaments and equipment decommissioned in accordance with Article IX are not considered reduced for purposes of Article VIII. As a result, they do not in any way affect a State Party's reduction liability. Once Treaty-limited armaments and equipment have been decommissioned, they must be disposed of either by reduction or removal from the area of application.

The chapeau to paragraph 1 of Article IX provides that, other than removal from service pursuant to article VIII, battle tanks, armored combat vehicles, artillery, combat aircraft, and attack helicopters within the area of application may be removed from service only by decommissioning. Thus, conventional armaments and equipment limited by the Treaty may be removed from service only by reduction in accordance with Article VIII or by decommissioning in accordance with Article IX. Items removed from service by either reduction or decommissioning are no longer subject to the numerical limitations set forth in the Treaty, It should be noted that, as an alternative to decommissioning, States Parties may remove conventional armaments and equipment limited by the Treaty from the area of application and thus also from Treaty accountability. This alternative approach is the likely course for States Parties with territory outside of the area of application. Of course, as in decommissioning, such removals in no way affect or reduce a State Party's reduction liability.

Subparagraphs (A) and (B) of paragraph 1 of Article IX place certain conditions on the number of, and the manner in which, Treaty-limited armaments and equipment may be decommissioned. Subparagraph (A) provides that conventional armaments and equipment limited by the Treaty may be decommissioned and must await disposal at no more than eight locations that must be declared sites. Subparagraph (A) adds that such sites shall be notified as declared sites. Subparagraph (A) further provides that if such sites also contain any other conventional armaments and equipment subject to the Treaty, the decommissioned armaments and equipment must be separately distinguishable from them.

Subparagraph (B) of paragraph 1 of Article IX restricts the number of conventional armaments and equipment limited by the Treaty that a State Party may decommission and, at any one time, hold awaiting disposal at decommissioning sites. Subparagraph (B) provides that the number of decommissioned armaments and equipment held by a State Party may not exceed either: (a) one percent of its notified holdings of conventional armaments, and equipment limited by the Treaty or (b) a total of 250, which ever is greater. Subparagraph (B) further provides that of the 250 permissible decommissioned armaments and equipment, no more than 200 shall be a combination of battle tanks, armored combat vehicles, and pieces of artillery, and no more than 50 shall be a combination of combat aircraft and attack helicopters.

The purpose of the two limits in subparagraph (B) of paragraph 1 is to provide protection against circumvention of the Treaty's ceilings through the stockpiling of decommissioned items. However, subparagraph (B) is ambiguous as to how the two limits (i.e., the "one percent" rule versus the flat 250 limits) are to work in conjunction with one another. One way to interpret subparagraph (b) is to maintain that if a State Party has more than 250 Treaty-limited armaments and equipment in decommissioned status awaiting disposal (i.e., if one percent of its notified holdings exceeds 250), the same proportion of 200 to 50 between battle tanks, armored combat vehicles, and pieces of artillery, on the one hand, and between combat aircraft and attack helicopters, on the other hand, shall apply.

For example, consider a situation in which a State Party has 50,000 conventional armaments and equipment limited by the Treaty within the area of application and has decommissioned and awaiting disposal one percent of them, i.e., 500. In such a case, no more than 80 percent, or 400, of such items may be battle tanks, armored combat vehicles, and pieces of artillery. Similarly, the remaining 20,percent, or 100, would have to consist of combat aircraft, attack helicopters, or some combination thereof.

It should be noted that although the eight decommissioning sites must be notified as declared sites under subparagraph (A), the decommissioning sites themselves are not included under the definition of objects of verification in subparagraph (J) of paragraph 1 of Section I of the Protocol on Inspection. This is because decommissioned armaments and equipment are not object of verification since they are not counted under the Treaty pursuant to Article III(l)(D). However, declared sites are defined in subparagraph (N) of paragraph 1 of Section I of the Protocol on Inspection as facilities that contain one or more objects of verification. Thus, the treatment of decommissioning sites as declared sites represents an implicit exception to the definition of the term "declared site." Decommissioning sites are therefore subject to declared site inspections under Section VII of the Protocol on Inspection without right of refusal by the inspected State Party.

It should also be noted that subparagraph (A) is ambiguous as to whether the limit of eight decommissioning sites represents a restriction on each State Party or on each group of States Parties. However, it is understood that the limit applies to each State Party and not to each group. This is because the counting rule exemptions for decommissioned items set forth in Article III relate to the practices of individual States Parties, rather than to the practices of groups of States Parties.

Paragraph 2 of Article IX requires that a State party provide notification of decommissioning to all other States Parties once a year in accordance with subparagraph (B) of paragraph 1 of Section IX of the Protocol on Information Exchange and must include the number and types of conventional armaments and equipment limited by the Treaty that have been removed from service during the previous 12 months pursuant to the decommissioning process under Article IX.

Finally, it should be noted that Article IX has been applied provisionally between signature and entry into force of the Treaty pursuant to subparagraph I(C) of the Protocol on Provisional Application. This permits each State Party to decommission armaments and equipment prior to entry into force, but at the same time limits such decommissioning by a State Party to the levels specified in subparagraph l(B) of the Article (i.e., no more than 250 or one percent, whichever is greater, at any one time).

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Article X consists of 11 paragraphs. This Article, along with paragraph 1 of Article IV, sets forth the principal substantive provisions concerning designated permanent storage sites. The designated permanent storage site regime was designed by the Group of 16 to protect the right of the United States to maintain substantial POMCUS ("Prepositioned Material Configured to Unit Sets") Stocks in Germany (i.e., the subzone described in paragraph 4 of Article IV) and to limit the number of Treaty-limited armaments and equipment held by active units, thereby decreasing their combat readiness. Decreased readiness in turn means a lowered capability to conduct a surprise attack. The term "designated permanent storage site" is defined in Article II(l)(H).

The designated permanent storage site regime is applicable only to conventional armaments and equipment limited by the Treaty in the three categories of battle tanks, armored combat vehicles, and artillery. Combat aircraft and attack helicopters are not subject to the designated permanent storage site provisions. The reason for this distinction resides in the fact that, pursuant to Articles IV and V, only battle tanks, armored combat vehicles, and artillery are subject to the active unit and regional sublimits. Combat aircraft and attack helicopters are not subject to such sublimits. Article X makes clear that battle tanks, armored combat vehicles, and artillery located in designated permanent storage sites are counted as not being in active units and that such armaments and equipment not in such sites are counted as being in active units. Restrictions on the number of such Treaty-limited armaments and equipment that may be placed in designated permanent storage sites and where such sites may be located within the area of application are set forth in Articles IV and V of the Treaty. As a general rule, battle tanks, armored combat vehicles, and artillery within the overall numerical limitations set forth in Article IV(l) but above the active unit sublimits set forth in Articles IV and V must be located in designated permanent storage sites. Designated permanent storage sites are deemed objects of verification and are thereby declared in accordance with Section I of the Protocol on Inspection.

Paragraph 1 of Article X provides that designated permanent storage sites must be notified to all other States Parties in accordance with the Protocol on Information Exchange by the State Party to which the conventional armaments and equipment limited by the Treaty contained at such designated sites belong. Paragraph I further provides that such notification must include the designation and location, with geographic coordinates, of each designated permanent storage site, as well as the numbers and types of each category of conventional armaments and equipment limited by the Treaty held by that State Party at each such storage site.

Paragraph 2 of Article X provides that each designated permanent storage site may contain only facilities appropriate for the storage and maintenance of armaments and equipment limited by the Treaty (e.g., warehouses, garages, workshops, and associated stores as well as other support accommodation). Paragraph 2 also provides that such storage sites may not contain firing ranges or training areas associated with conventional armaments and equipment limited by the Treaty.

Finally, paragraph 2 provides that designated permanent storage sites may contain only armaments and equipment that belong to the conventional armed forces of a State Party. The purpose of this provision is to prohibit storage of, for example, paramilitary armaments and equipment in designated permanent storage sites.

Paragraph 3 of Article X provides that each designated permanent storage site must have a clearly defined physical boundary consisting of a continuous perimeter fence at least 1.5 meters in height. Paragraph 3 further provides that the perimeter fence may have no more than three gates that provide the sole means for exit and entrance for armaments and equipment.

Paragraph 4 of Article X provides that conventional armaments and equipment limited by the Treaty located within a designated permanent storage site will be counted as not being in active units, including when they are temporarily removed in accordance with paragraph 7 or paragraphs 8, 9 and 10 of Article X. Paragraph 4 also provides that armaments and equipment limited by the Treaty in storage other than in designated permanent storage sites must be counted as being in active units.

Thus, paragraph 4 sets forth three important counting rules not listed in Article III of the Treaty. First, paragraph 4 makes clear that battle tanks, armored combat vehicles, and artillery in designated permanent storage sites will not be counted as being in active units. This principal counting rule also, in effect, provides an informal or working definition of the term "active unit" (i.e., an active unit is a unit or formation not designated as being in a designated permanent storage site, or in any other facility, including storage sites, holding Treaty-limited armaments and equipment that has not been designated as a designated permanent storage site). In this regard, it should be noted that a formal definition of the term "active unit" is not provided for in the Treaty.

Second, under those conditions specified in paragraphs 7 through 10 of the Article, conventional armaments and equipment notified as being in designated permanent storage sites will be counted as being in such sites even when they have been temporarily removed. This second point constitutes an exception to the first point. The exception was necessary in order to allow States Parties to remove Treaty-limited armaments and equipment from designated permanent storage sites for the purposes of maintenance or exercises without violating the active unit subceiling.

Third, Treaty-limited armaments and equipment located in all other types of storage sites will be counted as being inactive units. This rule both facilitates monitoring the distinction between Treaty-limited armaments and equipment in active units and Treaty-limited armaments and equipment in designated permanent storage sites and ensures that only armaments and equipment subject to the requirements of the designated permanent storage site regime are exempt from the active unit sublimits.

Paragraph 5 of Article X provides that active units or formations may not be located within designated permanent storage sites, except as provided in paragraph 6 of the Article.

Paragraph 6 of Article X provides that only personnel associated with the security or operation of a designated permanent storage site or the maintenance of armaments and equipment stored therein may be located within designated permanent storage sites.

Paragraphs 5 and 6 of Article X must be read together. The purpose of these two paragraphs is to make clear that Treaty-limited armaments and equipment counted as active units and Treaty-limited armaments and equipment in designated permanent storage sites may not be mixed, except to the extent that personnel assigned to active units whose responsibility is maintenance of equipment may be located within designated permanent storage sites. In turn, this helps to facilitate monitoring of the distinction between those Treaty-limited armaments and equipment in designated permanent storage and those inactive units and also helps to ensure that no State Party will maintain active units disguised as units in designated permanent storage. On the other hand, it must be noted that paragraphs 5 and 6 do not prohibit a State Party from locating a designated permanent storage site next to an active unit.

Paragraph 7 of Article X provides that, for the purpose of maintenance, repair, or modification of conventional armaments and equipment limited by the treaty located within the designated permanent storage site, each State Party may - without prior notification - remove simultaneously up to 10 percent (rounded up to the nearest whole number) of notified holdings in each category in each designated permanent storage site or 10 items of the conventional armaments and equipment limited by the Treaty in each category in each designated permanent storage site, whichever is less. Of course, items removed for these purposes would, pursuant to the counting rule set forth in paragraph 4 of the Article, continue to be counted as being in designated permanent storage. As such, paragraph 7, in effect, constitutes a narrow exception to the general counting rule set forth in paragraph 4.

Paragraph 8 of Article X states that, except as provided for in paragraph 7 above, no State Party may remove conventional armaments and equipment limited by the treaty from designated permanent storage sites, unless notification has been provided to all other States Parties at least 42 days in advance of such removal. Paragraph 8 further provides that the State Party responsible for making the notification is the one to which the armaments belong, rather than the State Party on whose territory the site is located.

Paragraph 8 of Article X also provides that the required notification must specify:

Paragraph 9 of Article X states that, except as provided for in paragraph 7 above, the aggregate numbers of conventional armaments and equipment limited by the Treaty removed from and retained outside designated permanent storage sites belonging to the same group of States Parties must not exceed at any one time:

Paragraph 10 of Article X provides that conventional armaments and equipment limited by the Treaty that have been removed from designated permanent storage sites pursuant to paragraphs 8 and 9 must be returned no later than 42 days after such removal, except if the item was removed for the purpose of industrial rebuild. In such special cases, items removed must be returned to designated permanent storage sites immediately after the rebuilding.

Paragraph 11 of Article X provides that each State Party shall have the right to replace conventional armaments and equipment limited by the Treaty that are located in designated permanent storage sites. Paragraph 11 also provides that the State Party undertaking the replacement must notify all other State Parties at the beginning of replacement of the numbers, locations, types, and disposition of the armaments and equipment being replaced.

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Article XI consists of 7 paragraphs. This Article sets forth the principal provisions concerning armored vehicle launched bridges. The term "armored vehicle launched bridge" is defined in Article II(l)(1). Armored vehicle launched bridges are an important component of combined arms formations. They expedite large-scale offensive actions by enabling an attacking force to move rapidly over difficult terrain, such as streams and gullies. The principal purpose of Article XI is to place numerical restrictions on the number of such items in active units in each group of States Parties in order to limit the potential for surprise attack during the residual phase of the Treaty.

Paragraph 1 of Article XI provides that each State Party shall limit its armored vehicle launched bridges so that, 40 months after entry into force of the Treaty and thereafter, for the group of States Parties to which it belongs to aggregate number of armored vehicle launched bridges in active units within the area of application does not exceed 740.

There are two points worthy of note with respect to paragraph 1 of Article XI. First, the overall limit of 740 per group extends only to armored vehicle launched bridges in active units. Thus, there is no limit to the number of such items that each State Party may possess, provided that any in excess of its group limit of 740 are stored in designated permanent storage sites. This type of restriction is in contrast to that for the Treaty-limited categories of battle tanks, armored combat vehicles, artillery, combat aircraft, and attack helicopters set forth in paragraph 1 of Article IV of the Treaty, for which overall numerical limitations as well as active unit sublimits are set.

Second, Article VII of the Treaty and its concept of maximum levels for holdings does not encompass armored vehicle launched bridges, even though the limitation on them is set forth on a group-to-group basis. This means that there is no formal legal mechanism for holding individual States Parties accountable for violations of the 740 group limit on holdings in active units. The reason for this difference in approach is that armored vehicle launched bridges are not deemed conventional armaments and equipment limited by the Treaty and thus do not have the same level of importance as do the five numerically-limited categories under Article IV.

Paragraph 2 of Article XI provides that all armored vehicle launched bridges within the area of application in excess of the aggregate limit of 740 on holdings in active units for each group of States Parties must be placed in designated permanent storage sites. Paragraph 2 of Article XI further provides that when armored vehicle launched bridges are stored in designated permanent storage sites, either on their own or together with conventional armaments and equipment limited by the Treaty, the storage and counting provisions of the first six paragraphs of Article X shall apply to them also. Paragraph 2 in addition provides that armored vehicle launched bridges stored in designated permanent storage sites are not considered as being in active units. This counting rule follows directly from the counting rule set forth in paragraph 4 of Article X. Also, it should be noted that, as a result of the restrictions on designated permanent storage sites in the flank area, all armored vehicle launched bridges held by States Parties whose territory is located in the flank area will, with one exception, count against the 740 limit for their group. The exception is that the Soviet Union is permitted under Article IV(l) to locate designated permanent storage sites in the Odessa Military District and the southern part of the Leningrad Military District. Thus, the Soviets have the right to site armored vehicle launched bridges in those parts of the flank area.

Paragraph 3 of Article XI states that, except as provided for in paragraph 6 of the Article, armored vehicle launched bridges may be removed, subject to paragraphs 4 and 5 of the Article, from designated permanent storage sites only after notification has been provided to all other States Parties at least 42 days in advance. Such notice must include:

Paragraph 4 of Article XI provides that armored vehicle launched bridges removed from designated permanent storage sites must be returned no later than 42 days after the actual date of removal unless, pursuant to paragraph 6 of the Article, they are undergoing maintenance or modification.

Paragraph 5 of Article XI provides that the number for each group of States Parties of armored vehicle launched bridges removed and retained outside designated permanent storage sites may not exceed 50 at any one time.

Paragraph 6 of Article XI provides that each State Party may, for the purpose of maintenance or modification, remove and have outside designated permanent storage sites up to either:

Paragraph 7 of Article XI provides that in the event of natural disasters involving flooding or damage to permanent bridges, a State Party shall have the right to withdraw armored vehicle launched bridges from designated permanent storage sites to meet the need for bridges. Paragraph 7 further provides that notification of such withdrawal must be given to all other States parties by the withdrawing State Party at the time of withdrawal. Note that paragraph 7 neither places a limit on the number of armored vehicle launched bridges that may be withdrawn nor places a limit on the length of time that such items may be removed for disaster relief.

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Article XII consists of two paragraphs. This Article places special numerical limitations on armored infantry fighting vehicles held by internal security organizations within the area of application. In this regard, such organizations would include paramilitary units such as the Soviet Union's KGB and MVD troops.

Article XII provides for such special numerical limitations by modifying the principal counting rule on internal security units set forth in Article 111(l)(F) of the Treaty. That provision states that armored personnel carriers, armored infantry fighting vehicles, heavy armament combat vehicles, or multipurpose attack helicopters held by organizations designed and structured to perform, in peacetime, internal security functions are not counted under the numerical limitations set forth in Articles IV, V, and VI of the Treaty. This special exception in Article III(l)(F) does not extend to battle tanks, artillery, combat aircraft, and specialized attack helicopters. Those categories of Treaty-limited armaments and equipment continue to be subject to numerical limitations set forth in Articles IV, V, and VI even when they are held by internal security organizations.

Paragraph 1 of Article XII begins by reiterating that armored infantry fighting vehicles held by internal security organizations, which are not structured and organized for ground combat against an external enemy, are not limited by the Treaty. However, paragraph 1 further provides that, notwithstanding that general counting rule, in order to enhance the implementation of the Treaty and to provide assurance that the number of such armaments held by internal security organizations will not be used to circumvent the Treaty, armored infantry fighting vehicles in a excess of 1,000 assigned by a State Party to such internal security units shall count against the Treaty's numerical limitations set forth in Articles IV, V, and VI. Paragraph 1 of Article XII also provides for a sublimit in which no more than 600 such vehicles may be located in that part of the territory of a State Party that is within the flank area (i.e., that part of the area of application described in Article V(1)(A)). Finally, paragraph 1 provides that each State Party must ensure that its internal security organizations refrain from the acquisition of combat capabilities in excess of those necessary for meeting internal security requirements.

Paragraph 2 of Article XII provides that if a State Party intends to reassign battle tanks, armored infantry fighting vehicles, artillery, combat aircraft, attack helicopters, and armored vehicle launched bridges in service with its conventional armed forces to any organization of that State Party not part of its conventional armed forces (e.g., internal security organizations), it must notify all other States Parties no later than the date of such reassignment taking effect. Paragraph 2 further provides that the notification must specify:

The principal purpose of the notification required by paragraph 2 is to enhance confidence that no State Party is attempting to circumvent the Treaty by using Treaty-limited armaments and equipment to build up its internal security organizations. Paragraph 2 also facilitates verification of those armaments and equipment held by internal security units that are subject to the numerical limitations set forth in Articles IV, V, and VI (i.e., battle tanks, artillery, combat aircraft, and specialized attack helicopters) as well as armored infantry fighting vehicles (which are subject to the special limitation set forth in paragraph 1 of Article XII).

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Article XIII consists of three paragraphs. This Article sets forth the basic obligations for notification and information exchanges required by the Treaty and in particular by the Protocol on Information Exchange and its Annex on Format. The required notifications and information exchanges are wide-ranging in scope and represent important adjuncts to verification as well as major stabilizing measures in and of themselves.

Paragraph 1 of Article XIII provides that, for the purpose of ensuring verification of compliance with the provisions of this Treaty, each State Party shall provide notifications and exchange information pertaining to its conventional armaments and equipment in accordance with the Protocol on Information Exchange. The Protocol, in turn, provides that the required information be exchanged in accordance with the Annex on Format.

Paragraph 2 of Article XIII provides that the notifications and exchanges of information required by the Protocol on Information Exchange shall be provided in accordance with Article XVII of the Treaty. In this regard, the Protocol does not provide a comprehensive listing of all notifications required by the Treaty. Indeed, a number of notifications are referred to only in the relevant substantive provisions of the Treaty (e.g., Protocol on Reduction or Protocol on Inspection). The negotiators understood that many of those notifications not specifically delineated in the Protocol on Information Exchange did not lend themselves to reporting in accordance with Article XVII. In order to distinguish such notifications and those required to be provided in accordance with Article XVII, Section XIII of the Protocol on Information Exchange provides that the Joint Consultative Group shall develop a listing of required notifications between Treaty signature and entry in force.

Paragraph 3 of Article XIII provides that each State Party shall be responsible for its own information. It adds that receipt of such information and of notifications shall not imply validation or acceptance of the information provided. The purpose of this paragraph is to make clear that States Parties are responsible for their own information and are not obligated to accept the accuracy of information provided by other States Parties.

Finally, it should be noted that Article XIII has been applied provisionally between signature and entry into force of the Treaty pursuant to subparagraph I(D) of the Protocol on Provisional Application. The State Parties are therefore legally obligated to comply with all three paragraphs of Article XIII even though the Treaty is not yet in force. This ensures that the States Parties are obligated to provide information prior to entry into force as required by the Treaty (and in particular the Protocol on Information Exchange), and that such information must be transmitted in accordance with Article XVII (i.e., through official channels).

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