| 26-01-2024 |
Party |
Party
Italy modified
- Objections: Yes
-
added reservation
28-11-2023
The Embassy of Italy, on behalf of the Government of the Italian Republic, hereby
provides notice of the decision of the Government of the Italian Republic to suspend
the operation of all of its obligations under the CFE Treaty as well as the Flank
Document Agreement to the CFE Treaty, done at Vienna on 31 May 1996, as between itself
and every other State Party, in light of a fundamental change of circumstances. This
suspension will take effect on 7 December 2023. Under customary international law
as reflected in Article 62 of the Vienna Convention on the Law of Treaties (VCLT),
a State may invoke a fundamental change of circumstances as a ground for suspending
the operation of a treaty. The Russian Federation's full-scale war of aggression against
another CFE Treaty State Party, combined with the Russian Federation's withdrawal
from the CFE Treaty, together represent a fundamental change in circumstances. Indeed,
the existence of the aforementioned circumstances constituted an essential basis of
the consent of the Parties to be bound by the Treaty, and the effect of their change
is to radically transform the extent of obligations still to be performed under the
Treaty. At the time the CFE Treaty was concluded, it was not foreseen by the signatory
States that one State Party would conduct a full-scale invasion of another State Party
and perpetrate a war of aggression that would result in the upending of the security
landscape in Europe. The Russian Federation's full-scale invasion of Ukraine beginning
in February 2022 is the largest and most consequential armed conflict in Europe since
World War II and has led numerous states, including the Italian Republic, to provide
significant political, financial, and materiel support to Ukraine's defense. It is
precisely the kind of large-scale conventional war that the CFE Treaty was designed
to prevent and is being fought with the very conventional forces that the treaty aims
to constrain. A full-scale war of aggression by one State Party against another is
a dramatic departure from the context in which the Parties undertook their CFE Treaty
obligations, and impacts an essential basis of their consent to be bound. Furthermore,
an essential and fundamental assumption in concluding the CFE Treaty was the continued
participation of the Russian Federation. It would have been inconceivable to the signatory
States to enter into the Treaty, with the constraints it places on their own forces,
without similarly constraining the Russian Federation's conventional armed forces.
Thus, the Russian Federation's withdrawal from the CFE Treaty, while consistent with
a general right provided in its Article XIX, represents a fundamental change in the
circumstances that formed an essential basis for the State Parties' consent to be
bound. The combination of the Russian Federation's withdrawal from the CFE Treaty
and its ongoing war of aggression has radically transformed the extent of the remaining
CFE Treaty obligations. Russia's actions have rendered these obligations essentially
different from those originally undertaken. The Government of the Italian Republic
emphasizes that it has chosen to suspend its obligations, rather than withdrawing
from the CFE Treaty, in light of the potential for reversal of the changed circumstances
and to preserve the possibility that performance of the CFE Treaty might resume should
such a reversal occur. The Embassy of Italy requests that the Depositary circulate
this Note expeditiously to all other State Parties to the CFE Treaty.
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| 15-12-2023 |
Party |
Party
Slovakia modified
- Objections: Yes
-
added reservation
12-12-2023
The Embassy of the Slovak Republic in The Hague […] has the honour to notify the Government
of the Kingdom of the Netherlands acting as Depositary of the Treaty on Conventional
Armed Forces in Europe concluded at Paris on 19 November 1990 (hereinafter referred
to as the "CFE Treaty") of the decision of the Slovak Republic to suspend, in accordance
with international law, the operation of the CFE Treaty in relations between the Slovak
Republic and the States Parties to the CFE Treaty. The Slovak Republic considers the
full scale invasion of the Russian Federation in the territory of Ukraine launched
on 24 February 2022 followed by the ongoing war of aggression against Ukraine and
the withdrawal of the Russian Federation from the CFE Treaty of 9 June 2023, with
effect from 7 November 2023, as fundamental change of circumstances with regard to
those existing at the time of the conclusion of the CFE Treaty which constituted an
essential basis for the consent of the State Parties to be bound by the CFE Treaty.
This change radically transformed the extent of obligations of States Parties under
the CFE Treaty and does not allow to fulfil the CFE Treaty object and purpose. The
Slovak Republic would appreciate the Depositary's prompt bringing this information
to the attention of all the States Parties to the CFE Treaty.
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| 08-12-2023 |
Party |
|
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| 01-12-2023 |
Party |
Party
Belarus modified
- Reservations / Declarations: Yes
-
added reservation
30-10-2023
[…] hereby declare, that in accordance with Article 60 of the Vienna Convention on
the Law of Treaties of 23 May 1969 the Republic of Belarus suspended the Treaty on
Conventional Armed Forces in Europe of 19 November 1990 in relation to the Republic
of Poland and the Czech Republic. The Republic of Belarus shall fulfill obligations
under the abovementioned Treaty in relation to the other States-Participants properly
and in good faith. […]
added objection to reservation
Objections Poland, 28-11-2023
In response to communication from the Republic of Belarus dated 30 October 2023 stating
that "in accordance with Article 60 of the Vienna Convention on the Law of Treaties
of 23 May 1969 the Republic of Belarus suspended the Treaty on Conventional Armed
Forces in Europe of 19 November 1990 in relation to the Republic of Poland" hereby
the Republic of Poland objects to the abovementioned suspension in accordance with
Article 65 para. 2 of the Vienna Convention on the Law of Treaties of May 23 1969.
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| 28-11-2023 |
Party |
Party
Portugal modified
- Objections: Yes
-
added reservation
24-11-2023
The Embassy of Portugal in the Netherlands […] has the honour of notifying the Government
of the Kingdom of the Netherlands as Depositary of the Treaty of Conventional Armed
Forces in Europe, signed in Paris on 19 November 1990 (hereinafter the "CFE Treaty"),
of the intention of the Portuguese Republic to suspend its participation in that Treaty
in regard to all States Parties, for the following reasons: The Portuguese Republic
considers that the withdrawal by the Russian Federation on 7 November from the CFE
Treaty was just the latest in a series of deplorable actions that systematically undermine
Euro-Atlantic security and the rules-based international order, among which stands
out the ongoing illegal, unprovoked and unjustified war of aggression of the Russian
Federation against Ukraine, which blatantly violates international law, including
the purpose and the object of the CFE Treaty. Recognizing the role of the CFE Treaty
as a cornerstone to Euro-Atlantic security architecture, the Portuguese Republic also
takes into consideration that a situation whereby the remaining States Parties abide
by the CFE Treaty, while the Russian Federation does not, would be unsustainable.
The Portuguese Republic thus considers the withdrawal by the Russian Federation of
the CFE Treaty a fundamental change of circumstances with regard to those existing
at the time of the conclusion of the CFE Treaty amounting to an invokable ground for
suspending the operation of that treaty, as established under Article 62, paragraphs
1 and 3, of the Vienna Convention on the Law of Treaties. Indeed, in addition to the
fact that the status of the Russian Federation as Party to the CFE Treaty constituted
an essential basis of the consent of the Portuguese Republic to be bound by this treaty,
the effect of the abovementioned withdrawal also radically transforms the extent of
obligations still to be performed by the Portuguese Republic under the CFE Treaty.
For those reasons, the Portuguese Republic has decided to suspend its participation
in the CFE Treaty to allow for the possible return to the Treaty at a later date,
as the Portuguese Republic remains committed to the principles of the CFE Treaty of
effective conventional arms control as a key element of Euro-Atlantic security, to
reduce military risk and to build trust and confidence, based on key principles of
transparency, compliance, verification and reciprocity, thereby contributing to peace
and security. The Embassy of Portugal in the Netherlands would appreciate the Ministry
of Foreign Affairs of the Kingdom of the Netherlands acknowledging the receipt of
this notification via Note Verbale and bringing it to the attention of all States
Parties of the CFE Treaty, on the basis of and for the purposes of Articles 65 and
67 of the Vienna Convention on the Law of Treaties. In preparation of the suspension
of the participation of the Portuguese Republic in the CFE Treaty, the Ministry of
Foreign Affairs of the Kingdom of the Netherlands is also kindly requested to inform
the Embassy of Portugal in the Netherlands of any objection to such intention of the
Portuguese Republic, that may be raised in the three months following the notification
bringing it to the attention of said States Parties.
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| 27-11-2023 |
Party |
Party
Norway modified
- Objections: Yes
-
added reservation
23-11-2023
[…] the Government of the Kingdom of Norway has decided to suspend its participation
in the CFE Treaty in regard to all States Parties for the following reasons: On 9
June 2023, the Russian Federation notified its withdrawal from the CFE Treaty with
effect from 7 November 2023. As other States Parties, Norway regrets the Russian Federation's
withdrawal from the Treaty. The object and purpose of the CFE Treaty is to establish
stability and security in Europe through reciprocal arms limitations and mechanisms
to ensure transparency and to control that those limits are complied with. The essential
aim has been to eliminate the ability to launch surprise attacks and to initiate large-scale
offensive action in Europe. The Russian Federation's withdrawal marks a fundamental
departure from the circumstances that existed at the time of the conclusion of the
CFE Treaty and which constituted the essential reason for Norway and other States
Parties to consent to the Treaty. The Russian Federation's withdrawal hinders the
fulfilment of the CFE Treaty's object and purpose, and has radically transformed the
extent of the States Parties' obligations. Norway remains committed to the principles
of the CFE Treaty of effective conventional arms control as a key element of Euro-Atlantic
security. For this reason, Norway has decided to suspend its participation in the
CFE Treaty to allow for the possible return to the Treaty at a later date. Norway's
suspension of the CFE Treaty will come into effect 90 days after the receipt of this
note verbale. Norway would appreciate if the Ministry of Foreign Affairs of the Kingdom
of the Netherlands could bring this notification to the attention of all States Parties
to the CFE Treaty.
|
| 20-11-2023 |
Party |
Party
Iceland modified
- Objections: Yes
-
added reservation
15-11-2023
The Ministry for Foreign Affairs of Iceland […] has the honour of notifying the Government
of the Kingdom of Netherland as Depositary of the Treaty on Conventional Armed Forces
in Europe, signed in Paris on 19 November 1990 (the "CFE Treaty"), that the Government
of Iceland has determined to suspend operation of the CFE Treaty. The CFE Treaty has
been the cornerstone of the Euro-Atlantic security architecture since 1990 and its
purpose was to establish stability and security in Europe. The Russian Federation's
full-scale invasion of another CFE Treaty State Party, Ukraine, is in strict violation
of the objectives of the CFE Treaty. Further to this the Russian Federation gave notice
of its withdrawal from the CFE Treaty on 9 June 2023, with effect from 7 November
2023. These extraordinary events and actions by the Russian Federation have fundamentally
changed the basis and circumstances on which the CFE Treaty was concluded and undermines
Euro-Atlantic Security. The Russian Federation's participation in the CFE Treaty was
an essential basis for the State Parties to enter into its obligations under the CFE
Treaty. The Government of Iceland emphasizes that it has chosen to suspend its obligation
under the CFE Treaty rather than withdrawing from the Treaty, to preserve the possibility
that performance of the CFE Treaty might resume should a reversal of the changed circumstances
occur. Iceland remains committed to the principles of the CFE Treaty on effective
arms control, stability, and security in Europe. Considering the aforementioned, the
Government of Iceland has determined to suspend its participation in [the] CFE Treaty.
This suspension will take effect 150 days after receipt of this note verbale. The
Ministry for Foreign Affairs of Iceland would appreciate the Ministry of Foreign Affairs
of the Kingdom of the Netherlands bringing this notification to the attention of all
State Parties of the CFE Treaty.
|
| 16-11-2023 |
Party |
Party
Romania modified
- Objections: Yes
-
added reservation
14-11-2023
The Embassy of Romania […] has the honour to refer to the Treaty on Conventional Armed
Forces in Europe (Paris, 19 November 1990) ("the Treaty"), for which the Ministry
of Foreign Affairs of the Kingdom of the Netherlands acts as depositary. The Embassy
hereby notifies the Ministry of Foreign Affairs of the Kingdom of the Netherlands
of Romania's intention to suspend the application of the said Treaty, as well as of
the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces
in Europe (Vienna, 31 May 1996) (the Flank Document Agreement), as between Romania
and the other States parties. The suspension of the Treaty shall come into effect
on 14 December 2023. Romania has taken this decision in light of the Russian Federation's
aggression against Ukraine, which is ongoing, as well as of the Russian Federation's
withdrawal from the Treaty. These actions cumulatively amount to a fundamental change
of circumstances, which could not be foreseen at the time of the conclusion of the
Treaty, and which affect the fundamental basis of Romania's consent to be bound by
the Treaty, and fundamentally alter the obligations that Romania would have to perform
in accordance with the Treaty. Romania is thus justified in suspending the application
of the Treaty, in accordance with the norms of customary international law, as reflected
in the Convention on the Law of Treaties (Vienna, 23 May 1969). The Embassy of Romania
kindly requests the Ministry of Foreign Affairs of the Kingdom of the Netherlands
to circulate the current notification to the other States parties.
|
| 14-11-2023 |
Party |
Party
Belgium modified
- Objections: Yes
-
added reservation
07-11-2023
The Embassy of the Kingdom of Belgium in The Hague […] has the honour to notify the
Government of the Kingdom of the Netherlands, as depositary of the Treaty on Conventional
Armed Forces in Europe of 19 November 1990, of the Kingdom of Belgium's decision to
suspend the operation of the Treaty on Conventional Armed Forces in Europe of 19 November
1990 (hereafter: "the CFE Treaty"). In accordance with Article 65 (1) of the Vienna
Convention on the Law of Treaties of 23 May 1969, the Kingdom of Belgium wishes to
inform the other States Parties of the reason for its full suspension of the operation
of the CFE Treaty. Two circumstances, which constituted an essential basis of the
consent of the States Parties to be bound by the CFE Treaty, have fundamentally changed
since its conclusion, and radically transform the extent of the obligations still
to be performed under the CFE Treaty. First, the Russian Federation's invasion of
Ukraine that started in February 2022 has radically transformed the security landscape
in Europe. This invasion has undermined the stability on the European continent, which
constituted an essential basis of States Parties' consent to be bound by the CFE Treaty.
Secondly, the Russian Federation's withdrawal from the CFE treaty has rendered the
continued performance of obligations under the CFE Treaty excessively burdensome and
unreasonable. The Russian Federation's withdrawal from the CFE Treaty has fundamentally
changed the aspect of reciprocity, which is a core element of the CFE Treaty. The
Russian Federation's invasion of Ukraine, in conjunction with its withdrawal from
the CFE Treaty, radically transforms the extent of the obligations still to be performed
under the CFE Treaty, in such a way that they can no longer be reasonably expected
to be fulfilled. The Kingdom of Belgium, remaining fully committed to the principle
of pacta sunt servanda to the largest extent possible and in line with its continued
desire to preserve the legal framework for arms control in Europe, thus considers
the full suspension of the operation of the CFE Treaty to be an adequate and proportionate
measure in light of the circumstances described above. The Embassy of the Kingdom
of Belgium respectfully requests the Government of the Kingdom of the Netherlands,
as depositary of the CFE Treaty, to inform all States Parties to the CFE Treaty of
the Kingdom of Belgium's decision to suspend the operation of the CFE Treaty.
Luxembourg modified
- Objections: Yes
-
added reservation
07-11-2023
[…]. The Government of the Grand Duchy of Luxembourg hereby wishes to inform the depositary
of its full suspension of the operation of the aforementioned CFE Treaty, in accordance
with Article 65, paragraph 1, of the Vienna Convention on the Law of Treaties of 23
May 1969. The Government of the Grand Duchy of Luxembourg bases its decision to suspend,
in accordance with Article 62 of the Vienna Convention on the Law of Treaties, on
the fact that the current circumstances differ fundamentally from the circumstances
existing at the time of the conclusion of the CFE Treaty. The withdrawal by the Russian
Federation from the CFE Treaty undermines the CFE Treaty's core principle of reciprocity,
leaving States Parties with excessively burdensome and unreasonable obligations. Furthermore,
the Russian Federation's illegitimate and illegal invasion of Ukraine has fundamentally
transformed the foundation of the European security architecture and undermined its
stability. The former European security landscape was an essential factor for the
States Parties' consent to be bound by the CFE Treaty. The Government of the Grand
Duchy of Luxembourg is of the view that the withdrawal by the Russian Federation from
the CFE Treaty on 7 November 2023, in conjunction with the ongoing war of aggression
by the Russian Federation against Ukraine, which is contrary to the CFE Treaty's objectives,
cannot remain without consequences for the relations between the States Parties to
the CFE Treaty. Consequently, the Embassy of the Grand Duchy of Luxembourg in The
Hague kindly requests the depository to acknowledge receipt of this Note and to inform
all States Parties to the CFE Treaty of the Grand Duchy of Luxembourg's decision to
suspend its operation.
|
| 14-11-2023 |
Party |
Party
Germany modified
-
added reservation
10-11-2023
The Federal Foreign Office […] has the honour […] to inform the Government of the
Kingdom of the Netherlands as Depositary of the Treaty of Conventional Armed Forces
in Europe signed in Paris on 19 November 1990, hereinafter referred to as "the CFE
Treaty", that the Federal Republic of Germany has decided to suspend the operation
of the CFE Treaty in regard to all States Parties for the following reasons: The Russian
Federation notified on 9 June 2023 its withdrawal from the CFE Treaty with effect
from 7 November 2023. Since 24 February 2022, the Russian Federation, supported by
Belarus, has been waging a war of aggression against Ukraine which fundamentally violates
the object and purpose of the CFE Treaty. The withdrawal of the Russian Federation
from the CFE Treaty is the latest in a series of actions that systematically undermine
Europe's security architecture. Russia's war of aggression against Ukraine constitutes
a flagrant breach of fundamental principles of international law as enshrined in the
Charter of the United Nations, the CSCE Final Act and the Charter of Paris. Both actions
are unforeseen events of an extraordinary character which have adversely affected
the Federal Republic of Germany's supreme interests. These actions have fundamentally
changed the basis on which the CFE Treaty was concluded. This basis was characterised
by the principles of non-violence, sovereignty and territorial integrity of all states.
The core objective of the States Parties was to establish stability and security in
Europe and to eliminate the capability to launch surprise attacks and large-scale
offensives. For the Federal Republic of Germany, these aspects constituted an essential
basis for being bound by the CFE Treaty. As the obligations under the CFE Treaty were
based on the principles of mutual balance of military forces in Europe and legal reciprocity,
Russia's definite withdrawal from the Treaty has also fundamentally affected the extent
of Germany's remaining obligations under the CFE Treaty. For, due to the design of
the CFE Treaty and Russia's weight as a State Party, they have now become to a large
extent unilateral obligations and have been deprived of their most substantial reward.
The Federal Republic of Germany remains committed to the principles underpinning the
CFE Treaty of effective conventional arms control as a key element of Euro-Atlantic
security. For this reason, the Federal Republic of Germany has decided to suspend
its obligations under the CFE Treaty, leaving open the possibility of returning to
treaty implementation at a later date. The Federal Republic of Germany will notify
the Ministry of Foreign Affairs of the Kingdom of the Netherlands of the coming into
effect of the suspension of Germany's obligations under the CFE Treaty 150 days after
receipt of this Note Verbale. The Federal Republic of Germany would appreciate the
Ministry of Foreign Affairs of the Kingdom of the Netherlands bringing this notification
to the attention of all States Parties of the CFE Treaty.
Greece modified
-
added reservation
09-11-2023
The Embassy of the Hellenic Republic in The Hague […] has the honour to refer to the
Treaty on Conventional Armed Forces in Europe (CFE), of which the Government of the
Kingdom of the Netherlands is the Depositary. The CFE Treaty is the cornerstone of
the Euro-Atlantic Security architecture. The Russian Federation's decision to withdraw,
as well as the war of aggression against Ukraine, are the contrary to the CFE Treaty's
aim and objectives, disregarding arms control, including key principles of reciprocity,
transparency, compliance, verification and host nation consent, and undermined Euro-Atlantic
Security and the rules based international order. Therefore the Hellenic Republic
has decided to suspend the operation of the CFE Treaty for as long as necessary, in
accordance with its rights under international law and in line with the decision taken
(on November 7, 2023) by the North Atlantic Council on the allied response of Russia's
withdrawal from the Treaty.
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