Slotdocument inzake de eerste Toetsingsconferentie van het Verdrag inzake Conventionele Strijdkrachten in Europa
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
Armenië | Ja | Nee |
Azerbeidzjan | Ja | Nee |
België | Ja | Nee |
Georgië | Ja | Nee |
Moldavië | Ja | Nee |
Nederlanden, het Koninkrijk der | Ja | Nee |
Oekraïne | Ja | Nee |
Polen | Ja | Nee |
Russische Federatie | Ja | Ja |
Verenigd Koninkrijk | Ja | Nee |
Verenigde Staten van Amerika | Ja | Nee |
Armenië
14-05-1997
With regard to Joint Statement of the United States of America and the Azerbaijan
Republic the Republic of Armenia would like to state the following:
- Armenia confirms its adherence to the full implementation of the CFE Treaty and
its readiness to co-operatively contribute to the solution of the issue of the unaccounted-for
and uncontrolled TLE,
- Armenia is of view that the issue of the unaccounted-for and uncontrolled TLE could
not be either legally or procedurally linked to the ‘CFE Flank Agreement’,
- Armenia reiterates its understanding that the issue of unaccounted-for and uncontrolled
TLE should be addressed not only as a Treaty implementation issue but as a Treaty
operational one as well.
Azerbeidzjan
15-05-1997
The United States and Azerbaijan look forward to the prospective entry into force
on May 15, 1997, of the Document Agreed Among the States Parties to the Treaty on
Conventional Forces in Europe of November 19, 1990, dated May 31, 1996 (‘The CFE Flank
Agreement’). The United States and Azerbaijan affirm their joint understanding that
with respect to the region covered by the Treaty on Conventional Forces in Europe
of November 19, 1990 a state’s military forces should be deployed on the territory
of another state only with the freely expressed consent of the host country.
They further affirm that with respect to the CFE flank agreement, it is their common
understanding that this agreement:
- does not give any State Party the right to station (under Article IV, paragraph
5 of the Treaty) or temporarily deploy (under Article V, paragraphs 1 (b) and (c)
of the Treaty) conventional armaments and equipment limited by the Treaty on the territory
of other States Parties to the Treaty without the freely expressed consent of the
receiving State Party;
- does not alter or abridge the right of any State Party under the CFE Treaty to utilize
fully the maximum levels for its holdings of conventional armaments and equipment
limited by the Treaty notified pursuant to Article VII of the Treaty;
- does not alter in any way the requirement for the freely expressed consent of all
States Parties concerned in the exercise of any reallocations envisioned under Article
IV, paragraph 3 of the CFE Flank Agreement.
The United States acknowledges the absence of foreign military bases on the territory
of the Azerbaijan Republic and supports the position taken by Azerbaijan that the
temporary presence of foreign troops on its territory may be based only on a duly
concluded agreement with Azerbaijan according to its constitution and in conformity
with international law.
The United States and Azerbaijan reiterate their concern with regard to conventional
armaments and equipment of types limited by the Treaty, which are unaccounted for
and uncontrolled within the Treaty. They recognize the obligation of all States Parties
to work in a cooperative manner within the Joint Consultative Group to develop practical
steps toward fulfilling the commitment of the States Parties, as expressed in the
Review Conference Final Document, to resolve the issue of unaccounted-for-TLE as soon
as possible and achieve full implementation of all Treaty provisions.
The United States supports the sovereign right of Azerbaijan, as a free and independent
state, to take the position under the CFE Treaty contained in the statement of the
Chairman of the First CFE Review Conference on May 31, 1996, that temporary deployment
and reallocation of quotas referred to in Section IV, paragraphs 2 and 3 of the CFE
Flank Agreement will not be used in the context of the Azerbaijan Republic.
België
29-04-1997
The following declaration is made by the representative of Belgium to the Joint Consultative
Group on behalf of the delegations of Belgium, Canada, Denmark, France, Germany, Greece,
Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Turkey, the
United Kingdom and the United States of America:
Mr Chairman,
Allow me, on behalf of the sixteen delegations of the Atlantic Alliance, to express
our satisfaction regarding the entry into force, following the confirmation of approval
by all the States Parties to the Treaty, of the document agreed on 31 May 1996 among
the States Parties to the Treaty on Conventional Armed Forces in Europe of 19 November
1990 and commonly known as the Flank Agreement.
We have taken note of all the declarations of confirmation of approval and interpretative
statements made on this date. They will receive detailed scrutiny by our governments
and we reserve the right to return to them at a later date. We have also taken note
of the declaration by the representative of the Russian Federation informing us that
the Russian Federation has performed the entire procedure required for the entry into
force of the Flank Agreement.
With reference to the Note Verbale of 15 May 1997 from the Russian Federation, and
without prejudice to any comments we may make on its content, we recall at this stage
our declarations of 31 May 1996 during the First Review Conference and of 8 May 1997
to the Joint Consultative Group.
May I request you, Mr Chairman, to append the text of this declaration to the minutes
of today's meeting.
Georgië
13-05-1997
The Parliament of Georgia,
Confirming its attitude towards the CFE Treaty as the fundamental document for the
European Security;
Confirming by the ratification of the Document agreed among the States Parties to
the Treaty on Conventional Armed Forces in Europe of November 19, 1990 in the First
Conference to Review the Operation of the Treaty (thereafter Flank Document) its readiness
for ensuring the prompt entering into force of the Flank Document;
Ready to avoid any misunderstandings that may arise from misinterpretation of the
Flank Document;
Noting the goodwill expressed while adopting the Flank Document in Vienna on May 31
1996 which, despite the different positions on some questions, secured a consensus;
states:
1. After the entering into force of the Flank Document on May 15, 1997, the Flank
issue should not be considered as being finally decided. The CFE Treaty adaptation
process, taking new realities into consideration, should reach such agreement that
will take into consideration and satisfy the interests of all parties.
2. The Flank Document does not give countries the right to legitimize the deployment
of their armed forces on the territory of other countries. This issue should be regularized
between the parties involved on the basis of a bilateral agreement.
3. The Flank Document does not revoke, and is not against the principles and procedures
of the CFE Treaty and related agreements. In particular, the procedures established
by Tashkent 1992 May 15 Agreement are still in force.
4. The temporary deployment of TLE is not to be regarded as being a means of achieving
balance, but as a temporary recourse in particular cases. Therefore, the term ‘temporary
deployment’, should be clearly defined by identifying its purpose, frequency, duration
and geographical location. Prior to this, Georgia will abstain from conducting the
negotiations on not to ask for the temporary deployment of TLE on its territory except
for peacekeeping operations and bilateral and multilateral military exercices.
5. Special attention should be paid to the issue of uncontrolled treaty limited equipment
(UTLE), so-called ‘white spots’. Before solving this problem, Georgia will abstain
from conducting the negotiation on the reallocation of the maximum levels for holdings
of TLE established by the Tashkent Agreement of May
15, 1992.
6. The flexibility of the Flank Document shall not be used against the interests of
the sovereign rights of any country; in particular, no vast amount of TLE should be
concentrated on the territories of other countries. To avoid this, the ‘National Ceilings’
should become the basis for the elaboration of the maximum levels of TLE, on the basis
of which ‘territorial ceilings’ shall be established.
Moldavië
15-05-1997
The ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe of November 19, 1990, does not mean that the Republic of Moldova accepts the presence and temporary deployment on its territory of the conventional armed forces of other states.
13-12-2011
[...] the Republic of Moldova has decided to cease the implementation of certain obligations
under the CFE Treaty vis-à-vis the Russian Federation, particularly pertaining to
the provision of information and notifications as well as acceptance of inspections.
This decision will be effective as long as the Russian Federation continues not to
perform its obligations under the CFE Treaty.
The Republic of Moldova will continue to honour all its obligations under the CFE
Treaty and its associated documents towards the non-defaulting State Parties and remains
committed to good faith negotiations aimed at finding a solution.[...]
Nederlanden, het Koninkrijk der
14-12-2011
[...] the Netherlands has decided that, for as long as the Russian Federation continues
not to perform its obligations to the Netherlands under the CFE Treaty and the Flank
Document, the Netherlands ceases to perform the following obligations vis-à-vis the
Russian Federation, effective upon the date of its statement in the Joint Consultative
Group, i.e. November 22, 2011.
- The Netherlands will not provide information to the Russian Federation in the annual
data exchange that takes place pursuant to the CFE Treaty;
- The Netherlands will not provide any notifications to the Russian Federation pursuant
to the CFE Treaty; and
- The Netherlands will not accept inspections requested by the Russian Federation
pursuant to the CFE Treaty.
The Netherlands will continue to perform all its obligations vis-à-vis States Parties
to the CFE Treaty and the Flank Document other than the Russian Federation.[...]
Oekraïne
15-05-1997
... that Ukraine has approved the Document agreed among the States Parties to the
Treaty on Conventional Armed Forces in Europe of 19 November 1990, further referred
to as the Document, adopted by the First Conference to review the operation of the
Treaty on Conventional Armed Forces in Europe, with the following reservations:
1. The obligations of the Russian Federation envisaged by Section II of the Document
are valid to the extent that the presence of armaments and equipment limited by the
CFE Treaty (TLE) of the Russian Federation is admitted by Ukraine in that part of
its territory which is included in the area described in Article V, subparagraph 1(A),
of the Treaty, as understood by the Union of Soviet Socialist Republics at the time
the Treaty was signed.
In any case, the consent of Ukraine for such a presence, whatever the way this consent
is expressed, cannot be regarded as the one that cannot be annulled.
Nothing in the Document can be construed as the expression of the consent of Ukraine
for the presence or stationing of TLE of the Russian Federation on the territory of
Ukraine which is included in the area described in Article V, subparagraph 1(A), of
the Treaty, as understood by the Union of Soviet Socialist Republics at the time the
Treaty was signed.
2. The provisions of Section IV, paragraph 2, of the Document shall in no way restrict
the right and possibilities of Ukraine to deploy on a temporary basis, in accordance
with Article V, paragraphs 1(B) and 1(C), of the Treaty, battle tanks, armoured combat
vehicles and artillery within the ‘‘new’’ flank area.
3. The provisions of Section IV, paragraph 3, of the Document shall in no way affect
the rights and obligations of Ukraine under the Agreement on the Principles and Procedures
for the Implementation of the Treaty on Conventional Armed Forces in Europe of 15
May 1992.
4. The validity of the Document shall be limited by the date of entry into force of
the adapted Treaty on Conventional Armed Forces in Europe.
The reservations mentioned in the above paragraphs 1 through 4 shall be valid through
the entire time of the operation of the Document, including the period of its provisional
application...
Polen
14-05-1997
In the light of the views of the Russian Federation on the context and future of the
Flank Agreement, as expressed in the Note dated 14 May this year and addressed to
the depositary of the CFE Treaty, the Delegation of Poland would like to state the
following:
1. The Russian position, as it seems to link future Russian observance of the levels
of forces in the flank area with the establishment of collective ceilings for alliances
and limitations on additional permanent stationing of forces in the entire CFE area
of application, may jeopardize the CFE adaptation process through the introduction
of artificial and unfounded linkages into the negotiation.
2. The above-mentioned position of the Russian Federation is seen as having implications
neither for CFE States commitments under the Treaty and documents constituting a mandate
for the CFE adaptation negotiation, nor for the need for all CFE States to observe
meticulously all provisions of the CFE regime.
Russische Federatie
14-05-1997
(unofficial translation)
2. While approving the Document the Russian Party:
(A) Notes the significance of the Document as it was agreed on May 31, 1996, for implementation
of the Treaty in its present form. The equitable and responsible cooperation of all
States Parties, based on good will, to ensure the full use of the possibilities provided
in Article IV, paragraphs 1, 2 and 3 of the Document, constitutes the foundation for
the viability of the Document.
(B) Confirms, that the Document in its present form is without prejudice to bilateral
negotiations and agreements on stationing of the Armed Forces of the Russian Federation
beyond its territory in the flank zone.
(C) States, that any reservations as well as any interpreting statements of other
States Parties which directly or indirectly modify the substance and meaning of the
Document do not entail any consequences as to the rights and obligations of the Russian
Federation arising from the Document. In the event such reservations or interpreting
statements are made the Russian Party reserves the right to
respond to them accordingly.
(D) Underlines, that the process of adaptation of the Treaty for an undivided Europe
should include an appropriate solution of the flank limitations problem within the
context of abolishment of the present zonal structure of the Treaty and its replacement
by national ceilings. In this connection the Russian Party expresses its readiness
to consider a possibility to ensure restraint in relation to the present levels of
its conventional armed forces in the flank area as it is referred to in Article II,
paragraph 1 and 3 of the Document. The scope, status and duration of such provision
on restraint will correspond to the scope, status and duration of provisions on limitation
on overall ceilings for military alliances and on
limitation on additional permanent stationing of conventional armed forces of the
States Parties beyond their territories.
All provisions listed in paragraph 2 of the present Note have been indispensable conditions
for approval of the Document by the Russian Federation.
14-07-2007
Suspension of the Document from 12 December 2007.
[Note of the depositary: The Russian Federation has requested the depositary to convey
to the States Parties to the Treaty its decision to suspend the operation of the CFE
Treaty and the Document agreed among the States Parties to the Treaty on Conventional
Armed Forces in Europe of 19 November 1990. The Russian Federation proceeds from the
point that the operation of the CFE Treaty and the Flank Document will be suspended
in relations between the Russian Federation and States Parties to the CFE Treaty after
150 days upon the date of receipt by all the CFE Treaty States Parties of the notification
on suspension, i.e. from 12 December 2007.]
Bezwaar Roemenië, 11-12-2007
...Romania would like to inform that it does not agree with Russian Federation's demarche regarding the suspension of the latter's obligations under the CFE Treaty starting with 12 December 2007.
Bezwaar Verenigd Koninkrijk, 11-12-2007
...the United Kingdom would reserve the right to consider an act of suspension of the CFE Treaty by a State Party, should it occur, as an unlawful, material breach of the CFE Treaty.
Bezwaar Verenigde Staten van Amerika, 17-12-2007
... the CFE Treaty contains no provision that allows a State Party to carry out such a suspension and that such a suspension is not justified under the circumstances based on customary international law, as reflected in the Vienna Convention on the Law of Treaties. As such, the United States of America will continue to review closely the Russian Federations's compliance with its obligations, which continue in force, under the CFE Treaty and review options available under international law to respond to breaches of those obligations. The United States' future actions with regard to its own CFE Treaty commitments will take into account Russian compliance with its CFE Treaty commitments.
Bezwaar Turkije, 03-01-2008
... The CFE Treaty contains no provision for a state party to carry out such a suspension. Turkey, therefore, reserves the right to consider an act of suspension of the CFE Treaty by a state party as a material breach of the CFE Treaty and the right to take necessary legal measures in accordance with the principles of international law.
Bezwaar Canada, 07-02-2008
... The CFE Treaty does not contain provisions allowing States Parties to suspend their obligations. It is also the understanding of Canada that neither does customary international law, as embodied in the Vienna Convention on the Law of Treaties, contain grounds to justify such a unilateral course of action. Under these circumstances, Canada will continue to review the Russian Federation's compliance with its obligations, which continue in force, under the CFE Treaty and review options available under international law to respond to breaches of those obligations. Canada will also take into consideration the Russian Federation's level of compliance in determining its own future actions.
Bezwaar Tsjechië, 19-05-2008
... As the CFE Treaty does not contain any provision allowing States Parties to suspend their obligations and there is no consent on the suspension of the operation of the CFE Treaty, the Czech Republic will review the Russian Federation's compliance with its obligations, which continue in force, under the CFE Treaty. The Czech Republic reserves, therefore, the right to take necessary legal measures under international law to respond to the breaches of those obligations.
30-07-2008
(unofficial translation)
The suspension of the CFE Treaty is in line with the provisions of the CFE Treaty,
the Vienna Convention on the Law of Treaties, customary international law and general
principles of law.
It is well known that pursuant to Article 57 of the Vienna Convention the operation
of the international treaty may be suspended (i) in conformity with the provisions
of the treaty, or (ii) by consent of the parties to the treaty. Paragraph 2 of Article
XIX of the CFE Treaty provides that "each State Party shall, in exercising its national
sovereignty, have the right to withdraw from this Treaty if it decides that extraordinary
events related to the subject matter of this Treaty have jeopardized its supreme interests".
The Russian Federation is of the view that the State Parties to the CFE Treaty are
fully allowed by international law to suspend it on the same grounds and under the
same procedure as provided for in Paragraph 2 of Article XIX for the withdrawal from
the CFE Treaty.
Article 31 of the Vienna Convention stipulates inter alia that for the purpose of
interpretation the text of the treaty comprises its preamble. In accordance with the
ninth paragraph of the preamble of the Vienna Convention 'the rules of customary international
law will continue to govern questions not regulated by the provisions of the present
Convention'. So the Vienna Convention itself provides the permissibility to act in
accordance not only with its provisions, but also with applicable rules of customary
international law.
Legal permissibility of the suspension of the international treaty that is silent
on suspension but provides for withdrawal stems from the in plus stat minus maxim
(the greater includes the lesser). This maxim is a well-known general principle of
law supported by customary international law. For instance, International Court of
Justice in a number of cases was guided by the logic of this principle in the context
of consideration of the issue of its jurisdiction. This legal maxim is equally applicable
within the realm of the law of treaties and in particular to the regime of suspension
and termination of international treaties. The provisions on termination and suspension
of the international treaty are 'hand in hand' in the Vienna Convention.
Application of the in plus stat minus principle as the means to substantiate the linkage
between termination and suspension clauses is evidenced by the materials of the International
Law Commission related to the draft articles on the law of treaties. An explicit right
to terminate the treaty (for the indefinite period of time) presumes and includes
a right to suspend it, i.e. temporarily terminate the fulfillment of obligations under
the treaty.
The Russian Federation has suspended the CFE Treaty on the same grounds on which it
had and has the right to withdraw from it.
Verenigd Koninkrijk
29-11-2011
[...] the United Kingdom decided that, for as long as the Russian Federation continues
not to perform its obligations under the CFE Treaty and the Flank Document, the United
Kingdom would from 22 November 2011, and in the hope that it will encourage the Russian
Federation to return to its Treaty obligations:
- no longer provide information to the Russian Federation in the annual data exchange
that takes place under the terms of the CFE Treaty on 15 December;
- no longer provide any notifications to the Russian Federation under the terms of
the CFE Treaty;
- no longer accept inspections requested by the Russian Federation pursuant to the
CFE Treaty.
The United Kingdom will continue to perform its obligations vis-à-vis States Parties
to the CFE Treaty and the Flank Document other than the Russian Federation, including
with respect to numerical limitations on conventional armaments and equipment established
by the Treaty. [...]
Verenigde Staten van Amerika
14-05-1997
The United States and Azerbaijan look forward to the prospective entry into force
on May 15, 1997, of the Document Agreed Among the States Parties to the Treaty on
Conventional Forces in Europe of November 19, 1990, dated May 31, 1996 (‘The CFE Flank
Agreement’). The United States and Azerbaijan affirm their joint understanding that
with respect to the region covered by the Treaty on Conventional Forces in Europe
of November 19, 1990 a state’s military forces should be deployed on the territory
of another state only with the freely expressed consent of the host country.
They further affirm that with respect to the CFE flank agreement, it is their common
understanding that this agreement:
- does not give any State Party the right to station (under Article IV, paragraph
5 of the Treaty) or temporarily deploy (under Article V, paragraphs 1 (b) and (c)
of the Treaty) conventional armaments and equipment limited by the Treaty on the territory
of other States Parties to the Treaty without the freely expressed consent of the
receiving State Party;
- does not alter or abridge the right of any State Party under the CFE Treaty to utilize
fully the maximum levels for its holdings of conventional armaments and equipment
limited by the Treaty notified pursuant to Article VII of the Treaty;
- does not alter in any way the requirement for the freely expressed consent of all
States Parties concerned in the exercise of any reallocations envisioned under Article
IV, paragraph 3 of the CFE Flank Agreement.
The United States acknowledges the absence of foreign military bases on the territory
of the Azerbaijan Republic and supports the position taken by Azerbaijan that the
temporary presence of foreign troops on its territory may be based only on a duly
concluded agreement with Azerbaijan according to its constitution and in conformity
with international law.
The United States and Azerbaijan reiterate their concern with regard to conventional
armaments and equipment of types limited by the Treaty, which are unaccounted for
and uncontrolled within the Treaty. They recognize the obligation of all States Parties
to work in a cooperative manner within the Joint Consultative Group to develop practical
steps toward fulfilling the commitment of the States Parties, as expressed in the
Review Conference Final Document, to resolve the issue of unaccounted-for-TLE as soon
as possible and achieve full implementation of all Treaty provisions.
The United States supports the sovereign right of Azerbaijan, as a free and independent
state, to take the position under the CFE Treaty contained in the statement of the
Chairman of the First CFE Review Conference on May 31, 1996, that temporary deployment
and reallocation of quotas referred to in Section IV, paragraphs 2 and 3 of the CFE
Flank Agreement will not be used in the context of the Azerbaijan Republic.
24-11-2011
[...] the United States has decided that, for as long as the Russian Federation continues
not to perform its obligations vis-à-vis the United States under the CFE Treaty and
the Flank Document, the United States will cease performing the following CFE Treaty
obligations vis-à-vis the Russian Federation:
- The United States will not provide information to the Russian Federation in the
annual data exchange that takes place pursuant to the CFE Treaty.
- The United States will not provide notifications to the Russian Federation pursuant
to the CFE Treaty.
- The United States will not accept inspections requested by the Russian Federation
pursuant to the CFE Treaty.
This action was announced in the Joint Consultative Group on November 22, 2011, and
was effective on that date.
The United States will continue to perform its obligations vis-à-vis States Parties
to the CFE Treaty and the Flank Document other than the Russian Federation, including
with respect to numerical limitations on conventional armaments and equipment established
by the Treaty. [...]