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Treaty on Conventional Armed Forces in Europe (CFE) -- Concluding Act


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CONCLUDING ACT OF THE NEGOTIATION ON PERSONNEL STRENGTH OF CONVENTIONAL ARMED FORCES IN EUROPE

10 July 1992


 

The Republic of Armenia, the Republic of Azerbaijan, the Republic of Belarus, the Kingdom of Belgium, the Republic of Bulgaria, Canada, the Czech and Slovak Federal Republic, the Kingdom of Denmark, the French Republic, the Republic of Georgia, the Federal Republic of Germany, the Hellenic Republic, the Republic of Hungary, the Republic of Iceland, the Italian Republic, the Republic of Kazakhstan, the Grand Duchy of Luxembourg, the Republic of Moldova, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Poland, the Portuguese Republic, Romania, the Russian Federation, the Kingdom of Spain, the Republic of Turkey, Ukraine, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, hereinafter referred to as the participating States,

Recalling the obligations undertaken in the Treaty on Conventional Armed Forces in Europe of November 19, 1990, hereinafter referred to as the CFE Treaty, and the important achievements attained in that Treaty,

In accordance with the obligation in Article XVIII of the CFE Treaty to continue the negotiations on conventional armed forces with the same Mandate and with the goal of building on the CFE Treaty and with the objective of concluding an agreement, no later than the Helsinki 1992 Follow-up Meeting of the Conference on Security and Co-operation in Europe (CSCE), on additional measures aimed at further strengthening security and stability in Europe,

Guided by the Mandate for Negotiation on Conventional Armed Forces in Europe of January 10, 1989, and having conducted negotiations in Vienna,

Having decided to limit and, if applicable, reduce, on a national basis, the personnel strength of their conventional armed forces within the area of application,*

*The area of application of the measures adopted in this Act is the area of application of the CFE Treaty as defined in Article II, paragraph 1, subparagraph (B) of the CFE Treaty, taking into account the understanding specified in Annex A, paragraph 5 of the Final Document of the Extraordinary Conference of the States Parties to the Treaty on Conventional Armed Forces in Europe of June 5, 1992.

 

Guided by the objectives and the purposes of the CSCE, within the framework of which these negotiations were conducted,

 

Looking forward to a more structured co-operation among all CSCE participating States on security matters and to new negotiations on disarmament and confidence and security building in accordance with their commitment in the Charter of Paris for a New Europe, and, accordingly, to the possibility, within the context of those new negotiations, for all CSCE participating States to subscribe to a common regime based upon the measures adopted in this Concluding Act, hereinafter referred to as the Act,

Taking into account the principle of sufficiency, and recalling the undertaking of the participating States to maintain only such military capabilities as are necessary to prevent war and provide for effective defence, bearing in mind the relationship between military capabilities and doctrines,

Recognising the freedom of each participating State to choose its own security arrangements,
 

Have adopted the following:

 

SECTION I.

SCOPE OF LIMITATION

1. Each participating State will limit, as specified in Section II of this Act, its personnel based on land within the area of application in the following categories of conventional armed forces:

(A) all full-time military personnel serving with land forces, including air defence formations and units subordinated at or below the military district or equivalent level, as specified in Section I of the Protocol on Information Exchange of the CFE Treaty;

(B) all full-time military personnel serving with air and air defence aviation forces, including long-range aviation forces reported pursuant to Section I of the Protocol on Information Exchange of the CFE Treaty, as well as military transport aviation forces;

(C) all full-time military personnel serving with air defence forces other than those specified in subparagraphs (A) and (B) of this paragraph;

(D) all full-time military personnel, excluding naval personnel, serving with all central headquarters, command and staff elements;

(E) all full-time military personnel, excluding naval personnel, serving with all centrally-controlled formations, units and other organisations, including those of rear services;

(F) all full-time military personnel serving with all land-based naval formations and units which hold battle tanks, armoured combat vehicles, artillery, armoured vehicle launched bridges, armoured infantry fighting vehicle look-alikes or armoured personnel carrier look-alikes as defined in Article II of the CFE Treaty or which hold land-based naval combat aircraft referred to in the Declaration of the States Parties to the Treaty on Conventional Armed Forces in Europe with Respect to Land-Based Naval Aircraft of November 19, 1990;

(G) all full-time military personnel serving with all other formations, units and other organisations which hold battle tanks, armoured combat vehicles, artillery, combat aircraft or attack helicopters in service with its conventional armed forces, as defined in Article II of the CFE Treaty; and

(H) all reserve personnel who have completed their initial military service or training and who are called up or report voluntarily for full-time military service or training in conventional armed forces for a continuous period of more than 90 days.

 

2. Notwithstanding the provisions of paragraph 1 of this Section, the following categories of personnel are not included within the scope of limitation specified in this Act:

(A) personnel serving with organisations designed and structured to perform in peacetime internal security functions;

(B) personnel in transit from a location outside the area of application to a final destination outside the area of application who are in the area of application for no longer than seven days; and

(C) personnel serving under the command of the United Nations.
 

3. If, after the date on which this Act comes into effect, any land-based formations or units are formed within the area of application which, according to their structure and armaments, have a capability for ground combat outside national borders against an external enemy, a participating State may raise in the Joint Consultative Group any issue regarding personnel serving with such formations and units. The Joint Consultative Group will consider any such issue on the basis of all available information, including information provided by the participating States concerned, with a view to determining whether the above-mentioned criteria are applicable to such formations and units; if such criteria are deemed to apply, the personnel serving with such formations and units will be included within the scope of limitation specified in this Act.

 

SECTION II.

NATIONAL PERSONNEL LIMITS

1. Each participating State will limit its military personnel based on land within the area of application in the categories of conventional armed forces specified in Section I, paragraph 1 of this Act so that, 40 months after entry into force of the CFE Treaty and thereafter, the aggregate number of such personnel will not exceed the number representing its national personnel limit as specified in this paragraph:
 

The Republic of Armenia

The Republic of Azerbaijan

The Republic of Belarus 100,000

The Kingdom of Belgium 70,000

The Republic of Bulgaria 104,000

Canada 10,660

The Czech and Slovak Federal Republic 140,000

The Kingdom of Denmark 39,000

The French Republic 325,000

The Republic of Georgia 40,000

The Federal Republic of Germany 345,000

The Hellenic Republic 158,621

The Republic of Hungary 100,000

The Republic of Iceland 0

The Italian Republic 315,000

The Republic of Kazakhstan 0

The Grand Duchy of Luxembourg 900

The Republic of Moldova

The Kingdom of the Netherlands 80,000

The Kingdom of Norway 32,000

The Republic of Poland 234,000

The Portuguese Republic 75,000

Romania 230,000

The Russian Federation 1,450,000

The Kingdom of Spain 300,000

The Republic of Turkey 530,000

Ukraine 450,000

The United Kingdom of Great Britain and Northern Ireland 260,000

The United States of America 250,000

 

2. For the purpose of recording changes to the information specified in paragraph 1 of this Section, the Government of the Kingdom of the Netherlands will distribute to all the participating States a revised version of the information in that paragraph.
 

3. Each participating State may revise its national personnel limit in accordance with the provisions of Section III of this Act.

 

SECTION III.

REVISION PROCEDURES

1. A participating State may revise downward its national personnel limit by providing a notification of its revised limit to all other participating States. Such notification will specify the date on which the revised limit will become effective.

2. A participating State intending to revise upward its national personnel limit will provide notification of such intended revision to all other participating States. Such notification will include an explanation of the reasons for such a revision. Any participating State may raise any question concerning the intended revision. A revised national personnel limit will become effective 42 days after notification has been provided, unless a participating State raises an objection to such revision by providing notification of its objection to all other participating States.

3. If an objection is raised, any participating State may request the convening of an extraordinary conference which will examine the intended revision in the light of the explanations provided and seek to decide on a future national personnel limit. The extraordinary conference will open no later than 15 days after receipt of the request and, unless it decides otherwise, will last no longer than three weeks.

 

SECTION IV.

INFORMATION EXCHANGE

1. Each participating State will provide to all other participating States, in accordance with the provisions of this Section, the following information in respect of its personnel based on land within the area of application:

(A) in respect of all personnel specified in Section I, paragraph 1 of this Act, the aggregate number;

(B) in respect of all full-time military personnel serving with land forces, including air defence formations and units subordinated at or below the military district or equivalent level, as specified in Section I of the Protocol on Information Exchange of the CFE Treaty, the aggregate number and the number in each formation, unit and other organisation down to the brigade/regiment or equivalent level, specifying the command organisation, designation, subordination and peacetime location, including the geographic name and coordinates, for each such formation, unit and organisation;

(C) in respect of all full-time military personnel serving with air and air defence aviation forces, including long-range aviation forces reported pursuant to Section I of the Protocol on Information Exchange of the CFE Treaty, as well as military transport aviation forces, the aggregate number and the number in each formation,. unit and other organisation of conventional armed forces down to the wing/air regiment or equivalent level, specifying the command organisation, designation, subordination and peacetime location, including the geographic name and coordinates, for each such formation, unit and organisation;

(D) in respect of all full-time military personnel serving with air defence forces other than those specified in subparagraphs (B) and (C) of this paragraph, the aggregate number and the number in each formation and other organisation down to the next level of command above division or equivalent level (i.e., air defence army or equivalent), specifying the command organisation, designation, subordination and peacetime location, including the geographic name and coordinates, for each such formation and organisation;

(E) in respect of all full-time military personnel of conventional armed forces, excluding naval personnel, serving with all central headquarters, command and staff elements, the aggregate number;

(F) in respect of all full-time military personnel of conventional armed forces, excluding naval personnel, serving with all centrally-controlled formations, units and other organisations, including those of rear services, the aggregate number and the number in each formation, unit and other organisation down to the brigade/regiment, wing/air regiment or equivalent level, specifying the command organisation, designation, subordination and peacetime location, including the geographic name and coordinates, for each such formation, unit and organisation;

 

(G) in respect of all full-time military personnel serving with all land-based naval formations and units which hold conventional armaments and equipment in the categories specified in Section III of the Protocol on Information Exchange of the CFE Treaty or which hold land-based naval combat aircraft referred to in the Declaration of the States Parties to the Treaty on Conventional Armed Forces in Europe with Respect to Land-Based Naval Aircraft of November 19, 1990, the aggregate number and the number in each formation and unit down to the brigade/regiment, wing/air regiment or equivalent level, as well as units at the next level of command below the brigade/regiment, wing/air regiment level which are separately located or independent (i.e., battalions/squadrons or equivalent), specifying the designation and peacetime location, including the geographic name and coordinates, for each such formation and unit;

(H) in respect of all full-time military personnel serving with all formations, units and other organisations of conventional armed forces specified in Section III of the Protocol on Information Exchange of the CFE Treaty, the number in each such formation, unit and organisation down to the brigade/regiment, wing/air regiment or equivalent level, as well as units at the next level of command below the brigade/regiment, wing/air regiment level which are separately located or independent (i.e., battalions/squadrons or equivalent), specifying the designation and peacetime location, including the geographic name and coordinates, for each such formation, unit and organisation;

(I) in respect of all personnel serving with all formations and units down to the independent or separately located battalion or equivalent level which hold battle tanks, artillery, combat aircraft or specialised attack helicopters as well as armoured infantry fighting vehicles as specified in Article XII of the CFE Treaty, in organisations designed and structured to perform in peacetime internal security functions, the number in each such formation and unit at each site at which such armaments and equipment are held, specifying the national-level designation of each such organisation and the location, including the geographic name and coordinates, of each site at which such armaments and equipment are held;

(J) in respect of all personnel serving with all formations and units in organisations designed and structured to perform in peacetime internal security functions, excluding unarmed or lightly armed civil police forces and protective services, the aggregate number and the aggregate number in each administrative region or equivalent;

(K) in respect of all reserve personnel who have completed their initial military service or training and who have been called up or have reported voluntarily for military service or training in conventional armed forces since the most recent exchange of information provided in accordance with this Section, the aggregate number, specifying the number, if any, of those who have been called up or have reported voluntarily for full-time military service or training in conventional armed forces for a continuous period of more than 90 days;

 

(L) in respect of all military personnel serving under the command of the United Nations, the aggregate number; and

(M) in respect of all military personnel, excluding naval personnel, serving with all other formations, units and other organisations of conventional armed forces, the aggregate number, specifying the designation of such formations, units and organisations.

2. In providing information on personnel strengths in accordance with this Section, each participating State will provide the peacetime authorized personnel strength, which will approximate the number of personnel serving within the area of application with each of the formations, units and other organisations specified in paragraph 1 of this Section.

3. The provisions of this Section will not apply to personnel who are in transit through the area of application from a location outside the area of application to a final destination outside the area of application. Personnel in the categories specified in paragraph 1 of this Section who entered the area of application in transit will be subject to the provisions of this Section if they remain within the area of application for a period longer than seven days.

4. Each participating State will be responsible for its own information; receipt of such information will not imply validation or acceptance of the information provided.

5. The participating States will provide the information specified in this Section in accordance with the formats and procedures to be agreed in the Joint Consultative Group.

6. Prior to the date on which national personnel limits become effective in accordance with Section II of this Act, each participating State will provide to all other participating States the information specified in paragraph 1, subparagraphs (A), (D), (E) and (G) to (M) of this Section, as well as the information on aggregate numbers of personnel in the categories specified in subparagraphs (B), (C) and (F) of that paragraph, in written form, in one of the official CSCE languages, using diplomatic channels or other official channels designated by them, in accordance with the following timetable:

(A) no later than 30 days following entry into force of the CFE Treaty, with the information effective as of the date of entry into force of that Treat; and

(B) on the 15th day of December of the year in which the CFE Treaty comes into force (unless entry into force of that Treaty occurs within 60 days of the 15th day of December), and on the 15th day of December of every year thereafter, with the information effective as of the first day of January of the following year.

 

7. Beginning with the date on which national personnel limits become effective in accordance with Section II of this Act, each participating State will provide to all other participating States all the information specified in paragraph 1 of this Section in written form, in one of the official CSCE languages, using diplomatic channels or other official channels designated by them, in accordance with the following timetable:

(A) on the date on which national personnel limits become effective in accordance with Section II of this Act, with the information effective as of that date; and

(B) on the 15th day of December of the year in which the national personnel limits become effective in accordance with Section II of this Act, and on the 15th day of December of every year thereafter, with the information effective as of the first day of January of the following year.
 

8. The participating States will, at the first review of the operation of this Act in accordance with Section VII, paragraph 3 of this Act, consider issues relating to the adequacy and effectiveness of the disaggregation of the information specified in paragraph 1, subparagraphs (B), (C) and (F) of this Section.

 

SECTION V.

STABILISING MEASURES

NOTIFICATION OF INCREASES IN UNIT STRENGTHS

1. Each participating State will notify all other participating States at least 42 days in advance of any permanent increase in the personnel strength of any formation, unit or other organisation which was reported in the most recent exchange of information at the brigade/regiment, wing/air regiment or equivalent level in accordance with Section IV of this Act when such increase equals 1,000 or more at the brigade/regiment level, or 500 or more at the wing/air regiment level, or equivalent levels.

NOTIFICATION OF CALL-UP OF RESERVE PERSONNEL

2. Any participating State intending to call up reserve personnel of its conventional armed forces based on land within the area of application will notify all other participating States whenever the cumulative total of the personnel called up and retained on full-time military service will exceed a threshold of 35,000.

3. Such notification will be provided at least 42 days in advance of such threshold beingexceeded. As an exception, in the case of emergency situations where advance notification is not practical, notification will be provided as soon as possible and, in any event, no later than the date such threshold is exceeded.

4. Such notification will include the following information:

(A) the total number of reserve personnel to be called up, specifying the number to be called up for more than 90 days;

(B) a general description of the purpose of the call-up;

(C) the planned start and end dates of the period during which such threshold will be exceeded; and

(D) the designation and location of any formation in which more than 7,000 at the division or equivalent level or more than 9,000 at the army/army corps or equivalent level of the personnel so called up will serve.

RESUBORDINATION OF UNITS

5. After the first exchange of information in accordance with Section IV of this Act, a participating State intending to resubordinate formations, units or other organisations whose personnel are subject to limitation in accordance with Section I of this Act to a formation, unit or other organisation whose personnel would not otherwise be subject to limitation will notify all other participating States of the planned resubordination no later than the date on which such resubordination will become effective.

 

6. Such notification will include the following information:

(A) the date on which such resubordination will become effective;

(B) the subordination, designation and peacetime location of each formation, unit and organisation to be resubordinated, both before and after such resubordination;

(C) the peacetime authorized personnel strength for each formation, unit and organisation to be resubordinated, both before and after such resubordination will become effective; and

(D) the number, if any, of battle tanks, armoured infantry fighting vehicles, artillery, combat aircraft, attack helicopters and armoured vehicle launched bridges as defined in Article II of the CFE Treaty held by each formation, unit and organisation to be resubordinated, both before and after such resubordination will become effective.

7. Personnel serving with formations, units or other organisations resubordinated after the date on which national personnel limits become effective in accordance with Section II of this Act will remain subject to limitation in accordance with Section I of this Act until the date of the exchange of information in accordance with Section IV of this Act one year subsequent to the year in which such resubordination becomes effective, after which time the procedure specified in paragraph 8 of this Section will apply.
 

8. Forty-two days prior to the end of the one-year period specified in paragraph 7 of this Section, the participating State resubordinating such formations, units or other organisations will provide to all other participating States notification of the planned exclusion. Upon the request of any other participating State, the participating State resubordinating such formations, units or other organisations will provide all relevant information supporting such exclusion.

 

SECTION VI. VERIFICATION/EVALUATION

1. For the purpose of evaluating observance of national personnel limits and the other provisions of this Act, participating States will apply Section VII and Section VIII of the Protocol on Inspection of the CFE Treaty and other relevant provisions of that Treaty, together with the provisions set out in this Section.

2. In the case of an inspection pursuant to Section VII of the Protocol on Inspection of the CFE Treaty, the pre-inspection briefing will include information on the number of personnel serving with any formation, unit or other organisation which was notified in the most recent exchange of information in accordance with Section IV of this Act and which is located at that inspection site. If the number of such personnel differs from the number of personnel notified in that most recent exchange of information, the inspection team will be provided with an explanation of such difference. The pre-inspection briefing will also include information on the number of personnel serving with any other formation or unit down to the brigade/regiment, wing/air regiment or equivalent level, as well as independent units at the battalion/squadron or equivalent level, in the categories specified in Section IV, paragraph 1, subparagraphs (B), (C) and (F) of this Act, which is located at that inspection site.

3. In the case of an inspection pursuant to Section VIII of the Protocol on Inspection of the CFE Treaty, the escort team will provide, if requested by the inspection team, information on the number of personnel serving with any formation, unit or other organisation which was notified in the most recent exchange of information in accordance with Section IV of this Act, which is located at that inspection site and whose facilities are being inspected. If the number of such personnel differs from the number of personnel notified in that most recent exchange of information, the inspection team will be provided with an explanation of such difference.

4. During an inspection pursuant to Section VII or Section VIII of the Protocol on Inspection of the CFE Treaty, inspectors may have access, consistent with the provisions of that Protocol, to all facilities subject to inspection at the inspection site, including those used by all formations, units and other organisations located at that inspection site. During such an inspection, the escort team will specify, if requested by the inspection team, whether a particular building on the inspection site is a personnel barracks or messing facility.

5. Inspectors will include in the inspection report prepared pursuant to Section XII of the Protocol on Inspection of the CFE Treaty information provided to the inspection team in accordance with paragraphs 2 and 3 of this Section in a format to be agreed in the Joint Consultative Group. Inspectors may also include in that report written comments pertaining to the evaluation of personnel strengths.
 

6. Evaluation of observance of the provisions of this Act will be further facilitated through confidence- and security-building measures that have been developed and that may be developed in the context of the new negotiations on disarmament and confidence and security building following the Helsinki Follow-up Meeting. In this context, participating States are prepared to join in considering ways and means to refine the evaluation provisions specified in the Vienna Document 1992.

 

SECTION VII. 

REVIEW MECHANISMS

1. The participating States will review the implementation of this Act in accordance with the procedures set out in this Section, using the relevant bodies and channels within the framework of the CSCE process.

2. In particular, any participating State may at any time raise and clarify questions relating to the implementation of this Act within the framework, as appropriate, of the Joint Consultative Group. The participating States will consider in the context of the new negotiations on disarmament and confidence and security building which will be conducted following the Helsinki Follow-up Meeting, the role of the Conflict Prevention Centre in this regard, as appropriate.

3. Six months after the date on which national personnel limits become effective in accordance with Section II of this Act and at five-year intervals thereafter, the participating States will conduct a review of the operation of this Act.

4. The participating States will meet in an extraordinary conference if requested to do so by any participating State which considers that exceptional circumstances relating to this Act have arisen. Such a request will be transmitted to all other participating States and will include an explanation of exceptional circumstances relating to this Act, e.g., an increase in the number of military personnel in categories listed in Section I of this Act in a manner or proportion which the participating State requesting such an extraordinary conference deems to be prejudicial to security and stability within the area of application. The conference will open no later than 15 days after receipt of the request and, unless it decides otherwise, will last no longer than three weeks.

 

SECTION VIII.

CLOSING PROVISIONS

1. The measures adopted in this Act are politically binding. Accordingly, this Act is not eligible for registration under Article 102 of the Charter of the United Nations. This Act will come into effect simultaneously with the entry into force of the CFE Treaty.

2. This Act will have the same duration as the CFE Treaty and may be supplemented, modified or superseded.

3. The Government of the Kingdom of the Netherlands will transmit true copies of this Act, the original of which is in English, French, German, Italian, Russian and Spanish, to all participating States, and bring this Act to the attention of the Secretariat of the CSCE and the Secretary General of the United Nations.

Wherefore, we have subscribed our signatures below:

Done at Helsinki, this tenth day of July, one thousand nine hundred and ninety-two, at the Meeting of the Heads of State or Government of the Participating States.
 



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