On September 19*, 1986, the Conference on Confidence- and Security-Building Measures and Disarmament in Europe (CDE) reached agreement on a set of confidence- and security-building measures (CSBMs) designed to increase openness and predictability about military activities in Europe, with the aim of reducing the risk of armed conflict in Europe.
Security Aspects of CSCE
The CDE is a substantial and integral part of the Conference on Security and Cooperation in Europe (CSCE), which was established in the early 1970s, but whose origins date back to the 1950s.
In 1954 Soviet Foreign Minister Molotov proposed an all-European Treaty on collective security with the goal of ensuring the status quo in Europe and establishing a collective European security agreement, with the United States having "observer" status. Between 1954 and 1969, the Soviet Union and its allies presented several variations of this initial proposal. In response, NATO members of the North Atlantic Alliance established several preconditions for an agreement to an all-European security forum, including: the participation of the United States and Canada as full partners; the inclusion, as integral elements of such a security framework, of issues such as human rights, human contacts, and cultural and educational exchanges; the peaceful resolution of the status of Berlin; and the initiation of talks on force reductions in Central Europe, the Mutual and Balanced Force Reductions (MBFR) talks. Agreement was eventually reached on these preconditions.
Preparatory talks began in November 1972, and the Conference on Security and Cooperation in Europe (CSCE) opened in Helsinki in July 1973. From September 18, 1973 to July 21, 1975, the Conference was held in Geneva.
The Concluding Document of the Conference, the Helsinki Final Act, was signed on August 1, 1975 in Helsinki by the 35 participating countries (the United States, Canada, and all European states except Albania). This launched what has come to be known as the "Helsinki process" or "CSCE process," which calls for balanced progress in three subject areas, called "Baskets." Basket One concerns questions of security in Europe, including principles guiding relations among participating states and confidence-building measures; Basket Two concerns cooperation in the field of economics, science and technology, and the environment; Basket Three concerns cooperation in humanitarian and other fields. The Final Act represents a political commitment that is not legally binding upon the parties.
CSCE Confidence-Building Measures (CBMs)
Included in Basket One of the Helsinki Final Act is a document on Confidence-Building Measures and Certain Aspects of Security and Disarmament. The document contains a series of modest confidence-building measures designed to reduce the "dangers of armed conflict and of misunderstanding or miscalculation of military activities which could give rise to apprehension...." The centerpiece is the commitment to provide notification, twenty-one days in advance, of major military maneuvers involving more than 25,000 troops (to include amphibious and airborne troops) taking place "on the territory, in Europe, of any participating state as well as, if applicable, in the adjoining sea area and air space." In addition, the document encourages voluntary notification of smaller scale military maneuvers, major military movements, and the invitation of observers to maneuvers.
Madrid CSCE Followup Meeting
The Helsinki Final Act calls for periodic CSCE followup meetings, designed to review implementation of the provisions and principles of the Final Act, and to consider new proposals. The second follow-up meeting, held in Madrid from November 1980 to September 1983, considered a variety of proposals for a new conference to develop further the Helsinki CBMs. The concluding document of the Madrid meeting called for a special meeting, titled the Conference on Confidence- and Security-Building Measures and Disarmament in Europe, whose aim was to "undertake in stages, new, effective and concrete actions designed to make progress in strengthening confidence and security and in achieving disarmament, so as to give effect and expression to the duty of states to refrain from the threat or use of force in their mutual relations." It stipulated that the first conference would be held in Stockholm, Sweden, and would be devoted to the negotiation and adoption of a set of mutually complementary confidence- and security-building measures designed to reduce the risk of military confrontation in Europe. The mandate specified that these CSBMs would be militarily significant, politically binding, verifiable, and applicable to the whole of Europe. The extension of the area of applicability to the entire European part of Soviet territory (i.e., to the Ural Mountains) was a significant step, since the CBMs in the 1975 Helsinki Final Act were applicable in Soviet territory only to a depth of 250 kilometers from its European borders.
Conference on Confidence- and Security-Building Measures and Disarmament in Europe (CDE)
The CDE opened in Stockholm on January 17, 1984. Seven days later, the 16 members of NATO tabled a package of six concrete and mutually complementary confidence- and security-building measures, providing for: exchange of information about the organization and location of military forces in the area of applicability; exchange of annual forecasts of notifiable military activities; 45-day advance notification of military exercises at significantly lower thresholds than the Helsinki CBMs; invitation of observers to all notified activities; on-site inspection to help verify compliance; and improved means of communication.
The first eighteen months of the conference were dominated by debate on the purpose of the conference, that is, whether it would adopt a largely declaratory approach to confidence-building as advocated by the Soviet Union and its allies, or the concrete approach of the NATO allies. The conference formed itself into working groups at the end of 1985, which facilitated serious work, and received political impetus from the Geneva Summit meeting between President Reagan and General Secretary Gorbachev. But it was not until late summer of 1986, when the Soviet Union indicated willingness to accept on-site inspection, that it became evident that a substantive outcome that met the criteria of the Madrid mandate might be possible.
At the closing plenary, the conference adopted by consensus the Stockholm Document. Principal measures call for the following:
- Observation: mandatory invitation of observers from all participating states to attend notified military activities above a threshold of 17,000 troops.
- Forecasting: exchange of annual forecasts of all notifiable military activities. Activities involving more than 40,000 troops are prohibited unless announced a year in advance and activities involving more than 75,000 troops are prohibited unless forecast two years in advance.
- Inspection: on-site inspection from the air or ground or both to verify compliance with agreed measures, with no right of refusal.
The conferences reaffirmation of the non-use of force principle includes language on human rights, anti-terrorism, and compliance with international commitments and denying the validity of the so-called Brezhnev doctrine.
In January 1989, the third follow-up meeting of the CSCE, held in Vienna, Austria, issued the Vienna Concluding Document. Among its provisions as a mandate to resume the negotiations in CSBMs. These negotiations among the 35 CSCE states opened in Vienna on March 9, 1989. The concluding document also noted that new negotiations among the 23 members of NATO and the Warsaw Treaty Organization would be conducted "within the framework of the CSCE process." These negotiations also opened in Vienna on March 1, 1989.
* The actual date of adoption was September 22. The clock at the Conference was stopped by common consent in the early evening of September 19 when it was judged that extra time would be required to finalize the agreement. This was necessary to satisfy the stipulation of the Madrid Mandate that the Conference end on September 19.
Signed at Stockholm September 19, 1986
(1) The representatives of the participating States of the Conference on Security and Co-operation in Europe (CSCE), Austria, Belgium, Bulgaria, Canada, Cyprus, Czechoslovakia, Denmark, Finland, France, the German Democratic Republic, the Federal Republic of Germany, Greece, the Holy See, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Spain, Sweden, Switzerland, Turkey, the Union of Soviet Socialist Republics, the United Kingdom, the United States of America and Yugoslavia, met in Stockholm from 17 January 1984 to 19 September 1986, in accordance with the provisions relating to the Conference on Confidence- and Security-Building Measures and Disarmament in Europe contained in the Concluding Document of the Madrid Followup Meeting of the CSCE.
(2) The participants were addressed by the Prime Minister of Sweden, the late Olof Palme, on 17 January 1984.
(3) Opening statements were made by the Ministers of Foreign Affairs and other Heads of Delegation. The Prime Minister of Spain as well as Ministers and senior officials of several other participating States addressed the Conference later. The Minister for Foreign Affairs of Sweden addressed the Conference on 19 September 1986.
(4) The Secretary-General of the United Nations addressed the Conference on 6 July 1984.
(5) Contributions were made by the following non-participating Mediterranean States: Algeria, Egypt, Israel, Lebanon, Libya, Morocco, Syria and Tunisia.
(6) The participating States recalled that the aim of the Conference on Confidence- and Security-Building Measures and Disarmament in Europe is, as a substantial and integral part of the multilateral process initiated by the Conference on Security and Co-operation in Europe, to undertake, in stages, new, effective and concrete actions designed to make progress in strengthening confidence and security and in achieving disarmament, so as to give effect and expression to the duty of States to refrain from the threat or use of force in their mutual relations as well as in their international relations in general.
(7) The participating States recognized that the set of mutually complementary confidence- and security-building measures which are adopted in the present document and which are in accordance with the Madrid mandate serve by their scope and nature and by their implementation to strengthen confidence and security in Europe and thus to give effect and expression to the duty of States to refrain from the threat or use of force.
(8) Consequently the participating States have declared the following:
REFRAINING FROM THE THREAT OR USE OF FORCE
(9) The participating States, recalling their obligation to refrain, in their mutual relations as well as in their international relations in general, from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations, accordingly reaffirm their commitment to respect and put into practice the principle of refraining from the threat or use of force, as laid down in the Final Act.
(10) No consideration may be invoked to serve to warrant resort to the threat or use of force in contravention of this principle.
(11) They recall the inherent right of individual or collective self-defence if an armed attack occurs, as set forth in the Charter of the United Nations.
(12) They will refrain from any manifestation of force for the purpose of inducing any other State to renounce the full exercise of its sovereign rights.
(13) As set forth in the Final Act, no occupation or acquisition of territory resulting from the threat or use of force in contravention of international law, will be recognized as legal.
(14) They recognize their commitment to peace and security. Accordingly they reaffirm that they will refrain from any use of armed forces inconsistent with the purposes and principles of the Charter of the United Nations and the provisions of the Declaration on Principles Guiding Relations between Participating States, against another participating State, in particular from invasion of or attack on its territory.
(15) They will abide by their commitment to refrain from the threat or use of force in their relations with any State, regardless of that States political, social, economic, or cultural system and irrespective of whether or not they maintain with that State relations of alliance.
(16) They stress that non-compliance with the obligation of refraining from the threat or use of force, as recalled above, constitutes a violation of international law.
(17) They stress their commitment to the principle of peaceful settlement of disputes as contained in the Final Act, convinced that it is an essential complement to the duty of States to refrain from the threat or use of force, both being essential factors for the maintenance and consolidation of peace and security. They recall their determination and the necessity to reinforce and to improve the methods at their disposal for the peaceful settlement of disputes. They reaffirm their resolve to make every effort to settle exclusively by peaceful means any dispute between them.
(18) The participating States stress their commitment to the Final Act and the need for full implementation of all its provisions, which will further the process of improving security and developing co-operation in Europe, thereby contributing to international peace and security in the world as a whole.
(19) They emphasize their commitment to all the principles of the Declaration on Principles Guiding Relations between Participating States and declare their determination to respect and put them into practice irrespective of their political, economic or social systems as well as of their size, geographical location or level of economic development.
(20) All these ten principles are of primary significance and, accordingly, they will be equally and unreservedly applied, each of them being interpreted taking into account the others.
(21) Respect for and the application of these principles will enhance the development of friendly relations and co-operation among the participating States in all fields covered by the provisions of the Final Act.
(22) They reconfirm their commitment to the basic principle of the sovereign equality of States and stress that all States have equal rights and duties within the framework of international law.
(23) They reaffirm the universal significance of human rights and fundamental freedoms. Respect for and the effective exercise of these rights and freedoms are essential factors for international peace, justice and security, as well as for the development of friendly relations and co-operation among themselves as among all States, as set forth in the Declaration on Principles Guiding Relations between Participating States.
(24) They reaffirm that, in the broader context of world security, security in Europe is closely linked with security in the Mediterranean area as a whole; in this context, they confirm their intention to develop good neighborly relations with all States in the region, with due regard to reciprocity, and in the spirit of the principles contained in the Declaration on Principles Guiding Relations between Participating States, so as to promote confidence and security and make peace prevail in the region in accordance with the provisions contained in the Mediterranean chapter of the Final Act.
(25) They emphasize the necessity to take resolute measures to prevent and to combat terrorism, including terrorism in international relations. They express their determination to take effective measures, both at the national level and through international co-operation, for the prevention and suppression of all acts of terrorism. They will take all appropriate measures in preventing their respective territories from being used for the preparation, organization or commission of terrorist activities. This also includes measures to prohibit on their territories illegal activities, including subversive activities, of persons, groups and organizations that instigate, organize or engage in the perpetration of acts of terrorism, including those directed against other States and their citizens.
(26) They will fulfill in good faith their obligations under international law; they also stress that strict compliance with their commitments within the framework of the CSCE is essential for building confidence and security.
(27) The participating States confirm that in the event of a conflict between the obligations of the members of the United Nations under the Charter of the United Nations and their obligations under any Treaty or other international agreement, their obligations under the Charter will prevail, in accordance with Article 103 of the Charter of the United Nations.
(28) The participating States have adopted the following measures:
PRIOR NOTIFICATION OF CERTAIN MILITARY ACTIVITIES
(29) The participating States will give notification in writing through diplomatic channels in an agreed form of content, to all other participating States 42 days or more in advance of the start of notifiable1 military activities in the zone of application for confidence- and security-building measures (CSBMs).2
(30) Notification will be given by the participating State on whose territory the activity in question is planned to take place even if the forces of that State are not engaged in the activity or their strength is below the notifiable level. This will not relieve other participating States of their obligation to give notification, if their involvement in the planned military activity reaches the notifiable level.
(31) Each of the following military activities in the field conducted as a single activity in the zone of application for CSBMs at or above the levels defined below, will be notified.
(31.1) The engagement of formations of land forces3 of the participating States in the same exercise activity conducted under a single operational command independently or in combination with any possible air or naval components.
(31.1.1) This military activity will be subject to notification whenever it involves at any time during the activity:
-- at least 300 battle tanks
if organized into a divisional structure or at least two brigades/regiments, not necessarily subordinate to the same division.
(31.1.2) The participation of air forces of the participating States will be included in the notification if it is foreseen that in the course of the activity 200 or more sorties by aircraft, excluding helicopters, will be flown.
(31.2) The engagement of military forces either in an amphibious landing or in a parachute assault by airborne forces in the zone of application for CSBMs.
(31.2.1) These military activities will be subject to notification whenever the amphibious landing involves at least 3,000 troops or whenever the parachute drop involves at least 3,000 troops.
(31.3) The engagement of formations of land forces of the participating States in a transfer from outside the zone of application for CSBMs to arrival points in the zone, or from inside the zone of application for CSBMs to points of concentration in the zone, to participate in a notifiable exercise activity or to be concentrated.
(31.3.1) The arrival or concentration of these forces will be subject to notification whenever it involves, at any time during the activity:
-- at least 300 battle tanks
if organized into a divisional structure or at least two brigades/regiments, not necessarily subordinate to the same division.
(31.3.2) Forces which have been transferred into the zone will be subject to all provisions of agreed CSBMs when they depart their arrival points to participate in a notifiable exercise activity or to be concentrated within the zone of application for CSBMs.
(32) Notifiable military activities carried out without advance notice to the troops involved, are exceptions to the requirement for prior notification to be made 42 days in advance.
(32.1) Notification of such activities, above the agreed thresholds, will be given at the time the troops involved commence such activities.
(33) Notification will be given in writing of each notifiable military activity in the following agreed form:
(34) A - General Information
(34.1) The designation of the military activity;
(34.2) The general purpose of the military activity;
(34.3) The names of the States involved in the military activity;
(34.4) The level of command, organizing and commanding the military activity;
(34.5) The start and end dates of the military activity.
(35) B - Information on different types of notifiable military activities
(35.1) The engagement of land forces of the participating States in the same exercise activity conducted under a single operational command independently or in combination with any possible air or naval components:
(35.1.1) The total number of troops taking part in the military activity (i.e., ground troops, amphibious troops, airmobile and airborne troops) and the number of troops participating for each State involved, if applicable;
(35.1.2) Number and type of divisions participating for each State;
(35.1.3) The total number of battle tanks for each State and the total number of anti-tank guided missile launchers mounted on armored vehicles;
(35.1.4) The total number of artillery pieces and multiple rocket launchers (100 mm calibre or above);
(35.1.5) The total number of helicopters, by category;
(35.1.6) Envisaged number of sorties by aircraft, excluding helicopters;
(35.1.7) Purpose of air missions;
(35.1.8) Categories of aircraft involved;
(35.1.9) The level of command, organizing and commanding the air force participation;
(35.1.10) Naval ship-to-shore gunfire;
(35.1.11) Indication of other naval ship-to-shore support;
(35.1.12) The level of command, organizing and commanding the naval force participation.
(35.2) The engagement of military forces either in an amphibious landing or in a parachute assault by airborne forces in the zone of application for CSBMs;
(35.2.1) The total number of amphibious troops involved in notifiable amphibious landings, and/or the total number of airborne troops involved in notifiable parachute assaults;
(35.2.2) In the case of a notifiable amphibious landing, the point or points of embarkation, if in the zone of application for CSBMs.
(35.3) The engagement of formations of land forces of the participating States in a transfer from outside the zone of application for CSBMs to arrival points in the zone, or from inside the zone of application for CSBMs to points of concentration in the zone, to participate in a notifiable exercise activity or to be concentrated:
(35.3.1) The total number of troops transferred;
(35.3.2) Number and type of divisions participating in the transfer;
(35.3.3) The total number of battle tanks participating in a notifiable arrival of concentration;
(35.3.4) Geographical co-ordinates for the points of arrival and for the points of concentration.
(36) C - The envisaged area and timeframe of the activity
(36.1) The area of the military activity delimited by geographic features together with geographic coordinates, as appropriate;
(36.2) The start and end dates of each phase (transfers, deployment, concentration of forces, active exercise phase, recovery phase) of activities in the zone of application for CSBMs of participating formations, the tactical purpose and corresponding geographical areas (delimited by geographical co-ordinates) for each phase;
(36.3) Brief description of each phase.
(37) D - Other information
(37.1) Changes, if any, in relation to information provided in the annual calendar regarding the activity;
(37.2) Relationship of the activity to other notifiable activities.
OBSERVATION OF CERTAIN MILITARY ACTIVITIES
(38) The participating States will invite observers from all other participating States to the following notifiable military activities:
(38.1) The engagement of formations of land forces3 of the participating States in the same exercise activity conducted under a single operational command independently or in combination with any possible air or naval components;
(38.2) The engagement of military forces either in an amphibious landing or in a parachute assault by airborne forces in the zone of application for CSBMs;
(38.3) In the case of the engagement of formations of land forces of the participating States in a transfer from outside the zone of application for CSBMs to arrival points in the zone, or from inside the zone of application for CSBMs to points of concentration in the zone, to participate in a notifiable exercise activity or to be concentrated, the concentration of these forces. Forces which have been transferred into the zone will be subject to all provisions of agreed confidence- and security-building measures when they depart their arrival points to participate in a notifiable exercise activity or to be concentrated within the zone of application for CSBMs;
(38.4) The above-mentioned activities will be subject to observation whenever the number of troops engaged meets or exceeds 17,000 troops, except in the case of either an amphibious landing or a parachute assault by airborne forces, which will be subject to observation whenever the number of troops engaged meets or exceeds 5,000 troops.
(39) The host State will extend the invitations in writing through diplomatic channels to all other participating States at the time of notification. The host State will be the participating State on whose territory the notified activity will take place.
(40) The host State may delegate some of its responsibilities as host to another participating State engaged in the military activity on the territory of the host State. In such cases, the host State will specify the allocation of responsibilities in its invitation to observe the activity.
(41) Each participating State may send up to two observers to the military activity to be observed.
(42) The invited State may decide whether to send military and/or civilian observers, including members of its personnel accredited to the host State. Military observers will, normally, wear their uniforms and insignia while performing their tasks.
(43) Replies to the invitation will be given in writing not later than 21 days after the issue of the invitation.
(44) The participating State accepting an invitation will provide the names and ranks of their observers in their reply to the invitation. If the invitation is not accepted in time, it will be assumed that no observers will be sent.
(45) Together with the invitation the host State will provide a general observation programme, including the following information:
(45.1) the date, time and place of assembly of observers;
(45.2) planned duration of the observation programme;
(45.3) languages to be used in interpretation and/or translation;
(45.4) arrangements for board, lodging and transportation of the observers;
(45.5) arrangements for observation equipment which will be issued to the observers by the host State;
(45.6) possible authorization by the host State of the use of special equipment that the observers may bring with them;
(45.7) arrangements for special clothing to be issued to the observers because of weather or environmental factors.
(46) The observers may make requests with regard to the observation programme. The host State will, if possible, accede to them.
(47) The host State will determine a duration of observation which permits the observers to observe a notifiable military activity from the time that agreed thresholds for observation are met or exceeded until, for the last time during the activity, the thresholds for observation are no longer met.
(48) The host State will provide the observers with transportation to the area of the notified activity and back. This transportation will be provided from either the capital or another suitable location to be announced in the invitation, so that the observers are in position before the start of the observation programme.
(49) The invited State will cover the travel expenses for its observers to the capital, or another suitable location specified in the invitation, of the host State, and back.
(50) The observers will be provided equal treatment and offered equal opportunities to carry out their functions.
(51) The observers will be granted, during their mission, the privileges and immunities accorded to diplomatic agents in the Vienna Convention on Diplomatic Relations.
(52) The host State will not be required to permit observation of restricted locations, installations or defence sites.
(53) In order to allow the observers to confirm that the notified activity is non-threatening in character and that it is carried out in conformity with the appropriate provisions of the notification, the host State will:
(53.1) at the commencement of the observation programme give a briefing on the purpose, the basic situation, the phases of the activity and possible changes as compared with the notification and provide the observers with a map of the area of the military activity with a scale of 1 to not more than 500,000 and an observation programme with a daily schedule as well as a sketch indicating the basic situation;
(53.2) provide the observers with appropriate observation equipment; however, the observers will be allowed to use their personal binoculars, which will be subject to examination and approval by the host State;
(53.3) in the course of the observation programme give the observers daily briefings with the help of maps on the various phases of the military activity and their development and inform the observers about their positions geographically; in the case of a land force activity conducted in combination with air or naval components, briefings will be given by representatives of these forces;
(53.4) provide opportunities to observe directly forces of the State/States engaged in the military activity so that the observers get an impression of the flow of the activity; to this end, the observers will be given the opportunity to observe major combat units of the participating formations of a divisional or equivalent level and, whenever possible, to visit some units and communicate with commanders and troops; commanders or other senior personnel of participating formations as well as of the visited units will inform the observers of the mission of their respective units;
(53.5) guide the observers in the area of the military activity; the observers will follow the instructions issued by the host State in accordance with the provisions set out in this document;
(53.6) provide the observers with appropriate means of transportation in the area of the military activity;
(53.7) provide the observers with opportunities for timely communication with their embassies or other official missions and consular posts; the host State is not obligated to cover the communication expenses of the observers;
(53.8) provide the observers with appropriate board and lodging in a location suitable for carrying out the observation programme and, when necessary, medical care.
(54) The participating States need not invite observers to notifiable military activities which are carried out without advance notice to the troops involved unless these notifiable activities have a duration of more than 72 hours. The continuation of these activities beyond this time will be subject to observation while the agreed thresholds for observation are met or exceeded. The observation programme will follow as closely as practically possible all the provisions for observation set out in this document.
(55) Each participating State will exchange, with all other participating States, an annual calendar of its military activities subject to prior notification,4 within the zone of application for CSBMs, forecast for the subsequent calendar year. It will be transmitted every year, in writing, through diplomatic channels, not later than 15 November for the following year.
(56) Each participating State will list the above-mentioned activities chronologically and will provide information on each activity in accordance with the following model:
(56.1) type of military activity and its designation;
(56.2) general characteristics and purpose of the military activity;
(56.3) States involved in the military activity;
(56.4) area of the military activity, indicated by appropriate geographic features and/or defined by geographic co-ordinates;
(56.5) planned duration of the military activity and the 14-day period, indicated by dates, within which it is envisaged to start;
(56.6) the envisaged total number of troops engaged in the military activity;
(56.7) the types of armed forces involved in the military activity;
(56.8) the envisaged level of command, under which the military activity will take place;
(56.9) the number and type of divisions whose participation in the military activity is envisaged;
(56.10) any additional information concerning, inter alia, components of armed forces, which the participating State planning the military activity considers relevant.
(57) Should changes regarding the military activities in the annual calendar prove necessary, they will be communicated to all other participating States no later than in the appropriate notification.
(58) Information on military activities subject to prior notification not included in an annual calendar will be communicated to all participating States as soon as possible, in accordance with the model provided in the annual calendar.
(59) Each participating State will communicate, in writing, to all other participating States, by 15 November each year, information concerning military activities subject to prior notification4 involving more than 40,000 troops,4 which it plans to carry out in the second subsequent calendar year. Such communication will include preliminary information on each activity, as to its general purpose, timeframe and duration, area, size and States involved.
(60) Participating States will not carry out military activities subject to prior notification involving more than 75,000 troops, unless they have been the object of communication as defined above.
(61) Participating States will not carry out military activities subject to prior notification involving more than 40,000 troops unless they have been included in the annual calendar, not later than 15 November each year.
(62) If military activities subject to prior notification are carried out in addition to those contained in the annual calendar, they should be as few as possible.
COMPLIANCE AND VERIFICATION
(63) According to the Madrid Mandate, the confidence- and security-building measures to be agreed upon "will be provided with adequate forms of verification which correspond to their content."
(64) The participating States recognize that national technical means can play a role in monitoring compliance with agreed confidence- and security-building measures.
(65) In accordance with the provisions contained in this document each participating State has the right to conduct inspections on the territory of any other participating State within the zone of application for CSBMs.
(66) Any participating State will be allowed to address a request for inspection to another participating State on whose territory, within the zone of application for CSBMs, compliance with the agreed confidence- and security-building measures is in doubt.
(67) No participating State will be obliged to accept on its territory, within the zone of application for CSBMs, more than three inspections per calendar year.
(68) No participating State will be obliged to accept more than one inspection per calendar year from the same participating State.
(69) An inspection will not be counted if, due to force majeure, it cannot be carried out.
(70) The participating State which requests an inspection will state the reasons for such a request.
(71) The participating State which has received such a request will reply in the affirmative to the request within the agreed period of time, subject to the provisions contained in paragraphs (67) and (68).
(72) Any possible dispute as to the validity of the reasons for a request will not prevent or delay the conduct of an inspection.
(73) The participating State which requests an inspection will be permitted to designate for inspection on the territory of another State within the zone of application for CSBMs, a specific area. Such an area will be referred to as the "specified area." The specified area will comprise terrain where notifiable military activities are conducted or where another participating State believes a notifiable military activity is taking place. The specified area will be defined and limited by the scope and scale of notifiable military activities but will not exceed that required for an army level military activity.
(74) In the specified area the representatives of the inspecting State accompanied by the representatives of the receiving State will be permitted access, entry and unobstructed survey, except for areas or sensitive points to which access is normally denied or restricted, military and other defence installations, as well as naval vessels, military vehicles and aircraft. The number and extent of the restricted areas should be as limited as possible. Areas where notifiable military activities can take place will not be declared restricted areas, except for certain permanent or temporary military installations which, in territorial terms, should be as small as possible, and consequently those areas will not be used to prevent inspection of notifiable military activities. Restricted areas will not be employed in a way inconsistent with the agreed provisions on inspection.
(75) Within the specified area, the forces of participating States other than the receiving State will also be subject to the inspection conducted by the inspecting State.
(76) Inspection will be permitted on the ground, from the air, or both.
(77) The representatives of the receiving State will accompany the inspection team, including when it is in land vehicles and an aircraft from the time of their first employment until the time they are no longer in use for the purposes of inspection.
(78) In its request, the inspecting State will notify the receiving State of:
(78.1) the reasons for the request;
(78.2) the location of the specified area defined by geographical co-ordinates;
(78.3) the preferred point(s) of entry for the inspection team;
(78.4) mode of transport to and from the point(s) of entry and, if applicable, to and from the specified area;
(78.5) where in the specified area the inspection will begin;
(78.6) whether the inspection will be conducted from the ground, from the air, or both simultaneously;
(78.7) whether aerial inspection will be conducted using an airplane, a helicopter, or both;
(78.8) whether the inspection team will use land vehicles provided by the receiving State or, if mutually agreed, its own vehicles;
(78.9) information for the issuance of diplomatic visas to inspectors entering the receiving State.
(79) The reply to the request will be given in the shortest possible period or time, but within not more than 24 hours. Within 36 hours after the issuance of the request, the inspection team will be permitted to enter the territory of the receiving State.
(80) Any request for inspection as well as the reply thereto will be communicated to all participating States without delay.
(81) The receiving State should designate the point(s) of entry as close as possible to the specified area. The receiving State will ensure that the inspection team will be able to reach the specified area without delay from the point(s) of entry.
(82) All participating States will facilitate the passage of the inspection teams through their territory.
(83) Within 48 hours after the arrival of the inspection team at the specified area, the inspection will be terminated.
(84) There will be no more than four inspectors in an inspection team. While conducting the inspection the inspection team may divide into two parts.
(85) The inspectors and, if applicable, auxiliary personnel, will be granted during their mission the privileges and immunities in accordance with the Vienna Convention on Diplomatic Relations.
(86) The receiving State will provide the inspection team with appropriate board and lodging in a location suitable for carrying out the inspection, and, when necessary, medical care; however this does not exclude the use by the inspection team of its own tents and rations.
(87) The inspection team will have use of its own maps, own photo cameras, own binoculars and own dictaphones, as well as own aeronautical charts.
(88) The inspection team will have access to appropriate telecommunications equipment of the receiving State, including the opportunity for continuous communication between the members of an inspection team in an aircraft and those in a land vehicle employed in the inspection.
(89) The inspecting State will specify whether aerial inspection will be conducted using an airplane, a helicopter or both. Aircraft for inspection will be chosen by mutual agreement between the inspecting and receiving States. Aircraft will be chosen which provide the inspection team a continuous view of the ground during the inspection.
(90) After the flight plan, specifying, inter alia, the inspection teams choice of flight path, speed and altitude in the specified area, has been filed with the competent air traffic control authority the inspection aircraft will be permitted to enter the specified area without delay. Within the specified area, the inspection team will, at its request, be permitted to deviate from the approved flight plan to make specific observations provided such deviation is consistent with paragraph (74) as well as flight safety and air traffic requirements. Directions to the crew will be given through a representative of the receiving State on board the aircraft involved in the inspection.
(91) One member of the inspection team will be permitted, if such a request is made, at any time to observe data on navigational equipment of the aircraft and to have access to maps and charts used by the flight crew for the purpose of determining the exact location of the aircraft during the inspection flight.
(92) Aerial and ground inspectors may return to the specified area as often as desired within the 48-hour inspection period.
(93) The receiving State will provide for inspection purposes land vehicles with cross country capability. Whenever mutually agreed taking into account the specific geography relating to the area to be inspected, the inspecting State will be permitted to use its own vehicles.
(94) If land vehicles or aircraft are provided by the inspecting State, there will be one accompanying driver for each land vehicle, or accompanying aircraft crew.
(95) The inspecting State will prepare a report of its inspection and will provide a copy of that report to all participating States without delay.
(96) The inspection expenses will be incurred by the receiving State except when the inspecting State uses its own aircraft and/or land vehicles. The travel expenses to and from the point(s) of entry will be borne by the inspecting State.
(97) Diplomatic channels will be used for communications concerning compliance and verification.
(98) Each participating State will be entitled to obtain timely clarification from any other participating State concerning the application of agreed confidence- and security-building measures. Communications in this context will, if appropriate, be transmitted to all other participating States.
(99) The participating States stress that these confidence- and security-building measures are designed to reduce the dangers of armed conflict and misunderstanding or miscalculation of military activities and emphasize that their implementation will contribute to these objectives.
(100) Reaffirming the relevant objectives of the Final Act, the participating States are determined to continue building confidence, to lessen military confrontation and to enhance security for all. They are also determined to achieve progress in disarmament.
(101) The measures adopted in this document are politically binding and will come into force on 1 January 1987.
(102) The Government of Sweden is requested to transmit the present document to the follow-up meeting of the CSCE in Vienna and to the Secretary-General of the United Nations. The Government of Sweden is also requested to transmit the present document to the Governments of the non-participating Mediterranean States.
(103) The text of this document will be published in each participating State, which will disseminate it and make it known as widely as possible.
(104) The representatives of the participating States express their profound gratitude to the Government and people of Sweden for the excellent arrangements made for the Stockholm Conference and the warm hospitality extended to the delegations which participated in the Conference.
Stockholm, 19 September 1986
1 In this document, the term notifiable means subject to notification [text in original].
2 See Annex I [text in original].
3 In this context, the term land forces includes amphibious, airmobile, and airborne forces [text in original].
4 As defined in the provisions on Prior Notification of Certain Military Activities [text in original].
Under the terms of the Madrid mandate, the zone of application for CSBMs is defined as follows:
"On the basis of equality of rights, balance and reciprocity, equal respect for the security interests of all CSCE participating States, and of their respective obligations concerning confidence- and security-building measures and disarmament in Europe, these confidence- and security-building measures will cover the whole of Europe as well as the adjoining sea area* and air space. They will be of military significance and politically binding and will be provided with adequate forms of verification which correspond to their content.
"As far as the adjoining sea area* and air space is concerned, the measures will be applicable to the military activities of all the participating States taking place there whenever these activities affect security in Europe as well as constitute a part of activities taking place within the whole of Europe as referred to above, which they will agree to notify. Necessary specifications will be made through the negotiations on the confidence- and security-building measures at the Conference.
"Nothing in the definition of the zone given above will diminish obligations already undertaken under the Final Act. The confidence- and security-building measures to be agreed upon at the Conference will also be applicable in all areas covered by any of the provisions in the Final Act relating to confidence-building measures and certain aspects of security and disarmament."
* In this context, the notion of adjoining sea area is understood to refer also to ocean areas adjoining Europe.
(Whenever the term "the zone of application for CSBMs" is used in this document, the above definition will apply [text in original].)
It is understood that, taking into account the agreed date of entry into force of the agreed confidence- and security-building measures and the provisions contained in them concerning the timeframes of certain advance notifications, and expressing their interest in an early transition to the full implementation of the provisions of this document, the participating States agree to the following:
The annual calendars concerning military activities subject to prior notification and forecast for 1987 will be exchanged not later than 15 December 1986.
Communications, in accordance with agreed provisions, concerning military activities involving more than 40,000 troops planned for the calendar year 1988 will be exchanged by 15 December 1986. Participating States may undertake activities involving more than 75,000 troops during the calendar year 1987 provided that they are included in the annual calendar exchanged by 15 December 1986.
Activities to begin during the first 42 days after 1 January 1987 will be subject to the relevant provisions of the Final Act of the CSCE. However, the participating States will make every effort to apply to them the provisions of this document to the maximum extent possible.
This statement will be an annex to the Document of the Stockholm Conference and will be published with it.
Stockholm, 19 September 1986
It is understood that each participating State can raise any question consistent with the mandate of the Conference on Confidence- and Security-Building Measures and Disarmament in Europe at any stage subsequent to the Vienna CSCE Follow-up Meeting.
This statement will be an annex to the Document of the Stockholm Conference and will be published with it.
Stockholm, 19 September 1986
It is understood that the participating States recall that they have the right to belong or not to belong to international organizations, to be or not to be a party to bilateral or multilateral treaties including the right to be or not to be a party to treaties of alliance; they also have the right of neutrality. In this context, they will not take advantage of these rights to circumvent the purposes of the system of inspection, and in particular the provision that a participating State will be obliged to accept on its territory within the zone of application for CSBMs, more than three inspections per calendar year.
Appropriate understandings between participating States on this subject will be expressed in interpretative statements to be included in the journal of the day.
The statement will be an annex to the Document of the Stockholm Conference and will be published with it.
Stockholm, 19 September 1986