Final document of the first conference to review the operation of the Treaty on Conventional Armed Forces in Europe and the concluding act of the negotiation on personnel strength

Armenia

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.

Azerbaijan

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.

Belgium

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.

Georgia

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.

Moldova

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.[...]

Netherlands, the Republic of the Seven United

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.[...]

Poland

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.

Russian Federation

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.]

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.

Ukraine

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...

United Kingdom

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. [...]

United States of America

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. [...]