Agreement on Adaptation of the Treaty on Conventional Armed Forces in Europe

Russian Federation

06-12-2004

Statement by the State Duma concerning the ratification of the Agreement on Adaptation of the Treaty on Conventional Armed Forces in Europe.
The State Duma of the Federal Assembly of the Russian Federation notes that the signature of the Agreement on Adaptation of the Treaty on Conventional Armed Forces in Europe (the Agreement on Adaptation of the CFE Treaty) has been an important contribution to greater stability and security on the European continent.
The State Duma denounces the unconstructive position of some States Parties to the CFE Treaty, above all members of NATO, which have invented pretexts to postpone the start of ratification of the Agreement on Adaptation of the CFE Treaty. Particularly given the emergence in Europe of so-called grey areas that are not covered by the regime of the CFE Treaty, primarily including the territories of Estonia, Latvia and Lithuania, and the possible stationing of NATO troops, armaments and military facilities in these areas, further delays to this process may call into question both the arms control process and the positive trends in Russia's relations with the alliance.
Noting that the rapid entry into force of the Agreement on Adaptation of the CFE Treaty would serve the interests of European security, the State Duma calls upon the parliaments of the States Parties to the CFE Treaty that have not yet ratified it to complete the national ratification procedures without delay, thereby fulfilling the commitment laid down in the Final Act of the Conference of the States Parties to the Treaty on Conventional Armed Forces in Europe (the Final Act), adopted in Istanbul on 19 November 1999.
The Federal Law on Ratification of the Agreement on Adaptation of the Treaty on Conventional Armed Forces in Europe has been adopted by the State Duma on the following premises:
1. Until such time as the Agreement on Adaptation of the CFE Treaty enters into force, the Russian Federation will fulfil the political commitments it has assumed during and as a result of the negotiations on adaptation of the CFE Treaty, including those concerning military restraint in certain regions, on condition that all other States Parties to the CFE Treaty fulfil the commitments set forth in the Final Act, including the commitment to move forward expeditiously to complete national ratification procedures.
2. In the event of exceptional circumstances that may constitute a threat to the supreme interests of the Russian Federation, the Federation will take political, diplomatic and other measures to eliminate such circumstances, including, where necessary, measures affecting the regime of the CFE Treaty and of the Agreement on Adaptation of the CFE Treaty, as set forth in the Federal Law on the International Treaties of the Russian Federation.
In particular, the said exceptional circumstances include:
(1) withdrawal of any State Party from the CFE Treaty (as amended by the Agreement on Adaptation of the CFE Treaty), as well as violation of its provisions by any State Party to the CFE Treaty or group of states that may constitute a threat to the national security of the Russian Federation;
(2) refusal by any State Party to the CFE Treaty or group of states to fulfil the commitments laid down in the Statement on Adaptation of the CFE Treaty, done at Brussels on 8 December 1998, as well as the commitments laid down in Annexes 1-4 and 7-11 to the Final Act concerning the adjustment of territorial ceilings for the Treaty-limited armaments and equipment of certain States Parties to the CFE Treaty and the future use of provisions for raising such ceilings, as well as de facto failure to fulfil the said commitments that may constitute a threat to the national security of the Russian Federation;
(3) use of force or threat of use of force by any State Party to the CFE Treaty or group of states against any other state in contravention of the Charter of the United Nations;
(4) decisions by any State Party to the CFE Treaty or group of states in the sphere of military policy and armed forces build-up that would constitute a threat to the national security of the Russian Federation, including:
· failure to fulfil commitments under Section IV of the Founding Act of 27 May 1997 on Mutual Relations, Cooperation and Security between the North Atlantic Treaty Organisation and the Russian Federation and the documents adopted in pursuance of it;
· simultaneous or subsequent use by any States Parties to the CFE Treaty or group of states of the right to temporary deployment of conventional armaments in a manner inconsistent with the goals of the Agreement on Adaptation of the CFE Treaty;
· deployment by any state or group of states of armaments in a manner that radically alters the balance of forces between the Russian Federation and the said state or group of states;
· a radical alteration in the military and political situation as compared with the situation that existed when this Statement was adopted.
3. States Parties to the CFE Treaty that have joined military and political unions since the Agreement on Adaptation of the CFE Treaty was signed will assume commitments to reduce their territorial ceilings of Treaty-limited armaments and equipment and to refrain from raising these ceilings in the future.
4. When conducting negotiations and signing agreements on military matters with any State Party to the CFE Treaty, the Russian Federation will, among other things, take account of that state's position regarding:
· the entry into force of and compliance with the Agreement on Adaptation of the CFE Treaty;
· the presence of Russian troops, armaments and military facilities on its territory;
· the possibility of stationing the troops, armaments and military facilities of third states or groups of states on its territory.
5. States that have acceded to the CFE Treaty will make a substantial contribution to greater European and subregional security, in particular by assuming additional commitments concerning limitation of levels of conventional armed forces on their territories, as well as the possibilities of changing them and temporarily exceeding them.
6. Once the Agreement on Adaptation of the CFE Treaty enters into force, negotiations will be held as soon as possible within the Joint Consultative Group with a view to:
· agreeing conditions for the accession of new states to the CFE Treaty;
· further reducing the potential of conventional armed forces in Europe.
7. Pending the relevant decision by the Joint Consultative Group, the Russian Federation reserves the right to independently determine the terms of payment in respect of inspections carried out at the expense of the inspecting State Party to the CFE Treaty on the territory of the Russian Federation or at the Russian Federation's military facilities outside the territory of the Russian Federation.
8. Reservations or statements made by other States Parties to the CFE Treaty will not be applicable to the Russian Federation if they would:
· change the essential provisions of the Agreement on Adaptation of the CFE Treaty;
· restrict the rights of the Russian Federation under the Agreement on Adaptation of the CFE Treaty; or
· conflict with the provisions of this Statement.
The State Duma proposes to the President of the Russian Federation, Vladimir V. Putin, that this Statement be attached to the Instrument of Ratification of the Agreement on Adaptation of the Treaty on Conventional Armed Forces in Europe.