Appendix A

TREATY ON CONVENTIONAL
ARMED FORCES IN EUROPE

 

 

The Kingdom of Belgium, the Republic of Bulgaria, Canada, the Czech and Slovak Federal Republic, the Kingdom of Denmark, the French Republic, the Federal Republic of Germany, the Hellenic Republic, the Republic of Hungary, the Republic of Iceland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Poland, the Portuguese Republic, Romania, the Kingdom of Spain, the Republic of Turkey, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America, hereinafter referred to as the States Parties,

Guided by the Mandate for Negotiation on Conventional Armed Forces in Europe of January 10, 1989, and having conducted this negotiation in Vienna beginning on March 9, 1989,

Guided by the objectives and the purposes of the Conference on Security and Cooperation in Europe, within the framework of which the negotiation of this Treaty was conducted,

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 and principles of the Charter of the United Nations,

Conscious of the need to prevent any military conflict in Europe,

Conscious of the common responsibility which they all have for seeking to achieve greater stability and security in Europe,

Striving to replace military confrontation with a new pattern of security relations among all the States Parties based on peaceful cooperation and thereby to contribute to overcoming the division of Europe,

Committed to the objectives of establishing a secure and stable balance of conventional armed forces in Europe at lower levels than heretofore, of eliminating disparities prejudicial to stability and security and of eliminating, as a matter of high priority, the capability for launching surprise attack and for initiating large-scale offensive action in Europe,

Recalling that they signed or acceded to the Treaty of Brussels of 1948, the Treaty of Washington of 1949 or the Treaty of Warsaw of 1955 and that they have the right to be or not to be a party to treaties of alliance,

Committed to the objective of ensuring that the numbers of conventional armaments and equipment limited by the Treaty within the area of application of this Treaty do not exceed 40,000 battle tanks, 60,000 armoured combat vehicles, 40,000 pieces of artillery, 13,600 combat aircraft and 4,000 attack helicopters,

Affirming that this Treaty is not intended to affect adversely the security interests of any State,

Affirming their commitment to continue the conventional arms control process including negotiations, taking into account future requirements for European stability and security in the light of political developments in Europe,

Have agreed as follows:

Article I

1. Each State Party shall carry out the obligations set forth in this Treaty in accordance with its provisions, including those obligations relating to the following five categories of conventional armed forces: battle tanks, armoured combat vehicles, artillery, combat aircraft and combat helicopters.

2. Each State Party also shall carry out the other measures set forth in this Treaty designed to ensure security and stability both during the period of reduction of conventional armed forces and after the completion of reductions.

3. This Treaty incorporates the Protocol on Existing Types of Conventional Armaments and Equipment, hereinafter referred to as the Protocol on Existing Types, with an Annex thereto; the Protocol on Procedures Governing the Reclassification of Specific Models or Versions of Combat-Capable Trainer Aircraft Into Unarmed Trainer Aircraft, hereinafter referred to as the Protocol on Aircraft Reclassification; the Protocol on Procedures Governing the Reduction of Conventional Armaments and Equipment Limited by the Treaty on Conventional Armed Forces in Europe, hereinafter referred to as the Protocol on Reduction; the Protocol on Procedures Governing the Categorisation of Combat Helicopters and the Recategorisation of Multi-Purpose Attack Helicopters, hereinafter referred to as the Protocol on Helicopter Recategorisation; the Protocol on Notification and Exchange of Information, hereinafter referred to as the Protocol on Information Exchange, with an Annex on the Format for the Exchange of Information, hereinafter referred to as the Annex on Format; the Protocol on Inspection; the Protocol on the Joint Consultative Group; and the Protocol on the Provisional Application of Certain Provisions of the Treaty on Conventional Armed Forces in Europe, hereinafter referred to as the Protocol on Provisional Application. Each of these documents constitutes an integral part of this Treaty.

Article II

1. For the purposes of this Treaty:

(A) The term "group of States Parties" means the group of States Parties that signed the Treaty of Warsaw* of 1955 consisting of the Republic of Bulgaria, the Czech and Slovak Federal Republic, the Republic of Hungary, the Republic of Poland, Romania and the Union of Soviet Socialist Republics, or the group of States Parties that signed or acceded to the Treaty of Brussels** of 1948 or the Treaty of Washington*** of 1949 consisting of the Kingdom of Belgium, Canada, the Kingdom of Denmark, the French Republic, the Federal Republic of Germany, the Hellenic Republic, the Republic of Iceland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Portuguese Republic, the Kingdom of Spain, the Republic of Turkey, the United Kingdom of Great Britain and Northern Ireland and the United States of America.

(B) The term "area of application" means the entire land territory of the States Parties in Europe from the Atlantic Ocean to the Ural Mountains, which includes all the European island territories of the States Parties, including the Faroe Islands of the Kingdom of Denmark, Svalbard including Bear Island of the Kingdom of Norway, the islands of Azores and Madeira of the Portuguese Republic, the Canary Islands of the Kingdom of Spain and Franz Josef Land and Novaya Zemlya of the Union of Soviet Socialist Republics. In the case of the Union of Soviet Socialist Republics, the area of application includes all territory lying west of the Ural River and the Caspian Sea. In the case of the Republic of Turkey, the area of application includes the territory of the Republic of Turkey north and west of a line extending from the point of intersection of the Turkish border with the 39th parallel to Muradiye, Patnos, Karayazi, Tekman, Kemaliye, Feke, Ceyhan, Dogankent, Gözne and thence to the sea.

(C) The term "battle tank" means a self-propelled armoured fighting vehicle, capable of heavy firepower, primarily of a high muzzle velocity direct fire main gun necessary to engage armoured and other targets, with high cross-country mobility, with a high level of self-protection, and which is not designed and equipped primarily to transport combat troops. Such armoured vehicles serve as the principal weapon system of ground-force tank and other armoured formations.

Battle tanks are tracked armoured fighting vehicles which weigh at least 16.5 metric tonnes unladen weight and which are armed with a 360-degree traverse gun of at least 75 millimetres calibre. In addition, any wheeled armoured fighting vehicles entering into service which meet all the other criteria stated above shall also be deemed battle tanks.

(D) The term "armoured combat vehicle" means a self-propelled vehicle with armoured protection and cross-country capability. Armoured combat vehicles include armoured personnel carriers, armoured infantry fighting vehicles and heavy armament combat vehicles.

The term "armoured personnel carrier" means an armoured combat vehicle which is designed and equipped to transport a combat infantry squad and which, as a rule, is armed with an integral or organic weapon of less than 20 millimetres calibre.

The term "armoured infantry fighting vehicle" means an armoured combat vehicle which is designed and equipped primarily to transport a combat infantry squad, which normally provides the capability for the troops to deliver fire from inside the vehicle under armoured protection, and which is armed with an integral or organic cannon of at least 20 millimetres calibre and sometimes an antitank missile launcher. Armoured infantry fighting vehicles serve as the principal weapon system of armoured infantry or mechanised infantry or motorised infantry formations and units of ground forces.

The term "heavy armament combat vehicle" means an armoured combat vehicle with an integral or organic direct fire gun of at least 75 millimetres calibre, weighing at least 6.0 metric tonnes unladen weight, which does not fall within the definitions of an armoured personnel carrier, or an armoured infantry fighting vehicle or a battle tank.

(E) The term "unladen weight" means the weight of a vehicle excluding the weight of ammunition; fuel, oil and lubricants; removable reactive armour; spare parts, tools and accessories; removable snorkelling equipment; and crew and their personal kit.

(F) The term "artillery" means large calibre systems capable of engaging ground targets by delivering primarily indirect fire. Such artillery systems provide the essential indirect fire support to combined arms formations.

Large calibre artillery systems are guns, howitzers, artillery pieces combining the characteristics of guns and howitzers, mortars and multiple launch rocket systems with a calibre of 100 millimetres and above. In addition, any future large calibre direct fire system which has a secondary effective indirect fire capability shall be counted against the artillery ceilings.

(G) The term "stationed conventional armed forces" means conventional armed forces of a State Party that are stationed within the area of application on the territory of another State Party.

(H) The term "designated permanent storage site" means a place with a clearly defined physical boundary containing conventional armaments and equipment limited by the Treaty, which are counted within overall ceilings but which are not subject to limitations on conventional armaments and equipment limited by the Treaty in active units.

(I) The term "armoured vehicle launched bridge" means a self-propelled armoured transporter-launcher vehicle capable of carrying and, through built-in mechanisms, of emplacing and retrieving a bridge structure. Such a vehicle with a bridge structure operates as an integrated system.

(J) The term "conventional armaments and equipment limited by the Treaty" means battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters subject to the numerical limitations set forth in Articles IV, V and VI.

(K) The term "combat aircraft" means a fixed-wing or variable-geometry wing aircraft armed and equipped to engage targets by employing guided missiles, unguided rockets, bombs, guns, cannons, or other weapons of destruction, as well as any model or version of such an aircraft which performs other military functions such as reconnaissance or electronic warfare. The term "combat aircraft" does not include primary trainer aircraft.

(L) The term "combat helicopter" means a rotary wing aircraft armed and equipped to engage targets or equipped to perform other military functions. The term "combat helicopter" comprises attack helicopters and combat support helicopters. The term "combat helicopter" does not include unarmed transport helicopters.

(M) The term "attack helicopter" means a combat helicopter equipped to employ anti-armour, air-to-ground, or air-to-air guided weapons and equipped with an integrated fire control and aiming system for these weapons. The term "attack helicopter" comprises specialised attack helicopters and multi-purpose attack helicopters.

(N) The term "specialised attack helicopter" means an attack helicopter that is designed primarily to employ guided weapons.

(O) The term "multi-purpose attack helicopter" means an attack helicopter designed to perform multiple military functions and equipped to employ guided weapons.

(P) The term "combat support helicopter" means a combat helicopter which does not fulfill the requirements to qualify as an attack helicopter and which may be equipped with a variety of self-defence and area suppression weapons, such as guns, cannons and unguided rockets, bombs or cluster bombs, or which may be equipped to perform other military functions.

(Q) The term "conventional armaments and equipment subject to the Treaty" means battle tanks, armoured combat vehicles, artillery, combat aircraft, primary trainer aircraft, unarmed trainer aircraft, combat helicopters, unarmed transport helicopters, armoured vehicle launched bridges, armoured personnel carrier look-alikes and armoured infantry fighting vehicle look-alikes subject to information exchange in accordance with the Protocol on Information Exchange.

(R) The term "in service," as it applies to conventional armed forces and conventional armaments and equipment, means battle tanks, armoured combat vehicles, artillery, combat aircraft, primary trainer aircraft, unarmed trainer aircraft, combat helicopters, unarmed transport helicopters, armoured vehicle launched bridges, armoured personnel carrier look-alikes and armoured infantry fighting vehicle look-alikes that are within the area of application, except for those that are held by organisations designed and structured to perform in peacetime internal security functions or that meet any of the exceptions set forth in Article III.

(S) The terms "armoured personnel carrier look-alike" and "armoured infantry fighting vehicle look-alike" mean an armoured vehicle based on the same chassis as, and externally similar to, an armoured personnel carrier or armoured infantry fighting vehicle, respectively, which does not have a cannon or gun of 20 millimetres calibre or greater and which has been constructed or modified in such a way as not to permit the transportation of a combat infantry squad. Taking into account the provisions of the Geneva Convention "For the Amelioration of the Conditions of the Wounded and Sick in Armed Forces in the Field" of 12 August 1949 that confer a special status on ambulances, armoured personnel carrier ambulances shall not be deemed armoured combat vehicles or armoured personnel carrier look-alikes.

(T) The term "reduction site" means a clearly designated location where the reduction of conventional armaments and equipment limited by the Treaty in accordance with Article VIII takes place.

(U) The term "reduction liability" means the number in each category of conventional armaments and equipment limited by the Treaty that a State Party commits itself to reduce during the period of 40 months following the entry into force of this Treaty in order to ensure compliance with Article VII.

2. Existing types of conventional armaments and equipment subject to the Treaty are listed in the Protocol on Existing Types. The lists of existing types shall be periodically updated in accordance with Article XVI, paragraph 2, subparagraph (D) and Section IV of the Protocol on Existing Types. Such updates to the existing types lists shall not be deemed amendments to this Treaty.

3. The existing types of combat helicopters listed in the Protocol on Existing Types shall be categorised in accordance with Section I of the Protocol on Helicopter Recategorisation.

* The Treaty of Friendship, Cooperation and Mutual Assistance signed in Warsaw, 14 May 1955

** The Treaty of Economic, Social and Cultural Collaboration and Collective Self-Defense signed in Brussels, 17 March 1948

*** The North Atlantic Treaty signed in Washington, 4 April 1949

Article III

1. For the purposes of this Treaty, the States Parties shall apply the following counting rules:

All battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters, as defined in Article II, within the area of application shall be subject to the numerical limitations and other provisions set forth in Articles IV, V and VI, with the exception of those which in a manner consistent with a State Party's normal practices:

(A) are in the process of manufacture, including manufacturing-related testing;

(B) are used exclusively for the purposes of research and development;

(C) belong to historical collections;

(D) are awaiting disposal, having been decommissioned from service in accordance with the provisions of Article IX;

(E) are awaiting, or are being refurbished for, export or re-export and are temporarily retained within the area of application. Such battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters shall be located elsewhere than at sites declared under the terms of Section V of the Protocol on Information Exchange or at no more than 10 such declared sites which shall have been notified in the previous year's annual information exchange. In the latter case, they shall be separately distinguishable from conventional armaments and equipment limited by the Treaty;

(F) are, in the case of armoured personnel carriers, armoured infantry fighting vehicles, heavy armament combat vehicles or multi-purpose attack helicopters, held by organisations designed and structured to perform in peacetime internal security functions; or

(G) 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, and are in the area of application for no longer than a total of seven days.

2. If, in respect of any such battle tanks, armoured combat vehicles, artillery, combat aircraft or attack helicopters, the notification of which is required under Section IV of the Protocol on Information Exchange, a State Party notifies an unusually high number in more than two successive annual information exchanges, it shall explain the reasons in the Joint Consultative Group, if so requested.

Article IV

1. Within the area of application, as defined in Article II, each State Party shall limit and, as necessary, reduce its battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters so that, 40 months after entry into force of this Treaty and thereafter, for the group of States Parties to which it belongs, as defined in Article II, the aggregate numbers do not exceed:

(A) 20,000 battle tanks, of which no more than 16,500 shall be in active units;

(B) 30,000 armoured combat vehicles, of which no more than 27,300 shall be in active units. Of the 30,000 armoured combat vehicles, no more than 18,000 shall be armoured infantry fighting vehicles and heavy armament combat vehicles; of armoured infantry fighting vehicles and heavy armament combat vehicles, no more than 1,500 shall be heavy armament combat vehicles;

(C) 20,000 pieces of artillery, of which no more than 17,000 shall be in active units;

(D) 6,800 combat aircraft; and

(E) 2,000 attack helicopters.

Battle tanks, armoured combat vehicles and artillery not in active units shall be placed in designated permanent storage sites, as defined in Article II, and shall be located only in the area described in paragraph 2 of this Article. Such designated permanent storage sites may also be located in that part of the territory of the Union of Soviet Socialist Republics comprising the Odessa Military District and the southern part of the Leningrad Military District. In the Odessa Military District, no more than 400 battle tanks and no more than 500 pieces of artillery may be thus stored. In the southern part of the Leningrad Military District, no more than 600 battle tanks, no more than 800 armoured combat vehicles, including no more than 300 armoured combat vehicles of any type with the remaining number consisting of armoured personnel carriers, and no more than 400 pieces of artillery may be thus stored. The southern part of the Leningrad Military District is understood to mean the territory within that military district south of the line East-West 60 degrees 15 minutes northern latitude.

2. Within the area consisting of the entire land territory in Europe, which includes all the European island territories, of the Kingdom of Belgium, the Czech and Slovak Federal Republic, the Kingdom of Denmark including the Faroe Islands, the French Republic, the Federal Republic of Germany, the Republic of Hungary, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Poland, the Portuguese Republic including the islands of Azores and Madeira, the Kingdom of Spain including the Canary Islands, the United Kingdom of Great Britain and Northern Ireland and that part of the territory of the Union of Soviet Socialist Republics west of the Ural Mountains comprising the Baltic, Byelorussian, Carpathian, Kiev, Moscow and Volga-Ural Military Districts, each State Party shall limit and, as necessary, reduce its battle tanks, armoured combat vehicles and artillery so that, 40 months after entry into force of this Treaty and thereafter, for the group of States Parties to which it belongs the aggregate numbers do not exceed:

(A) 15,300 battle tanks, of which no more than 11,800 shall be in active units;

(B) 24,100 armoured combat vehicles, of which no more than 21,400 shall be in active units; and

(C) 14,000 pieces of artillery, of which no more than 11,000 shall be in active units.

3. Within the area consisting of the entire land territory in Europe, which includes all the European island territories, of the Kingdom of Belgium, the Czech and Slovak Federal Republic, the Kingdom of Denmark including the Faroe Islands, the French Republic, the Federal Republic of Germany, the Republic of Hungary, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Poland, the United Kingdom of Great Britain and Northern Ireland and that part of the territory of the Union of Soviet Socialist Republics comprising the Baltic, Byelorussian, Carpathian and Kiev Military Districts, each State Party shall limit and, as necessary, reduce its battle tanks, armoured combat vehicles and artillery so that, 40 months after entry into force of this Treaty and thereafter, for the group of States Parties to which it belongs the aggregate numbers in active units do not exceed:

(A) 10,300 battle tanks;

(B) 19,260 armoured combat vehicles; and

(C) 9,100 pieces of artillery; and

(D) in the Kiev Military District, the aggregate numbers in active units and designated permanent storage sites together shall not exceed:

(1) 2,250 battle tanks;

(2) 2,500 armoured combat vehicles; and

(3) 1,500 pieces of artillery.

4. Within the area consisting of the entire land territory in Europe, which includes all the European island territories, of the Kingdom of Belgium, the Czech and Slovak Federal Republic, the Federal Republic of Germany, the Republic of Hungary, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Poland, each State Party shall limit and, as necessary, reduce its battle tanks, armoured combat vehicles and artillery so that, 40 months after entry into force of this Treaty and thereafter, for the group of States Parties to which it belongs the aggregate numbers in active units do not exceed:

(A) 7,500 battle tanks;

(B) 11,250 armoured combat vehicles; and

(C) 5,000 pieces of artillery.

5. States Parties belonging to the same group of States Parties may locate battle tanks, armoured combat vehicles and artillery in active units in each of the areas described in this Article and Article V, paragraph 1, subparagraph (A) up to the numerical limitations applying in that area, consistent with the maximum levels for holdings notified pursuant to Article VII and provided that no State Party stations conventional armed forces on the territory of another State Party without the agreement of that State Party.

6. If a group of States Parties' aggregate numbers of battle tanks, armoured combat vehicles and artillery in active units within the area described in paragraph 4 of this Article are less than the numerical limitations set forth in paragraph 4 of this Article, and provided that no State Party is thereby prevented from reaching its maximum levels for holdings notified in accordance with Article VII, paragraphs 2, 3 and 5, then amounts equal to the difference between the aggregate numbers in each of the categories of battle tanks, armoured combat vehicles and artillery and the specified numerical limitations for that area may be located by States Parties belonging to that group of States Parties in the area described in paragraph 3 of this Article, consistent with the numerical limitations specified in paragraph 3 of this Article.

Article V

1. To ensure that the security of each State Party is not affected adversely at any stage:

(A) within the area consisting of the entire land territory in Europe, which includes all the European island territories, of the Republic of Bulgaria, the Hellenic Republic, the Republic of Iceland, the Kingdom of Norway, Romania, the part of the Republic of Turkey within the area of application and that part of the Union of Soviet Socialist Republics comprising the Leningrad, Odessa, Transcaucasus and North Caucasus Military Districts, each State Party shall limit and, as necessary, reduce its battle tanks, armoured combat vehicles and artillery so that, 40 months after entry into force of this Treaty and thereafter, for the group of States Parties to which it belongs the aggregate numbers in active units do not exceed the difference between the overall numerical limitations set forth in Article IV, paragraph 1 and those in Article IV, paragraph 2, that is:

(1) 4,700 battle tanks;

(2) 5,900 armoured combat vehicles; and

(3) 6,000 pieces of artillery;

(B) notwithstanding the numerical limitations set forth in subparagraph (A) of this paragraph, a State Party or States Parties may on a temporary basis deploy into the territory belonging to the members of the same group of States Parties within the area described in subparagraph (A) of this paragraph additional aggregate numbers in active units for each group of States Parties not to exceed:

(1) 459 battle tanks;

(2) 723 armoured combat vehicles; and

(3) 420 pieces of artillery; and

(C) provided that for each group of States Parties no more than one-third of each of these additional aggregate numbers shall be deployed to any State Party with territory within the area described in subparagraph (A) of this paragraph, that is:

(1) 153 battle tanks;

(2) 241 armoured combat vehicles; and

(3) 140 pieces of artillery.

2. Notification shall be provided to all other States Parties no later than at the start of the deployment by the State Party or States Parties conducting the deployment and by the recipient State Party or States Parties, specifying the total number in each category of battle tanks, armoured combat vehicles and artillery deployed. Notification also shall be provided to all other States Parties by the State Party or States Parties conducting the deployment and by the recipient State Party or States Parties within 30 days of the withdrawal of those battle tanks, armoured combat vehicles and artillery that were temporarily deployed.

Article VI

With the objective of ensuring that no single State Party possesses more than approximately one-third of the conventional armaments and equipment limited by the Treaty within the area of application, each State Party shall limit and, as necessary, reduce its battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters so that, 40 months after entry into force of this Treaty and thereafter, the numbers within the area of application for that State Party do not exceed:

(A) 13,300 battle tanks;

(B) 20,000 armoured combat vehicles;

(C) 13,700 pieces of artillery;

(D) 5,150 combat aircraft; and

(E) 1,500 attack helicopters.

Article VII

1. In order that the limitations set forth in Articles IV, V and VI are not exceeded, no State Party shall exceed, from 40 months after entry into force of this Treaty, the maximum levels which it has previously agreed upon within its group of States Parties, in accordance with paragraph 7 of this Article, for its holdings of conventional armaments and equipment limited by the Treaty and of which it has provided notification pursuant to the provisions of this Article.

2. Each State Party shall provide at the signature of this Treaty notification to all other States Parties of the maximum levels for its holdings of conventional armaments and equipment limited by the Treaty. The notification of the maximum levels for holdings of conventional armaments and equipment limited by the Treaty provided by each State Party at the signature of this Treaty shall remain valid until the date specified in a subsequent notification pursuant to paragraph 3 of this Article.

3. In accordance with the limitations set forth in Articles IV, V and VI, each State Party shall have the right to change the maximum levels for its holdings of conventional armaments and equipment limited by the Treaty. Any change in the maximum levels for holdings of a State Party shall be notified by that State Party to all other States Parties at least 90 days in advance of the date, specified in the notification, on which such a change takes effect. In order not to exceed any of the limitations set forth in Articles IV and V, any increase in the maximum levels for holdings of a State Party that would otherwise cause those limitations to be exceeded shall be preceded or accompanied by a corresponding reduction in the previously notified maximum levels for holdings of conventional armaments and equipment limited by the Treaty of one or more States Parties belonging to the same group of States Parties. The notification of a change in the maximum levels for holdings shall remain valid from the date specified in the notification until the date specified in a subsequent notification of change pursuant to this paragraph.

4. Each notification required pursuant to paragraph 2 or 3 of this Article for armoured combat vehicles shall also include maximum levels for the holdings of armoured infantry fighting vehicles and heavy armament combat vehicles of the State Party providing the notification.

5. Ninety days before expiration of the 40-month period of reductions set forth in Article VIII and subsequently at the time of any notification of a change pursuant to paragraph 3 of this Article, each State Party shall provide notification of the maximum levels for its holdings of battle tanks, armoured combat vehicles and artillery with respect to each of the areas described in Article IV, paragraphs 2 to 4 and Article V, paragraph 1, subparagraph (A).

6. A decrease in the numbers of conventional armaments and equipment limited by the Treaty held by a State Party and subject to notification pursuant to the Protocol on Information Exchange shall by itself confer no right on any other State Party to increase the maximum levels for its holdings subject to notification pursuant to this Article.

7. It shall be the responsibility solely of each individual State Party to ensure that the maximum levels for its holdings notified pursuant to the provisions of this Article are not exceeded. States Parties belonging to the same group of States Parties shall consult in order to ensure that the maximum levels for holdings notified pursuant to the provisions of this Article, taken together as appropriate, do not exceed the limitations set forth in Articles IV, V and VI.

Article VIII

1. The numerical limitations set forth in Articles IV, V and VI shall be achieved only by means of reduction in accordance with the Protocol on Reduction, the Protocol on Helicopter Recategorisation, the Protocol on Aircraft Reclassification, the Footnote to Section I, paragraph 2, subparagraph (A) of the Protocol on Existing Types and the Protocol on Inspection.

2. The categories of conventional armaments and equipment subject to reductions are battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters. The specific types are listed in the Protocol on Existing Types.

(A) Battle tanks and armoured combat vehicles shall be reduced by destruction, conversion for non-military purposes, placement on static display, use as ground targets, or, in the case of armoured personnel carriers, modification in accordance with the Footnote to Section I, paragraph 2, subparagraph (A) of the Protocol on Existing Types.

(B) Artillery shall be reduced by destruction or placement on static display, or, in the case of self-propelled artillery, by use as ground targets.

(C) Combat aircraft shall be reduced by destruction, placement on static display, use for ground instructional purposes, or, in the case of specific models or versions of combat-capable trainer aircraft, reclassification into unarmed trainer aircraft.

(D) Specialised attack helicopters shall be reduced by destruction, placement on static display, or use for ground instructional purposes.

(E) Multi-purpose attack helicopters shall be reduced by destruction, placement on static display, use for ground instructional purposes, or recategorisation.

3. Conventional armaments and equipment limited by the Treaty shall be deemed to be reduced upon execution of the procedures set forth in the Protocols listed in paragraph 1 of this Article and upon notification as required by these Protocols. Armaments and equipment so reduced shall no longer be counted against the numerical limitations set forth in Articles IV, V and VI.

4. Reductions shall be effected in three phases and completed no later than 40 months after entry into force of this Treaty, so that:

(A) by the end of the first reduction phase, that is, no later than 16 months after entry into force of this Treaty, each State Party shall have ensured that at least 25 percent of its total reduction liability in each of the categories of conventional armaments and equipment limited by the Treaty has been reduced;

(B) by the end of the second reduction phase, that is, no later than 28 months after entry into force of this Treaty, each State Party shall have ensured that at least 60 percent of its total reduction liability in each of the categories of conventional armaments and equipment limited by the Treaty has been reduced;

(C) by the end of the third reduction phase, that is, no later than 40 months after entry into force of this Treaty, each State Party shall have reduced its total reduction liability in each of the categories of conventional armaments and equipment limited by the Treaty. States Parties carrying out conversion for non-military purposes shall have ensured that the conversion of all battle tanks in accordance with Section VIII of the Protocol on Reduction shall have been completed by the end of the third reduction phase; and

(D) armoured combat vehicles deemed reduced by reason of having been partially destroyed in accordance with Section VIII, paragraph 6 of the Protocol on Reduction shall have been fully converted for non-military purposes, or destroyed in accordance with Section IV of the Protocol on Reduction, no later than 64 months after entry into force of this Treaty.

5. Conventional armaments and equipment limited by the Treaty to be reduced shall have been declared present within the area of application in the exchange of information at signature of this Treaty.

6. No later than 30 days after entry into force of this Treaty, each State Party shall provide notification to all other States Parties of its reduction liability.

7. Except as provided for in paragraph 8 of this Article, a State Party's reduction liability in each category shall be no less than the difference between its holdings notified, in accordance with the Protocol on Information Exchange, at signature or effective upon entry into force of this Treaty, whichever is the greater, and the maximum levels for holdings it notified pursuant to Article VII.

8. Any subsequent revision of a State Party's holdings notified pursuant to the Protocol on Information Exchange or of its maximum levels for holdings notified pursuant to Article VII shall be reflected by a notified adjustment to its reduction liability. Any notification of a decrease in a State Party's reduction liability shall be preceded or accompanied by either a notification of a corresponding increase in holdings not exceeding the maximum levels for holdings notified pursuant to Article VII by one or more States Parties belonging to the same group of States Parties, or a notification of a corresponding increase in the reduction liability of one or more such States Parties.

9. Upon entry into force of this Treaty, each State Party shall notify all other States Parties, in accordance with the Protocol on Information Exchange, of the locations of its reduction sites, including those where the final conversion of battle tanks and armoured combat vehicles for non-military purposes will be carried out.

10. Each State Party shall have the right to designate as many reduction sites as it wishes, to revise without restriction its designation of such sites and to carry out reduction and final conversion simultaneously at a maximum of 20 sites. States Parties shall have the right to share or co-locate reduction sites by mutual agreement.

11. Notwithstanding paragraph 10 of this Article, during the baseline validation period, that is, the interval between entry into force of this Treaty and 120 days after entry into force of this Treaty, reduction shall be carried out simultaneously at no more than two reduction sites for each State Party.

12. Reduction of conventional armaments and equipment limited by the Treaty shall be carried out at reduction sites, unless otherwise specified in the Protocols listed in paragraph 1 of this Article, within the area of application.

13. The reduction process, including the results of the conversion of conventional armaments and equipment limited by the Treaty for non-military purposes both during the reduction period and in the 24 months following the reduction period, shall be subject to inspection, without right of refusal, in accordance with the Protocol on Inspection.

Article IX

1. Other than removal from service in accordance with the provisions of Article VIII, battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters within the area of application shall be removed from service only by decommissioning, provided that:

(A) such conventional armaments and equipment limited by the Treaty are decommissioned and awaiting disposal at no more than eight sites which shall be notified as declared sites in accordance with the Protocol on Information Exchange and shall be identified in such notifications as holding areas for decommissioned conventional armaments and equipment limited by the Treaty. If sites containing conventional armaments and equipment limited by the Treaty decommissioned from service also contain any other conventional armaments and equipment subject to the Treaty, the decommissioned conventional armaments and equipment limited by the Treaty shall be separately distinguishable; and

(B) the numbers of such decommissioned conventional armaments and equipment limited by the Treaty do not exceed, in the case of any individual State Party, one percent of its notified holdings of conventional armaments and equipment limited by the Treaty, or a total of 250, whichever is greater, of which no more than 200 shall be battle tanks, armoured combat vehicles and pieces of artillery, and no more than 50 shall be attack helicopters and combat aircraft.

2. Notification of decommissioning shall include the number and type of conventional armaments and equipment limited by the Treaty decommissioned and the location of decommissioning and shall be provided to all other States Parties in accordance with Section IX, paragraph 1, subparagraph (B) of the Protocol on Information Exchange.

Article X

1. Designated permanent storage sites shall be notified in accordance with the Protocol on Information Exchange to all other States Parties by the State Party to which the conventional armaments and equipment limited by the Treaty contained at designated permanent storage sites belong. The notification shall include the designation and location, including geographic coordinates, of designated permanent storage sites and the numbers by type of each category of its conventional armaments and equipment limited by the Treaty at each such storage site.

2. Designated permanent storage sites shall contain only facilities appropriate for the storage and maintenance of armaments and equipment (e.g., warehouses, garages, workshops and associated stores as well as other support accommodation). Designated permanent storage sites shall not contain firing ranges or training areas associated with conventional armaments and equipment limited by the Treaty. Designated permanent storage sites shall contain only armaments and equipment belonging to the conventional armed forces of a State Party.

3. Each designated permanent storage site shall have a clearly defined physical boundary that shall consist of a continuous perimeter fence at least 1.5 metres in height. The perimeter fence shall have no more than three gates providing the sole means of entrance and exit for armaments and equipment.

4. Conventional armaments and equipment limited by the Treaty located within designated permanent storage sites shall be counted as conventional armaments and equipment limited by the Treaty not in active units, including when they are temporarily removed in accordance with paragraphs 7, 8, 9 and 10 of this Article. Conventional armaments and equipment limited by the Treaty in storage other than in designated permanent storage sites shall be counted as conventional armaments and equipment limited by the Treaty in active units.

5. Active units or formations shall not be located within designated permanent storage sites, except as provided for in paragraph 6 of this Article.

6. Only personnel associated with the security or operation of designated permanent storage sites, or the maintenance of the armaments and equipment stored therein, shall be located within the designated permanent storage sites.

7. For the purpose of maintenance, repair or modification of conventional armaments and equipment limited by the Treaty located within designated permanent storage sites, each State Party shall have the right, without prior notification, to remove from and retain outside designated permanent storage sites simultaneously up to 10 percent, rounded up to the nearest even whole number, of the notified holdings of each category of conventional armaments and equipment limited by the Treaty in each designated permanent storage site, or 10 items of the conventional armaments and equipment limited by the Treaty in each category in each designated permanent storage site, whichever is less.

8. Except as provided for in paragraph 7 of this Article, no State Party shall remove conventional armaments and equipment limited by the Treaty from designated permanent storage sites unless notification has been provided to all other States Parties at least 42 days in advance of such removal. Notification shall be given by the State Party to which the conventional armaments and equipment limited by the Treaty belong. Such notification shall specify:

(A) the location of the designated permanent storage site from which conventional armaments and equipment limited by the Treaty are to be removed and the numbers by type of conventional armaments and equipment limited by the Treaty of each category to be removed;

(B) the dates of removal and return of conventional armaments and equipment limited by the Treaty; and

(C) the intended location and use of conventional armaments and equipment limited by the Treaty while outside the designated permanent storage site.

9. Except as provided for in paragraph 7 of this Article, the aggregate numbers of conventional armaments and equipment limited by the Treaty removed from and retained outside designated permanent storage sites by States Parties belonging to the same group of States Parties shall at no time exceed the following levels:

(A) 550 battle tanks;

(B) 1,000 armoured combat vehicles; and

(C) 300 pieces of artillery.

10. Conventional armaments and equipment limited by the Treaty removed from designated permanent storage sites pursuant to paragraphs 8 and 9 of this Article shall be returned to designated permanent storage sites no later than 42 days after their removal, except for those items of conventional armaments and equipment limited by the Treaty removed for industrial rebuild. Such items shall be returned to designated permanent storage sites immediately on completion of the rebuild.

11. Each State Party shall have the right to replace conventional armaments and equipment limited by the Treaty located in designated permanent storage sites. Each State Party shall notify all other States Parties, at the beginning of replacement, of the number, location, type and disposition of conventional armaments and equipment limited by the Treaty being replaced.

Article XI

1. Each State Party shall limit its armoured vehicle launched bridges so that, 40 months after entry into force of this Treaty and thereafter, for the group of States Parties to which it belongs the aggregate number of armoured vehicle launched bridges in active units within the area of application does not exceed 740.

2. All armoured vehicle launched bridges within the area of application in excess of the aggregate number specified in paragraph 1 of this Article for each group of States Parties shall be placed in designated permanent storage sites, as defined in Article II. When armoured vehicle launched bridges are placed in a designated permanent storage site, either on their own or together with conventional armaments and equipment limited by the Treaty, Article X, paragraphs 1 to 6 shall apply to armoured vehicle launched bridges as well as to conventional armaments and equipment limited by the Treaty. Armoured vehicle launched bridges placed in designated permanent storage sites shall not be considered as being in active units.

3. Except as provided for in paragraph 6 of this Article, armoured vehicle launched bridges may be removed, subject to the provisions of paragraphs 4 and 5 of this Article, from designated permanent storage sites only after notification has been provided to all other States Parties at least 42 days prior to such removal. This notification shall specify:

(A) the locations of the designated permanent storage sites from which armoured vehicle launched bridges are to be removed and the numbers of armoured vehicle launched bridges to be removed from each such site;

(B) the dates of removal of armoured vehicle launched bridges from and return to designated permanent storage sites; and

(C) the intended use of armoured vehicle launched bridges during the period of their removal from designated permanent storage sites.

4. Except as provided for in paragraph 6 of this Article, armoured vehicle launched bridges removed from designated permanent storage sites shall be returned to them no later than 42 days after the actual date of removal.

5. The aggregate number of armoured vehicle launched bridges removed from and retained outside of designated permanent storage sites by each group of States Parties shall not exceed 50 at any one time.

6. States Parties shall have the right, for the purpose of maintenance or modification, to remove and have outside of designated permanent storage sites simultaneously up to 10 percent, rounded up to the nearest even whole number, of their notified holdings of armoured vehicle launched bridges in each designated permanent storage site, or 10 armoured vehicle launched bridges from each designated permanent storage site, whichever is less.

7. In the event of natural disasters involving flooding or damage to permanent bridges, States Parties shall have the right to withdraw armoured vehicle launched bridges from designated permanent storage sites. Notification to all other States Parties of such withdrawals shall be given at the time of withdrawal.

Article XII

1. Armoured infantry fighting vehicles held by organisations of a State Party designed and structured to perform in peacetime internal security functions, which are not structured and organised for ground combat against an external enemy, are not limited by this Treaty. The foregoing notwithstanding, in order to enhance the implementation of this Treaty and to provide assurance that the number of such armaments held by such organisations shall not be used to circumvent the provisions of this Treaty, any such armaments in excess of 1,000 armoured infantry fighting vehicles assigned by a State Party to organisations designed and structured to perform in peacetime internal security functions shall constitute a portion of the permitted levels specified in Articles IV, V and VI. No more than 600 such armoured infantry fighting vehicles of a State Party, assigned to such organisations, may be located in that part of the area of application described in Article V, paragraph 1, subparagraph (A). Each State Party shall further ensure that such organisations refrain from the acquisition of combat capabilities in excess of those necessary for meeting internal security requirements.

2. A State Party that intends to reassign battle tanks, armoured infantry fighting vehicles, artillery, combat aircraft, attack helicopters and armoured vehicle launched bridges in service with its conventional armed forces to any organisation of that State Party not a part of its conventional armed forces shall notify all other States Parties no later than the date such reassignment takes effect. Such notification shall specify the effective date of the reassignment, the date such equipment is physically transferred, as well as the numbers, by type, of the conventional armaments and equipment limited by the Treaty being reassigned.

Article XIII

1. For the purpose of ensuring verification of compliance with the provisions of this Treaty, each State Party shall provide notifications and exchange information pertaining to its conventional armaments and equipment in accordance with the Protocol on Information Exchange.

2. Such notifications and exchange of information shall be provided in accordance with Article XVII.

3. Each State Party shall be responsible for its own information; receipt of such information and of notifications shall not imply validation or acceptance of the information provided.

Article XIV

1. For the purpose of ensuring verification of compliance with the provisions of this Treaty, each State Party shall have the right to conduct, and the obligation to accept, within the area of application, inspections in accordance with the provisions of the Protocol on Inspection.

2. The purpose of such inspections shall be:

(A) to verify, on the basis of the information provided pursuant to the Protocol on Information Exchange, the compliance of States Parties with the numerical limitations set forth in Articles IV, V and VI;

(B) to monitor the process of reduction of battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters carried out at reduction sites in accordance with Article VIII and the Protocol on Reduction; and

(C) to monitor the certification of recategorised multi-purpose attack helicopters and reclassified combat-capable trainer aircraft carried out in accordance with the Protocol on Helicopter Recategorisation and the Protocol on Aircraft Reclassification, respectively.

3. No State Party shall exercise the rights set forth in paragraphs 1 and 2 of this Article in respect of States Parties which belong to the group of States Parties to which it belongs in order to elude the objectives of the verification regime.

4. In the case of an inspection conducted jointly by more than one State Party, one of them shall be responsible for the execution of the provisions of this Treaty.

5. The number of inspections pursuant to Sections VII and VIII of the Protocol on Inspection which each State Party shall have the right to conduct and the obligation to accept during each specified time period shall be determined in accordance with the provisions of Section II of that Protocol.

6. Upon completion of the 120-day residual level validation period, each State Party shall have the right to conduct, and each State Party with territory within the area of application shall have the obligation to accept, an agreed number of aerial inspections within the area of application. Such agreed numbers and other applicable provisions shall be developed during negotiations referred to in Article XVIII.

Article XV

1. For the purpose of ensuring verification of compliance with the provisions of this Treaty, a State Party shall have the right to use, in addition to the procedures referred to in Article XIV, national or multinational technical means of verification at its disposal in a manner consistent with generally recognised principles of international law.

2. A State Party shall not interfere with national or multinational technical means of verification of another State Party operating in accordance with paragraph 1 of this Article.

3. A State Party shall not use concealment measures that impede verification of compliance with the provisions of this Treaty by national or multinational technical means of verification of another State Party operating in accordance with paragraph 1 of this Article. This obligation does not apply to cover or concealment practices associated with normal personnel training, maintenance or operations involving conventional armaments and equipment limited by the Treaty.

Article XVI

1. To promote the objectives and implementation of the provisions of this Treaty, the States Parties hereby establish a Joint Consultative Group.

2. Within the framework of the Joint Consultative Group, the States Parties shall:

(A) address questions relating to compliance with or possible circumvention of the provisions of this Treaty;

(B) seek to resolve ambiguities and differences of interpretation that may become apparent in the way this Treaty is implemented;

(C) consider and, if possible, agree on measures to enhance the viability and effectiveness of this Treaty;

(D) update the lists contained in the Protocol on Existing Types, as required by Article II, paragraph 2;

(E) resolve technical questions in order to seek common practices among the States Parties in the way this Treaty is implemented;

(F) work out or revise, as necessary, rules of procedure, working methods, the scale of distribution of expenses of the Joint Consultative Group and of conferences convened under this Treaty and the distribution of costs of inspections between or among States Parties;

(G) consider and work out appropriate measures to ensure that information obtained through exchanges of information among the States Parties or as a result of inspections pursuant to this Treaty is used solely for the purposes of this Treaty, taking into account the particular requirements of each State Party in respect of safeguarding information which that State Party specifies as being sensitive;

(H) consider, upon the request of any State Party, any matter that a State Party wishes to propose for examination by any conference to be convened in accordance with Article XXI; such consideration shall not prejudice the right of any State Party to resort to the procedures set forth in Article XXI; and

(I) consider matters of dispute arising out of the implementation of this Treaty.

3. Each State Party shall have the right to raise before the Joint Consultative Group, and have placed on its agenda, any issue relating to this Treaty.

4. The Joint Consultative Group shall take decisions or make recommendations by consensus. Consensus shall be understood to mean the absence of any objection by any representative of a State Party to the taking of a decision or the making of a recommendation.

5. The Joint Consultative Group may propose amendments to this Treaty for consideration and confirmation in accordance with Article XX. The Joint Consultative Group may also agree on improvements to the viability and effectiveness of this Treaty, consistent with its provisions. Unless such improvements relate only to minor matters of an administrative or technical nature, they shall be subject to consideration and confirmation in accordance with Article XX before they can take effect.

6. Nothing in this Article shall be deemed to prohibit or restrict any State Party from requesting information from or undertaking consultations with other States Parties on matters relating to this Treaty and its implementation in channels or fora other than the Joint Consultative Group.

7. The Joint Consultative Group shall follow the procedures set forth in the Protocol on the Joint Consultative Group.

Article XVII

The States Parties shall transmit information and notifications required by this Treaty in written form. They shall use diplomatic channels or other official channels designated by them, including in particular a communications network to be established by a separate arrangement.

Article XVIII

1. The States Parties, after signature of this Treaty, shall continue the negotiations on conventional armed forces with the same Mandate and with the goal of building on this Treaty.

2. The objective for these negotiations shall be to conclude an agreement on additional measures aimed at further strengthening security and stability in Europe, and pursuant to the Mandate, including measures to limit the personnel strength of their conventional armed forces within the area of application.

3. The States Parties shall seek to conclude these negotiations no later than the follow-up meeting of the Conference on Security and Cooperation in Europe to be held in Helsinki in 1992.

Article XIX

1. This Treaty shall be of unlimited duration. It may be supplemented by a further treaty.

2. 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 jeopardised its supreme interests. A State Party intending to withdraw shall give notice of its decision to do so to the Depositary and to all other States Parties. Such notice shall be given at least 150 days prior to the intended withdrawal from this Treaty. It shall include a statement of the extraordinary events the State Party regards as having jeopardised its supreme interests.

3. Each State Party shall, in particular, in exercising its national sovereignty, have the right to withdraw from this Treaty if another State Party increases its holdings in battle tanks, armoured combat vehicles, artillery, combat aircraft or attack helicopters, as defined in Article II, which are outside the scope of the limitations of this Treaty, in such proportions as to pose an obvious threat to the balance of forces within the area of application.

Article XX

1. Any State Party may propose amendments to this Treaty. The text of a proposed amendment shall be submitted to the Depositary, which shall circulate it to all the States Parties.

2. If an amendment is approved by all the States Parties, it shall enter into force in accordance with the procedures set forth in Article XXII governing the entry into force of this Treaty.

Article XXI

1. Forty-six months after entry into force of this Treaty, and at five-year intervals thereafter, the Depositary shall convene a conference of the States Parties to conduct a review of the operation of this Treaty.

2. The Depositary shall convene an extraordinary conference of the States Parties, if requested to do so by any State Party which considers that exceptional circumstances relating to this Treaty have arisen, in particular, in the event that a State Party has announced its intention to leave its group of States Parties or to join the other group of States Parties, as defined in Article II, paragraph 1, subparagraph (A). In order to enable the other States Parties to prepare for this conference, the request shall include the reason why that State Party deems an extraordinary conference to be necessary. The conference shall consider the circumstances set forth in the request and their effect on the operation of this Treaty. The conference shall open no later than 15 days after receipt of the request and, unless it decides otherwise, shall last no longer than three weeks.

3. The Depositary shall convene a conference of the States Parties to consider an amendment proposed pursuant to Article XX, if requested to do so by three or more States Parties. Such a conference shall open no later than 21 days after receipt of the necessary requests.

4. In the event that a State Party gives notice of its decision to withdraw from this Treaty pursuant to Article XIX, the Depositary shall convene a conference of the States Parties which shall open no later than 21 days after receipt of the notice of withdrawal in order to consider questions relating to the withdrawal from this Treaty.

Article XXII

1. This Treaty shall be subject to ratification by each State Party in accordance with its constitutional procedures. Instruments of ratification shall be deposited with the Government of the Kingdom of the Netherlands, hereby designated the Depositary.

2. This Treaty shall enter into force 10 days after instruments of ratification have been deposited by all States Parties listed in the Preamble.

3. The Depositary shall promptly inform all States Parties of:

(A) the deposit of each instrument of ratification;

(B) the entry into force of this Treaty;

(C) any withdrawal in accordance with Article XIX and its effective date;

(D) the text of any amendment proposed in accordance with Article XX;

(E) the entry into force of any amendment to this Treaty;

(F) any request to convene a conference in accordance with Article XXI;

(G) the convening of a conference pursuant to Article XXI; and

(H) any other matter of which the Depositary is required by this Treaty to inform the States Parties.

4. This Treaty shall be registered by the Depositary pursuant to Article 102 of the Charter of the United Nations.

Article XXIII

The original of this Treaty, of which the English, French, German, Italian, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the Depositary. Duly certified copies of this Treaty shall be transmitted by the Depositary to all the States Parties.


 

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