AGREEMENT
ON
ADAPTATION OF THE TREATY
ON CONVENTIONAL ARMED FORCES IN EUROPE
CFE.DOC/1/99
Signed
19 November 1999
Not
yet ratified by all states parties
Original:
ENGLISH
The
Republic of Armenia, the Republic of Azerbaijan, the Republic of Belarus,
the Kingdom of Belgium, the Republic of Bulgaria, Canada, the Czech Republic,
the Kingdom of Denmark, the French Republic, Georgia, the Federal
Republic of Germany, the Hellenic Republic, the Republic of Hungary, the
Republic of Iceland, the Italian Republic, the Republic of Kazakhstan,
the Grand Duchy of Luxembourg, the Republic of Moldova, the Kingdom
of the Netherlands, the Kingdom of Norway, the Republic of Poland,
the Portuguese Republic, Romania, the Russian Federation, the Slovak Republic,
the Kingdom of Spain, the Republic of Turkey, Ukraine, the United Kingdom
of Great Britain and Northern Ireland, and the United States of America,
hereinafter referred to as the States Parties,
Conscious
of the fundamental changes that have occurred in Europe since the Treaty
on Conventional Armed Forces in Europe was signed in Paris on 19 November 1990,
hereinafter referred to as the Treaty,
Determined
to sustain the key role of the Treaty as the cornerstone of European security,
Noting
the fulfilment of the objective of the original Treaty of ensuring that
the numbers of conventional armaments and equipment limited by the Treaty
within the area of application of the Treaty would 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,
Have
agreed as follows:
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Article
1
The
Preamble of the Treaty shall be deleted and replaced by:
"The
Republic of Armenia, the Republic of Azerbaijan, the Republic of Belarus,
the Kingdom of Belgium, the Republic of Bulgaria, Canada, the Czech Republic,
the Kingdom of Denmark, the French Republic, Georgia, the Federal Republic
of Germany, the Hellenic Republic, the Republic of Hungary, the Republic of
Iceland, the Italian Republic, the Republic of Kazakhstan, the Grand Duchy
of Luxembourg, the Republic of Moldova, the Kingdom of the Netherlands,
the Kingdom of Norway, the Republic of Poland, the Portuguese Republic,
Romania, the Russian Federation, the Slovak Republic, the Kingdom of Spain,
the Republic of Turkey, Ukraine, the United Kingdom of Great Britain
and Northern Ireland, and the United States of America, hereinafter referred
to as the States Parties,
Guided
by the Mandate for Negotiation on Conventional Armed Forces in Europe
of 10 January 1989,
Guided
by the objectives and the purposes of the Organization for (formerly Conference
on) Security and Co-operation in Europe, within the framework of which
the negotiation of this Treaty was conducted in Vienna,
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, and bearing in mind their right
to be or not to be a party to treaties of alliance,
Striving
to develop further and consolidate a new pattern of security relations
among all the States Parties based on peaceful cooperation and thereby
to contribute to establishing a common and indivisible security space
in Europe,
Committed
to the objectives of establishing maintaining a secure, and stable and
balanced overall level of conventional armed forces in Europe lower than
heretofore, of eliminating disparities prejudicial to stability and security
and of eliminating the capability for launching surprise attack and for
initiating large-scale offensive action in Europe,
Affirming
that this Treaty is not intended to affect adversely the security interests
of any State,
Having
taken note of the Final Act of the Conference of the States Parties to
the Treaty on Conventional Armed Forces in Europe held in Istanbul from
17 to 19 November 1999, as well as of the statements made by
certain States Parties concerning their political commitments referred
to therein,
Affirming
their commitment to continue the conventional arms control process including
negotiations, taking into account the opening of the Treaty for accession
by other participating States of the Organization for Security and Co-operation
in Europe with territory in the geographic area between the Atlantic Ocean
and the Urals Mountains as well as future requirements for European stability
and security in the light of political developments in Europe,
Have
agreed as follows:"
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Article
2
Article
I of the Treaty shall be deleted and replaced by the following:
"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 shall also carry out the other measures set forth in
this Treaty designed to ensure security and stability.
3.
Conventional armaments and equipment of a State Party in the categories
limited by the Treaty shall only be present on the territory of another
State Party in conformity with international law, the explicit consent
of the host State Party, or a relevant resolution of the United Nations
Security Council. Explicit consent must be provided in advance, and must
continue to be in effect as provided for in Article XIII, paragraph 1 bis.
4.
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 National Ceilings for Conventional
Armaments and Equipment Limited by the Treaty on Conventional Armed Forces
in Europe, hereinafter referred to as the Protocol on National Ceilings;
the Protocol on Territorial Ceilings for Conventional Armaments and Equipment
Limited by the Treaty on Conventional Armed Forces in Europe, hereinafter
referred to as the Protocol on Territorial Ceilings; 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; and the Protocol
on the Joint Consultative Group.
Each
of these documents constitutes an integral part of this Treaty."
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Article
3
1.
In Article II of the Treaty, paragraph 1, subparagraphs (A) and (G) shall
be deleted.
2.
In Article II of the Treaty, paragraph 1, subparagraph (B) shall
be deleted and replaced by the following:
"(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 Russian Federation.
In
the case of the Republic of Kazakhstan and the Russian Federation, 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."
3.
In Article II of the Treaty, paragraph 1, subparagraph (H) shall
be deleted and replaced by the following:
"(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 national
ceilings but which are not subject to limitations on conventional armaments
and equipment limited by the Treaty in active units."
4.
In Article II of the Treaty, paragraph 1, subparagraph (J) shall
be deleted and replaced by the following:
"(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, VII, the Protocol on National Ceilings and the
Protocol on Territorial Ceilings."
5.
In Article II of the Treaty, paragraph 1, subparagraph (U) shall
be deleted and replaced by the following:
"(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 pursuant to the provisions of the Treaty,
in order to ensure compliance with Article IV."
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Article
4
In
Article III of the Treaty, paragraph 1 shall be deleted and replaced by
the following:
"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[, ]VII, and in the Protocol on National
Ceilings and the Protocol on Territorial Ceilings, 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 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 (AIFVs), heavy armament combat vehicles (HACVs) 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."
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Article
5
Article
IV of the Treaty shall be deleted and replaced by the following:
"Article
IV
1.
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 the numbers do not exceed the national
ceiling, the subceiling for active units and the subceiling for sub-categories
established in accordance with this Article and the Protocol on National
Ceilings for that State Party. The subceiling for active units shall establish
the maximum number of battle tanks, armoured combat vehicles and pieces
of artillery that a State Party may hold in active units within the area
of application. The subceiling for active units shall be equal to the
national ceiling unless otherwise specified by the Protocol on National
Ceilings. Any battle tanks, armoured combat vehicles and pieces of artillery
under a national ceiling in any category in excess of the corresponding
subceiling for active units shall be located in designated permanent storage
sites. The subceiling for sub-categories shall establish the maximum aggregate
number of armoured infantry fighting vehicles and heavy armament combat
vehicles and the maximum number of heavy armament combat vehicles that
a State Party may hold within the area of application in the category
of armoured combat vehicles.
2.
Within the area of application all conventional armaments and equipment
in the categories limited by the Treaty: shall be accounted for and controlled
by a State Party; shall, in accordance with the provisions in Article III,
be counted against the national ceiling of a State Party; shall in the
area of application be transferred only to other States Parties as provided
for in this Treaty; and shall be subject to the provisions of the Protocol
on Information Exchange. In the case that a State Party is unable to exercise
its authority in this respect, any State Party can raise the matter in
accordance with the provisions in Article XVI and Article XXI
with a view to addressing the situation and ensuring full observance of
Treaty provisions with respect to such conventional armaments and equipment
in the categories limited by the Treaty. The inability of a State Party
to exercise its authority in respect of the above mentioned conventional
armaments and equipment in the categories limited by the Treaty shall
not in itself release a State Party from any Treaty obligations.
3.
Each State Party shall have the right to change its national ceiling,
its subceiling for active units and its subceiling for sub-categories
as follows:
(A)
Each State Party shall have the right, in accordance with paragraphs 4
and 6 of this Article, to increase its national ceiling, its subceiling
for active units and its subceiling for sub-categories in any category
or sub-category of conventional armaments and equipment limited by the
Treaty. Any such increase shall be preceded or accompanied by a corresponding
decrease in the national ceiling, the subceiling for active units or the
subceiling for sub-categories of one or more other States Parties in the
same category or sub-category, except as provided for in paragraph 6
of this Article. The State Party or States Parties undertaking the corresponding
decrease in their national ceiling, subceiling for active units or subceiling
for sub-categories shall notify all States Parties of their consent to
the corresponding increase in the national ceiling, subceiling for active
units or subceiling for sub-categories of another State Party. No national
ceiling for a State Party with territory in the area of application shall
exceed that State Party’s territorial ceiling in the same category of
conventional armaments and equipment limited by the Treaty.
(B)
Each State Party shall have the right to decrease unilaterally its national
ceiling, subceiling for active units or subceiling for sub-categories
in any category or sub-category of conventional armaments and equipment
limited by the Treaty. A unilateral decrease in the national ceiling,
subceiling for active units or subceiling for sub-categories of a State
Party shall by itself confer no right on any other State Party to increase
its national ceiling, subceiling for active units or subceiling for sub-categories.
4.
Within each five-year period between conferences of States Parties held
in accordance with Article XXI, paragraph 1, each State Party
shall have the right to increase its national ceiling or subceiling for
active units:
(A)
In the categories of battle tanks, armoured combat vehicles and artillery
by no more than 40 battle tanks, 60 armoured combat vehicles
and 20 pieces of artillery or 20 percent of the national ceiling
established for that State Party in the Protocol on National Ceilings
for battle tanks, armoured combat vehicles and artillery, whichever is
greater, but in no case exceeding 150 battle tanks, 250 armoured
combat vehicles and 100 pieces of artillery;
(B)
In the categories of combat aircraft and attack helicopters by no more
than 30 combat aircraft and 25 attack helicopters.
Each
State Party shall have the right to increase its national ceiling or subceiling
for active units in excess of the levels set forth in paragraph 4,
subparagraphs (A) and (B) above, subject to the consent of all other
States Parties.
5.
A State Party intending to change its national ceiling, subceiling for
active units or subceiling for sub-categories shall provide notification
to all other States Parties at least 90 days in advance of the date,
specified in the notification, on which such a change is to take effect.
For increases subject to the consent of all other States Parties, the
change shall take effect on the date specified in the notification provided
that no State Party, within 60 days of the notification, objects
to the change and notifies its objection to all other States Parties.
A national ceiling, a subceiling for active units or a subceiling for
sub-categories shall remain in effect until a change to that ceiling or
subceiling takes effect.
6.
In addition to the provisions of paragraph 4, any State Party with
a subceiling for active units lower than its national ceiling in the categories
of battle tanks, armoured combat vehicles and artillery shall have the
right to increase that subceiling, provided that:
(A)
The increase in the subceiling for active units is accompanied by a
decrease in its national ceiling in the same category of conventional
armaments and equipment limited by the Treaty;
(B)
For each battle tank, armoured combat vehicle or piece of artillery
by which a State Party increases its subceiling for active units, that
State Party will decrease its national ceiling by four in the same category
of conventional armaments and equipment limited by the Treaty;
(C)
The resultant subceiling for active units does not exceed the new national
ceiling achieved through the decrease mandated by subparagraph (B)
above."
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Article
6
Article
V of the Treaty shall be deleted and replaced by the following:
"Article
V
1.
Within the area of application, as defined in Article II, each State
Party shall limit the total number of its battle tanks, armoured combat
vehicles and artillery on its territory and of battle tanks, armoured
combat vehicles and artillery of other States Parties that it permits
to be present on its territory and each State Party shall limit its battle
tanks, armoured combat vehicles and pieces of artillery present on the
territory of other States Parties so that the overall numbers do not exceed
the territorial ceilings and the territorial subceilings established in
accordance with this Article and the Protocol on Territorial Ceilings,
except as otherwise provided for in Article VII.
2.
Battle tanks, armoured combat vehicles and artillery present on the territory
of a State Party for an operation in support of peace conducted under
and consistent with a resolution or a decision of the United Nations Security
Council or the Organization for Security and Co-operation in Europe shall
be exempt from that State Party’s territorial ceiling or territorial subceiling.
The duration of the presence of these battle tanks, armoured combat vehicles
and artillery on the territory of a State Party shall be consistent with
such a resolution or decision.
Battle
tanks, armoured combat vehicles and artillery present on the territory
of a State Party for an operation in support of peace pursuant to this
paragraph shall be subject to notification in accordance with the Protocol
on Information Exchange.
3.
Battle tanks, armoured combat vehicles and artillery in transit shall
be exempt from the territorial ceilings of transited States Parties and
from territorial subceilings without prejudice to the exemption from counting
rules under Article III, paragraph 1, subparagraph (G),
provided that:
(A)
Battle tanks, armoured combat vehicles and artillery in transit to a
location within the area of application do not cause the territorial
ceiling of the State Party of final destination to be exceeded, except
as otherwise provided for in Article VII. For battle tanks, armoured
combat vehicles and artillery in transit to a location outside the area
of application there shall be no numerical limit;
(B)
Battle tanks, armoured combat vehicles and artillery in transit do not
remain on the territory of the transited States Parties in the area
of application longer than a total of 42 days; and
(C)
Battle tanks, armoured combat vehicles and artillery in transit do not
remain on the territory of any single transited State Party, or on a
territory with a territorial subceiling, in the area of application
longer than 21 days.
Battle
tanks, armoured combat vehicles and artillery in transit under this paragraph
shall be subject to notification in accordance with Section XII of
the Protocol on Information Exchange. Any State Party may request clarification
in the Joint Consultative Group with regard to a notified transit. The
States Parties involved shall respond within seven days of the request.
4.
Each State Party shall have the right to change its territorial ceiling
or territorial subceiling as follows:
(A)
Each State Party shall have the right, in accordance with paragraph 5
of this Article, to increase its territorial ceiling or territorial subceiling
for battle tanks, armoured combat vehicles and artillery in any category.
Any such increase shall be preceded or accompanied by a corresponding
decrease in the same category in the territorial ceiling or territorial
subceiling of one or more other States Parties, subject to the provisions
of the Protocol on Territorial Ceilings regarding relevant territorial
ceilings and territorial subceilings. The State Party or States Parties
undertaking the corresponding decrease in their territorial ceiling or
territorial subceiling shall notify all States Parties of their consent
to the corresponding increase in the territorial ceiling or territorial
subceiling of another State Party.
(B)
Each State Party shall have the right to decrease unilaterally its territorial
ceiling or territorial subceiling for battle tanks, armoured combat vehicles
and artillery in any category; however, no territorial ceiling in any
category shall be at any time lower than the corresponding national ceiling.
A unilateral decrease in the territorial ceiling or territorial subceiling
of a State Party shall by itself confer no right on any other State Party
to increase its territorial ceiling or territorial subceiling. Any decrease
in a national ceiling under the provisions of Article IV, paragraph 6,
shall result in a decrease of the corresponding territorial ceiling by
an amount equal to the decrease in the national ceiling.
5.
Subject to the provisions above, within each five-year period between
conferences of States Parties held in accordance with Article XXI,
paragraph 1, each State Party shall have the right to increase its
territorial ceiling or territorial subceiling by no more than 40 battle
tanks, 60 armoured combat vehicles and 20 pieces of artillery
or 20 percent of the territorial ceiling or territorial subceiling
established for that State Party in the Protocol on Territorial Ceilings
for battle tanks, armoured combat vehicles and artillery, whichever is
greater, but in no case not exceeding 150 battle tanks, 250 armoured
combat vehicles and 100 pieces of artillery.
Each
State Party shall have the right to increase its territorial ceiling or
territorial subceiling in excess of the levels set forth in this paragraph,
subject to the consent of all other States Parties.
6.
A State Party intending to change its territorial ceiling or territorial
subceiling in any category shall provide notification to all other States
Parties at least 90 days in advance of the date, specified in the
notification, on which such a change is to take effect. For increases
subject to the consent of all other States Parties, the change shall take
effect on the date specified in the notification provided that no State
Party, within 60 days of the notification, objects to the change
and notifies its objection to all other States Parties. A territorial
ceiling, a subceiling for active units or a territorial subceiling for
subcategories shall remain in effect until a change to that ceiling or
subceiling takes effect."
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Article
7
Article
VI of the Treaty shall be deleted.
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Article
8
Article
VII of the Treaty shall be deleted and replaced by the following:
"Article
VII
1.
Each State Party shall have the right to exceed on a temporary basis,
for military exercises and temporary deployments, the territorial ceilings
and territorial subceilings established in the Protocol on Territorial
Ceilings, subject to the provisions of this Article.
(A)
Military exercises:
(1)
Each State Party shall have the right to host on its territory military
exercises which cause its territorial ceiling to be exceeded, and, for
States Parties with a territorial subceiling, to conduct or host exercises
which cause its territorial subceiling to be exceeded in accordance with
the Protocol on Territorial Ceilings;
(2)
The number of battle tanks, armoured combat vehicles and pieces of artillery
present on the territory of a State Party in excess of its territorial
ceiling or territorial subceiling for a military exercise, alone or in
combination with any other military exercise or any temporary deployment
on that territory, shall not exceed the number of battle tanks, armoured
combat vehicles and pieces of artillery specified for each State Party
in subparagraph (B), sub-subparagraph (1), of this paragraph
and in the Protocol on Territorial Ceilings;
(3)
A military exercise or successive military exercises notified in accordance
with the Protocol on Information Exchange, that result in a territorial
ceiling or a territorial subceiling being exceeded for more than 42 days
shall thereafter be considered a temporary deployment as long as the territorial
ceiling or territorial subceiling continues to be exceeded.
(B)
Temporary deployments:
(1)
Each State Party shall have the right to host on its territory temporary
deployments in excess of its territorial ceiling, and, for States Parties
with a territorial subceiling, to conduct or host temporary deployments
in excess of their territorial subceiling. For this purpose, territorial
ceilings and territorial subceilings may be exceeded, on a temporary basis,
by no more than 153 battle tanks, 241 armoured combat vehicles
and 140 pieces of artillery, unless otherwise set forth in the relevant
provisions of the Protocol on Territorial Ceilings. In exceptional circumstances
and unless otherwise set forth in the relevant provisions of the Protocol
on Territorial Ceilings, a territorial ceiling may be exceeded, on a temporary
basis, by no more than 459 battle tanks, 723 armoured combat
vehicles and 420 pieces of artillery.
(2)
Upon notification of a temporary deployment exceeding a territorial ceiling
by more than 153 battle tanks, 241 armoured combat vehicles,
and 140 pieces of artillery, the Depositary shall convene a conference
of the States Parties in accordance with Article XXI, paragraph 1 bis.
2.
Should a military exercise, in conjunction with a temporary deployment
taking place simultaneously on the territory of the same State Party,
cause the territorial ceiling to be exceeded by more than 153 battle
tanks, 241 armoured combat vehicles or 140 pieces of artillery,
any State Party shall have the right to request the Depositary to convene
a conference of the States Parties in accordance with Article XXI,
paragraph 1 bis.
For
exercises and temporary deployments pursuant to paragraph 1, subparagraphs (A)
and (B), of this Article, an explanatory report shall be provided to the
Joint Consultative Group by the States Parties involved. In the case of
temporary deployments, the report shall be submitted as soon as possible
and in any case no later than the notification foreseen in Section XVIII,
paragraph 4, subparagraph (A), sub-subparagraph (2), and subparagraph
(B), sub-subparagraph (2), of the Protocol on Information Exchange. Subsequent
updates shall be provided every two months until the territorial ceiling
or the territorial subceiling is no longer exceeded."
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Article
9
Article
VIII of the Treaty shall be deleted and replaced by the following:
"Article
VIII
1.
Any battle tanks, armoured combat vehicles, artillery, combat aircraft
and attack helicopters in excess of the numerical limitations set forth
in Article IV and in the Protocol on National Ceilings shall be eliminated
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. In the
case of accession, any reductions by the acceding State as well as the
time limit within which they shall be carried out shall be specified in
accordance with the provisions of the Agreement on Accessionaccession
agreement.
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 1, 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, the Protocol on National Ceilings and the Protocol on Territorial Ceilings.
4.
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. 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.
5.
Any reductions, including the results of the conversion of conventional
armaments and equipment limited by the Treaty for non-military purposes,
shall be subject to inspection, without right of refusal, in accordance
with the Protocol on Inspection."
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Article
10
Article
IX of the Treaty shall be deleted and replaced by the following:
"Article
IX
1.
In the case of removal from service by decommissioning of battle tanks,
armoured combat vehicles, artillery, combat aircraft and attack helicopters,
within the area of application:
(A)
Such conventional armaments and equipment limited by the Treaty shall
be 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 shall 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 X, paragraph 1, subparagraph (B),
of the Protocol on Information Exchange."
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Article
11
1.
In Article X of the Treaty, paragraph 4 shall be deleted and replaced
by the following:
"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 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."
2.
In Article X of the Treaty, paragraph 9 shall be deleted.
3.
In Article X of the Treaty, paragraph 10 shall be deleted and replaced
by the following:
"10.
Conventional armaments and equipment limited by the Treaty removed from
designated permanent storage sites pursuant to paragraph 8 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."
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Article
12
Article
XI of the Treaty shall be deleted.
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Article
13
Article
XII of the Treaty shall be deleted and replaced by the following:
"Article
XII
1.
Armoured infantry fighting vehicles held by organisations of a State Party
designed and structured to perform in peacetime internal security functions
are not limited by this Treaty.
2.
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 of a State Party shall not be used to circumvent
the provisions of this Treaty, any such armaments in excess of the levels
set forth in subparagraphs (A), (B) or (C) of this paragraph, whichever
is greater, shall constitute a portion of the permitted levels in the
category of armoured combat vehicles, as established in Articles IV
and V and in the Protocol on National Ceilings and the Protocol on Territorial
Ceilings, and changed in accordance with Articles IV and V:
(A)
Holdings of armoured infantry fighting vehicles held, within the area
of application, by organisations designed and structured to perform in
peacetime internal security functions, present on the territory of the
eachState Party as notified pursuant to the information exchange effective
as of 19 November 1990; or
(B)
Five percent of the national ceiling established for the eachState Party
in the Protocol on National Ceilings in the category of armoured combat
vehicles, as changed in accordance with Article IV; or
(C)
100 such armoured infantry fighting vehicles.
In
the case of acceding States, the numbers shall be established in the accession
agreement Agreement on Accession.
3.
Each State Party shall further ensure that organisations designed and
structured to perform in peacetime internal security functions refrain
from the acquisition of combat capabilities in excess of those necessary
for meeting internal security requirements.
4.
A State Party that intends to reassign battle tanks, artillery, armoured
infantry fighting vehicles, combat aircraft and attack helicopters 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."
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Article
14
1.
In Article XIII of the Treaty, paragraph 1 shall be deleted and replaced
by the following:
"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 and
to the conventional armaments and equipment of other States Parties that
it permits to be present on its territory, in accordance with the Protocol
on Information Exchange."
2.
In Article XIII of the Treaty, the following paragraph 1 bis shall
be added:
"1.
bis The presence of conventional armaments and equipment of a State
Party on the territory of another State Party as set forth in Article
V, paragraph 1, for transit as set forth in Article V, paragraph 3,
for military exercises as set forth in Article VII, paragraph 1,
subparagraph (A), and for temporary deployment as set forth in Article VII,
paragraph 1, subparagraph (B), shall be in accordance with Article I,
paragraph 3. Consent of the host State Party shall be reflected through
the appropriate notifications in accordance with the Protocol on Information
Exchange."
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Article
15
Article
XIV of the Treaty shall be deleted and replaced by the following:
"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 VII, the Protocol on
National Ceilings and the Protocol on Territorial Ceilings;
(B)
To monitor any reductions 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;
(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 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.
The number of inspections, pursuant to Section IX of the Protocol
on Inspection, that each State Party shall have the right to conduct and
the State Party whose territorial ceiling or territorial subceiling is
temporarily exceeded shall have the obligation to accept shall be determined
in accordance with the provisions of that Section.
7.
Each State Party which carries out disposal of conventional armaments
and equipment limited by the Treaty in excess of reduction liabilities
shall provide for confirmation of the results of the disposal either by
inviting an observation team or through the use of cooperative measures,
in accordance with the provisions of Section XII of the Protocol
on Inspection."
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Article
16
In
Article XVI of the Treaty, paragraph 2 shall be deleted and replaced
by the following:
"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)
Address, upon the request of any State Party, questions concerning the
intention of any State Party to revise its national ceiling upwards under
Article IV, paragraph 4, or its territorial ceiling under Article V,
paragraph 5;
(E)
Receive and consider the explanatory report, and any subsequent updates,
provided in accordance with Article VII, paragraph 2;
(F)
Update the lists contained in the Protocol on Existing Types, as required
by Article II, paragraph 2;
(G)
Consider measures of cooperation to enhance the verification regime of
the Treaty, including through the appropriate utilisation of results of
aerial inspections;
(HH)
Resolve technical questions in order to seek common practices among the
States Parties in the way this Treaty is implemented;
(II)
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;
(JJ)
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;
(KK)
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;
(LL)
Consider any request to accede to this Treaty, pursuant to Article XVIII,
by acting as the body through which the States Parties may establish,
and recommend approval of, the terms under which a requesting State accedes
to the Treaty;
(MM)
Conduct any future negotiations, if the States Parties so decide; and
(N)
Consider matters of dispute arising out of the implementation of this
Treaty."
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Article
17
Article
XVII of the Treaty shall be deleted and replaced by the following:
"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 and in particular, the OSCE Communications Network."
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Article
18
Article
XVIII of the Treaty shall be deleted and replaced by the following:
"Article
XVIII
[Placeholder
for accession]
1.
Any participating State of the Organization for Security and Co-operation
in Europe whose land territory lies in Europe within the geographic area
between the Atlantic Ocean and the Ural Mountains may submit to the Depositary
a written request to accede to this Treaty.
2.
The requesting State shall include in its request the following information:
(A)
The designation of its existing types of conventional armaments and equipment;
(B)
Its proposed national and territorial ceilings and the related subceilings
for each category of armaments and equipment limited by the Treaty; and
(C)
Any other information deemed relevant by the requesting State.
3.
The Depositary shall notify all States Parties of the request and of the
information provided by the requesting State.
4.
The requesting State may modify or supplement this information. Any State
Party may request additional information.
5.
States Parties shall, beginning no later than 21 days after the notification
pursuant to paragraph 3 of this Article, hold meetings of the Joint
Consultative Group at which the States Parties shall address the request,
conduct negotiations and establish the terms for accession. The requesting
State may be invited to attend meetings of the Joint Consultative Group
if the States Parties so decide.
6.
Each request shall be considered individually by the States Parties in
an expeditious manner. Any decision shall be taken by consensus.
7.
The agreed terms for accession shall be enshrined in an Agreement on Accession
between the States Parties and the requesting State, which shall be circulated
to all States Parties and the requesting State by the Depositary and deposited
in the archives of the Depositary.
8.
Upon the receipt of confirmation of approval of the Agreement on Accession
by all States Parties, the Depositary shall so inform all States Parties
and the requesting State. The requesting State may then, subject to ratification
in accordance with its constitutional procedures, submit an instrument
of accession to the Treaty that shall acknowledge the terms and conditions
of the Agreement on Accession.
9.
This Treaty shall enter into force for the requesting State 10 days after
the deposit of its instrument of accession to the Treaty with the Depositary,
at which time the requesting State shall become a State Party to the Treaty."
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Article
19
In
Article XXI of the Treaty, paragraphs 1 and 2 shall be deleted and
replaced by the following:
"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, to
include, inter alia, a review of the operation and the levels of
national ceilings, territorial ceilings and territorial subceilings, and
related commitments, together with other Treaty elements, taking into
account the need to ensure that the security of no State Party is diminished.
1.
bis Upon notification of a temporary deployment exceeding a territorial
ceiling by more than 153 battle tanks, 241 armoured combat vehicles,
or 140 pieces of artillery, or upon request by a State Party pursuant
to Article VII, paragraph 2, the Depositary shall convene a
conference of the States Parties at which the hosting and deploying States
Parties shall explain the nature of the circumstances which have given
rise to the temporary deployment. The conference shall be convened without
delay but no later than seven days after the notification and shall continue
for up to 48 hours unless otherwise agreed by all States Parties.
The Chairman of the Joint Consultative Group shall inform the Permanent
Council and the Forum for Security Co-operation of the Organization for
Security and Co-operation in Europe of the situation.
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 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."
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Article
20
1.
In Article XXII of the Treaty, paragraph 1 shall be deleted and replaced
by the following:
"1.
This Treaty shall be subject to ratification by each State Party in accordance
with its constitutional procedures; it shall be open for accession by
new States pursuant to Article XVIII. Instruments of ratification
and, in the case of accession, instruments of accession shall be deposited
with the Government of the Kingdom of the Netherlands, hereby designated
the Depositary."
2.
In Article XXII of the Treaty, paragraph 3 shall be deleted and replaced
by the following:
"3.
The Depositary shall promptly inform all States Parties of:
(A)
The deposit of each instrument of ratification or accession;
(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 accede to the Treaty pursuant to Article XVIII;
(G)
Any request to convene a conference in accordance with Article XXI;
(H)
The convening of a conference pursuant to Article XXI; and
(I)
Any other matter of which the Depositary is required by this Treaty to
inform the States Parties."
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