The Federal Republic
of Germany, the German Democratic Republic, the French Republic, the
Union of Soviet Socialist Republics, the United Kingdom of Great Britain
and Northern Ireland and the United States of America,
Conscious of the fact that their peoples have been living together in
peace since 1945;
Mindful of the recent historic changes in Europe which make it possible
to overcome the division of the continent;
Having regard to the rights and responsibilities of the Four Powers
relating to Berlin and to Germany as a whole, and the corresponding
wartime and post-war agreements and decisions of the Four Powers;
Resolved, in accordance with their obligations under the Charter of
the United Nations to develop friendly relations among nations based
on respect for the principle of equal rights and self-determination
of peoples, and to take other appropriate measures to strengthen universal
peace;
Recalling the principles of the Final Act of the Conference on Security
and Cooperation in Europe, signed in Helsinki;
Recognizing that those principles have laid firm foundations for the
establishment of a just and lasting peaceful order in Europe;
Determined to take account of everyone's security interests;
Convinced of the need finally to overcome antagonism and to develop
cooperation in Europe;
Confirming their readiness to reinforce security, in particular by adopting
effective arms control, disarmament and confidence-building measures;
their willingness not to regard each other as adversaries but to work
for a relationship of trust and cooperation; and accordingly their readiness
to consider positively setting up appropriate institutional arrangements
within the framework of the Conference on Security and Cooperation in
Europe;
Welcoming the fact that the German people, freely exercising their right
of self-determination, have expressed their will to bring about the
unity of Germany as a state so that they will be able to serve the peace
of the world as an equal and sovereign partner in a united Europe;
Convinced that the unification of Germany as a state with definitive
borders is a significant contribution to peace and stability in Europe;
Intending to conclude the final settlement with respect to Germany;
Recognizing that thereby, and with the unification of Germany as a democratic
and peaceful state, the rights and responsibilities of the Four Powers
relating to Berlin and to Germany as a whole lose their function;
Represented by their Ministers for Foreign Affairs who, in accordance
with the Ottawa Declaration of 13 February 1990, met in Bonn on 5 May
1990, in Berlin on 22 June 1990, in Paris on 17 July 1990 with the participation
of the Minister for Foreign Affairs of the Republic of Poland, and in
Moscow on 12 September 1990;
Have agreed as follows:
ARTICLE 1
(1) The united Germany shall comprise the territory of the Federal Republic
of Germany, the German Democratic Republic and the whole of Berlin.
Its external borders shall be the borders of the Federal Republic of
Germany and the German Democratic Republic and shall be definitive from
the date on which the present Treaty comes into force. The confirmation
of the definitive nature of the borders of the united Germany is an
essential element of the peaceful order in Europe.
(2) The united Germany and the Republic of Poland shall confirm the
existing border between them in a treaty that is binding under international
law.
(3) The united Germany has no territorial claims whatsoever against
other states and shall not assert any in the future.
(4) The Governments of the Federal Republic of Germany and the German
Democratic Republic shall ensure that the constitution of the united
Germany does not contain any provision incompatible with these principles.
This applies accordingly to the provisions laid down in the preamble,
the second sentence of Article 23, and Article 146 of the Basic Law
for the Federal Republic of Germany.
(5) The Governments of the French Republic, the Union of Soviet Socialist
Republics, the United Kingdom of Great Britain and Northern Ireland
and the United States of America take formal note of the corresponding
commitments and declarations by the Governments of the Federal Republic
of Germany and the German Democratic Republic and declare that their
implementation will confirm the definitive nature of the united Germany's
borders.
ARTICLE 2
The Governments of the Federal Republic of Germany and the German Democratic
Republic reaffirm their declarations that only peace will emanate from German
soil. According to the constitution of the united Germany, acts tending
to and undertaken with the intent to disturb the peaceful relations between
nations, especially to prepare for aggressive war, are unconstitutional
and a punishable offence. The Governments of the Federal Republic of Germany
and the German Democratic Republic declare that the united Germany will
never employ any of its weapons except in accordance with its constitution
and the Charter of the United Nations.
ARTICLE 3
(1) The Governments of the Federal Republic of Germany and the German
Democratic Republic reaffirm their renunciation of the manufacture and
possession of and control over nuclear, biological and chemical weapons.
They declare that the united Germany, too, will abide by these commitments.
In particular, rights and obligations arising from the Treaty on the
Non-Proliferation of Nuclear Weapons of 1 July 1968 will continue to
apply to the united Germany.
(2) The Government of the Federal Republic of Germany, acting in full
agreement with the Government of the German Democratic Republic, made
the following statement on 30 August 1990 in Vienna at the Negotiations
on Conventional Armed Forces in Europe:
The Government of the Federal Republic of Germany undertakes to reduce
the personnel strength of the armed forces of the united Germany to
370,000 (ground, air and naval forces) within three to four years. This
reduction will commence on the entry into force of the first CFE agreement.
Within the scope of this overall ceiling no more than 345,000 will belong
to the ground and air forces which, pursuant to the agreed mandate,
alone are the subject to the Negotations on Conventional Armed Forces
in Europe. The Federal Government regards its commitment to reduce ground
and air forces as a signficant German contribution to the reduction
of conventional armed forces in Europe. It assumes that in follow-on
negotiations the other participants in the negotiations, too, will render
their contribution to enhancing security and stability in Europe, including
measures to limit personnel strengths.
The Government of the German Democratic Republic has expressly associated
itself with this statement.
(3) The Governments of the French Republic, the Union of Soviet Socialist
Republics, the United Kingdom of Great Britain and Northern Ireland
and the United States of America take note of these statements by the
Governments of the Federal Republic of Germany and the German Democratic
Republic.
ARTICLE 4
(1) The Governments of the Federal Republic of Germany, the German Democratic
Republic and the Union of Soviet Socialist Republics state that the
united Germany and the Union of Soviet Socialist Republics will settle
by treaty the conditions for and the duration of the presence of Soviet
armed forces on the territory of the present German Democratic Republic
and of Berlin, as well as the conduct of the withdrawal of these armed
forces which will be completed by the end of 1994, in connection with
the implementation of the undertaking of the Federal Republic of Germany
and the German Democratic Republic referred to in paragraph 2 of Article
3 of the present Treaty.
(2) The Governments of the French Republic, the United Kingdom of Great
Britain and Northern Ireland and the United States of America take note
of this statement.
ARTICLE 5
(1) Until the completion of the withdrawal of the Soviet armed forces
for the territory of the present German Democratic Republic and of Berlin
in accordance with Article 4 of the present Treaty, only German territorial
defence units which are not integrated into the alliance structures
to which German armed forces in the rest of German territory are assigned
will be stationed in that territory as armed forces of the united Germany.
During that period and subject to the provisions of paragraph 2 of this
Article, armed forces of other states will not be stationed in that
territory or carry out any other military activity there.
(2) For the duration of the presence of Soviet armed forces in the territory
of the present German Democratic Republic and of Berlin, armed forces
of the French Republic, the United Kingdom of Great Britain and Northern
Ireland and the United States of America will, upon German request,
remain stationed in Berlin by agreement to this effect between the Government
of the united Germany and the Govenments of the states concerned. The
number of troops and the amount of equipment of all non-German armed
forces stationed in Berlin will not be greater than at the time of signature
of the present Treaty. New categories of weapons will not be introduced
there by non-German armed forces. The Government of the united Germany
will conclude with the Governments of those states which have armed
forces stationed in Berlin treaties with conditions which are fair taking
account of the relations existing with the states concerned.
(3) Following the completion of the withdrawal of the Soviet armed forces
from the territory of the present German Democratic Republic and of
Berlin, units of German armed forces assigned to military alliance structures
in the same way as those in the rest of German territory may also be
stationed in that part of Germany, but without nuclear weapon carriers.
This does not apply to conventional weapon systems which may have other
capabilities in addition to conventional ones but which in that part
of Germany are equipped for a conventional role and designated only
for such. Foreign armed forces and nuclear weapons or their carriers
will not be stationed in that part of Germany or deployed there.
ARTICLE 6
The right of the united Germany to belong to alliances, with all the
rights and responsibilities arising therefrom, shall not be affected
by the present Treaty.
ARTICLE 7
(1) The French Republic, the Union of Soviet Socialist Republics, the
United Kingdom of Great Britain and Northern Ireland and the United
States of America hereby terminate their rights and responsibilities
relating to Berlin and to Germany as a whole. As a result, the corresponding,
related quadripartite agreements, decisions and practices are terminated
and all related Four Power institutions are dissolved.
(2) The United Germany shall have accordingly full sovereignty over
its internal and external affairs.
ARTICLE 8
(1) The present Treaty is subject to ratification or acceptance as soon
as possible. On the German side it will be ratified by the united Germany.
The Treaty will therefore apply to the united Germany.
(2) The instruments of ratification or acceptance shall be deposited
with the Government of the united Germany. That Government shall inform
the Governments of the other Contracting Parties of the deposit of each
instrument of ratification or acceptance.
ARTICLE 9
The present Treaty shall enter into force for the united Germany, the
French Republic, the Union of Soviet Socialist Republics, the United
Kingdom of Great Britain and Northern Ireland and the United States
of America on the date of deposit of the last instrument of ratification
or acceptance by these states.
ARTICLE 10
The original of the present Treaty, of which the English, French, German
and Russian texts are equally authentic, shall be deposited with the
Government of the Federal Republic of Germany, which shall transmit
certified true copies to the Governments of the other Contracting Parties.
Source: American
Foreign Policy Current Documents 1990. Department of State, Washington,
1991.
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