Foreign Relations of the United States, 1952–1954, Germany and Austria, Volume VII, Part 1

662A.00/5–1652: Telegram

No. 37
The United States High Commissioner for Germany (McCloy) to the Department of State¹

secret priority

Bonn, May 16, 1952—4 p.m.

2866. Fol is summary report discussion mtg HICOMers and Chancellor 15 May on outstanding points gen agreement and security controls.²

(1) Title of gen agreement.

We considered various alternative wordings of title of gen agreement to shorten it and give it more public appeal. Chancellor was particularly concerned to get short title which wld be readily adopted by press and public and have propaganda value. We explained that Deutschland Vertrag which he had suggested earlier wld be misleading as official title. We proposed “Agreement between the three powers and FedRep of Ger”, although this does not quite seem to fit the bill. We pointed out that in any case public will probably give colloquial name to agreement; e.g., Bonner Vertrag or similar short title. We finally agreed give matter more thought. Chancellor expressed preference for “convention” over “agreement” as he felt latter term did not have status in legal usage appropriate to importance of document. We agreed to recommend that “convention” be used for all parts in order to insure that in Ger eyes they shld have same legal validity.

(2) State of emergency, Art 5.

Although making it clear we had not yet had opportunity to clear with our govts, we proposed certain amendments to Art 5 to meet preoccupations of Chancellor reported in Bonn to Dept 2823 of 14 May.³ He accepted this proposal, text forwarded separately in Bonn to Dept 2857 of 16 May.⁴

(3) Entry into force of agreements.

At 10 [15?] May mtg, Chancellor had re-raised his proposal that contractual agreements shld enter into effect before EDC treaty had been completely ratified and indicated that he might wish raise this point with FonMins.

At this mtg we proposed that, when contractual agreements had been ratified by four parliaments and Ger and France had ratified EDC treaty, there shld be consultation between Chancellor and allied reps to determine those parts of contractual arrangements which cld be put into effect without disturbing provisions of EDC treaty. Chancellor said this arrangement wld be satisfactory on understanding that it was made subj of exchange of ltrs, to which we agreed.⁵

(4) Guided missiles.

In preliminary tripartite mtg Kirkpatrick had proposed compromise by which guided missiles less than one meter fifty in length wld be excluded from definitions on list two in return for which Chancellor wld give commitment to three FonMins or HICOM chairman that if EDC commissariat shld decide to place order for manufacture these weapons in Ger, FedRep wld ensure that they were not manufactured east of Rhine. Berard, on instructions his govt, could not agree present this compromise to Chancellor. Effort at mtg with Chancellor was therefore confined to obtaining his agreement to proposal for retention guided missiles on list two with foll letter to be sent to him by three govts:

“The three powers agree that the FedRep may, within the framework of the Eur Def Community and outside the strategically exposed areas, proceed to develop and manufacture guided missiles of less than one meter fifty in length for anti-aircraft and anti-tank defense.

“Consequently, the three powers consider it desirable for these weapons to be produced in cooperation under the sponsorship of the EDC and undertake to seek a solution of these bases.

“The three powers are prepared for the competent Ger technicians and scientists to meet as a working party to draw up the initial documents to serve as a basis for the contemplated collaboration.”

Blank supported by Chancellor argued throughout mtg that security posit was adequately protected by provision under Article 106 of EDC treaty that production of weapons on list one cannot take place in any case outside decision of EDC commissariat. Chancellor also stressed importance to FedRep in event mass air attack on its cities of having large stock anti-aircraft missiles available and said that location manufacture these missiles in places possibly remote from fed territory wld make supply lines too long.

Berard said that according to opinion French experts latest developments in smaller type guided missiles were such as to make impractical any real distinction between defensive and offensive weapons. French Govt was prepared for FedRep to join in program of joint Eur development and manufacture these weapons but was adamant against removing these weapons from list two. In these circumstances, he could only report discussion and Chancellor’s posit to his govt.

Unless there is modification in French and/or Ger position in next few days, this point will probably have to be resolved by FonMins.

(5) Atomic energy.

Decision this issue reported separately Bonn to Dept 2865.⁶

(6) Statement on US milit end-item assistance for Ger with ref Dept to Bonn 3143 of 15 May⁷ (which arrived after mtg). In response to Chancellor’s request as to what reply he could give to members of Parliament who were concerned as to whether Ger contingents wld be armed in same way as forces of other members of EDC, I pointed out that under EDC treaty arms wld be shared out under EDC commissariat and then made statement referred to in reftel.

McCloy

1. Repeated to Paris for Draper and MacArthur and to London and Heidelberg.
2. The meeting began at 11 a.m. on May 15 and continued until 5 a.m. on May 16. In addition to the topics reported here the High Commissioners and the Chancellor considered the agreement on acts and interests and the agreement on the rights and obligations of Allied forces. McCloy reported the substance of these discussions in telegrams 2874 and 2867 from Bonn, both dated May 16. (662A.0026/5–1652 and 662A.00/5–1652)
3. Document 34.
4. See footnote 4, ibid.
5. The Chancellor had originally raised this question at the meeting on May 9. For a report on that meeting, see telegram 2766, Document 33.
6. Telegram 2865 reported that Chancellor Adenauer had agreed to the text of a letter on atomic energy. (740.5/5–1652)

7. Telegram 3143 is not printed. The statement under reference reads:

   “In accordance with US policy of assisting in the defense preparations of the countries of Western Eur, the deliveries of US mil end-item assistance for the period from the time the contractual relations go into effect up to June 30, 1953 will provide the Ger EDC contingents with the full training equipment as will be required to meet the phasing of material approved by SHAPE with the possible exception of aircraft, which may be in a shortfall condition until the end of calendar 1953. It is assumed that the priorities recommended by SHAPE will permit the foregoing.” (740.5/5–2252)