Partijen en gegevens

‛ In connection with the declaration of 15 July 1982 by the Government of the Federal Republic of Germany concerning the extension to West Berlin of the Convention on Long-Range Transboundary Air Pollution of 13 November 1979, the Soviet Union declares that it does not object to the application of the Convention to West Berlin in such measure and to such an extent as is permissible from the standpoint of the Quadripartite Agreement of 3 September 1971, according to which West Berlin is not a constituent part of the Federal Republic of Germany and will not be governed by it in the future. ’

‛ With regard to the application of the Convention on Long-Range Transboundary Air Pollution of 13 November 1979 to Berlin (West) it is the understanding of the German Democratic Republic that the application of the provisions of the Convention to Berlin (West) is in conformity with the Quadripartite Agreement of 3 September 1971, according to which Berlin (West) is not a constituent part of the Federal Republic of Germany and is not to be governed by it. ’

The Governments of France, the United Kingdom and the United States wish to point out that the Soviet declaration referred to above contains an incomplete and therefore misleading reference to the Quadripartite Agreement of 3 September 1971. The provision of the Quadripartite Agreement to which reference is made states that ‘the ties between the Western Sectors of Berlin and the Federal Republic of Germany will be maintained and developed taking into account that these Sectors continue not to be a constituent part of the Federal Republic of Germany and not to be governed by it.

With regard to the declaration of the German Democratic Republic contained in [see the declaration of 28 July 1983], the three Governments reaffirm that States which are not parties to the Quadripartite Agreement are not competent to comment authoritatively on its provisions. ’

‛ With reference to [the statement of 27 April 1984] by the Governments of France, the United Kingdom of Great Britain and Northern Ireland and the United States of America in reply to communications from the Governments of the Soviet Socialist Republics and the German Democratic Republic [the declarations of 20 and 28 July 1983], relating to the application to Berlin (West) of the Convention of November 13 1979 on Long-Range Transboundary Air Pollution, I have the honour to state that the Government of the Federal Republic of Germany supports the position set forth in the communication by the Three Powers. ’

‛ In connexion with the declaration of 15 July 1982 by the Government of the Federal Republic of Germany concerning the extention of the Convention on Long-Range Transboundary Air Pollution of 13 November 1979 to Berlin (West), the Polish People's Republic declares that it does not object to the application of the Convention to Berlin (West) in such measure and to such an extent as it is in conformity with the Quadripartite Agreement of 3 September 1971, according to which Berlin (West) is not a constituent part of the Federal Republic of Germany and will not be governed by it. ’

‛ With regard to that declaration [by Poland] the Governments of the United Kingdom, the United States and France wish to recall their statement of 4 April 1984 contained in Document of 16 May 1984. ’

[The Government of the Union of Soviet Socialist Republics] … has the honour to confirm once more the view set forth in the note from the Permanent Mission of the USSR [the declarations of 20 and 28 July 1983]. The Soviet side does not object to the application of the Convention on Long-Range Transboundary Air Pollution of 13 November 1979 to Berlin (West) in such measure and to such an extent as is permissible from the standpoint of the Quadripartite Agreement of 3 September 1971, according to which Berlin (West) is not a constituent part of the Federal Republic of Germany and will not be governed by it in the future.

At the same time, the Soviet side would like to draw attention to the fact that the Powers party to the Quadripartite Agreement have formulated decisions in respect of Berlin (West) which have universal effect under international law. The extension of the above-mentioned Convention to Berlin (West) by the Federal Republic of Germany naturally affects the interests of the other parties to it, which have the right to express their opinion on that matter. That right cannot be disputed by anyone.

In this connection, the Soviet side rejects as unfounded the communication by France, the United Kingdom of Great Britain and Northern Ireland and the United States of America with respect to the declaration by the German Democratic Republic. The view set forth in that declaration by the Government of the German Democratic Republic as a party to the 1979 Convention on Long-Range Transboundary Air Pollution is entirely in conformity with the Quadripartite Agreement of 3 September 1971. ’

The Quadripartite Agreement of 3 September 1971 is an international agreement concluded between the four Contracting Parties and not open to participation by any other State. In concluding this Agreement, the Four Powers acted on the basis of their quadripartite rights and responsibilities, and the corresponding wartime and post-war agreements and decisions of the Four Powers, which are not affected. The Quadripartite Agreement is a part of conventional, not customary, international law.

The Governments of France, the United Kingdom and the United States therefore reaffirm the statement in the Note from the Permanent Representative of France of 4 April 1984 that States which are not parties to the Quadripartite Agreement are not competent to the authoritatively on its provisions.

Finally, [it is to be pointed out] that the Soviet Note of 29 November 1985, like the Soviet Note of 18 April 1983, contains an incomplete and consequently misleading reference to the Quadripartite Agreement. The relevant passage of that Agreement to which the Soviet Note referred provides that the ties between the Western sectors of Berlin and the Federal Republic of Germany will be maintained and developed, taking into account that these Sectors continue not to be a constituent part of the Federal Republic of Germany and not to be governed by it. ’