ARTICLE-BY-ARTICLE ANALYSIS OF THE PROTOCOL ON
PROCEDURES GOVERNING THE REDUCTION OF CONVENTIONAL
ARMAMENTS AND EQUIPMENT LIMITED BY THE
TREATY ON CONVENTIONAL ARMED FORCES IN EUROPE

STRUCTURE AND OVERVIEW OF THE PROTOCOL

The Protocol on Reduction (the Protocol) consists of a Preamble and 12 sections.

Pursuant to Article VIII of the Treaty, the Protocol sets forth detailed procedures for the reduction of conventional armaments and equipment limited by the Treaty. Such armaments and equipment, once reduced in accordance with the procedures in the Protocol, are no longer subject to the Treaty's numerical limitations. This means that the procedures set forth in the Protocol may be used in order to achieve compliance with the numerical limitations specified in Articles, IV, V, and VI of the Treaty and with States Parties' maximum levels for holding notified pursuant to Article VII of the Treaty.

In addition to the Protocol, other kinds of reduction procedures are specified in the Protocol on Aircraft Reclassification, the Protocol on Helicopter Recategorization, Sections IX and X of the Protocol on Inspection, and the Footnote to subparagraph (A) of paragraph 2 of Section I of the Protocol on Existing Types. In this regard, paragraph 1 of Article VIII of the Treaty makes clear that only those procedures set forth in the Protocol and in the other four Protocols cited above may be used to reduce Treaty-limited armaments and equipment for purposes of the Treaty.

The Protocol sets forth a number of means by which conventional armaments and equipment limited by the Treaty may be reduced:

-destruction at reduction sites (applicable to battle tanks, armored combat vehicles, artillery, combat aircraft and attack helicopters);

-destruction by use as aerial target drones (applicable only to combat aircraft);

-conversion for nonmilitary purposes (applicable only to battle tanks and armored combat vehicles);

-destruction by accident (applicable to battle tanks, armored combat vehicles, artillery, combat aircraft and attach helicopters);

-reduction by means of static display (applicable to battle tanks, armored combat vehicles, artillery, combat aircraft and attack helicopters);

-reduction by use as ground targets (applicable only to battle tanks, armored combat vehicles and self-propelled artillery); and

-reduction by use for ground instruction purposes (applicable only to combat aircraft and attack helicopters).

Section I of the Protocol sets forth several general requirements regarding the process of reduction. Section 11 details standards for the presentation of each category of conventional armaments and equipment that is to undergo reduction at reduction sites. Such standards require that each item must possess certain specified parts and elements when it is presented for reduction. Sections III through VII set forth procedures for reduction by destruction at reduction sites of the five categories of conventional armaments and equipment limited by the Treaty: battle tanks, armored combat vehicles, artillery, combat aircraft, and attack helicopters. Section VIII sets forth procedures for the reduction of conventional armaments and equipment limited by the Treaty by conversion for nonmilitary purposes. Only a limited number and certain types of battle tanks and armored combat vehicles may be converted under Section VIII. Sections IX, X, XI, and XII set forth procedures for reduction by accident, by means of static display, by use as ground targets, and by use for ground instructional purposes, respectively. Pursuant to paragraph 13 of Article VIII of the Treaty and Section X of the Protocol on Inspection, the reduction procedures provided for in the Protocol are subject to on-site inspection without right of refusal by the inspected State Party and without quota limitations.

Pursuant to paragraph 3 of Article I of the Treaty, the Protocol is deemed to be an integral part of the Treaty.

PREAMBLE

The Preamble provides that the States Parties have agreed upon procedures governing the reduction of conventional armaments and equipment limited by the Treaty as set forth in article VIII of the Treaty.

SECTION I - GENERAL REQUIREMENTS FOR REDUCTION

Section I consists of five paragraphs. This Section sets forth basic rights and obligations of the States Parties with respect to the reduction of conventional armaments and equipment limited by the Treaty.

Paragraph 1 of Section I provides that the States Parties shall reduce conventional armaments and equipment in accordance with the procedures set forth in the Protocol and any of the other Protocols listed in paragraph 1 of Article VIII of the Treaty. Paragraph 1 also provides that any one of such procedures conducted in accordance with Article VIII of the Treaty is sufficient to carry out reduction.

Paragraph 2 of Section I permits States Parties to use any appropriate technological means to implement reduction procedures. Paragraph 2 is intended to make clear that the means used to reduce items-e.g., whether plastic explosive or TNT is used to destroy an item - does not matter so long as the standards specified for reduction are met.

Paragraph 3 of Section I provides that each State Party shall have the right to remove, retain, and use the components and parts of conventional armaments and equipment limited by the Treaty as long as such components and parts are not themselves subject to reduction. Paragraph 3 also provides that States Parties have the right to dispose of debris (i.e., resulting from the process of reduction).

Paragraph 4 of Section I sets forth the requirement that conventional armaments and equipment limited by the Treaty must be reduced so as to preclude their further use or restoration for military purposes, unless otherwise provided for by the Protocol. In this regard, paragraph 4 is a critical provision. It provides a general legal standard that sets forth the primary objective of the reduction process. This standard is particularly important in cases where there might be questions as to compliance with the more detailed reduction procedures specified in the Protocol.

Paragraph 5 of Section I provides that States Parties have the right, after entry into force of the Treaty, to propose additional procedures for reduction. Paragraph 5 also provides that States Parties must communicate all such proposals to all other States Parties and must provide details of the proposed procedures in the same format as those procedures set forth in the Protocol. Paragraph 5 further provides that such proposed procedures shall be deemed sufficient to carry out the reduction of conventional armaments and equipment limited by the Treaty upon a decision by the Joint Consultative Group to that effect.

It should be noted that paragraph 5 was proposed by certain States Parties that had large reduction liabilities and believed that the procedures agreed in the Protocol might prove to be burdensome in practice. As a result, these States Parties did not want to preclude the development of other acceptable alternative procedures. The safeguard of formal approval by the Joint Consultative Group was included in paragraph 5 in order to ensure that such alternatives would still accomplish the principal reduction objective described in paragraph 4 above.

SECTION II - STANDARDS FOR PRESENTATION AT REDUCTION SITES

Section II consists of three paragraphs. The bulk of the Section is devoted to paragraph 1, in which the parts and elements of the conventional armaments and equipment limited by the Treaty that are to be presented at reduction sites are detailed. This provision ensures that inspectors have physical access to those major components of each item that the negotiators agreed must be destroyed so that the particular item is no longer considered capable of performing its designed military function. The negotiators also agreed that the specified parts and elements, such as battle tank turrets, could not be retained and used to build new conventional armaments and equipment limited by the Treaty. At the same time, parts and components, other than those specifically listed for reduction, may be salvaged and reused.

Paragraph 1 of Section II provides that each item of conventional armaments equipment limited by the Treaty that is to be reduced must be presented at a reduction site. Paragraph 1 also provides that each such item must consist, at a minimum, of the following parts and elements:

(A) for battle tanks: the hull, turret and integral main armament. Subparagraph (A) further provides that, for the purposes of the Protocol, an integral main armament of a battle tank shall be deemed to include the gun tube, breech system, trunnions, and trunnion mounts;

(B) for armored combat vehicles: the hull, turret and integral main armament, if any. Subparagraph (B) further provides that, for the purposes of the Protocol, an integral main armament for armored combat vehicles shall be deemed to include the gun tube, breech system, trunnions, and trunnion mounts, and that an integral main armament shall be deemed not to include machine guns of less than 20 millimeter caliber, all of which may be salvaged;

(C) for artillery: the tube, breech system, cradle including trunnions and trunnion mounts, rails, if any; or launcher tubes or launcher rails and their bases; or mortar tubes and their base plates. Subparagraph (C) further provides that, in the case of self-propelled pieces of artillery, the vehicle hull and turret, if any, shall be presented;

(D) for combat aircraft: the fuselage. In this regard, wings are not required to be presented for destruction because several States Parties insisted that they have the right to salvage them; and

(E) for attack helicopters: the fuselage, including the transmission mounting area.

Paragraph 2 of Section II provides that items presented at the reduction site must consist of a "complete assembly." In this regard, the term "complete assembly" is not intended to be interpreted as meaning that items presented at reduction sites must be totally assembled (i.e., that the item must be complete or intact at the time of presentation). Rather, the term "complete assembly" means that items presented at reduction sites must possess all those parts and elements that are specified in the procedures and thus will be subject to the reduction process. Moreover, the term 11 complete assembly" also means that all of the specified parts and elements must be presented as part of a single assembled item. The item may not be presented disassembled (i.e., with the specified parts and elements being separated from one another). The purpose of paragraph 2 is to prevent States Parties from gathering parts and elements from derelict items and then presenting them at reduction sites as genuine items of conventional armaments and equipment limited by the Treaty that were ostensibly disassembled prior to presentation for reduction.

Paragraph 3 of Section 11 provides that parts and elements not specified in paragraph 1 of Section I, as well as parts and elements that are not affected by reduction under the procedures of the Protocol, may be disposed of as the State Party undertaking the reduction decides. Among other things, paragraph 3 is intended to make clear that the turrets of armored personnel carriers equipped only with machine guns may be salvaged, provided the machine guns are less than 20 millimeters in caliber (as specified in subparagraph (B) of paragraph 1 of Section II).

SECTION III - PROCEDURES FOR REDUCTION
OF BATTLE TANKS BY DESTRUCTION

Section III consists of 5 paragraphs. This Section details the procedures for the reduction of battle tanks by destruction at reduction sites. The objective of such procedures is to remove the most threatening capabilities of battle tanks: firepower, mobility, and armor protection. Section III specifies four different sets of procedures by which battle tanks may be destroyed: destruction by severing (i.e., cutting); destruction by explosive demolition; destruction by deformation (e.g., bending or crushing); and destruction by smashing.

Paragraph 1 of section III provides each State Party the right to choose any of the procedures identified in Section III each time it destroys battle tanks at reduction sites. The purpose of this provision is to make clear that a State Party is free to pick from the entire menu of destruction options each and every time it elects to destroy a battle tank at a reduction site.

Paragraph 2 of Section III lists the procedures for destruction by severing, as follows:

(A) removal of special equipment from the chassis, including detachable equipment, that ensures the operation of onboard armament systems;

(B) removal of the turret, if any;

(C) for the gun breech system, either:

(1) welding the breech block to the breech ring in at least two places; or

(2) cutting of at least one side of the breech ring along the long axis of the cavity that receives the breech block;

(D) severing of the gun tube into two parts at a distance of no more than 100 millimeters from the breech ring;

(E) severing of either of the gun trunnions and its trunnion mount in the turret;

(F) severing of two sections from the perimeter of the hull turret aperture, each constituting a portion of a sector with an angle of no less than 60 degrees and, at a minimum, 200 millimeters in radial axis, centered on the longitudinal axis of the vehicle; and

(G) severing of sections from both sides of the hull which include the final drive apertures, by vertical and horizontal cuts in the side plates and diagonal cuts in the deck or belly plates and front or rear plates, so that the final drive apertures are contained in the severed portions.

Paragraph 3 of Section III lists the procedures for destruction by explosive demolition, as follows:

(A) hull, hatches, and cornerplates shall be open to maximize venting;

(B) an explosive charge shall be placed inside the gun tube where the trunnions connect to the gun mount or cradle;

(C) an explosive charge shall be placed on the outside of the hull between the second and third road wheels, or between the third and fourth road wheels in a six road wheel configuration, avoiding natural weaknesses such as welds or escape hatches. The charge must be located within the radius of the turret casting. A second charge shall be placed on the inside of the hull on the same side of the tank, offset and opposite to the external charge;

(D) an explosive charge shall be placed on the inside of the turret casting in the area of the main armament mounting; and

(E) all charges shall be fired simultaneously so that the main hull and turret are cracked and distorted; the breech block is stripped from the gun tube, fused or deformed; the gun tube is split or longitudinally cut; the gun mount or cradle is ruptured so as to be unable to mount a gun tube; and damage is caused to the running gear so that at least one of the road wheel stations is destroyed.

Paragraph 4 of section III lists the procedures for destruction by deformation, as follows:

(A) removal of special equipment from the chassis, including detachable equipment, that ensures the operation of onboard armament systems;

(B) removal of the turret, if any;

(C) for the gun breech system, either:

(1) welding the breech block to the breech ring in at least two places; or

(2) cutting of at least one side of the breech ring along the long axis of the cavity that receives the breech block;

(D) severing the gun tube into two parts at a distance of no more than 100 millimeters from the breech ring;

(E) severing of either of the gun trunnions; and

(F) the hull and turret shall be deformed so that their widths are each reduced by at least 20 percent.

Paragraph 5 of Section III lists the procedures for destruction by smashing, as follows:

(A) a heavy steel wrecking ball, or the equivalent, shall be dropped repeatedly onto the hull and turret until the hull is cracked in at least three separate places and the turret in at least one place;

(B) the hits of the ball on the turret shall render either of the gun trunnions and its trunnion mount inoperative, and deform visibly the breech ring; and

(C) the gun tube shall be visibly cracked or bent.

SECTION IV - PROCEDURES FOR THE REDUCTION
OF ARMORED COMBAT VEHICLES BY DESTRUCTION

Section IV consists of 4 paragraphs. This Section details the procedures for the reduction of armored combat vehicles by destruction at reduction sites. The objective of such procedures is to remove the most important capabilities of armored combat vehicles: firepower, mobility, and armor protection. Section IV specifies three different sets of procedures by which armored combat vehicles may be destroyed: destruction by severing (i.e., cutting); destruction by explosive demolition; and destruction by smashing.

Paragraph 1 of Section IV provides each State Party the right to choose any of the procedures identified in Section IV each time it destroys armored combat vehicles at reduction sites. The purpose of this provision is to make clear that a State Party is free to pick from the entire menu of destruction options each and every time it elects to destroy an armored combat vehicle at a reduction site.

Paragraph 2 of Section IV lists the procedures for destruction by severing, as follows:

(A) for all armored combat vehicles, removal of special equipment from the chassis, including detachable equipment, that ensures the operation of onboard armament systems (the only special equipment specified in detail, since so many different vehicles, types and models are involved, is that which controls armament systems);

(B) for tracked armored combat vehicles, removal of mobility by severing of sections from both sides of the hull which include the final drive apertures, by vertical and horizontal cuts in the side plates and diagonal cuts in the deck or belly plates and front or rear plates, so that the final drive apertures are contained in the severed portions;

(C) for wheeled armored combat vehicles, removal of mobility by severing of sections from both sides of the hull which include the front wheel final gearbox mounting areas by vertical, horizontal and irregular cuts in the side, front, deck and belly plates, so that the front wheel final gearbox mounting areas are included in the severed portions at a distance of no less than 100 millimeters from the cuts; and

(D) in addition, for armored infantry fighting vehicles and heavy armament combat vehicles, removal of firepower capability by:

(1) removal of the turret;

(2) severing of either of the gun trunnions and its trunnion mount in the turret;

(3) for the gun breech system:

(a) welding the breech block to the breech ring in at least two places;

(b) cutting of at least one side of the breech ring along the long axis of the cavity that receives the breech block; or

(c) severing of the breech casing into two approximately equal parts;

(4) severing of the gun tube into two parts at a distance of no more than 100 millimeters from the breech ring; and

(5) severing of two sections from the perimeter of the hull turret aperture, each constituting a portion of a sector with an angle of no less than 60 degrees and, at a minimum, 200 millimeters in radial axis, centered on the longitudinal axis of the vehicle.

Paragraph 3 of Section IV lists the procedures for destruction by explosive demolition, as follows:

(A) an explosive charge shall be placed on the interior floor at the midpoint of the vehicle;

(B) a second explosive charge shall be placed as follows:

(1) for heavy armament combat vehicles, inside the gun where the trunnions connect to the gun mount or cradle;

(2) for armored infantry fighting vehicles, on the exterior of the receiver/breech area and lower barrel group;

(C) all hatches shall be secured; and

(D) the charges shall be detonated simultaneously so as to split the sides and top of the hull. For heavy armament combat vehicles and armored infantry fighting vehicles, damage to the gun system shall be equivalent to that specified in subparagraph (D) of paragraph 2 of Section IV.

Paragraph 4 of Section IV lists the procedures for destruction by smashing, as follows:

(A) a heavy steel wrecking ball, or the equivalent, shall be dropped repeatedly onto the hull and the turret, if any, until the hull is cracked in at least three separate places and the turret, if any, in one place;

(B) in addition, for heavy armament combat vehicles:

(1) the hits of the ball on the turret shall render either of the gun trunnions and its trunnion mount inoperative, and shall deform visibly the breech ring; and

(2) the gun tube shall be visibly cracked or bent

SECTION V - PROCEDURES FOR THE REDUCTION
OF ARTILLERY BY DESTRUCTION

Section V consists of 11 paragraphs. This Section details the procedures for the reduction of guns, howitzers, artillery pieces combining the characteristics of guns and howitzers, multiple launch rocket systems, and mortars by destruction at reduction sites. The procedures focus on destroying the key components of artillery: gun tubes and breech block assemblies. Both components are required to be destroyed because some types of artillery have replaceable gun tubes. If only the tubes were destroyed, a spare tube could be mounted on the remaining breech blocks, and military utility could be restored. Section V specifies four general ways in which artillery may be destroyed: destruction by severing (i.e., cutting), destruction by explosive demolition, destruction by deformation (e.g., bending or crushing), and destruction by smashing.

Paragraph I of Section V provides each State Party the right to choose any of the following procedures each time it destroys guns, howitzers, artillery pieces combining the characteristics of guns and howitzers, multiple launch rocket systems, and mortars at reduction sites. The purpose of this provision is to make clear that a State Party is free to pick from the entire menu of destruction options each and every time it elects to destroy artillery at a reduction site.

Paragraph 2 of Section V lists the procedures for destruction by severing of guns, howitzers, artillery pieces combining the characteristics of guns and howitzers, or mortars, that are not self-propelled, as follows:

(A) removal of special equipment, including detachable equipment, that ensures the operation of the gun, howitzer, artillery piece combining the characteristics of guns and howitzers or mortar;

(B) for the breech system, if any, of the gun, howitzer, artillery piece combining the characteristics of guns and howitzers or mortar, either:

(1) welding the breech block to the breech ring in at least two places; or

(2) cutting of at least one side of the breech ring along the long axis of the cavity that receives the breech block;

(C) severing of the tube into two parts at a distance of no more than 100 millimeters from the breech ring;

(D) severing of the left trunnion of the cradle and the mounting area of that trunnion in the upper carriage; and

(E) severing of the trails, or the base plate of the mortar, into two approximately equal parts.

Paragraph 3 of Section V lists the procedures for destruction by explosive demolition of guns, howitzers, or artillery pieces combining the characteristics of guns and howitzers that are not self-propelled, as follows:

(A) explosive charges shall be placed in the tube, on one cradle mount in the upper carriage and on the trails, and detonated so that:

(1) the tube is split or longitudinally torn within 1.5 meters of the breech;

(2) the breech block is torn off, deformed or partially melted;

(3) the attachments between the tube and the breech ring and between one of the trunnions of the cradle and the upper carriage are destroyed or sufficiently damaged to make them further inoperative; and

(4) the trails are separated into two approximately equal parts or sufficiently damaged to make them further inoperative.

Paragraph 4 of Section V lists the procedures for destruction by explosive demolition of mortars that are not self-propelled, as follows:

Explosive charges shall be placed in the mortar tube and on the base plate so that, when the charges are detonated, the mortar tube is ruptured in its lower half and the base plate is severed into two approximately equal parts.

Paragraph 5 of Section V lists the procedures for destruction by deformation of mortars that are not self-propelled, as follows:

(A) the mortar tube shall be visibly bent approximately at its midpoint; and

(B) the base plate shall be bent approximately on the centerline at an angle of at least 45 degrees.

Paragraph 6 of Section V lists the procedures for destruction by severing of self-propelled guns, howitzers, and artillery pieces combining the characteristics of guns and howitzers, or mortars, as follows:

(A) removal of special equipment, including detachable equipment, that ensure the operation of the gun, howitzer, artillery piece combining the characteristics of guns and howitzers or mortar;

(B) for the breech system, if any, of the gun, howitzer, artillery piece combining the characteristics of guns and howitzers or mortar, either:

(1) welding the breech block to the breech ring in at least two places; or

(2) cutting of at least one side of the breech ring along the long axis of the cavity that receives the breech block;

(C) severing of the tube into two parts at a distance of no more than 100 millimeters from the breech ring;

(D) severing of the left trunnion and trunnion mount; and

(E) severing of sections of both sides from the hull which include the final drive apertures, by vertical and horizontal cuts in the side plates and diagonal cuts in the deck or belly plates and front or rear plates, so that the final drive apertures are contained in the severed portions.

Paragraph 7 of Section V fists the procedures for destruction by explosive demolition of self-propelled guns, howitzers, and artillery pieces combining the characteristics of guns and howitzers or mortars, as follows:

(A) for self-propelled guns, howitzers, artillery pieces combining the characteristics of guns and howitzers or mortars with a turret: the method specified for battle tanks in paragraph 3 of Section III of the Protocol shall be applied in order to achieve results equivalent to those specified in that provision; and

(B) for self-propelled guns, howitzers, artillery pieces combining the characteristics of guns and howitzers or mortars without a turret: an explosive charge shall be placed in the hull under the forward edge of the traversing deck that supports the tube, and detonated so as to separate the deck plate from the hull. For the destruction of the weapon system, the method specified for guns, howitzers, or artillery pieces combining the characteristics of guns and howitzers in paragraph 3 of Section V shall be applied in order to achieve results equivalent to those specified in that provision.

Paragraph 8 of Section V lists the procedures for destruction by smashing of self-propelled guns, howitzers, and artillery pieces combining the characteristics of guns and howitzers or mortars, as follows:

(A) a heavy steel wrecking ball, or the equivalent, shall be dropped repeatedly onto the hull and turret, if any, until the hull is cracked in at least three separate places and the turret in at least one place;

(B) the hits of the ball on the turret shall render either of the trunnions and its trunnion mount inoperative, and deform visibly the breech ring; and

(C) the tube shall be visibly cracked or bent at approximately its midpoint.

Paragraph 9 of Section V lists the procedures for destruction by severing of multiple launch rocket systems, as follows:

(A) removal of special equipment from the multiple launch rocket system, including detachable equipment, that ensures the operation of its combat systems; and

(B) removal of tubes or launch rails, screws (gears) of elevation mechanism sectors, tube bases or launch rail bases and their rotatable parts and severing them into two approximately equal parts in areas that are not assembly joints.

Paragraph 10 of Section V lists the, procedures for destruction by explosive demolition of multiple launch rocket systems, as follows:

A linear shaped charge shall be placed across the tubes or launcher rails, and tube or launcher rail bases. When detonated, the charge shall sever the tubes or launcher rails, tube or launcher rail bases and their rotatable parts, into two approximately equal parts in areas that are not assembly joints.

Paragraph 11 of Section V lists the procedures for destruction by deformation of multiple launch rocket systems, as follows:

All tubes or launcher rails, tube or launcher rail bases and the sighting system shall be visibly bent at approximately the midpoint.

SECTION VI - PROCEDURES FOR THE REDUCTION
OF COMBAT AIRCRAFT BY DESTRUCTION

Section VI consists of 4 paragraphs. This Section details the procedures for the reduction of combat aircraft at reduction sites. Section VI specifies three ways by which combat aircraft may be destroyed: destruction by severing (i.e., cutting); destruction by deformation (e.g., bending or crushing); and destruction by use as an aerial target drone. The number of combat aircraft that may be destroyed by use as a target drone is limited to 200 per State Party, but such destruction need not take place at a reduction site (e.g., it may occur at a test range).

Paragraph 1 of Section VI provides each State Party the right to choose any one of the following procedures each time it destroys combat aircraft at reduction sites. The purpose of this provision is to make clear that a State Party is free to pick from the entire menu of destruction options each and every time it elects to destroy a combat aircraft.

Paragraph 2 of Section VI lists the procedures for destruction by severing, as follows:

The fuselage of the aircraft shall be divided into three parts not on assembly joints by severing its nose immediately forward of the cockpit and its tail in the central wing section area so that assembly joints, if there are any in the areas to be severed, shall be contained in the severed portions.

Paragraph 3 of Section VI lists the procedures for destruction by deformation, as follows:

The fuselage shall be deformed throughout by compression, so that its height, width or length is reduced by at least 30 percent.

Paragraph 4 of Section VI lists the procedures for destruction by use as target drones, as follows:

(A) each State Party shall have the right to reduce by use as target drones no more than 200 combat aircraft during the 40-month reduction period;

(B) the target drone shall be destroyed in flight by munitions fired by the armed forces of the State Party owning the target-drone;

(C) if the attempt to shoot down the target drone fails and it is subsequently destroyed by a self-destruct mechanism, the procedures of this paragraph shall continue to apply. Otherwise the target drone may be recovered or may be claimed destroyed by accident in accordance with Section IX of the Protocol, depending on the circumstances; and

(D) notification of destruction shall be made to all other States Parties. Such notification shall include the type of the destroyed target drone and the location where it was destroyed. Within 90 days of the notification, the State Party claiming such reduction shall send documentary evidence, such as a report of the investigation, to all other States Parties. In the event of ambiguities relating to the destruction of a particular target drone, reduction shall not be considered complete until final resolution of the matter.

Because agreement could not be achieved to include explicit rights to inspect the process of destruction by use as a target drone, special provisions were added to limit the number of items that could be reduced as target drones, and, to aid in monitoring, subparagraph (D) of paragraph 4 requires notification upon destruction and submission of the documentary evidence. Note that there is also the obligation in subparagraph (D) to resolve any ambiguities before the aircraft may be considered destroyed.

SECTION VII - PROCEDURES FOR THE REDUCTION
OF ATTACK HELICOPTERS BY DESTRUCTION

Section VII consists of 4 paragraphs. This Section details the procedures for the reduction of attack helicopters by destruction at reduction sites. Section VII specifies three different sets of procedures by which attack helicopters may be destroyed: destruction by severing (i.e., cutting); destruction by explosive demolition; and destruction by deformation (e.g., crushing).

Paragraph I of Section VII provides each State Party the right to choose any of the following procedures each time it destroys attack helicopters at reduction sites. The purpose of this provision is to make clear that a State Party is free to pick from the entire menu of destruction options each and every time it elects to destroy an attack helicopter at a reduction site.

Paragraph 2 of Section VII lists the procedures for destruction by severing, as follows:

(A) the tail boom or tail part shall be severed from the fuselage so that the assembly joint is contained in the severed portion; and

(B) at least two transmission mounts on the fuselage shall be severed, fused or deformed.

Paragraph 3 of Section VII lists the procedures for destruction by explosive demolition, as follows: any type and number of explosives may be used so that, at a minimum, after detonation the fuselage is cut into two pieces through that section of the fuselage that contains the transmission mounting area.

Paragraph 4 of Section VII lists the procedures for destruction by deformation, as follows: the fuselage shall be deformed throughout by compression so that its height, width or length is reduced by at least 30 percent.

SECTION VIII - RULES AND PROCEDURES FOR REDUCTION
OF CONVENTIONAL ARMAMENTS AND EQUIPMENT LIMITED
BY THE TREATY BY CONVERSION FOR NONMILITARY PURPOSES

Section VIII consists of ten paragraphs. This Section sets forth the States Parties' rights, obligations, and procedures regarding reduction of a limited number of certain types of battle tanks and armored combat vehicles by conversion into vehicles for nonmilitary purposes. This means of reduction was supported primarily by the Soviet Union. Pursuant to subparagraph 4(D) of Article VIII of the Treaty, items are deemed to be reduced under Section VIII, that is, no longer subject to the numerical limitations set forth in the Treaty, when they have been partially destroyed pursuant to paragraphs 6 and 7 of Section VIII, and not when they are actually converted for a nonmilitary purpose.

Paragraph 1 of Section VIII provides for the right to reduce a limited number of battle tanks and armored combat vehicles by conversion. Paragraph 1 also provides that those vehicles that may be converted are listed in paragraph 3 of Section VIII and the nonmilitary purposes for converted vehicles are listed in paragraph 4 of Section VIII.

Paragraph 2 of Section VIII requires each State Party to determine the number of battle tanks and armored combat vehicles it will convert, and limits the numbers as follows:

(A) for battle tanks, 5.7 percent (not to exceed 750 battle tanks) of the maximum level for holdings of battle tanks it notified at the signature of the Treaty pursuant to Article VII of the Treaty, or 150 items, whichever is the greater; and

(B) for armored combat vehicles, 15 percent (not to exceed 3,000 armored combat vehicles) of the maximum level for holdings of armored combat vehicles it notified at the signature of the Treaty pursuant to Article VII of the Treaty, or 150 items, whichever is the greater.

Paragraph 3 of Section VIII lists the vehicles that may be converted for nonmilitary purposes. They are: T-54, T-55, T-62, T-72, and Leopard 1 battle tanks; and BMP-1, BTR-60, and OT-64 armored combat vehicles. Paragraph 3 makes clear that the list is subject to change by the Joint Consultative Group. Paragraph 3 further provides that such changes shall be deemed improvements to the viability and effectiveness of the Treaty relating only to minor matters of a technical nature. The purpose of this last provision is to make clear that such changes may be accomplished without going through a ratification process.

Paragraph 4 of Section VIII lists the nonmilitary purposes for all converted vehicles. They are:

(A) general purpose prime movers;
(B) bulldozers;
(C) fire fighting vehicles;
(D) cranes;
(E) power unit vehicles;
(F) mineral fine crushing vehicles;
(G) quarry vehicles;
(H) rescue vehicles;
(1) casualty evacuation vehicles;
(J) transportation vehicles;
(K) oil rig vehicles;
(L) oil and chemical product spill cleaning vehicles;
(M) tracked ice breaking prime movers;
(N) environmental vehicles.

Paragraph 4 of Section VIII further provides that the foregoing list is subject to change by the Joint Consultative Group and that such changes shall be deemed improvements to the viability and effectiveness of the Treaty relating only to minor matters of a technical nature.

Although several of the items on the list in paragraph 4 of Section VIII could have possible military use, it was clearly understood during the negotiation of the list that the converted vehicles are for civilian use only. Each item converted is subject to final inspection to confirm the nonmilitary purpose of each resulting vehicle. However, each State Party carrying out such conversions is only obligated, pursuant to paragraph 11 of Section X of the Protocol on Inspection, to accept up to 10 inspections each year to validate the completion of conversion.

Paragraph 5 of Section VIII concerns notification procedures relating to each State Party's plans for conversion of battle tanks and armored combat vehicles. Paragraph 5 provides that each State Party shall notify all other States Parties of the number of battle tanks and armored combat vehicles it plans to convert in accordance with the Treaty. Paragraph 5 also provides that a State Party shall give notice at least 15 days in advance of the initiation of a conversion. Paragraph 5 further provides that such notice shall specify the number and types of vehicles to be converted, the starting and completion date of the conversion, and the specific nonmilitary purpose to which the vehicles will be converted.

Paragraph 6 of Section VIII specifies the procedures to be carried out before conversion of battle tanks and armored combat vehicles at reduction sites:

(A) for battle tanks:

(1) removal of special equipment from the chassis, including detachable equipment, that ensures the operation of onboard armament systems;

(2) removal of the turret, if any;

(3) for the gun breech system, either:

(a) welding the breech block to the breech ring in at least two places; or

(b) cutting of at least one side of the breech ring along the long axis of the cavity that receives the breech block;

(4) severing of the gun tube into two parts at a distance of no more than 100 millimeters from the breech ring;

(5) severing of either of the gun trunnions and its trunnion mount in the turret; and

(6) cutting out and removal of a portion of the hull top armor beginning from the front glacis to the middle of the hull turret aperture, together with the associated portions of the side armor at a height of no less than 200 millimeters (for the T-64 and T-72, no less than 100 millimeters) below the level of the hull top armor, as well as the associated portion of the front glacis plate severed at the same height. The severed portion of this front glacis plate shall consist of no less than the upper third; and

(B) for armored combat vehicles:

(1) for all armored combat vehicles, removal of special equipment from the chassis, including detachable equipment, that ensures the operation of onboard armament systems;

(2) for rear-engine vehicles, cutting out and removal of a portion of the hull top armor from the front glacis to the bulkhead of the engine-transmission compartment, together with the associated portions of the slide and front armor at a height of no less than 300 millimeters below the level of the top of the assault crew compartment;

(3) for front-engined vehicles, cutting out and removal of a portion of the hull top armor plate from the bulkhead of the engine-transmission compartment to the rear of the vehicle, together with the associated portions of the side armor at a height of no less than 300 millimeters below the level of the top of the assault crew compartment; and

(4) in addition, for armored infantry fighting vehicles and heavy armaments combat vehicles:

(a) removal of the turret;

(b) Severing of either of the gun trunnions and its trunnion mount in the turret;

(c) for the gun breech system:

(i) welding the breech block to the breech ring in at least two places;

(ii) cutting of at least one side of the breech ring along the long axis of the cavity that receives the breech block; or

(iii) severing of the breech casing into two approximately equal parts; and

(d) severing of the gun tube into two parts at a distance of no more than 100 millimeters from the breech ring.

The reduction procedures set forth in paragraph 6 of Section VIII are designed to partially destroy or "operationally disable" the items by removing their militarily significant attributes, primarily fire power and armor protection, while retaining those attributes (chiefly mobility) that are required in order for the conversions to be useful in a civilian capacity. The partial destruction procedures in paragraph 6 are comparable to those relating to the removal of fire power and armored protection specified in Sections III and IV of the Protocol for the destruction of battle tanks and armored combat vehicles, respectively.

Paragraph 7 of Section VIII provides that battle tanks and armored combat vehicles being reduced pursuant to Section VIII shall be subject to inspection, without right of refusal, in accordance with Section X of the Protocol on Inspection. Paragraph 7 also provides that vehicles shall be deemed reduced upon completion of the procedures in paragraph 6 and notification in accordance with Section X of the Protocol on Inspection. In this regard, the Soviet Union argued for the right to consider the partially destroyed or "operationally disabled" items reduced so that they would be better able to meet their reduction liability for battle tanks and armored combat vehicles by the end of the 40-month reduction period. Paragraph 8 of Section VIII requires that vehicles reduced pursuant to paragraph 7 of Section VIII must remain subject to notification pursuant to Section IV of the Protocol on Information Exchange until final conversion for nonmilitary purposes has been completed and notification has been made in accordance with paragraph 12 of Section X of the Protocol on Inspection.

Paragraph 9 of Section VIII provides that vehicles undergoing final conversion for nonmilitary purpose shall also be subject to inspection in accordance with Section X of the Protocol on Inspection, with the following changes:

(A) the process of final conversion at a reduction site shall not be subject to inspection; and

(B) all other States Parties shall have the right to inspect fully converted vehicles, without right of refusal, upon receipt of a notification from the State Party conducting final conversion specifying when final conversion procedures will be completed although, as stated above, pursuant to paragraph 11 of Section X of the Protocol on Inspection, a State Party is obligated to accept only 10 such inspections each year.

The Soviet Union would not agree to inspecting the process of conversion, as it had agreed to inspecting the process of reduction, because it claimed conversion would be carried out in facilities at which other sensitive activities are conducted. However, the process whereby the items are reduced by partial destruction or "operationally disabled" is inspectable pursuant to paragraph 7 above.

Paragraph 10 of Section VIII provides that if a State Party decides not to proceed with final conversion after having completed paragraph 6 procedures, then the vehicle shall be destroyed within the time limits for conversion set forth in Article VIII of the Treaty in accordance with the appropriate procedures of the Protocol. Paragraph 10 is an important provision. It, along with the requirement in paragraph 8 of Section VIII to continue to report the "partially destroyed/operationally disabled" items in the information exchange, ensures that legal accountability for such items is retained until they are either fully converted or destroyed.

SECTION IX - PROCEDURE IN THE EVENT
OF DESTRUCTION BY ACCIDENT

Section IX consists of three paragraphs. This Section sets forth rights, obligations, and procedures with respect to the reduction of Treaty-limited armaments and equipment by accidental destruction. All States Parties were receptive to such a provision allowing for reduction "credit" for items that were destroyed in the normal course of operations and training during the 40-month reduction period. However, Section IX places a limit on the number of Treaty-limited armaments and equipment that may be claimed to be reduced due to destruction by accident. Along with destruction of combat aircraft by use as target drones, destruction by accident is the only destruction procedure in the Protocol that does not have to take place at reduction sites.

Paragraph 1 of Section IX provides that each State Party has the right to reduce its reduction liability for each category of Treaty-limited armaments and equipment in the event such armaments are destroyed by accident. Paragraph 1 makes clear, however, that the reduction of liability may not be reduced by more than 1.5 percent of the maximum level for holdings notified by a State Party at the signature of the Treaty for each relevant category.

Paragraph 2 of Section IX provides that an item of Treaty-limited armaments and equipment shall be deemed reduced if the accident in which it was destroyed is notified to all other States Parties within seven days of its occurrence. Paragraph 2 also provides that such notification shall include:

-the type of destroyed item;

-the date of the accident;

-the approximate location of the accident; and

-the circumstances related to the accident.

Paragraph 3 of Section IX provides that, within 90 days of the notification, documentary evidence must be provided to all other States Parties, e.g., a report of the investigation, in accordance with Article XVII of the Treaty. Paragraph 3 also provides that if there are ambiguities relating to the accident, reduction shall not be considered complete until the matter is resolved.

It should be noted that the requirement for "documentary evidence" in paragraph 3 does not obligate a State Party to provide photographs of the destroyed item. Many aircraft are lost at sea and in such cases photographs will not be available. As a result, paragraph 3 was drafted in order to ensure that credit would be given toward reduction requirements for aircraft "splashes."

It should be noted that Section IX has been applied provisionally between signature and entry into force of the Treaty pursuant to subparagraph (M) of paragraph 1 of the Protocol on Provisional Application. Section IX is applied provisionally in order to take into account those Treaty-limited armaments and equipment that are accidentally destroyed prior to entry into force of the Treaty. Significantly, Section IX is the only provision in the Treaty that gives credit for the reduction of Treaty-limited armaments and equipment carried out by States Parties prior to the entry into force of the Treaty.

SECTION X - PROCEDURE FOR REDUCTION
BY MEANS OF STATIC DISPLAY

Section X consists of five paragraphs. This Section sets forth the rights, obligations, and procedures with respect to the reduction of Treaty-limited armaments and equipment by means of static display. However, Section X places a cap on the number of items that may be reduced by means of static display. Also, before such items may be placed on display, they must first undergo reduction procedures at reduction sites. As a result, they will be subject to inspection without right of refusal while undergoing the procedures. Paragraph 1 of Section X provides that each State Party has the right to reduce a certain number of Treaty-limited armaments and equipment by means of static display.

Paragraph 2 of Section X provides that no State Party shall use static display to reduce more than one percent or eight items, whichever is greater, of its maximum levels for holdings it declared at signature of the Treaty for each category of Treaty-limited armaments and equipment.

Paragraph 3 of Section X provides that, notwithstanding paragraphs 1 and 2 above, each State Party also has the right to retain in working order two items of each existing type of Treaty-limited armaments and equipment for the purpose of static display. Paragraph 3 further provides that such items shall be displayed at museums or similar sites. In this regard, the Protocol on Existing Types lists the existing types of conventional armaments and equipment subject to the Treaty.

Paragraph 4 of Section X provides that Treaty-limited armaments and equipment placed on static display or in museums before signature of the Treaty shall not be subject to any numerical limitations set forth in the Treaty, including the numerical limitations set forth in paragraphs 2 and 3 of Section X. In this regard, paragraph 4, in effect, constitutes an exception to the main counting rule set forth in Article III of the Treaty. This exception is based on the "grandfather clause" principle.

Paragraph 5 of Section X sets forth the reduction procedures to be carried out at reduction sites before items may be placed on static display, as follows:

(A) all items powered by self-contained engines must have their fuel tanks rendered incapable of holding fuel, and:

(1) have their engine(s) and transmission removed and their engine mounts damaged so that these pieces cannot be refitted; or

(2) have their engine compartment filled with concrete or a polymer resin;

(B) all items to be displayed equipped with 75 millimeter or larger guns with permanently fixed elevation and traversing mechanisms shall have their elevation and traversing mechanisms welded so that the tube can be neither traversed nor elevated. In addition, those items to be displayed which use pinion and rack or pinion and ring mechanisms for traversing or elevating shall have three consecutive gear teeth cut off from the rack or ring on each side of the pinion of the gun tube;

(C) all items to be displayed which are equipped with weapon systems that do not meet the criteria set forth in subparagraph;

(D) of this paragraph shall have their barrel and receiver group filled with.,either concrete or a polymer resin, beginning at the face of the bolt/breech and ending within 100 millimeters of the muzzle.

SECTION XI - PROCEDURE FOR REDUCTION
BY USE AS GROUND TARGETS

Section XI consists of 4 paragraphs. This Section sets forth the rights, obligations, and procedures with respect to reduction by use as ground targets. Section XI is applicable only to battle tanks, armored combat vehicles, and self-propelled artillery. Section XI places a limit on the number of such items that may be reduced by use as ground targets. Section XI also makes clear that before items may be used in such a role they must first undergo reduction procedures at reduction sites. As a result, they will be subject to inspection without right of refusal while undergoing the procedures.

Paragraph 1 of Section XI provides that each State Party has the right to reduce a certain number of battle tanks, armored combat vehicles and self-propelled artillery pieces by use as ground targets.

Paragraph 2 of Section XI provides that, with respect to battle tanks and armored combat vehicles, no State Party shall reduce by use as ground targets more than 2.5 percent of its maximum levels of the Treaty. Paragraph 2 further provides that no more than 50 self-propelled artillery pieces may be reduced by use as ground targets by any State Party.

Paragraph 3 of Section XI provides that conventional armaments and equipment in use as ground targets before signature of the Treaty shall not be subject to any numerical limitations set forth in Article IV, V, or VI of the Treaty, or to the numerical limitations set forth in paragraph 2 of Section XI. In this regard, paragraph 3, in effect, constitutes an exception to the main counting rule set forth in Article III of the Treaty. This exception is based on the "grandfather clause" principle.

Paragraph 4 of Section XI sets forth the reduction procedures to be carried out at reduction sites before items may be used as ground targets, as follows:

(A) for battle tanks and self-propelled artillery pieces:

(1) for the breech system, either:

(a) welding the breech block to the breech ring in at least two places; or

(b) cutting of at least one side of the breech ring along the long axis of the cavity that receives the breech block;

(2) severing either of the trunnions and its trunnion mount in the turret; and

(3) severing critical sections from both sides of the hull which include the final drive apertures, by vertical and horizontal cuts in the side plates and diagonal cuts in the deck or belly plates and front or rear plates, such that the final drive apertures are contained in the severed portions; and

(B) for armored combat vehicles:

(1) for the gun breech system;

(a) welding the breech block to the breech ring in at least two places; or

(b) cutting of at least one side of the breech ring along the long axis of the cavity that receives the breech block; or

(c) severing of the breech casing into two approximately equal parts;

(2) severing either of the trunnions and its trunnion mount in the turret;

(3) for tracked armored combat vehicles, severing of sections from both sides of the hull which include the final drive apertures, by vertical and horizontal cuts in the side plates and diagonal cuts in the deck or belly plates and front or rear plates, so that the final drive apertures are contained in severed portions; and

(4) for wheeled armored combat vehicles, severing of sections from both sides of the hull which include the front wheel final gearbox mounting areas by vertical, horizontal and irregular cuts in the side, front, deck and belly plates, so that the front wheel final gear box mounting areas are included in the severed portions at a distance of no less than 100 millimeters from the cuts.

SECTION XII - PROCEDURE FOR REDUCTION BY
USE FOR GROUND INSTRUCTIONAL PURPOSES

Section XII consists of four paragraphs. This Section sets forth the rights, obligations, and procedures with respect to reduction by use for ground instructional purposes. Section XII is applicable only to combat aircraft and attack helicopters. Section XII places a limit on the number of such items that may be reduced by use for ground instructional purposes. Section XII also makes clear that before items may be used in such a role they must first undergo reduction procedures at reduction sites. As a result, they will be subject to inspection without right of refusal while undergoing the procedures.

The reduction procedures in this Section will prevent any combat aircraft and attack helicopters reduced in this manner from being used in combat operations.

Paragraph 1 of Section XII provides that each State Party has the right to reduce a certain number of combat aircraft and attack helicopters by use for ground instructional purposes.

Paragraph 2 of Section XII provides that no State Party shall reduce by use for ground instructional purposes more than five percent of its maximum levels for holdings it declared at signature of the Treaty for those categories.

Paragraph 3 of Section XII provides that conventional armaments and equipment limited by the Treaty in use for ground instructional purposes before signature of the Treaty shall not be subject to any numerical limitations set forth in Article IV, V, or VI of the Treaty, or to the numerical limits set forth in paragraph 2 of Section XII. In this regard, paragraph 3, in effect, constitutes an exception to the main counting rule set forth in Article III of the Treaty. This exception is based on the "grandfather clause" principle.

Paragraph 4 of Section XII sets forth the reduction procedures to be carried out at reduction sites before items may be used for ground instructional purposes, as follows:

(A) for combat aircraft:

(1) severing of the fuselage into two parts in the central wing area;

(2) removal of engines, mutilation of engine mounting points and filling of all fuel tanks with concrete, polymer or resin compounds, or removal of the fuel tanks and mutilation of the fuel tank mounting points; or

(3) removal of all internal, external and removable armament and armament systems equipment, removal of the tail fin and mutilation of the tail fin mounting points and filling of all but one fuel tank with concrete, polymer or resin setting compounds; and

(B) for attack helicopters: severing of the tail boom or tail part from the fuselage so that the assembly joint is contained in the severed portion.


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