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Annex III

LETTERS RELATING TO THE INCLUSION OF OFFICIALS FROM THE FEDERAL ENVIRONMENTAL AGENCY IN THE DECLARATION OF TH E FEDERAL REPUBLIC OF GERMANY

A. Letter dated 14 May 1982 from the head of the delegation of the Union of Soviet Socialist Republics to the session of a special character of the Governing Council addressed to the President of the session.

The list of participants at the session of a special character of the UNEP Governing Council includes among the members of the delegation of the Federal Republic of Germany representatives of the Federal Environmental Agency, which has been established illegally I West Berlin.

The nomination of officials from this Agency as members of the delegation from the Federal Republic of Germany cannot be regarded otherwise than as an act designed to confuse the participants in the session of a special character of the UNEP Governing Council in order to legalize the state institutes of the Federal Republic of Germany which have been established illegally in Berlin (west). The existence of such institutes is in direct contravention of the Quadripartite Agreement of 3 September 1971, in which it is laid down that Berlin (West) is not a constituent part of the Federal Republic of Germany and will not be governed by it in the future.

Attempts to draw such institutes into the orbit of international co-operation can only create unnecessary confusion and complications and hamper accomplishment of the tasks before the UNEP Governing Council at its session of a special character.

In view of the above, the Soviet delegation wished to state that it does not recognize the credentials of the representatives of the agency referred to, and to request you, Sir, to take the necessary steps to ensure that this statement is duly reflected in the report of the present session.

(signed) V. SOKOLOVSKI

Head of the Delegation of the Union

of Soviet Socialist Republics

to the session of a

special character

B. Letter dated 14 May 1982 from the head of the delegation of the German Democratic Republic to the session of a special character of the Governing Council addressed to the President of the session

I have the honor to draw your attention to the fact that the provisional list of participants of the session of a special character of the Governing Council of UNEP gives notice that the delegation of the Federal Republic of Germany includes Mr. Lersner and Mr. Moecker from the Federal Environmental Agency which is illegally located I Berlin (west).

The appointment of officials of this agency as members of the delegation of the Federal Republic of Germany cannot be regarded otherwise that as an act designed to misuse the authority of the session of a special character of the Governing Council of UNEP for the purpose of legalizing state institutions of the Federal Republic of Germany which are illegally established in Berlin (West).

The location of these institutions in Berlin (West) contravenes directly the provisions of the Quadripartite Agreement of 3 September 1971 to the effect that Berlin (west) is not a constituent part of the Federal Republic of Germany and will continue not to be governed by it in future.

Attempts to involve such institutions in International co-operative endeavours can only create unnecessary misunderstandings and complications and hamper the fulfilment of the tasks that this session faces.

For this reason, the delegation of the German Democratic Republic cannot recognize the legality of the inclusion of Mr. Lerner and Mr. Moeker in the delegation of the Federal Republic of Germany.

I kindly request you to have this letter duly reflected in the report on the session of a session of a special character of the Governing Council of UNEP.

(Signed) Guldo THOMS

Head of Delegation of the German Democratic

Republic to the session of a special

character of the Governing Council

of UNEP

C. Letter dated 17 May 1982 from the head of the delegation of the United States of America to the session of a special character of the Governing Council addressed to the President of the session

I have learned from the representative of the Federal Republic of Germany that you have received communications from the delegations of the Union of Soviet Socialist Republics and the Germany Democratic Republic, challenging the inclusion of certain representatives of the Federal Environmental Agency of the Federal Republic of Germany in that country’s delegation. The delegations of France and the United Kingdom join me in contesting the erroneous interpretation of the Quadripartite Agreement advance in those communications.

The establishment of the of the Federal Environmental Agency in the Western Sectors of Berlin was approved by the British, French and American authorities acting on the bais of their supreme authority. These authorities are satisfied that the Federal Environmental Agency does not perform in the Western Sectors of Berlin acts in exercise of direct perform in the Western Sectors of Berlin. Neither the location nor the activities of that agency in the Western Sectors of Berlin. Therefore, contravene any if the provisions of the Quadripartite Agreement. Furthermore there is noting of the Western Sectors of Berlin may not be included in the Federal Republic of Germany delegations to international conferences. In fact, annex IV of the Quadripartite Agreement stipulates

That, provided matters of security and status are not affected, the Federal Republic of Germany may represent the interests of the Western Sectors of Berlin at International conferences and that residents of the Western Sectors of Berlin may participate jointly with participants from the Federal Republic of Germany in International exchanges. Moreover for the Federal Republic of Germany alone to decide on the composition of their delegation.

The letters from the Soviet delegation contains an incomplete and therefore misleading reference to the Quadripartite Agreement provides that the ties between the Western Sectors of Berlin and Federal R

C. Letter dated 17 May 1982 from the head of the delegation of the United States of America to the session of a special character of the Governing Council addressed to the President of the session.

I have learned from the representative of the Federal Republic of Germany that you have received communications from the delegations of the Union of Soviet Socialist Republics and the Germany Democratic Republic, challenging the inclusion of certain representatives of the Federal Environmental Agency of the Federal Republic of Germany in that country’s delegation. The delegations of France and the United Kingdom join me in contesting the erroneous interpretation of the Quadripartite Agreement advanced in those communications.

The establishment of the Federal Environmental Agency in the Western Sectors for Berlin was approved by the British, French and American authorities acting on the basis of their supreme authority. These authorities are satisfied that the Federal Environmental Agency does not perform in the Western Sectors of Berlin acts in exercise of direct State authority over the Western Sectors of Berlin. Neither the location nor the activities of that agency in the Western Sectors of Berlin, therefore, contrivance any of the provisions of the Quadripartite Agreement. Furthermore there is nothing in the Quadripartite Agreement which supports the contortion that residents of the Western Sectors of Berlin may not be included in the Federal Republic of Germany delegations to International conferences. In fact, annex IV of the Quadripartite Agreement stipulates that, provided matters of security and status are not affected, the Federal Republic of Germany may represent the interest o the western Sectors of Berlin at International conferences and that residents of the Western Sectors of Berlin may participate jointly with participants from the Federal Republic of Germany along to decide on the composition of their delegation.

The letter from the Soviet delegation contains an incomplete and therefore misleading reference of the Quadripartite Agreement. The relevant passage of the Quadripartite Agreement 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 be governed by it.

With reference to the letter on this subject from the delegation of the German Democratic Republic it should be pointed out that states which are not parties of the Quadripartite Agreement are not competent to comment authoritatively on its provisions.

I request you to have the text of this letter duly reflected in the report of the present session.

(Signed) A. Alan HILL

Head of Delegation

United States of America

D. Letter dated 17 May 1982 from the acting head of the delegation of the Federal Republic of Germany to the session of a special character of the Governing Council addressed to the President of the session.

It has come to the attention of my delegation that you have received communications from the Delegations of the Union of Soviet Socialist Republics and the German Democratic Republic, challenging the inclusion of certain representative of the Federal Environmental Agency of the special character. I wish to state that my government shares the position set out in the letter of the delegation of the United States of America on behalf of the three powers, dated 17 May 1982.

It regrets the attempts of the delegation of the Union of Soviet Socialist Republics and the German Democratic Republic to interfere with the appointment of representatives of the Federal Environment Agency as members of the delegation of the Federal Republic of Germany.

It is, as a matter of principle, for every participation country to decide which institutions or persons it wishes to involve in its contribution to the work of this UNEP special session.

Moreover, the Federal Government is of the view that it is the task of this conference to promote international co-operation in the field of environment and no to discuss political matters which are beyond the scope of this UNEP special session.

I request you to have the text of this letter duly reflected in the report of the present session.

(Signed) A. KUEHN

Ambassador

Acting Head of Delegation

Federal republic of Germany