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Aanvullende Overeenkomst bij het Verdrag tussen de Staten die partij zijn bij het Noordatlantische Verdrag nopens de rechtspositie van hun krijgsmachten, met betrekking tot de in de Bondsrepubliek Duitsland gestationeerde buitenlandse krijgsmachten, Bonn, 03-08-1959
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Inhoudsopgave
Agreement to Supplement the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces with respect to Foreign Forces stationed in the Federal Republic of Germany
Article 1
Article 2
Article 3
Article 4
Article 5
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Article 8
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Article 14
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Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
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Article 27
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33
Article 34
Article 35
Article 36
Article 37
Article 38
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Article 42
Article 43
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Article 46
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Article 48
Article 49
Article 50
Article 51
Article 52
Article 53
Article 54
Article 55
Article 56
Article 57
Article 58
Article 59
Article 60
Article 61
Article 62
Article 63
Article 64
Article 65
Article 66
Article 67
Article 68
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Article 70
Article 71
Article 72
Article 73
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Article 75
Article 76
Article 77
Article 78
Article 79
Article 80
Article 81
Article 82
Article 83
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Aanvullende Overeenkomst bij het Verdrag tussen de Staten die partij zijn bij het Noordatlantische Verdrag nopens de rechtspositie van hun krijgsmachten, met betrekking tot de in de Bondsrepubliek Duitsland gestationeerde buitenlandse krijgsmachten, Bonn, 03-08-1959

Aanvullende Overeenkomst bij het Verdrag tussen de Staten die partij zijn bij het Noordatlantische Verdrag nopens de rechtspositie van hun krijgsmachten, met betrekking tot de in de Bondsrepubliek Duitsland gestationeerde buitenlandse krijgsmachten
(authentiek: en)
The Kingdom of Belgium,
Canada,
The French Republic,
The Federal Republic of Germany,
The Kingdom of the Netherlands,
The United Kingdom of Great Britain and Northern Ireland, and
The United States of America,
CONSIDERING that sub-paragraph (b) of paragraph 1 of Article 8 of the Convention on Relations between the Three Powers and the Federal Republic of Germany, as amended by Schedule I to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, signed at Paris on 23 October 1954, provides for the negotiation of new arrangements setting forth the rights and obligations of the forces of the Three Powers and other States having forces in the territory of the Federal Republic of Germany;
CONSIDERING that, pursuant to that provision, the new arrangements shall be based on the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed at London on 19 June 1951, supplemented by such provisions as are necessary in view of the special conditions existing in regard to the forces stationed in the Federal Republic of Germany;
CONSIDERING that the North Atlantic Council has decided to approve, in accordance with paragraph 3 of Article XVIII of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, the accession to that Agreement of the Federal Republic of Germany, provided that such accession shall become effective only after all the States Parties to the new arrangements have ratified or approved them;
CONSIDERING that the second paragraph of the Preamble to the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces also provides for separate arrangements supplementary to that Agreement;
CONSIDERING that, pursuant to the Agreement signed at Bonn on 3rd August 1959, by the Powers signatory to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, signed at Paris on 23 October 1954, the Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany, the Finance Convention, and the Agreement on the Tax Treatment of the Forces and their Members, as amended by that Protocol, shall cease to be effective upon the entry into force of the new arrangements;
DESIRING thereby to continue consolidating the North Atlantic Community;
HAVE AGREED AS FOLLOWS:
Article 1
The Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed at London on 19 June 1951 (hereinafter referred to as the “NATO Status of Forces Agreement”), shall, as regards the rights and obligations of the forces of the Kingdom of Belgium, Canada, the French Republic, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland and the United States of America in the territory of the Federal Republic of Germany (hereinafter referred to as “the Federal Republic”), be supplemented by the provisions of the present Supplementary Agreement.
1.
In the present Agreement the term
(a) “a German” shall mean a German within the meaning of German law;
(b) “Protocol of Signature” shall mean the Protocol of Signature to the present Agreement;
(c) “Forces Convention” shall mean the Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany, as amended by Schedule II to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, signed at Paris on 23 October 1954;
(d) “Federal Requisitioning Law” shall mean the Federal Requisitioning Law (Bundesleistungsgesetz) of 19 October 1956 (Bundesgesetzblatt 1956 Teil I, page 815);
(e) “Restricted Areas Law” shall mean the Law concerning Restrictions on Real Property for Purposes of Military Defence (Gesetz über die Beschrankung von Grundeigentum fiir die militärische Verteidigung - Schutzbereichgesetz) of 7 December 1956 (Bundesgesetzblatt 1956 Teil I, page 899);
(f) “Land Procurement Law” shall mean the Law concerning the Procurement of Land for Purposes of Defence (Gesetz iiber die Landbeschaffung für Aufgaben der Verteidigung — Landbeschaffungsgesetz) of 23 February 1957 (Bundesgesetzblatt 1957 Teil I, page 134);
(g) “Air Traffic Law” shall mean the Air Traffic Law (Luftverkehrsgesetz) in the version of the Notification (Bekanntmachung) of 10 January 1959 (Bundesgesetzblatt 1959 Teil I, page 9).
2.
(a) A close relative of a member of a force or of a civilian component not falling within the definition contained in sub-paragraph (c) of paragraph 1 of Article I of the NATO Status of Forces Agreement who is financially or for reasons of health dependent on, and is supported by, such member, who shares the quarters occupied by such member and who is present in the Federal territory with the consent of the authorities of the force shall be considered to be, and treated as, a dependent within the meaning of that provision.
(b) Should a member of a force or of a civilian component die or leave the Federal territory on transfer, the dependents of such member, including close relatives referred to in sub-paragraph (a) of this paragraph, shall be considered to be, and treated as, dependents within the meaning of sub-paragraph (c) of paragraph 1 of Article I of the NATO Status of Forces Agreement for a period of ninety days after such death or transfer if such dependents are present in the Federal territory.
1.
In accordance with the obligations imposed by the North Atlantic Treaty upon the contracting parties thereto to render mutual assistance, the German authorities and the authorities of the forces shall co-operate closely to ensure the implementation of the NATO Status of Forces Agreement and of the present Agreement.
2.
The co-operation provided for in paragraph 1 of this Article shall extend in particular
(a) to the furtherance and safeguarding of the security, as well as to the protection of the property, of the Federal Republic, of the sending States and of the forces, and especially to the collection, exchange and protection of all information which is of significance for these purposes;
(b) to the furtherance and safeguarding of the security, as well as to the protection of the property, of Germans, of members of the forces and members of the civilian components and dependents, as well as of nationals of the sending States who do not belong to these categories of persons.
3.
The German authorities and the authorities of a force shall, by taking appropriate measures, ensure close and reciprocal liaison within the scope of the co-operation provided for in paragraphs 1 and 2 of this Article.
4.
The German authorities and the authorities of a sending State shall take all the administrative measures necessary for the implementation of the NATO Status of Forces Agreement and of the present Agreement, and, where necessary, shall conclude administrative or other agreements to that end.
5.
(a) In the implementation of provisions in the field of support contained in the NATO Status of Forces Agreement and in the present Agreement, the German authorities shall accord to a force and to a civilian component such treatment as is necessary for the satisfactory fulfilment of their defence responsibilities.
(b) In asserting the rights accorded to them under the provisions referred to in sub-paragraph (a) of this paragraph, the authorities of a force and of a civilian component shall, with a view to reasonable reconciliation of their requirements and those of the Federal Republic, take into due account German public and private interests.
6.
The German authorities and the authorities of a force shall agree on frontier crossing points at which liaison officials of the sending State are to be stationed. These officials shall assist the German authorities in their control functions in order to ensure the speedy and unobstructed passage of the force, the civilian component, their members and dependents, and their accompanying baggage, and of consignments of goods and materials shipped by the force or on its behalf or for its account for the use of the force or of the civilian component, their members and dependents.
7.
If, in the implementation of the NATO Status of Forces Agreement and of the present Agreement, no agreement is reached either on the local or on the regional level between the German authorities and the authorities of a force, the matter shall, unless the NATO Status of Forces Agreement or the present Agreement provides a special procedure, be referred to the competent central Federal authority and the higher authority of the force. The Federal Government or the higher authority of the force shall issue any individual instructions that may be necessary to the German authorities or to the authorities of the force and the civilian component respectively.
1.
The exercise of rights and the fulfilment of obligations which a sending State derives from the NATO Status of Forces Agreement and the present Agreement may, with the consent of the Federal Government, be effected by other sending States in accordance with administrative agreements to be concluded between the sending States concerned.
2.
Until the entry into force of the administrative agreements referred to in paragraph 1 of this Article, the agreements between the sending States concerned governing the exercise of rights and the fulfilment of obligations at the time of the entry into force of the present Agreement shall remain applicable in the fields to which they relate, unless the sending State concerned notifies the other sending State concerned and the Federal Republic of its intention no longer to apply the latter agreements.
1.
The following provisions shall apply with respect to identification within the Federal territory:
(a) Members of a force shall not be required to have movement orders.
(b) Uniformed members of a force moving in units under military command need not give proof of their identity. In exceptional cases where it is necessary to establish immediately the identity of a unit, the commander of the unit shall, upon request of the German authorities, produce his personal identity card.
(c) Members of a civilian component and dependents who do not carry with them a passport or a document acknowledged as equivalent under German law shall give proof of their identity by means of an identity document issued by the authorities of the sending State, showing name, date of birth and photograph of the holder, a serial number or the name of the issuing authority and the capacity in which the holder is present in the Federal territory.
(d) In exceptional cases where a member of a force or of a civilian component or a dependent is not in possession of the documents provided for in Article III of the NATO Status of Forces Agreement or in this Article, the German authorities shall accept temporary certification by the authorities of the force that the person concerned is a member of the force or of the civilian component or a dependent. The authorities of the force shall, as soon as possible, replace such certification by the documents provided for in Article III of the NATO Status of Forces Agreement or in this Article and shall so inform the German authorities.
2.
The following provisions shall apply with respect to frontier crossings:
(a) Individual or collective movement orders shall normally contain in German the data referred to in sub-paragraph (b) of paragraph 2 of Article III of the NATO Status of Forces Agreement. Movement orders which in exceptional cases do not contain such data in German shall nevertheless be recognized as valid by the German authorities. Movement orders shall be issued for a single entry or exit, or for both, or shall be valid for a limited period. The authorities of a force may extend the period of validity of a movement order. An appropriate entry on the personal identity card showing the date of expiration may take the place of an individual movement order.
(b) A unit crossing the frontier under military command on a collective movement order shall be identified by its commander who shall present his personal identity card and the collective movement order. In exceptional cases where the German authorities consider it necessary to verify the identity of certain members of a unit, for special reasons which shall be given by the German frontier control officials to the commander of the unit, the latter shall present the personal identity cards of those members. Such verification shall not unduly delay the unit.
(c) Control of identity documents on entry and exit via military airfields of a force shall in principle be the same as frontier control of service frontier crossings. However, in the case of the entry and exit via military airfields of members of a force of a civilian component or dependents, the German authorities shall confine themselves to occasional checks, carried out after consultation with the authorities of the airfield concerned; regular identity controls over such persons shall be carried out by the authorities of the force. The control of identity documents of persons in categories other than those mentioned in the second sentence of this sub-paragraph who enter or leave the Federal territory via military airfields of a force shall be carried out by the German authorities, who shall be notified of the arrival of such persons by the authorities of the force. Such control shall take place on entering or leaving the airfield.
1.
Members of a force, of a civilian component and dependents shall be exempt from German regulations in the field of registration of residence (Meldewesen) and aliens' control (Ausländerpolizei), except with respect to registration in hotels and similar establishments (Beherbergungsstatten).
2.
The authorities of a force shall keep up-to-date records of all members of the civilian component and of all dependents. At the request of the German authorities, the reasons for which shall be explained, the authorities of the force shall, in individual cases, supply the information required under the regulations referred to in paragraph 1 of this Article.
3.
At the request of the German authorities, the authorities of the force shall inform them of the number of members of the civilian component and of dependents.
Article 7
In applying international agreements or other provisions in force in the Federal territory concerning residence (Aufenthalt) and settlement (Niederlassung), insofar as they relate to repatriation, to expulsion, to the extension of residence permits or to gainful occupation, periods of time spent in the Federal territory by any person as a member of a force or of a civilian component or as a dependent shall be disregarded.
1.
When a competent German authority intends to take one of the measures within the competence of the receiving State and set forth in the first sentence of paragraph 5 of Article III of the NATO Status of Forces Agreement, the authority concerned shall communicate this intention to the competent authority of the sending State concerned, stating the reasons invoked in support of the intended measure, and shall afford that authority the possibility of making known its opinion or of itself taking such measures as it might deem fitting within a reasonable period of time. The German authorities shall give sympathetic consideration to any position which might be adopted by the sending State and to any measures which may have been taken by the authorities of that State.
2.
Notification of intent to take one of the measures provided for in paragraph 5 of Article III of the NATO Status of Forces Agreement shall be given by the Minister of the Interior of the Land concerned, or, in the cases of Hamburg and Bremen, by the Senator for Internal Affairs.
3.
Requests for removal shall be made and expulsion orders shall be issued only if the competent German authority considers that the continued presence in the Federal territory of the person in question actually endangers public order or public security at the time when the request is made or the order is issued.
1.
A licence or other permit issued to a member of a force or of a civilian component by an authority of a sending State empowering the holder to operate service vehicles, vessels or aircraft is valid for the operation of such vehicles, vessels or aircraft in the Federal territory.
2.
A driving licence issued in a sending State empowering the holder to operate private motor vehicles in that State is valid for the operation of such vehicles in the Federal territory by the holder if the latter is a member of a force or of a civilian component or a dependent. The German regulations relating to the period of validity of such driving licence in the Federal territory and to its invalidation by a German administrative authority shall not apply if the holder is in possession of a certificate issued by an authority of the force showing that he is a member of the force or of the; civilian component or a dependent and that he possesses adequate knowledge of German traffic regulations. Such certificate shall be provided with a German translation.
3.
Driving licences provided with a German translation may be issued for private motor vehicles by the authorities of a force to members of the force or of the civilian component or to dependents if these authorities have determined that, in addition to fitness to operate a motor vehicle, applicants possess adequate knowledge of German traffic regulations. They shall ensure that learner drivers are instructed, and when driving on a public highway are accompanied at all times, by a person possessing the qualifications specified in the first sentence of this paragraph and holding a valid driving licence. Such person shall be responsible for the driving of the vehicle and shall carry a written authorization, issued by the authorities of the force and provided with a German translation, empowering him to instruct the learner driver.
4.
A civil pilot's licence issued to a member of a force or of a civilian component or to a dependent by the authorities of a sending State shall authorize the holder to operate private aircraft in the Federal territory if such licence is based on the Standards and Recommended Practices of the International Civil Aviation Organization.
5.
(a) The authorities of a force shall ensure that the persons operating the service vessels referred to in paragraph 1 of this Article, when navigating in inland waters, possess adequate knowledge of the particular waters to be navigated and of the relevant river police regulations.
(b) The authorities of a force may issue certificates of qualification for the operation of non-service inland watercraft of the force if they have determined that the person concerned possesses the knowledge prescribed in sub-paragraph (a) of this paragraph. The particular waters to be navigated shall be specified in the certificate. Regulations applicable within the scope of international agreements shall remain unaffected.
6.
(a) The authorities of a force shall withdraw driving licences valid in the Federal territory in accordance with paragraphs 1 and 3 of this Article or certificates mentioned in paragraph 2, if there is reasonable doubt concerning the holder's reliability or fitness to operate a motor vehicle. They shall give sympathetic consideration to requests made by the German authorities for the withdrawal of such driving licences or certificates. Driving licences or certificates may be re-issued if this is necessary for urgent military reasons or to enable the holders to leave the Federal territory. The authorities of a force shall notify the German authorities of all withdrawals made in accordance with this sub-paragraph and of all cases where, after such withdrawal, a driving licence or certificate has been reissued.
(b) In cases where German courts exercise jurisdiction pursuant to Article VII of the NATO Status of Forces Agreement and Articles 17, 18 and 19 of the present Agreement, provisions of German criminal law relating to the withdrawal of permission to drive remain applicable with respect to driving licences referred to in paragraphs 2 and 3 of this Article. Withdrawal of permission to drive shall be recorded in the driving licence, which shall remain in the possession of the holder.
7.
(a) Sub-paragraph (of paragraph 6 of this Article shall apply mutatis mutandis to pilot's licences and certificates of qualification referred to in paragraph 4 and sub-paragraph (b) of paragraph 5.
(b) The authorities of a force shall give sympathetic consideration to reports from the German authorities concerning failure to observe air traffic rules by holders of the pilot's licences valid in the Federal territory in accordance with paragraph 1 of this Article and shall take such action as may be necessary.
1.
The authorities of a force may register and license motor vehicles and trailers of the force or the civilian component, of members of the force or of the civilian component, or of dependents. Subject to the regulations applicable within the scope of international agreement, the same shall apply to vessels of a force. Aircraft of a force or of a civilian component, of members of a force or of a civilian component, or of dependents shall be registered and licensed by the authorities of the sending State in accordance with the applicable international regulations.
2.
The authorities of a force shall register and license private motor vehicles and trailers only if such vehicles or trailers are insured against liability in accordance with Article 11 of the present Agreement. They shall withdraw or cancel such registration or licence when this insurance is no longer operative.
3.
Motor vehicles, trailers, vessels and aircraft registered and licensed in accordance with paragraph 1 of this Article or used by a force in the Federal territory shall bear a distinctive nationality mark, in addition to a registration number or other appropriate identification mark. Identification marks on private motor vehicles and trailers shall be clearly distinct from those used on service vehicles and trailers. The authorities of a force shall inform the German authorities of the identifications system used for motor vehicles, trailers and vessels registered and licensed by them. At the request of the German authorities, the reasons for which shall be explained, the authorities of the force shall, in individual cases, supply the names and addresses of persons in whose names private motor vehicles, trailers or aircraft have been registered or licensed in accordance with paragraph 1 of this Article.
4.
The registration certificate for a private motor vehicle or trailer shall show the registration number, the name or the trademark of the maker of the vehicle, the maker's identification or serial number, the date of first registration in the Federal territory and the full name of the holder. The certificate shall be provided with a German translation. The registration certificate for private aircraft shall be based on the Standards and Recommended Practices of the International Civil Aviation Organization. Non-service inland watercraft of a force with a displacement of fifteen tons or over shall carry on board a certificate of serviceability which may be issued by the authorities of the force.
5.
The authorities of a force shall take adequate safety measures with respect to motor vehicles, trailers, vessels and aircraft registered and licensed by them or used by the force in the Federal territory.
1.
Members of a force, of a civilian component and dependents shall use or permit to be used in the Federal territory private motor vehicles, trailers and aircraft only if risks arising out of such use are covered by third-party liability insurance in accordance with German law.
2.
Third-party liability insurance of a private motor vehicle, trailer or aircraft to be licensed by the authorities of a force may be effected with any insurance enterprise authorized to carry on the business activity of third-party liability insurance in a sending State, provided that in addition to such enterprise an insurer, or association of insurers, authorized to do business in the Federal territory assumes the third-party liability insurance obligations in respect of damage incurred in the Federal territory. The requirements of German law with respect to any third person suffering injury or damage shall not be affected by the conditions of such insurance.
3.
Insofar as foreign exchange regulations exist in the sending States, the latter shall ensure that all payments to be effected by insurers or associations of insurers authorized to do business in their territories can be met in the Federal territory and in the currency of the Federal Republic.
1.
The authorities of a force may authorize members of the civilian component and other persons employed in the service of the force to possess and carry arms insofar as such persons are responsible for the safeguarding of cash or property or are particularly endangered by the special nature of their official position or activities.
2.
The authorities of the force shall issue regulations, which shall conform to the German law on self-defence (Notwehr), on the use of arms by the persons authorized in accordance with paragraph 1 of this Article.
3.
Persons authorized in accordance with paragraph 1 of this Article may bear firearms only if in possession of a firearms certificate issued by the authorities of the force. A suitably endorsed duty identity card shall also be considered a firearms certificate.
4.
The authorities of the force shall issue firearms certificates only to persons as to whose reliability there is no reasonable doubt. They shall sympathetically examine requests by the German authorities for withdrawal of such certificates and shall withdraw a firearms certificate if it is established that the holder has misused his firearm or if reasonable doubt exists as to his reliability.
1.
Except where expressly provided otherwise, international agreements or other provisions in force in the Federal territory concerning social security, including social and medical assistance, shall not apply to members of a force or of a civilian component or to dependents. However, rights and obligations of such persons in the field of social security which have arisen during previous presence in the Federal territory remain unaffected. Furthermore, the fact that a person belongs to one of the categories referred to in the preceding sentences shall not preclude the possibility of his paying contributions to the German social security (soziale Kranken- und Rentenversicherung) for the purpose of continuing insurance on a voluntary basis (Weiterversicherung) nor the possibility of his acquiring and asserting rights deriving from existing insurance.
2.
Nothing in this Article shall affect the obligations of a member of a force or of a civilian component or of a dependent in the capacity of an employer.
Article 14
Where a member of a force, of a civilian component or a dependent is granted exemption from the production of a certificate of eligibility to marry, the fee payable, to be determined in accordance with the scope and difficulties of the administrative work involved, shall not exceed the sum of fifty Deutsche Mark.
1.
The obligation under German law to report births and deaths to a German registrar shall not apply either with respect to a child born to, or with respect to the death of, a member of a force or of a civilian component or a dependent; where, however, such birth or death is reported to a German registrar, registration shall take place in accordance with the provisions of German law.
2.
The obligation to report births and deaths remains unaffected in cases where the child is, or the deceased was, a German.
1.
The military authorities of a sending State shall have the right, in accordance with applicable regulations of such sending State, to take charge and dispose of the remains of members of the force or of the civilian component and of dependents in the event of their death in the Federal territory and to perform such autopsy as may be required for medical reasons or purposes of criminal investigation. Requests by German authorities that an autopsy be performed shall be granted if such autopsy is admissible under the law of the sending State. A German medical officer of the court (Gerichtsarzt) or public health officer (Amtsarzt) and, in the case of an autopsy for purposes of criminal investigation, a German judge, may be present during the autopsy. In cases where a German court or authority is competent to order an autopsy, the second and third sentences of this paragraph shall apply mutatis mutandis if the military authorities of a sending State have an interest in the results of such autopsy.
2.
Where so authorized by the law of a sending State, the military authorities of that State shall have the right to take possession of the personal property of the deceased within the Federal territory and to apply it, in the first place, to the payment of any preferential charges which may be prescribed by the law of that sending State and, in the second place, to the settlement of any other debts incurred in the Federal territory and for which there exists a legal obligation to pay in that territory and thereafter to dispose of the remainder in accordance with the law applicable to the estate of the deceased. The provisons of this paragraph shall not apply if the deceased was a German.
3.
The forces shall have the right at agreed sites to establish and maintain cemeteries as may be necessary in the fulfilment of their defence responsibilities.
1.
Where, in order to decide upon the authority competent to exercise jurisdiction with respect to an offence, it is necessary to determine whether an act is punishable by the law of a sending State, the German court or authority dealing with the case shall suspend the proceedings and shall notify the competent authority of the sending State. The appropriate authority of the sending State may, within twenty-one days after receipt of the notification, or at any time if such notification has not yet been made, submit to the German court or authority a certificate stating whether or not the act is punishable by the law of the sending State. If the certificate is affirmative on this point, it shall specify the provision or legal basis under which the act is punishable, as well as the penalty prescribed.
2.
The German court or authority shall make its decision in conformity with the certificate. In exceptional cases, however, such certificate may, at the request of the German court or authority, be made the subject of review through discussions between the Federal Government and the diplomatic mission in the Federal Republic of the sending State.
3.
If it is to be determined whether an offence is punishable under German law, the procedure provided in paragraphs 1 and 2 of this Article shall apply mutatis mutandis with respect to the offence, the certificate being then issued by the supreme competent administrative authority of the Federal Republic or of the German Land concerned.
4.
The provisions of paragraphs 1, 2 and 3 of this Article shall not apply as between the Federal Republic and any sending State which informs the Federal Republic that it does not intend to avail itself of these provisions or to extend the benefits thereof to the Federal Republic.
1.
Whenever, in the course of criminal proceedings against a member of a force or of a civilian component, it becomes necessary to determine whether an offence has arisen out of any act or omission done in the performance of official duty, such determination shall be made in accordance with the law of the sending State concerned. The highest appropriate authority of such sending State may submit to the German court or authority dealing with the case a certificate thereon.
2.
The German court or authority shall make its decision in conformity with the certificate. In exceptional cases, however, such certicate may, at the request of the German court or authority, be made the subject of review through discussions between the Federal Government and the diplomatic mission in the Federal Republic of the sending State.
1.
At the request of a sending State, the Federal Republic shall, within the framework of sub-paragraph (c) of paragraph 3 of Article VII of the NATO Status of Forces Agreement, waive in favour of that State the primary right granted to the German authorities under sub-paragraph (b) of paragraph 3 of that Article in cases of concurrent jurisdiction, in accordance with paragraphs 2, 3, 4 and 7 of this Article.
2.
Subject to any particular arrangements which may be made under paragraph 7 of this Article, the military authorities of the sending States shall notify the competent German authorities of individual cases falling under the waiver provided in paragraph 1.
3.
Where the competent German authorities hold the view that, by reason of special circumstances in a specific case, major interests of German administration of justice make imperative the exercise of German jurisdiction, they may recall the waiver granted under paragraph 1 of this Article by a statement to the competent military authorities within a period of twenty-one days after receipt of the notification envisaged in paragraph 2 or any shorter period which may be provided in arrangements made under paragraph 7. The German authorities may also submit the statement prior to receipt of such notification.
4.
If, pursuant to paragraph 3 of this Article, the competent German authorities have recalled the waiver in a specific case and in such case an understanding cannot be reached in discussions between the authorities concerned, the diplomatic mission in the Federal Republic of the sending State concerned may make representations to the Federal Government. The Federal Government, giving due consideration to the interests of German administration of justice and to the interests of the sending State, shall resolve the disagreement in the exercise of its authority in the field of foreign affairs.
5.
(a) With the consent of the German authorities, the military authorities of a sending State which has requested the waiver under paragraph 1 of this Article may transfer to the German courts or authorities for investigation, trial and decision, particular criminal cases in which jurisdiction rests with that State.
(b) With the consent of the military authorities of a sending State which has requested the waiver under paragraph 1 of this Article, the German authorities may transfer to the military authorities of that State for investigation, trial and decision, particular criminal cases in which jurisdiction rests with the Federal Republic.
6.
(a) Where a German court or authority exercises exclusive jurisdiction under sub-paragraph (b) of paragraph 2 of Article VII of the NATO Status of Forces Agreement, a copy of any document served on the accused shall be delivered, upon special or general request of the sending State concerned, to the liaison agency referred to in Article 32 of the present Agreement.
(b) The liaison agency shall lend its assistance to the German courts and authorities to facilitate service of process in criminal matters.
7.
In the implementation of the provisions of this Article and to facilitate the expeditious disposal of offences of minor importance, arrangements may be made between the military authorities of a sending State or States and the competent German authorities. These arrangements may also extend to dispensing with notification and to the period of time referred to in paragraph 3 of this Article within which the waiver may be recalled.
1.
The military authorities of a sending State may, without a warrant of arrest, take into temporary custody any person not subject to their jurisdiction
(a) if such person is caught or pursued in flagrante delicto and either
(i) the identity of the person cannot be established immediately, or
(ii) there is reason to believe that the person may flee from justice; or
(b) if so requested by a German authority; or
(c) if such person is a member of the force or of the civilian component of another sending State, or a dependent of any such member, upon request by an authority of that State.
2.
If there is danger in delay and a German public prosecutor or German police officer cannot be called in time, the military authorities of a sending State may, without a warrant of arrest, take into temporary custody a person not subject to their jurisdiction if there are strong reasons to suspect (dringender Verdacht) that such person has committed or is making a punishable attempt to commit an offence within, or directed against, an installation of that State, or an offence punishable under Article 7 of the Fourth Law Amending the Criminal Law dated 11 June 1957 (Bundesgesetzblatt Teil I, page 597) in conjunction with Sections 99, 100, 100c, 100d, 100e, 109f, 109g and 363, of the German Criminal Code, or under such legislation as may replace these provisions in future. This provision shall apply only if the person in question is a fugitive from justice or in hiding or if there are good reasons to fear that he is seeking to evade criminal proceedings consequent upon the commission of such offence or punishable attempt.
3.
In cases falling within paragraph 1 or 2 of this Article the military authorities may, to such extent as may be necessary, disarm the person so taken into temporary custody, and may search him and seize any items in his possession which may serve as evidence for the purposes of the investigation of the suspected or alleged offence.
4.
The military authorities shall, without delay, deliver any person taken into temporary custody in accordance with this Article, together with any weapons or other items so seized, to the nearest German public prosecutor or police officer or judge or to the military authorities of the sending State to whose force or civilian component the person belongs either as a member or as a dependent of such member.
5.
The provisions of this Article shall not affect the constitutional immunities of the parliaments of the Federation and the Länder.
1.
Where an investigation is initiated or an arrest made by a German authority in respect of an act punishable under Article 7 of the Fourth Law Amending the Criminal Law dated 11 June 1957 (Bundesgesetzblatt Teil I, page 597) or under such legislation as may replace that Article in future, the German authorities conducting the investigations shall notify the military authorities of the sending State concerned without delay. The same shall apply if a German authority initiates an investigation or makes an arrest in respect of an act otherwise directed against the security of a sending State or of its force.
2.
Where an investigation is initiated or an arrest made in the Federal territory by a competent authority of a sending State in respect of an act committed in the Federal territory and relating to matters affecting the security of the Federal Republic, this authority shall inform the German authorities without delay.
1.
(a) Where jurisdiction is exercised by the authorities of a sending State, custody of members of the force, of the civilian component, or dependents shall rest with the authorities of that State.
(b) Where jurisdiction is exercised by the German authorities, custody of members of a force, of a civilian component, or dependents shall rest with the authorities of the sending State in accordance with paragraphs 2 and 3 of this Article.
2.
(a) Where the arrest has been made by the German authorities, the arrested person shall be handed over to the authorities of the sending State concerned if such authorities so request.
(b) Where the arrest has been made by the authorities of a sending State, or where the arrested person has been handed over to them under sub-paragraph (a) of this paragraph, they
(i) may transfer custody to the German authorities at any time;
(ii) shall give sympathetic consideration to any request for the transfer of custody which may be made by the German authorities in specific cases.
(c) In respect of offences directed solely against the security of the Federal Republic, custody shall rest with the German authorities in accordance with such arrangements as may be made to that effect with the authorities of the sending State concerned.
3.
Where custody rests with the authorities of a sending State in accordance with paragraph 2 of this Article, it shall remain with these authorities until release or acquittal by the German authorities or until commencement of the sentence. The authorities of the sending State shall make the arrested person available to the German authorities for investigation and criminal proceedings (Ermittlungs- und Strafverfahren) and shall take all appropriate measures to that end and to prevent any prejudice to the course of justice (Verdunkelungsgefahr). They shall take full account of any special request regarding custody made by the competent German authorities.
Article 23
Where a person is arrested in any case referred to in paragraph 1 of Article 21 of the present Agreement, a representative of the sending State concerned shall have access to that person. Where a person arrested in any case referred to in paragraph 2 of that Article is held in custody by the authorities of a force, a German representative shall have a corresponding right to the extent to which the sending State avails itself of the right of access afforded by the first sentence of this Article. The German authorities and the military authorities of the sending State shall conclude such arrangements as may be required for the implementation of this Article. A representative of the State which has custody may be present when the right of access is exercised.
Article 24
At the request of the Federal Republic or of a sending State, the German authorities and the authorities of that State shall conclude arrangements to facilitate the fulfilment of the obligation of mutual assistance provided for in sub-paragraph (a) of paragraph 5 and subparagraph (a) of paragraph 6 of Article VII of the NATO Status of Forces Agreement.
1.
(a) Where criminal jurisdiction over a member of a force or of a civilian component or a dependent is exercised by a German court or a German authority, a representative of the sending State concerned shall have the right to attend the trial. Where an offence is solely directed against the security of the Federal Republic, or against any property within the Federal Republic, or against a German or a person present in the Federal territority, and jurisdiction is exercised in the Federal Republic by a court or authority of a sending State, a German representative shall have the right to attend the trial.
(b) For the purpose of the provisions set forth in sub-paragraph (a) of this paragraph
(i) the expression “property within the Federal Republic” shall not include property belonging either to a force or a civilian component or to a member of a force or of a civilian component or to a dependent;
(ii) the expression “a person present in the Federal territory” shall not include a member of a force or of a civilian component or a dependent.
(c) The provisions set forth in sub-paragraph (a) of this paragraph shall not apply if the attendance of a national representative is incompatible with the security requirements of the State exercising jurisdiction which are not at the same time security requirements of the other State.
(d) German courts and authorities on the one hand, and the courts and authorities of the sending State on the other hand, shalle give each other timely notification of place and time of the trial.
2.
Under the conditions stated in paragraph 1 of this Article a representative of the sending State shall also have a right to attend interrogations and other pre-trial investigations to such extent as may be agreed between the authorities of that State and those of the Federal Republic. If such arrangements are concluded, they shall, under the conditions stated in paragraph 1, give to a German representative a right corresponding to that of the representative of the sending State, and shall provide procedures for reciprocal notification.
1.
Where a member of a force or of a civilian component or a dependent is arraigned before a court of a sending State for an offence committed in the Federal territory against German interests, the trial shall be held in that territory
(a) except where the law of the sending State requires otherwise, or
(b) except where, in cases of military exigency or in the interests of justice, the authorities of the sending State intend to hold the trial outside the Federal territory. In this event they shall afford the German authorities timely opportunity to comment on such intention and shall give due consideration to any comments the latter may make.
2.
Where the trial is held outside the Federal territory the authorities of the sending State shall inform the German authorities of the place and date of the trial. A German representative shall be entitled to be present at the trial, except where his presence is incompatible with the rules of the court of the sending State or with the security requirements of that State, which are not at the same time security requirements of the Federal Republic. The authorities of the sending State shall inform the German authorities of the judgment and of the final outcome of the proceedings.
Article 27
Sections 212 to 212 (b) of the German Code of Criminal Procedure, relating to expedited procedure, shall not be applicable in criminal proceedings against members of a force, of a civilian component, or against dependents.
1.
The military police of a force shall have the right to patrol on public roads, on public transport, in restaurants (Gaststätten) and in all other places to which the public has access and to take such measures with respect to the members of a force, of a civilian component or dependents as are necessary to maintain order and discipline. Insofar as it is necessary or expedient the details of the exercise of this right shall be agreed upon between the German authorities of the force, who maintain close mutual liaison.
2.
If public order and safety are endangered or disturbed by an incident in which members of a force or of a civilian component or dependents are involved, the military police of a force shall, if so requested by the German authorities, take appropriate measures with respect to such persons to maintain or restore order and discipline.
1.
The Federal Republic shall bring about such legislative measures as it deems necessary to ensure the adequate security and protection within its territory of the forces, of the civilian components and of their members. This shall also apply to the Armed Forces of a sending State stationed in Berlin, to the civilian component thereof and to their members with regard to offences committed within the Federal territory.
2.
To implement paragraph 11 of Article VII of the NATO Status of Forces Agreement and paragraph 1 of this Article the Federal Republic shall, in particular,
(a) ensure, in accordance with the provisions of German criminal law on treason, the protection of military secrets of the sending States;
(b) ensure, by way of criminal law, the protection of a force, a civilian component and their members to an extent not inferior to the protection which is or will be afforded to the German Armed Forces in the following fields:
(i) influencing the force, the civilian component or their members with intent to undermine their willingness to serve;
(ii) exposing the force to contempt;
(iii) inducement to disobedience;
(iv) inducement to desertion;
(v) facilitation of desertion;
(vi) sabotage;
(vii) collection of information concerning military matters;
(viii) operation of a military intelligence service;
(ix) reproduction or description of military equipment, military installations or facilities, or of military activities;
(x) taking of aerial photographs.
3.
For the purposes of sub-paragraph (a) of paragraph 2 of this Article, the term “military secrets” shall mean such facts, objects, conclusions and discoveries, in particular writings, drawings, models, formulae, or information about them, as concern defence and are kept secret by an agency of a sending State located on Federal territory or in Berlin out of consideration for the security of that State or of its force, or its Armed Forces stationed in Berlin. The term shall not include objects in respect of which the decision about keeping them secret is a matter for the Federal Republic, or information concerning such objects.
Article 30
To facilitate the implementation of Article VII of the NATO Status of Forces Agreement and the provisions of the present Agreement supplementary thereto, and to ensure their uniform application, Mixed Commissions composed of a German representative to be appointed by the Federal Government and a representative of the sending State concerned shall be constituted at the request of either party. The task of these Mixed Commissions shall be to discuss questions submitted to them by the Federal Government or the highest authority of the force concerned with respect to the application of the provisions referred to in this Article. The German authorities and the authorities of the sending State shall give sympathetic consideration to any joint recommendation made by a Mixed Commission.
Article 31
With respect to the right to free judicial assistance and the exemption from the obligation to post security for costs, members of a force or of a civilian component shall enjoy the rights determined in agreements in force in these fields between the Federal Republic and the sending State concerned. The presence on duty of such persons in the Federal territory shall, in the application of such agreements, be deemed to be residence therein.
1.
(a) Service upon members of a force, of a civilian component, or on dependents of a plaint or other document or court order initiating non-criminal proceedings before a German court or authority shall be made through a liaison agency to be established or designated by each of the sending States. The German courts or authorities may request the liaison agency to ensure service of other documents arising in such proceedings.
(b) Receipt of an application submitted by a German court or authority for service shall be acknowledged by the liaison agency without delay. Service shall be effective when the document to be served is delivered to the addressee by his unit commander or by a representative of the liaison agency. Notification in writing that service has been effected shall be given without delay to the German court or authority.
(c)
(i) If, upon the expiry of a period of twenty-one days from the date of acknowledgement of receipt by the liaison agency, the German court or authority has received neither notification in writing that service has been effected in accordance with sub-paragraph (b) of this paragraph nor any communication stating that it has not been possible to effect service, the court or authority shall forward to the liaison agency another copy of the application for service with notice that seven days after receipt by the liaison agency service shall be deemed to have been effected. At the expiry of this seven-day period, service shall be deemed to have been effected.
(ii) Service shall not, however, be deemed to have been effected if the liaison agency notifies the German court or authority prior to the expiry of the period of twenty-one days or seven days, as the case may be, that it has not been able to effect service. The liaison agency shall inform the German court or authority of the reasons for its inability to do so.
(iii) In the case specified in item (ii) of this sub-paragraph, the liaison agency may also request the German court or authority to extend the period stating in such request the reasons therefor. If this request for extension is accepted by the Gerrnan court or authority, items (i) and (ii) shall be applicable mutatis mutandis to the period so extended.
2.
Where a German court or authority serves a judgment or a document in appellate proceedings (Rechtsmittelschrift), a copy thereof shall, upon special or general request of the sending State concerned, be delivered to the liaison agency of that State without delay, except where the liaison agency itself is, in accordance with the second sentence of sub-paragraph (a) of paragraph 1 of this Article, requested to effect such service.
Article 33
Members of a force, of a civilian component or dependents shall not suffer prejudice to their interests when official duties or duly authorized absence temporarily prevents their attendance at noncriminar proceedings to which they are parties.
1.
The military authorities shall render all assistance in their power to secure compliance with judgments, decisions, orders and settlements (vollstreckbare Titel) in non-criminal proceedings of German courts and authorities.
2.
A member of a force or of a civilian component or a dependent shall not be deprived of his personal liberty by a German court or authority whether to enforce a judgment, decision, order and settlement, to compel an oath of disclosure (Offenbarungseid) or for any other reason resulting from non-criminal proceedings.
3.
A payment due to a member of a force or a civilian component from his Government shall be subject to attachment, garnishment or other form of execution ordered by a German court or authority only to the extent permitted by the law applicable in the territory of the sending State.
4.
Where the enforcement of a judgment, decision, order and settlement in non-criminal proceedings of a German court or authority is to take place within an installation of a force, such enforcement shall be effected by a German enforcement officer in the presence of a representative of the force.
Article 35
Where a judgment, decision, order and settlement (vollstreckbarer Titel) of a German court or authority is to be enforced against a debtor to whom a payment is due in respect of employment with a force or civilian component in accordance with the provisions of Article 56 of the present Agreement or in respect of direct deliveries or services to a force or a civilian component, the following provisions shall apply:
(a) Where such a payment is made through a German authority and that authority has been requested by an enforcing agency to make the payment to the judgment creditor instead of to the debtor, that authority shall be entitled to comply with such request within the scope of the provisions of German law.
(b)
(i) Where such a payment is not made through a German authority, the authorities of the force or of the civilian component shall, upon request by an enforcing agency and insofar as the law of the sending State concerned permits, deposit with the competent agency out of the sum admitted to be owing to the debtor the sum specified in the request. Such deposit shall operate as a discharge of the force or the civilian component from its obligation to the debtor to the extent of the amount deposited.
(ii) Insofar as the law of the sending State concerned does not permit the procedure prescribed in item (i) of this sub-paragraph, the authorities of the force or of the civilian component shall take all appropriate measures to assist the enforcing agency in the execution of the judgment, decision, order and settlement in question.
1.
Service by German courts and authorities upon members of a force, of a civilian component or on dependents shall not be effected by publication or advertisement.
2.
Where service of any document is to be effected by a German process server upon any person who is inside an installation of a force, the authority of the force responsible for the administration of the installation shall take all measures necessary to enable the German process server to effect such service.
1.
(a) Where a member of a force or of a civilian component is summoned to appear before a German court or authority, the military authorities, unless military exigency requires otherwise, shall secure his attendance provided that such attendance is compulsory under German law. The liaison agency shall be requested to ensure execution of such summons.
(b) The provisions of sub-paragraph (a of this paragraph shall apply mutatis mutandis to dependents insofar as the military authorities are able to secure their attendance; otherwise dependents will be summoned in accordance with German law.
2.
Where persons whose attendance cannot be secured by the military authorities are required as witnesses or experts by a court or a military authority of a sending State, the German courts and authorities shall, in accordance with German law, secure the attendance of such persons before the court or military authority of that State.
1.
If in the course of criminal or non-criminal proceedings or hearings before a court or authority of a force or of the Federal Republic it appears that the disclosure of an official secret of either of the States concerned, or the disclosure of any information which could prejudice the security of either of them might result, the court or the authority shall, prior to taking further action, seek the written consent of the appropriate authority to the disclosure of the official secret or information. In the event that the appropriate authority advances considerations against disclosure, the court or authority shall take all steps in its power, including those to which paragraph 2 of this Article relates, to prevent such disclosure, provided no constitutional right of any party to the proceedings is thereby impaired.
2.
The provisions of Sections 172 to 175 of the German Judicature Act (Gerichtsverfassungsgesetz) on the exclusion of the public from hearings in criminal and non-criminal proceedings, and of Section 15 of the German Code of Criminal Procedure on the transfer of criminal proceedings to a court in a different district, shall be applied mutatis mutandis in cases before German courts and authorities where there is a threat to the security of a force or of a civilian component.
Article 39
Privileges and immunities of witnesses and experts shall be those accorded by the law of the court or authority before which they appear. The court or authority shall, however, give appropriate consideration to the privileges and immunities which witnesses and experts, if they are members of a force or of a civilian component or dependents, would have before a court of the sending State or, if they do not belong to these categories of persons, would have before a German court.
Article 40
Subject to any provision to the contrary in the NATO Status of Forces Agreement or in the present Agreement, archives, documents, official mail recognizable as such and property of a force shall be immune from search, seizure or censorship by the German authorities except where immunity is waived.
1.
The settlement of claims in respect of damage caused by acts or omissions of a force, a civilian component or their members, or by other occurrences for which a force or a civilian component is legally responsible, shall be governed by the provisions of Article VIII of the NATO Status of Forces Agreement and the provisions of this Article supplementary thereto.
2.
No compensation shall be payable in respect of
(a) damage to public roads, highways, bridges, navigable waterways and other public traffic facilities resulting from their use by a force or a civilian component for normal traffic purposes;
(b) loss of or damage to property which has been constructed or procured from occupation costs, mandatory expenditures or support costs funds, to the extent that such loss or damage was caused while the property was at the disposal of a force or a civilian component for its use.
3.
(a) The Federal Republic stall waive all its claims against a sending State in respect of loss of, or damage to, property owned by the Federal Republic and made available for the exclusive use of the force or of the civilian component. This shall apply equally if such property is made available for use by the forces of several sending States or is used by the force of one or more sending States jointly with the German Armed Forces. This waiver shall not apply to damage caused wilfully or by gross negligence, nor to damage to the property of the German Federal Railways or German Federal Post.
(b) The provisions of sub-paragraph (f) of paragraph 2 of Article VIII of the NATO Status of Forces Agreement shall not apply to loss of or damage to property owned by the German Federal Railways or the German Federal Post nor to damage to Federal roads.
4.
The Federal Republic shall relieve the sending States of liability for claims arising from loss of or damage to property owned by a Land, if the loss or damage was caused prior to the entry into force of the present Agreement.
5.
Each sending State shall waive all its claims against the Federal Republic in respect of loss of or damage to property owned by such sending State and caused by members or employees of the German Armed Forces in the performance of official duties or by the use of vehicles, ships, or aircraft of the German Armed Forces, provided that it is property used by the force or the civilian component of that State and that it is located in the Federal territory. This waiver shall not apply to damage caused wilfully or by gross negligence.
6.
The provisions of paragraph 5 of Article VIII of the NATO Status of Forces Agreement and of this Article shall not apply to damage suffered by members of a force or of a civilian component and caused by acts or omissions of other members of the same force or the same civilian component, or by other occurrences for which such force or such civilian component is legally responsible.
7.
The organizations referred to in paragraph 2 of Article 71 shall for the purpose of the settlement of damage claims in accordance with Article VIII of the NATO Status of Forces Agreement in conjunction with this Article be considered to be, and treated as, integral parts of the force concerned unless it is agreed that any such organization shall not enjoy in that respect exemption from German jurisdiction.
8.
The liability of a force or of a civilian component shall not be affected by the fact that such force or civilian component enjoys exemption from German regulations. Where the German Armed Forces enjoy the same exemptions, compensation shall be payable only if and to the extent that compensation is payable for damage caused by the latter.
9.
(a) In cases where an occurrence causing damage to a third party and compensable under paragraph 5 of Article VIII of the NATO Status of Forces Agreement has also given rise to damage to the sending State concerned, and where the third party is liable to compensate for such damage, the claim of the sending State is to be set off against the claim of the third party.
(b) The Federal Republic shall, in accordance with administrative agreements, and at the request of a sending State, assert for that State claims against persons resident in the Federal territory and arising out of damage caused there to such State; this shall not apply to contractual claims. Such expenses which the Federal Republic incurs in asserting claims over and above the general costs of administration shall be reimbursed by the sending State.
10.
In respect of claims concerning damage to accommodation or loss of, or damage to, movables, other than accommodation or movables owned by the Federation or by a Land, which were made available for exclusive use by a force or a civilian component before 5 May 1955, and which are released by the force or the civilian component after the entry into force of the present Agreement, compensation shall be borne by the Federal Republic and the sending State concerned in equal parts.
11.
(a) Except in cases where after inquiry of the forces concerned it is not possible to establish to which of them the loss or damage is attributable, the force shall furnish a certificate concerning the questions dealt with in paragraph 8 of Article VIII of the NATO Status of Forces Agreement; it shall, at the request of the German authorities, review such certificate if, during investigation of a claim, a German authority or a German court considers that circumstances exist which would lead to an inference different from that contained therein.
(b) If a difference of opinion remains that cannot be resolved in further discussions between the two parties at higher level, the procedure provided in paragraph 8 of Article VIII of the NATO Status of Forces Agreement shall be followed.
(c) The German authorities or courts shall make their decisions in conformity with the certificate or the decision of the arbitrator respectively.
12.
(a) The provisions of Article VIII of the NATO Status of Forces Agreement and of this Article shall apply to those damages which are caused or which are deemed to be caused after the entry into force of the present Agreement.
(b) Damages which were caused before the entry into force of the present Agreement, or which are deemed to have been caused before that date, shall be dealt with in accordance with the regulations which were until then applicable.
13.
Administrative agreements shall be concluded to regulate procedures as between the authorities of a force and the German authorities for the settlement of damage claims.
Article 42
In order to safeguard the security interests of the forces the following provisions shall apply for the control of aerial photography:
(a) Upon request, the German authorities shall notify the authorities of a force of all applications for licence to engage in commercial aerial photography (Grunderlaubnis) which they intend to grant. They shall take into consideration the comments of the force when making their decision in any particular case.
(b)
(i) Subject to the provisions of item (iv) of this sub-paragraph, the German authorities shall forward to the authorities of a force copies of all applications for permits to photograph (Aufnahmeerlaubnisse) which they intend to grant.
(ii) Where within ten days after a copy has been received the authorities of the force raise objections on grounds of secrecy or security and where consultations between the German authorities and the authorities of the force are inconclusive, the matter shall be dealt with without delay at a higher level. The German authorities shall not permit aerial photography of installations, equipment, troop dispositions or movements of a force if the authorities of the force state that its security would be endangered thereby.
(iii) Subject to the provisions of item (iv) of this subparagraph, the German authorities shall, upon request, permit the authorities of a force to examine negatives of aerial photographs, and in agreement with the authorities of the force shall take, with respect to such negatives, any measures necessary to safeguard the secrecy or security of installations, equipment, troop dispositions or movements of the force.
(iv) The exercise of the rights of a force provided for in items (i) and (iii) of this sub-paragraph shall be limited to the geographical areas defined in administrative agreements to be concluded with the German authorities.
(c) Notwithstanding the provisions of item (ii) of sub-paragraph (b) of this Article, permission to photograph may be granted by the German authorities, after consultation with the authorities of the force referred to in item (iv) of sub-paragraph (b) of this Article, where aerial photography for official survey purposes is commissioned by a German authority. In such cases the German authorities shall ensure that the authorities of the force will have first access to negatives and that any measures requested by them to safeguard the secrecy or security of installations, equipment, troop dispositions or movements of a force, are carried out with respect to such negatives.
1.
In the fields of meteorology, geodesy, topography, hydrography and cartography, the authorities of a force and the German authorities shall communicate to each other information on all matters of importance for the common defence and shall exchange all data necessary for this purpose.
2.
The authorities of a force may, after timely notification to the German authorities, make topographic, geodetic, hydrographic or engineering surveys or reconnaissances in the interest of the common defence if special reasons of security or secrecy necessitate this or if the German authorities are unable to carry out such projects to the extent or within the time required. Representatives of the German authorities may be present, unless prohibited by special reasons of secrecy, while any such survey is being made. The German authorities shall, when necessary, use their powers under German law in order to obtain authority for representatives of the force to enter property.
1.
In the settlement of disputes arising from contracts concluded by the German authorities for the account of the authorities of a force or of a civilian component there shall at all times be close co-operation between those authorities, whether or not court proceedings are involved. This shall apply mutatis mutandis to disputes arising out of work, personnel representation, or social insurance of civilian labour with a force or a civilian component, as well as to disputes which arise from procedures referred to in sub-paragraph (c) of paragraph 1 of Article 62 of the present Agreement. Details of such co-operation shall be laid down in administrative agreements.
2.
So far as they relate to court proceedings instituted against the Federal Republic, the agreements referred to in paragraph 1 of this Article shall be based on the following principles:
(a) The authorities of the force or of the civilian component shall be notified without delay of the lodging of a plaint and shall be consulted at all material stages of the proceedings.
(b) The decision as to whether or not an appeal should be lodged shall be taken only in agreement with the authorities of the force or of the civilian component. Failing agreement, the German authorities shall lodge an appeal if an authority of the force or, where applicable, an authority of the civilian component, at highest level, confirms its essential interest in that action being taken. The authorities of the force or of the civilian component shall not object to the lodging of an appeal if a Federal authority at the highest level confirms its essential interest in that action being taken. To the extent that the reasons underlying the confirmation of the interest referred to in the second and third sentences of this paragraph have not become known to the other party in the course of negotiations on the lodging of an appeal, such reasons shall be given on request.
3.
Paragraph 2 of this Article shall apply mutatis mutandis to court proceedings instituted by the Federal Republic, it being understood that the principles set out in sub-paragraph (b) of paragraph 2 shall also be applied to the lodging of plaints.
4.
Whether or not court proceedings are involved in the disputes referred to in paragraph 1 of this Article, the German authorities shall terminate such disputes only in agreement with the authorities of the force or of the civilian component.
5.
(a) The sending State concerned shall meet all the obligations laid upon, and shall enjoy any benefits accruing to the Federal Republic as a result of judgments, decisions, orders and settlements (vollstreckbare Titel) in the court proceedings arising from disputes referred to in paragraph 1 of this Article.
(b) Where, solely as a result of a Federal authority at the highest level having confirmed its essential interest in the lodging of a plaint or an appeal, the force or the civilian component has raised no objection to that action being taken, and if the plaint or appeal gives rise to additional costs in the court proceedings, agreement shall be reached on a case to case basis as to whether and to what extent the obligations arising from such court proceedings are chargeable to the sending State or to the Federal Republic.
(c) Costs arising in connection with court proceedings which are not included in the costs awarded by the court shall be paid by the sending State if the force or the civilian component has given its agreement before the costs were incurred.
6.
(a) Disputes arising from direct procurement by the authorities of a force or of a civilian component of goods and services in the Federal territory shall be settled by German courts or by an independent arbitration tribunal. Where the German courts are to decide the dispute, the plaint shall be lodged against the Federal Republic, which shall conduct the case in its own name in the interest of the sending State. Paragraphs 2, 4 and 5 of this Article shall apply mutatis mutandis as regards relations between the Federal Republic and the sending State.
(b) Agreements between the Federal Republic and a sending State shall, however, take precedence over the provisions of sub-paragraph (a) of this paragraph.
1.
Insofar as a force is not able to carry out its training programme on the accommodation made available for its permanent use without impairing the purposes of such training, the force shall have the right to conduct manoeuvres and other training exercises outside such accommodation in such measure as is necessary to the accomplishment of its defence mission and in accordance with orders or recommendations which the Supreme Allied Commander in Europe or any other competent authority of the North Atlantic Treaty Organization may issue. The exercise of this right shall be governed by the relevant provisions of German law on the conduct of manoeuvres and other training exercises, except where otherwise provided in paragraphs 2 to 7 of this Article.
2.
(a) A force shall take all necessary measures to ensure that damage during the conduct of manoeuvres and other training exercises will be prevented as far as possible and that the economic use of plots of land (Grundstiicke) is not substantially impaired.
(b) The force shall not re-use a plot of land on which considerable damage has been caused by manoeuvres or other training exercises, for a period of three months, except with the consent of the German authorities.
(c) If the economic use of a plot of land has been substantially impaired by manoeuvres or other training exercises conducted by a force, the force shall refrain from conducting manoeuvres or other training exercises on such plot of land for so long as it is to be feared that manoeuvres or other training exercises might lead to further or renewed substantial impairment of the economic use of such plot of land.
(d) Should the German authorities raise objections to the utilization of a specific plot of land on the grounds that its utilization is prohibited under sub-paragraph (b) or (c) of this paragraph, they shall, on the request of the authorities of the force, enter into negotiations on the use of an alternative plot of land which satisfies the training requirements of the force, taking due account of German interests as well as of militairy requirements.
(e) Provisions of German law according to which the same terrain (Gelande) shall only in exceptional cases be used more than once in three months for exercises lasting several days shall not be applicable to a force.
3.
To the extent that military reasons render it indispensable that a force utilise a nature preserve or a nature park or parts thereof, the Federal Government shall, unless the person entitled consents to such utilization, conclude with the Government of the sending State an agreement defining such nature preserve or nature park or parts thereof, and establishing to the extent necessary details of the utilization. In accordance with the agreement concluded, the force may utilise such nature preserve or nature park or parts thereof without the consent of the person entitled to grant it.
4.
If the German authorities propose, instead of an area envisaged by the authorities of the force for the conduct of a manoeuvre or other training exercise, an alternative area which suffices for the training requirements of the force, the force shall not conduct the manoeuvre or other training exercise in the area first envisaged.
5.
(a) The authorities of a force shall notify the German au \thorities at the earliest possible date of their programmes of manoeuvres and other training exercises.
(b) Prior to the commencement of a manoeuvre or other training exercise, the authorities of the force shall communicate to the German authorities by a given date, to be established by agreement between the Federal Government and the Governments of the sending States, a plan for the conduct of the manoeuvre or the other training exercise in question together with all necessary documentation and explanations and shall, if requested by the German authorities, discuss such plan with them. Such plan shall in particular contain data on the type, time of commencement, duration, and place, of the exercises and shall state whether public ways are to be wholly or partly closed or to be used other than as stipulated by German law, and if so, what safety measures are to be taken. Where use is to be made of aircraft in connection with a manoeuvre or other training exercise, such plan shall contain details of such use; Article 46 of the present Agreement shall remain unaffected.
(c) Should no objections be raised by the German authorities to a plan within a fixed period of time to be established by agreement between the Federal Government and the Government of a sending State, the authorities of the force may act on the assumption that no such objections exist.
(d) Should the German authorities raise objections to a plan, endeavours shall be made without delay by way of joint discussion to reach agreement, taking due account both of German interests and of military requirements.
(e) Should the German authorities and the authorities of the force, either at local or at regional level, fail to reach agreement upon a plan within an appropriate period of time, the matter shall, at the request of the German authorities or the authorities of the force be further discussed by the Federal Government and the Government of the sending State in order to reach agreement.
(f) Should the Federal Government and the Government of the sending State fail to reach agreement on a plan within an appropriate period of time, each Government may refer the matter to the Secretary-General of the North Atlantic Treaty Organization with a request for his expert opinion as to whether the planned manoeuvre or other training exercise is of primary importance to the accomplishment of the defence mission of the force and in conformity with the directives laid down within the framework of the North Atlantic Treaty Organization. Such expert opinion shall be given due consideration in the course of further negotiations between the Governments.
(g) The force shall conduct the manoeuvre or other training exercise in accordance with the agreement reached on the plan.
6.
(a) After agreement has been reached on a plan, the authorities of the force shall inform the German authorities of their intention to conduct the manoeuvre or other training exercise in sufficient time to enable the German authorities to announce the manoeuvre or other training exercise at least two weeks prior to its commencement.
(b) If for important reasons not foreseen during the discussion of the plan the German authorities raise objections to the conduct of the manoeuvre or other training exercise in a specific area or at a specific time, especially on the grounds that the manoeuvre or other training exercise would endanger public safety and order or public health, or would as a result of weather conditions cause considerable damage, endeavours shall be made without delay by way of joint discussion to reach agreement, taking due account of these reasons.
(c) The local German authorities shall establish restrictive conditions, which under German law they may establish in individual cases (paragraph 1 of Section 66 of the Federal Requisitioning Law) only in agreement with the authorities of a force to the extent that the force is affected thereby.
7.
For the purpose of effective coordination of civilian and military interests in the application of this Article, the Federal Government and the Government of a sending State may by agreement establish a Permanent Committee.
1.
A force shall have the right to conduct manoeuvres and other training exercises in the air in such measure as is necessary to the accomplishment of its defence mission and in accordance with orders or recommendations which the Supreme Allied Commander in Europe or any other competent authority of the North Atlantic Treaty Organization may issue. Except where otherwise provided in paragraphs 2 to 6 of this Article, the exercise of this right shall be governed by German regulations on the use of air space and the utilization of aviation installations and facilities which fall within the scope of the Standards and Recommended Practices of the International Civil Aviation Organization.
2.
A force shall not, without the specific consent of the persons entitled and of the German authorities, temporarily occupy or close airfields not made available for its exclusive use. The same shall apply to installations designed to ensure air traffic safety.
3.
The authorities of a force and the German authorities shall reach agreement regarding areas which may be flown over at altitudes lower than otherwise permissible.
4.
Air manoeuvres and other air exercises which affect controlled air space and which cannot be cleared by normal air traffic clearance procedure, or which require the issue of a navigational warning, shall be notified to the German authorities in good time. Notification procedure shall follow the decisions of the Standing Commission for co-ordination of aviation or its successor organization.
5.
Where agreement on particular measures for co-ordination is not reached between the authorities of a force and the air traffic control authorities within an appropriate period of time, the matter shall be referred to the Standing Commission for co-ordination of aviation or its successor organization.
6.
The provisions of Article 45 of the present Agreement shall be applicable to off-base landings as well as to parachute jumps or drops on to accommodation not made available to a force for its permanent use.
1.
The Federal Republic shall accord to a force or a civilian component treatment in the matter of procurement of goods and services not less favourable than is accorded to the German Armed Forces.
2.
Having regard to any measures which may become necessary under the second sentence of paragraph 2 of Article IX of the NATO Status of Forces Agreement, the authorities of a force or of a civilian component shall, on request, inform the German authorities of their requirements for defined categories of supplies.
3.
A force or a civilian component may procure goods and services which they need either direct, or, after prior agreement, through the appropriate German authorities.
4.
Where the authorities of a force or of a civilian component procure goods and services direct,
(a) they may apply their normal procedure, provided, however, that they respect the principles applying in the Federal Republic regarding public procurement which are reflected in the regulations concerning competition, preferred tenderers, and prices applicable to public contracts;
(b) they shall inform the German authorities of the subject and size of the order, the name of the supplier and the agreed price, except in the case of minor orders.
5.
Where the authorities of a force or of a civilian component procure goods and services through the German authorities,
(a) the authorities of the force or of the civilian component shall inform the German authorities in good time of their requirements in detail, giving in particular, technical specifications and special conditions of delivery and payment;
(b) contracts in respect of goods and services shall be concluded between the German authorities and the suppliers; the German legal and administrative provisions governing public contracts shall apply thereto;
(c) the German authorities, without prejudice to their exclusive competence vis-à-vis the supplier, shall allow the authorities of the force or of the civilian component to participate in the placing and carrying out of contracts to the extent necessary for taking their interests duly into account; in particular, no contract will be placed or modified without the written consent of the authorities of the force or of the civilian component; unless otherwise agreed, acceptance of goods and services shall be made jointly;
(d) the sending State shall reimburse the Federal Republic in respect of:
(i) any expenditure incumbent upon the Federal Republic under German law relating to public contracts, provided that expenditure arising from settlements out of court shall be reimbursed only if the force has consented to the settlement;
(ii) ex gratia payments made with the consent of the force;
(iii) expenditure, which cannot be charged to the contractor, arising from measures taken by the German authorities in cases of emergency in order to safeguard the interests of the force or of the civilian component;
(e) the necessary funds shall be made available by the authorities of the force and of the civilian component in time to permit payment to be made on due dates;
(f) the authorities of the force or of the civilian component shall be entitled, in a manner to be agreed, to audit documents relative to payments made by the competent German payment agencies;
(g) details of the procedures under sub-paragraphs (a), (c), (d), (e) and (f) of this paragraph shall be established in administrative agreements between the German authorities and the authorities of the force or of the civilian component, with the particular object of ensuring the carrying out of the procurement procedure within the time limits laid down.
1.
(a) The accommodation requirements of a force or of a civilian component shall be satisfied only in accordance with the NATO Status of Forces Agreement and the provisions of the present Agreement.
(b) The accommodation requirements of a force or of a civilian component shall be notified to the Federal authorities in the form of periodic programmes. Outside such programmes, the authorities of a force shall notify accommodation requirements only in cases of urgency. Such notifications shall contain detailed specifications drawn up by the force, including in particular the general area, size, proposed utilization, foreseeable duration of the requirement and the dates by which the accommodation shall be made available.
(c) Agreements shall be concluded between the authorities of a force or of a civilian component and the German authorities on the satisfaction of accommodation requirements. Such agreements shall also cover access to accommodation (roads, railways, or waterways) and, where appropriate, the costs referred to in sub-paragraph (b) of paragraph 5 of Article 63. The measures to be taken in accordance with such agreements shall be carried out by the German authorities.
(d) The German authorities shall, when requested, name the enterprises which are responsible for supplying a force or a civilian component with water, gas, electricity, or for sewage disposal, and with whom contracts could be concluded. Insofar as the requirements of the force or of the civilian component cannot be satisfied by contracts between the authorities of the force or of the civilian component and the enterprises concerned, an agreement on the satisfaction of these requirements shall be concluded between the German authorities and the authorities of the force or of the civilian component, should the latter so request. The German authorities shall take appropriate measures to ensure the implementation of this agreement, if necessary by the conclusion of contracts.
2.
The Federal Republic shall ensure that accommodation made available to a force or a civilian component within the framework of the provisions of the Forces Convention for its use and which is still in its possession upon the entry into force of the present Agreement shall remain available to the force or the civilian component until such time as it is to be released under sub-paragraphs (a) and (b) of paragraphs 5 of this Article. This shall not apply to accommodation allocated for public transport or its supply facilities or for postal services or telecommunications; such accommodation shall be released insofar as it has not been otherwise agreed between the German authorities and the authorities of the force.
3.
(a) Agreements (Überlassungsvereinbarungen) shall be concluded in writing in respect of the accommodation to be made available to a force or a civilian component pursuant to paragraph 1 of this Article; such agreements shall contain data concerning size, type, location, condition and equipment of the accommodation, as well as details concerning its use. The accommodation shall be made available exclusively to the requiring force or civilian component for occupancy and use insofar as it is not otherwise agreed between the German authorities and the authorities of the force or of the civilian component.
(b) Sub-paragraph (a) of this paragraph shall apply mutatis mutandis to accommodation which remains available to a force or a civilian component pursuant to paragraph 2 of this Article.
4.
A force or a civilian component shall be responsable for carrying out such repairs and maintenance as are required to keep the accommodation made available to it in a proper state of preservation, unless with respect to accommodation made available against payment, the agreements concluded pursuant to sub-paragraph (a) of paragraph 3 of this Article provide otherwise.
5.
The following provisions shall apply to the release of accommodation by a force or a civilian component:
(a)
(i) The authorities of a force or of a civilian component shall continually examine their requirements for accommodation, in order to ensure that the number and extent of the units of accommodation used by them are restricted to the minimum required. Furthermore, they shall at the request of the German authorities examine their requirements in specific individual cases. Without prejudice to any special agreements as to periods of use, accommodation which is no longer needed or for which alternative accommodation satisfying the needs of the force or of the civilian component is made available, shall after prior notification to the German authorities, be released without delay.
(ii) The provisions in item (i) of this sub-paragraph shall apply mutatis mutandis where a force or a civilian component no longer requires the whole of a unit of accommodation and where partial release is possible.
(b) Without prejudice to the provisions of sub-paragraph (a) of this paragraph, the authorities of a force or of a civilian component shall give due consideration to requests by the German authorities for the release of a particular unit of accommodation in cases where, taking into account the common defence mission, German interest in the use of such accommodation clearly predominates.
(c) Accommodation made available after the entry into force of the present Agreement to a force or a civilian component for a limited period of time shall be released on the expiry of such period of time provided such time limit was fixed in accordance with the information given by the authorities of the force or the civilian component at the time when their requirement for accommodation was notified; the period of use may be extended insofar as the owner or other entitled person agrees, or as requisitioning is permissible under German procurement legislation (deutsche Leistungsgesetzgebung).
(d) Accommodation made available after the entry into force of the present Agreement to a force or a civilian component, and in respect of which an expropriation authority has issued an anticipatory possession order (vorzeitige Besitzeinweisung) under the Land Procurement Law, shall be released in the event of such possession order being rescinded.
(e) Articles which have been requisitioned together with accommodation and which are still within such accommodation shall be released at the same time as the accommodation, unless the owner otherwise agrees.
1.
The programmes of construction projects necessary to cover the requirements of a force or of a civilian component shall be agreed upon between the German authorities competent for Federal building and the authorities of the force or of the civilian component.
2.
Construction works shall normally be carried out by the German authorities competent for Federal building in accordance with German legal provisions and administrative regulations in force, and in accordance with special administrative agreements.
3.
The authorities of a force or of a civilian component may, after consultation with the German authorities, carry out construction works with their own personnel, or may, applying their normal procedures, place contracts direct with contractors
(a) for minor construction projects, and,
(b) exceptionally, in other cases,
in accordance with special administrative agreements which may exist at the date of entry into force of the present Agreement or which are concluded or amended thereafter. In carrying out such works, the authorities of the force or of the civilian component shall respect German building regulations and take into consideration the principles applying in the Federal Republic regarding public construction, which are reflected in the regulations concerning competition, preferred tenderers and prices applicable to public contracts.
4.
Repairs and maintenance work necessary to meet the requirements or a force or of a civilian component shall be carried out either by the German authorities or, after consultation with those authorities, by the authorities of the force or of the civilian component. In the second alternative the provisions of paragraph 3 of this Article shall apply mutatis mutandis.
5.
The authorities of the force or of the civilian component and the German authorities shall agree concerning the form and extent of the consultation envisaged in paragraphs 3 and 4 of this Article.
6.
When the work referred to in paragraphs 2 and 4 of this Article is carried out on behalf of a force or a civilian component by the German authorities,
(a) the authorities of the force or of the civilian component may, where they consider it necessary, participate in the drafting of the plans or may furnish plans and specifications themselves;
(b) the method of tender and, in the case of limited tender, the number and indentity of the contractors to be invited, shall be agreed between the German authorities and the authorities of the force or of the civilian component;
(c) the contract shall be awarded only after the authorities of the force or of the civilian component have given their consent in writing;
(d) the authorities of the force or of the civilian component shall be permitted to participate in inspections of building work and shall have access to building plans and all relevant documents and accounts;
(e) the German authorities shall, unless it is otherwise agreed, confirm to contractors the satisfactory completion of major sections of the work only in agreement with the authorities of the force or of the civilian component; in particular, the German authorities shall obtain the written consent of the authorities of the force or of the civilian component before releasing the contractor from his contractual obligations;
(f) the sending State shall reimburse the Federal Republic in respect of
(i) any expenditure incumbent upon the Federal Republic under German law relating to public contracts, provided that expenditure arising from settlements out of court shall be reimbursed only if the force has consented to the settlement;
(ii) ex gratia payments made with the consent of the force;
(iii) expenditure, which cannot be charged to the contractor, arising from measures taken by the German authorities in cases of emergency in order to safeguard the interests of the force or of the civilian component;
(g) the necessary funds shall be made available by the authorities of the force and of the civilian component in time to permit payment to be made on due dates;
(h) the authorities of the force or of the civilian component shall be entitled, in a manner to be agreed, to audit documents relative to payments made by the competent German payment agencies;
(i) the sending States shall compensate the German authorities, in accordance with administrative agreements, for the special services performed by the latter in connection with the implementation of construction works (construction planning, supervision and inspection).
Article 50
Fixtures, fittings and furnishings which are owned by the Federation may be transferred within the Federal Republic from one unit of accommodation used by a force or a civilian component to another, subject to the following restrictions:
(a) Articles of this kind, including those procured from occupation costs, mandatory expenditures or support costs funds, which were included in the construction costs of accommodation used by a force or a civilian component, shall be removed from such accommodation only with the consent of the German authorities.
(b) The consent of the German authorities shall equally be obtained before fixtures, fittings and furnishings which have been affixed to, or specially made to measure for a specific unit of accommodation are removed. This shall not apply where such articles were procured from occupation costs, mandatory expenditures or support costs funds; however, the authorities of a force or of a civilian component shall, prior to the removal of such articles, give the German authorities timely notification of their intention so as to enable the latter, in appropriate cases, to propose an alternative solution.
1.
Movable property procured from occupation costs, mandatory expenditures or support costs funds shall, when the authorities of a force or of a civilian component establish that such property is no longer required by them, be handed over to the German authorities for disposal.
2.
Agreements in derogation of the provision in paragraph 1 of this Article may be reached concerning the sale or other forms of disposal of such movable property. Net receipts from such disposal shall accrue to the Federal Republic.
3.
Movable property of the kind referred to in paragraph 1 of this Article may be removed from the Federal territory only if necessary to the fulfilment of the defence mission of NATO. Except as otherwise provided in paragraph 4, removal shall be governed by the following provisions:
(a) The German authorities shall be given prior, in urgent cases subsequent, notification of the removal.
(b) Notification to the German authorities shall not be required in the case of
(i) removal of articles of minor purchase value;
(ii) temporary removal of articles incidental to manoeuvres or activities of a force requiring frequent and repeated crossings of the borders of the Federal Republic.
4.
Any removal of property of the kind referred to in paragraph 1 of this Article in connection with the transfer of units of a force for the purpose of reduction or complete withdrawal of the force shall be the subject of special agreements.
5.
Paragraphs 1 and 2 of this Article shall remain unaffected in cases involving removal from the Federal territory; they shall apply equally where movable property of the kind referred to in paragraph 1 is no longer necessary to the fulfilment of the defence mission of NATO.
6.
Fixtures, fittings and furnishings belonging to accommodation and procured from occupation costs, mandatory expenditures or support costs funds shall not be removed from the Federal territory.
7.
Details shall be the subject of administrative agreements.
1.
Where a sending State intends to release in whole or in part accommodation or other property legally owned by the Federation or a Land (rechtlich im Eigentum des Bundes oder eines Landes stehend) and made available to the force or to the civilian component for use, agreement shall be reached between the authorities of the force or of the civilian component and the German authorities concerning the residual value, if any, remaining at the time of release in improvements which were financed by the sending State out of its own funds. The sending State shall be reimbursed by the Federal Republic for such agreed residual value. The first and second sentences of this paragraph shall also apply to equipment and supplies procured by the sending State with its own funds and which by agreement are to remain on such accommodation.
2.
Payment under paragraph 1 of this Article shall not be made to the extent that compensation for damage caused to accommodation or other property by the sending State is payable under Article 41 of the present Agreement or would have been payable if the claim had not been waived or the sending State had not been relieved of liability for such claims under that Article.
3.
A sending State shall not be required to remove improvements, articles of equipment, or supplies from accommodation or other property legally owned by the Federal Republic or by a Land (rechtlich im Eigentum des Bundes oder eines Landes stehend). Where the accommodation or other property is legally owned by a Land, the Federal Republic shall relieve the sending State from the liability for any possible claim that may be due to the Land under German law by reason of such non-removal.
4.
A sending State shall not assert any claim in respect of the residual value of improvements to property of the kind referred to in paragraph 1 of this Article or in respect of improvements to property made available to the force or to the civilian component for use free of charge and owned by juristic persons in which the Federation or a Land financially participates, if the improvements have been financed out of funds made available to the sending State by the Federation or a Land. This shall not affect the setting off of the residual value of such improvements against compensation for damage caused during the period of use of such property by the force or the civilian component or during the removal of such improvements.
1.
Within accommodation made available for its exclusive use, a force or a civilian component may take all the measures necessary for the satisfactory fulfilment of its defence responsibilities. Within such accommodation, the force may apply its own regulations in the fields of public safety and order where such regulations prescribe standards equal to or higher than those prescribed in German law.
2.
The first sentence of paragraph 1 of this Article shall apply mutatis mutandis to measures taken in the air space above accommodation, provided that measures which might interfere with air traffic are taken only in co-ordination with the German authorities. The provisions of paragraph 7 of Article 57 of the present Agreement shall remain unaffected.
3.
In carrying out the measures referred to in paragraph 1 of this Article, the force or the civilian component shall ensure that the German authorities are enabled to take, within the accommodation, such measures as are necessary to safeguard German interests.
4.
The German authorities and the authorities of the force or of the civilian component shall co-operate to ensure the smooth implementation of the measures referred to in paragraphs 1, 2 and 3 of this Article. The details of such co-operation are set forth in paragraphs 5 to 7 of the Section of the Protocol of Signature referring to this Article.
5.
Where accommodation is used jointly by a force or a civilian component and the German Armed Forces or German civilian agencies, the regulations required for such use shall be laid down in administrative agreements or in special agreements in which appropriate consideration shall be given to the position of the Federal Republic as receiving State as well as to the defence responsibilities of the force.
6.
In order to enable a force or a civilian component satisfactorily to fulfil its defence responsibilities, the German authorities shall take appropriate measures, at the request of the force to
(a) establish restricted areas (Schutzbereiche);
(b) supervise or restrict construction, cultivation and movement in the vicinity of accommodation made available to the force for its use.
1.
The German regulations for the prevention and control of infectious diseases of humans, animals and plants as well as for the prevention and control of plant pests shall apply to a force and a civilian component insofar as the regulations of the force in these fields do not prescribe equal or higher standards. Within the accommodation made available for its use, a force may apply its own regulations, provided that neither public health (öffentliche Gesundheit) nor the cultivation of plants is endangered thereby.
2.
The authorities of a force and the German authorities shall promptly inform each other of the outbreak, or suspected outbreak, development and elimination of an infectious disease, as well as of the measures taken.
3.
If the authorities of a force deem it necessary to take health protection measures in the vicinity of accommodation made available for its use, they shall reach agreement with the German authorities regarding the execution of such measures.
4.
Where German law prohibits the importation of certain articles, these articles may, with the approval of the German authorities, and provided that neither public health nor the cultivation of plants is endangered thereby, be imported by the authorities of a force. The German authorities and the authorities of the force shall agree on categories of articles the import of which is approved by the German authorities under this provision.
5.
The authorities of a force may, with the approval of the German authorities, carry out the examination and control of articles imported by them. They shall ensure that neither public health nor the cultivation of plants is endangered as a result of the importation of such articles.
1.
(a) Defensive works required to execute NATO plans for common defence within the areas for the defence of which the authorities of a force are responsible shall be planned and executed by agreement between the authorities of the force and the Federal authorities.
(b) The work shall be carried out by the German authorities in liaison with the authorities of the force. However, where there is a special need for secrecy or security, the force shall have the right, after appropriate consultation and at sites agreed upon with the Federal authorities, to carry out such work with its own personnel or with non-German specialists.
2.
The Federal authorities and the authorities of a force shall cooperate to ensure that defensive measures necessary to meet defence requirements are prepared and carried out adequately and in good time.
1.
(a) German labour law, as applicable to civilian employees working with the German Armed Forces, with the exception of decrees regulating working conditions (Dienstordnungen) and tariff regulations, shall apply to employment of civilian labour with a force or a civilian component except as otherwise provided in the present Agreement.
(b) When seeking employment with an authority of a force or of a civilian component, the applicant shall be exclusively responsible, if so required, for furnishing proof that he has not been convicted of any offence. If the applicant cannot obtain a police certificate (Führungszeugnis), the German authorities shall, in accordance with the provisions of German law, provide him with an extract from the penal register if he presents a certificate from the force or the civilian component that he has applied for employment and if the issue of such extract does not endanger any essential German interests.
(c) Without prejudice to their claim to remuneration, civilian employees shall have no right to actual work.
(d) Transfers for duty reasons within the Federal Republic shall require the written consent of the civilian employee; such consent may be given at any time.
(e) A force shall have the right to assemble non-German civilian labour to form civilian service organizations.
(f) Employment of civilian labour with a force or a civilian component shall not be deemed employment with the German public service.
2.
If a German Labour Court decides that the contract of employment has not come to an end by notice to terminate, it shall fix ex officio the compensation payable in the event that the continuation of the employment is refused. This shall apply to proceedings, to obtain protection against dismissal (Kündigungsschutzverfahren) as well as to other actions for a declaratory judgement (Feststellungsklage), or for damages or specific performance (Leistungsklage) arising out of the contract of employment. The amount of compensation shall be determined according to the provisions of German labour law. The contract of employment shall be deemed to be terminated upon a refusal to continue the employment. The force or the civilian component shall inform the person concerned without delay, and, in any case, not later than two weeks after service of the decision of the Labour Court, whether it chooses to continue the employment or to pay the compensation. If no statement is made within this period of time, the force or the civilian component shall be deemed to have chosen to pay the compensation. The choice of continued employment of the person concerned shall not preclude the possibility of filing an appeal against the decision. This paragraph shall not apply to members of works councils (Betriebsvertretungen).
3.
The provisions of German law concerning social insurance, including accident insurance, unemployment insurance and children's allowance shall apply to labour working with a force or a civilian component. The Federal Republic shall be the accident insurance carrier.
4.
German civilian labour working with a force or a civilian component shall only be engaged in services of a non-combatant nature including civilian guard duties.
5.
The German authorities, in agreement with the authorities of a force or of a civilian component, shall
(a) establish the terms and conditions of employment, including wages, salaries and job groupings, which shall serve as the basis for individual employment contracts, and shall conclude tariff agreements;
(b) regulate payment procedure.
6.
The authorities of a force or of a civilian component shall, in respect of the employment of labour, have the right of engagement, classification in accordance with sentences 2 to 6 of sub-paragraph (a) and with sub-paragraph (b) of paragraph 7 of this Article, and of placement, training, transfer, dismissal and acceptance of resignations.
7.
(a) The authorities of a force or of a civilian component shall determine the number of jobs required and classify such jobs in accordance with the job groupings established under sub-paragraph (a) of paragraph 5 of this Article. The individuals to fill such jobs shall be provisionally classified by the authorities of the force or of the civilian component into the appropriate wage or salary groups. The latter classification shall be subject to the approval of the competent German authorities. Such approval shall be deemed to have been given, unless the German authorities raise an objection within two weeks of the date of receipt of notification of the provisional classification. If an objection has been raised, the aprropriate classification shall be determined by consultation between the authorities of the force or of the civilian component and the German authorities. The remuneration for the period covered by the provisional classification shall be paid according to the final classification; the worker shall be so informed at the time of the provisional classification.
(b) The authorities of the force shall carry out the classification of the members of the civilian service organizations. They shall inform the appropriate German authorities of such classification and shall give due consideration to any suggestions for amendment made by the latter.
8.
Disputes arising out of employment or social insurance shall be subject to German jurisdiction. Lawsuits against the employer shall be filed against the Federal Republic. Lawsuits on behalf of the employer shall be instituted by the Federal Republic.
9.
The provisions of German law concerning personnel representation as applicable to the civilian employees of the German Armed Forces shall apply to the employees' representation of civilian labour of a force or of a civilian component unless otherwise provided in the Section of the Protocol of Signature referring to this Article.
10.
Where the German authorities carry out administrative work in respect of the employment of labour by a force or a civilian component and of its remuneration, the costs of such administrative work shall be reimbursed by the force in the amount of a percentage of the total wages and salaries, including allowances and gratuities, administered by the German authorities. The percentage shall be based on actual costs and shall be the subject of separate agreements between the German authorities and the authorities of each sending State, in which the criteria for assessing such costs shall also be laid down.
1.
A force, a civilian component, their members and dependents shall have the right to cross the borders of the Federal Republic or to move within and over the Federal territory in vehicles, vessels and aircraft.
2.
The operating rights of the German railways shall remain unaffected. The registration and movement of freight cars and passenger cars of a force as well as the admittance of locomotives of the force shall be governed by registration contracts or administrative agreements to be concluded between the authorities of the force and the German railway authorities.
3.
Unless otherwise provided in the present Agreement, German traffic regulations shall apply to a force, a civilian component, their members and dependents.
4.
(a) Deviations from German regulations governing conduct in road traffic shall be permitted to a force only in cases of military exigency and then only with due regard to public safety and order.
(b) Agreements shall be concluded between the authorities of a force and the German authorities regarding the designation and use of a road network for military traffic by vehicles and trailers the dimensions, axle loads, total weight or number of which exceed limitations under German traffic regulations. The operation of such vehicles and trailers on roads not within the agreed network shall be permitted only in case of accidents, catastrophes, state of emergency or by agreement between those authorities.
5.
Subject to due regard being paid to public safety and order, German regulations shall not apply to the construction, design and equipment of vehicles, trailers, inland water vessels or aircraft of a force and of a civilian component, if such vehicles, trailers, inland water vessels or aircraft conform to the regulations of the sending State.
6.
A force and a civilian component shall be allowed to use civilian airfields and other landing areas not made available for their exclusive use for landing military aircraft only in cases of emergency or in accordance with administrative agreements or other arrangements concluded with the competent German authorities.
7.
The German military authorities shall represent the military aviation interests of the forces within the German Commission for the Co-ordination of Civil and Military Aviation when established pursuant to the Recommendations of the International Civil Aviation Organization and of the Committee for European Air Space Coordination of the North Atlantic Treaty Organization, and shall be responsible for the presentation in this Commission of a co-ordinated military viewpoint. Representatives of the forces shall, where appropriate, be given adequate opportunity to present their views before the Commission.
8.
All air traffic control and related communications systems developed and operated by the German authorities and by the authorities of the forces shall be co-ordinated to the extent necessary to ensure air traffic safety and the common defence.
1.
A force, a civilian component, their members and dependents shall be entitled to use publicly and privately owned German transport facilities and services which serve the needs of public transport in the Federal Republic. Unless otherwise agreed, the exercise of this right shall be subject to the generally applicable transportation regulations.
2.
(a) Tariffs applicable to a force and a civilian component for the use of the transport facilities and services referred to in paragraph 1 of this Article shall be not less favourable than those applicable to the German Armed Forces. Such tariffs shall be fixed or approved by the competent German authorities in accordance with German transportation legislation. The authorities of the force shall have the right to participate in negotiations with the carriers concerning military tariffs. When, in respect of transportation services for a force and its civilian component, special conditions arise for which the military tariffs do not provide, the German authorities shall, after negotiations between the authorities of the force and the carriers, make suitable additions to the military tariffs within the scope of their legal powers.
(b) Military tariffs shall be computed on the basis of a simplified scheme, which shall take into account the special character of military traffic and facilitate their application by a force or a civilian component.
(c) The overall effect of the application of military tariff rates shall result in no less favourable treatment for a force or a civilian component than would have resulted from the application of public tariff rates including relevant special tariffs.
3.
The Federal Republic shall give sympathetic consideration to requests by a force for construction of additional facilities or for modification of existing facilities, where the transportation requirements of the force cannot otherwise be met.
4.
The German authorities shall, where necessary, take appropriate steps within their competence to ensure that requirements of a force with respect to tank cars, sleeping and dining cars will be satisfied on reasonable terms by contractual arrangements between the authorities of the force and the enterprises which provide such services on a commercial basis to other users.
1.
(a) A force may establish and operate post offices for the postal and telegrafic services of the force, the civilian component, their members and dependents.
(b) In particular, the forces post offices may
(i) receive from outside the Federal territory,
(ii) dispatch to destinations outside the Federal territory and to other forces post offices within the Federal territory,
(iii) carry within the Federal territory open or closed mails of the force, the civilian component, their members and dependents.
(c) Postal remittance facilities shall be restricted to traffic between forces post offices and between such offices and other post offices of the sending State concerned.
2.
The forces post offices may dispatch to the German Federal Post or receive from the German Federal Post open or closed mails of the force, the civilian component, their members and dependents. International agreements applicable between the Federal Republic and the sending State concerned shall apply to postal transactions between the forces post offices and the German Federal Post unless special agreements are concluded between the German authorities and the authorities of the force with regard to postal charges or particular services. Exchange offices shall be established by mutual agreement.
3.
Mail posted at forces post offices may bear stamps of the sending State concerned.
4.
Where a unit of a force does not operate forces post offices, such unit, its civilian component, their members and dependents may use the postal services of another force. Where such use is to be permanent or of long duration, the German Federal Post shall be informed as soon as possible.
1.
Insofar as this Article does not provide otherwise, a force, a civilian component, their members and dependents, shall use the public telecommunications systems of the Federal Republic. Subject to other arrangements provided for by administrative agreement, such use shall be governed by the German regulations in force at the time. In the application of such regulations, the treatment accorded to a force shall be no less favourable than that accorded to the German Armed Forces.
2.
To the extent required for military purposes a force may set up, operate, and maintain:
(a) wire telecommunication facilities within accommodation used by it;
(b) radio stations for fixed services, subject to prior consultation with the German authorities;
(c) facilities for mobile radio services and radio location services;
(d) other radio receiving facilities;
(e) temporary telecommunication facilities of any kind for training exercises, manoeuvres, and in cases of emergency.
3.
(a) With the consent of the German authorities a force may set up, operate, and maintain wire telecommunication facilities outside accommodation used by it if
(i) compelling reasons of military security exist, or
(ii) the German authorities are either not in a position to provide, or forgo the provision of, the facilities required.
(b) Expeditious procedures for obtaining the consent of the German authorities shall be ensured by administrative agreement.
4.
(a) A force may continue to operate and maintain telecommunication facilities taken into use under then existing regulations prior to the entry into force of the present Agreement.
(b) Telecommunication facilities, the installation of which under then existing regulations was begun but not completed prior to the entry into force of the present Agreement, may be taken into use within a period of six months after that date, provided that they are included in a list which shall be submitted to the Federal Government upon the entry into force of the present Agreement.
5.
(a) A force shall have the right to operate its own sound and television broadcasting stations for the force, the civilian component, their members and dependents, provided that such stations do not adversely affect German broadcasting services in an unreasonable manner. Subject to this condition, existing broadcasting stations of this type may continue in operation. Additional stations may be established and operated only with the agreement of the German authorities.
(b) A force, a civilian component, their members and dependents, may set up and operate sound and television broadcast receiving apparatus free of charge and without individual licenses.
6.
Radio frequencies together with their specific data shall be governed by the provisions of paragraph 5 of the Section of the Protocol of Signature referring to this Article.
7.
Telecommunication facilities established by a force may be interconnected with the public network of the Federal Republic if they are technically and operationally compatible with such network. The points of interconnection shall be determined by mutual agreement.
8.
(a) In establishing and operating telecommunication facilities, a force shall observe the provisions of the International Telecommunications Convention, Buenos Aires, of 1952, or of such other instrument as may replace it, and of any other international instruments in the field of telecommunications binding on the Federal Republic.
(b) A force shall be exempt from the provisions referred to in sub-paragraph (a) of this paragraph to the extent that such exemption is granted to the German Armed Forces under German domestic regulations.
(c) In concluding future international agreements in the field of telecommunications, the German authorities shall, after consultation with a force, give adequate consideration to the telecommunication requirements of the force.
9.
(a) A force shall take all measures which can reasonably be expected of it to avoid or eliminate interference caused to German telecommunication services by the telecommunication or other electrical facilities of the force.
(b) The German authorities shall within the scope of German regulations take all measures which can reasonably be expected of them to avoid or eliminate interference caused to the telecommunication services of a force by German telecommunication or other electrical facilities.
10.
Complete control of the cables identified as FK 12 and FK 41 lying within the Federal territory, including the associated equipment, shall be exercised by the authorities of the sending State concerned.
1.
Subject to the effects of the tax and customs exemptions provided in the NATO Status of Forces Agreement, in the present Agreement or in any other applicable agreement, the prices of deliveries and services to a force or a civilian component shall correspond to the current price levels in the Federal territory; they may not exceed the prices admissible in the case of deliveries and services to German authorities. Where goods are subsidized in the interest of the individual German consumer, such subsidies cannot be claimed by a force or a civilian component unless these goods are intended for the use of, or consumption by, persons falling under the category of labour within the meaning of Article 56 of the present Agreement.
2.
The provisions of the present Agreement concerning wages, transportation and telecommunication tariffs shall not be affected by the provisions of paragraph 1 of this Article.
1.
Where requisitioning procedures (Anforderungsverfahren) are carried out on behalf of a force or a civilian component under German procurement legislation, the following provisions shall apply:
(a) The proceeding shall be instituted by the German authorities to be determined in consultation with the authorities of the force or of the civilian component.
(b) In accordance with administrative agreements, the competent German authorities shall undertake the exercise of the rights and the fulfilment of the obligations arising out of the position of the force or the civilian component as recipients of goods, services and facilities (Leistungsempfänger). However, the force or the civilian component shall itself fulfil such obligations as by their nature cannot be fulfilled by the German authorities. The German authorities representing the interests of the force or of the civilian component in matters concerning the amount of compensation payable shall consent to proposals in that regard made by the person liable to supply goods, services and facilities (Leistungspflichtiger) or by the assessment authority only after consultation with the authorities of the force or of the civilian component; similarly, they shall themselves make proposals regarding the amount of compensation payable only after such consultation. The provisions of Article 63 of the present Agreement shall remain unaffected.
(c) Lawsuits on behalf of, or against, the force or the civilian component arising out of their position as recipients of goods, services and facilities shall be instituted or defended by the Federal Republic in its own name.
2.
The provisions of paragraph 1 of this Article shall not apply in respect of the Restricted Areas Law and the Land Procurement Law.
1.
If and to the extent that it is provided in paragraphs 2 to 7 of this Article, no payment shall be made for property or services used by a force for its own purposes or for the purposes of a civilian component or rendered to it for such purposes.
2.
Public roads, highways, and bridges may be used free of charge by a force or by a civilian component.
3.
A force or a civilian component shall enjoy free of charge administrative services and assistance, including the services of the German police, public health, and fire protection, as well as meteorological, topographical, and cartographical services to at least the same extent as the German Armed Forces. The same shall apply to the use of navigable waters.
4.
(a) Except to the extent that other arrangements have been or will be made, property legally owned by the Federation (rechtlich im Eigentum des Bundes stehend) or which has been or will be procured or constructed from funds of the Occupation Costs and Mandatory Expenditures or Support Costs budgets, may be used free of charge by a force or a civilian component. This shall not apply to the use of property owned or administered by the German Federal Railways or Federal Post.
(b) Except to the extent that other arrangements have been or will be made, the Federal Republic shall ensure that a sending State to which property legally owned by a Land (rechtlich im Eigentum eines Landes stehend) has been or will be made available for use is relieved from the liability for any possible claim to compensation that may be due to the Land under German law.
(c) Except to the extent that other arrangements have been or will be made, rental for the use of property not falling under the first sentence of sub-paragraph (a) or under sub-paragraph (b) of this paragraph and which has been or will be reconstructed with funds made available by the Federal Republic or with a sending State's own funds shall be reduced in the proportion which the cost of reconstruction bears to the total value of the property.
(d) Exemption from payment for the use of property as set forth in sub-paragraphs (a) to (c) of this paragraph shall not, however, extend to
(i) cost of repairs and maintenance;
(ii) current public charges on property to the extent that the Federation is obliged under German law to pay or reimburse such charges;
(iii) other operating costs.
5.
(a) The following items of the expenditure arising in consequence of goods and services demanded or rights restricted, transferred or withdrawn under German laws at the instance of a force or of a civilian component, shall not be borne by the sending State:
(i) compensation payable under the Land Procurement Law with the exception of
(aa) compensation for anticipatory possession (Besitzeinweisungsentschädigung) except in the case of Land Procurement actions (Landbeschaffungsvorhaben) initiated after the entry into force of the present Agreement;
(bb) compensation payments for the use of accommodation made available to the force or the civilian component and not legally owned by the Federation or by a Land (nicht rechtlich im Eigentum des Bundes oder eines Landes), except in the case of accommodation made available to the force or the civilian component after the entry into force of the present Agreement for the purpose of the erection of permanent structures;
(ii) compensation for restricted areas (Schutzbereichentschadigung) payable under German law to the Lander, insofar as prejudice caused to property (Vermögensnachteile) by the establishment of the restricted area arises only from the restriction of economic use or other exploitation of the property.
(b) Where in consequence of the procurement of land for a force or a civilian component other costs arise for the Federation, negotiations on a case to case basis shall take place between the German authorities and the authorities of the force, taking into account all relevant factors, and without prejudice to the provisions of sub-paragraph (c) of paragraph 6 of this Article, to determine whether, and if so to what extent, the sending State for whose benefit the land is to be procured shall bear such costs, and agreements shall be concluded thereon.
(c) Where in cases in which restricted areas have been provided at the instance of a force the compensation therefor is not payable in the form of recurrent payments, the German authorities and the authorities of the force may enter into negotiations in appropriate cases, and on a case to case basis, concerning apportionment of the compensation, taking into account all relevant factors, including the period of use by the force of the accommodation for which the restricted area exists.
6.
(a) Of the expenditure arising out of any kind of construction works of a force or a civilian component, or in connection with such works, the sending State shall not be liable for expenditure incurred in evacuating land (Räumung).
(b) If installations and facilities serving transportation and telecommunications, electricity, gas and water supply, or sewage disposal, which are established, modified, reinforced, or extended at the instance of the authorities of a force or of a civilian component serve also to satisfy German needs, the expenditure, including the cost of repair and maintenance, on such installations and facilities shall be apportioned in a manner which corresponds to the extent of the German interest as compared with the interest of the sending State. The amounts shall in each individual case be agreed between the German authorities and the authorities of the force. This arrangement shall also apply to the costs of repair and maintenance of installations and facilities of the kind mentioned which the German side plans to close down or dismantle, but which are to be retained at the request of a force or a civilian component.
(c) If in consequence of land procurement for a force or a civilian component, or as a result of construction works carried out by or for the benefit of a force or of a civilian component, installations and facilities serving transportation and telecommunications, electricity, gas and water supply, or sewage disposal, require re-routing or replacing either because they are no longer available for public use or it can be shown that it is no longer practicable so to use them, the sending State shall bear expenditure which arises only to the extent that the hitherto prevailing standard is not exceeded.
7.
(a) If military or other aircraft used by a force are permanently accommodated on civil airfields, including civil airports, not made available for the exclusive use of the force, payment which varies from the fees valid under German regulations may be agreed upon for the jointly used installations and facilities. Such payment may by arrangement be in services or in kind.
(b) Emergency landings made by military or other aircraft used by a force shall be exempt from fees.
Article 64
Administrative services and assistance, including the services of the German police, public health, and fire protection services, meteorological, topographical, and cartographical services, and other public services as well as public facilities, shall be made available without charge to the members of a force or of a civilian component or to dependents, in their own right, to the same extent as such facilities and services are available without charge to other persons in the Federal territory. The same shall apply to the use of public roads, highways, and bridges, and of navigable waters.
1.
(a) The relief from customs duties referred to in paragraph 4 of Article XI of the NATO Status of Forces Agreement shall be granted not only in respect of goods which at the time of their importation are the property of a force or a civilian component, but also in respect of goods delivered to a force or a civilian component in fulfilment of contracts concluded by the force or the civilian component directly with a person or persons not domiciled in the Federal Republic or Berlin (West). Such relief shall apply irrespective of whether such goods are carried in transport of the force or the civilian component or by commercial transport.
(b) Customs duties and excise taxes, including the Turnover Equalization Tax (Umsatzausgleichsteuer), shall not be levied in respect of imported goods which are withdrawn from customs-free areas or from continuous customs control for delivery to a force or a civilian component under contracts which an official procurement agency of the force or of the civilian component has concluded with a person or persons domiciled in the Federal Republic or in Berlin (West), provided that payment therefor is made in the currency of the sending State. This proviso shall also be deemed, to have been fulfilled if payment is made in Deutsche Mark, which the force or the civilian component has obtained by the conversion of such currency in the Federal Republic through agreed agencies, or in Deutsche Mark which, by special agreement between the governments concerned, may be so used for this purpose.
2.
The relief referred to in paragraph 1 of this Article shall apply equally to goods imported or acquired by a force or a civilian component for disposal to their members or to dependents for their private use or consumption. Except where in specific cases it is otherwise agreed between the authorities of the force and the German authorities, disposal should be made only through specified services of the force or the civilian component or through organizations serving them, the names of which shall be notified to the Federal Government.
3.
A force or a civilian component shall be permitted to dispose of goods in the Federal territory to persons other than members of the force or of the civilian component or dependents in accordance with agreements to be concluded with the German authorities. The fulfilment of the obligations under German customs legislation arising from the disposal of the goods shall be the reponsibility of the person acquiring such goods. The force or the civilian component shall permit removal of the goods only on production by the person concerned of a certificate from the German customs authority concerned to the effect that he has settled all relevant matters with the German customs administration.
4.
A force and the competent German authorities shall take all appropriate measures to ensure the smooth and rapid clearing to imports and exports of the force and the civilian component by the German customs authorities.
5.
Customs control by the German authorities in respect of imports and exports of a force or a civilian component shall be exercised in accordance with the following principles:
(a) Subject to the provisions of paragraph 3 of Article XI of the NATO Status of Forces Agreement and subject to the provisions of sub-paragraphs (b), (c) and (d) of this paragraph, consignments of a force or of a civilian component may be examined by the German customs authorities as to the number, type, marking and weight of the individual packages.
(b)
(i) The German customs authorities may also examine the contents of consignments. Such examination, so far as packages which are sealed with an official seal of a force or of the military authorities of a sending State are concerned, shall take place only in cases of serious suspicion. So far as other consignments are concerned, examination may also take place on a spot-check basis. The goods compartments of vehicles which are sealed as described in the second sentence of this item, and closed packages, shall be examined only in the presence of representatives of the force or of the civilian component designated for that purpose, unless in any particular case the force or the civilian component does not elect to be represented.
(ii) The extent of the examinations and the methods by which they shall be carried out shall be the subject of special agreements to be concluded between the authorities of a force and the German customs authorities. Such agreements shall take into account the different kinds of consignment, the mode of transport, the system operated by the force, and all other relevant factors. A force or a civilian component may request that the examination take place not at the frontier but at or near the place of destination of the consignments. In such cases the German customs authorities shall be entitled to take such steps as are necessary to ensure that the consignment reaches the place of examination intact.
(c) If the German customs authorities so request, consignments, which, according to the certified statements of the authorities of a force, contain military equipment to which special security regulations apply, shall be subject to examination to be carried out only by representatives of the force specially designated for that purpose. The result of the examination shall be notified to the competent German authority.
(d) The provisions of sub-paragraphs (a), (b) and (c) of this paragraph shall apply in principle also to consignments of a force which arrive at or are sent from military airfields. The German customs authorities shall, however, content themselves with occasional checks which shall be undertaken after arrangements have been made with the authorities of the force responsible for the airfield in question. The authorities of the force shall carry out a regular control of all such consignments. Customs control in the interior of aircraft which are military equipment to which special security regulations apply, shall be carried out only specially designated representatives of the force.
6.
Export of goods acquired in the Federal territory by a force or a civilian component shall be subject to the deposit at the customs office of a certificate similar to that referred to in paragraph 4 of Article XI of the NATO Status of Forces Agreement, except insofar as within the scope of paragraph 10 of that Article such certificate will be dispensed with.
1.
The members of a force or of a civilian component and dependents may, in addition to their personal effects and furniture and their private motor vehicles, import other goods intended for their personal or domestic use or consumption free of duty or any other import tax. This privilege shall apply not only to goods which are the property of such persons but also to goods sent to them by way of gift or delivered to them in fulfilment of contracts directly concluded with a person or persons not domiciled in the Federal Republic or Berlin (West).
2.
In the case of certain goods designated by the competent German authorities which are peculiarly the subject of customs contraventions, the privilege set forth in paragraph 1 of this Article shall apply only if such goods are imported personally by members of a force, of a civilian component or dependents in their accompanying baggage and in quantities fixed by the competent German authorities in agreement with the authorities of the force.
3.
In doubtful cases the German customs officials shall be entitled to require a document to be produced certifying that the imported goods are intended for the personal or domestic use or consumption of the person importing them; this, however, shall not apply to goods the importation of which is limited in accordance with paragraph 2 of this Article. Such certificates shall be issued only by a limited number of officials, who have been specially designated for this purpose by the authorities of the force and whose names and specimen signatures have been notified to the German authorities.
4.
Disposal of goods imported dutyfree or acquired under taxrelief shall be permitted among members of the forces, of the civilian components and dependents. Unless exceptions have been generally authorized by the German authorities, disposal to other persons shall be permitted only after notification to, and approval of, the German authorities.
5.
(a) The customs control of goods sent through the postal or freight services of a force, by or to the members of the force, of the civilian component or dependents, shall be exercised by the German customs authorities at places designated by agreement between those authorities and the competent authorities of the force. The customs inspection shall take place in the presence of representatives of the authorities of the force.
(b) If, for the purpose of applying the provisions concerning exchange control contained in Article 69 of the present Agreement, it becomes necessary to carry out in post offices of a force inspection of letters and postal packets sent by or to members of the force, of the civilian component or dependents, the sender or the receiver or an authorized representative of either must be present when such letters and packets are opened. The extent of these inspections and the manner in which they shall be carried out shall be agreed between the authorities of the force and the German authorities.
6.
The members of a force or of a civilian component or dependents may re-export free of exit dues (Ausgangsabgaben) goods brought by them into the Federal Republic. They may also, without being subject to economic export prohibitions or limitations and exit dues, export, in quantities consistent with their economic standing, goods which they own and which are not intended for trade. In doubtful cases the German customs authorities shall be entitled to require a document to be produced certifying that these conditions are fulfilled. This document shall be issued in accordance with the provisions of the last sentence of paragraph 3 of this Article.
7.
When a customs control of members of a force, of a civilian component or dependents takes place at a customs office at which frontier liaison officials of a force are stationed, the German customs officials shall call in such officials if contraventions are discovered or if difficulties arise in connection with the inspections.
1.
A force shall not be subject to taxation in respect of matters falling exclusively within the scope of its official activities nor in respect of property devoted to such activities. This shall, however, not apply in respect of taxes which may arise from commercial trading by the force in the German economy or in respect of property devoted to this purpose. Deliveries made and services rendered by the force to its members, members of the civilian component and dependents shall not be regarded as commercial trading in the German economy.
2.
Exemption from customs duties and other import and export duties on goods imported or exported by a force or a civilian component, or acquired by them from customs-free areas or from installations under customs control, shall be determined in accordance with Article XI of the NATO Status of Forces Agreement and with Article 65 of the present Agreement.
3.
(a)
(i) The tax relief provided under items (ii) to (iv) of this sub-paragraph shall be granted when goods or services are procured by an official procurement agency of a force or a civilian component for the use of, or consumption by, the force, the civilian component, their members, or dependents, provided that payment is made in the currency of the sending State. This proviso shall also be deemed to have been fulfilled if payment is made in Deutsche Mark which the force or its authorized agent has obtained by the conversion of such currency in the Federal Republic, or in Deutsche Mark whose use is admissible within the scope of the provisions of this paragraph in accordance with any special agreement reached between the German authorities and the authorities of the sending State. Tax exemptions and refunds shall be taken into account in calculating prices.
(ii) Deliveries and services to a force or a civilian component shall be exempt from the turnover tax. On request, suppliers shall be granted such refunds as are provided in the German Turnover Tax Law in the event of export. Deliveries to a force or a civilian component shall be deemed to be wholesale deliveries.
(iii) Transportation services rendered to a force or a civilian component by the German Federal Railways or by commercial transportation enterprises shall be exempt from transportation tax. Exemption from transportation tax shall not be granted for transportation services rendered for or by a supplier or person who renders services in connection with deliveries or services to a force or a civilian component whether carried by factory-owned longdistance transport (Werkfernverkehr), by the German Federal Railways or by other commercial carriers.
(iv) Goods delivered to a force or a civilian component from the free inland trade (zollrechtlich freier Verkehr) shall be granted the exemptions, refunds or price discounts provided by customs, excise, and fiscal monopoly legislation in the event of export.
(b) Sub-paragraph (a) of this paragraph shall apply equally when the German authorities carry out procurement or construction works for a force or a civilian component,
(c) The relief referred to in sub-paragraphs (a) and (b) of this paragraph shall be granted subject to furnishing proof to the appropriate German authorities that the requirements for such grant are fulfilled. The form of furnishing proof shall be established by agreement between the German authorities and the authorities of the sending State concerned.
4.
The special arrangements provided in paragraph 11 of Article XI of the NATO Status of Forces Agreement for fuel, oil and lubricants shall be made in conformity with sub-paragraph (b) of paragraph 1 of Article 65 of the present Agreement and with paragraph 3 of this Article.
1.
Members of a force or of a civilian component and dependents shall not be deprived of any tax benefits which they enjoy by virtue of any international agreement with the Federal Republic.
2.
The insurance tax (Versicherungsteuer) is to be paid in those cases where the insurance premium is paid to an inland insurer or an authorized inland representative of a foreign insurer, but not where the premium is paid directly to a foreign insurer. With respect to insurance for private motor vehicles of members of a force or of a civilian component or of dependents, payment of the insurance tax is also not required where in individual cases the insurance premium, which is payable directly to the foreign insurer, is exceptionally paid to the authorized inland representative of such foreign insurer.
3.
The fact that no residence is established in the Federal territory in accordance with paragraph 1 of Article X of the NATO Status of Forces Agreement shall not mean that members of a force or of a civilian component and dependents are to be regarded as foreign purchasers within the meaning of the turnover tax legislation.
4.
Dependents shall be treated for the purposes of Article X of the NATO Status of Forces Agreement in the same manner as members of a force or of a civilian component.
1.
The rights of the authorities of a force or of a civilian component, of the members of a force or of a civilian component, or of dependents to import, export and possess the currency of the Federal Republic and instruments denominated in such currency in accordance with the regulations referred to in Article XIV of the NATO Status of Forces Agreement shall remain unaffected by the provisions of paragraphs 2, 3 and 4 of this Article.
2.
The authorities of a force or of a civilian component shall have the right to import, export and possess currency, other than that of the Federal Republic, instruments denominated in any such currency and military scrip denominated in the currency of any sending State.
3.
The authorities of a force or of a civilian component may distribute to the members of the force and of the civilian component and to dependents
(a) currency of, and instruments denominated in the currency of,
(i) the Federal Republic,
(ii) the sending State,
(iii) any other State, to the extent required for the purpose of authorized travel, including travel on leave;
(b) military scrip denominated in the currency of any sending State;
provided, however, that a system of payment to members of the force or of the civilian component or to dependents, in the currency of the sending State, shall be adopted by the authorities of the force only in co-operation with the authorities of the Federal Republic.
4.
Subject only to the regulations which shall be made by the authorities of a force and notified to the authorities of the Federal Republic, a member of the force or of the civilian component and a dependent may
(a) import currency of the sending State, instruments denominated in such currency, and military scrip denominated in the currency of any sending State;
(b) export
(i) any currency other than that of the Federal Republic, and instruments denominated in any such currency, provided that such member or dependent has either imported such currency or instruments or received such currency or instruments from the authorities of the force or their authorized agents;
(ii) cheques drawn by such member or dependent on a financial institution or agency in the sending State;
(iii) military scrip denominated in the currency of any sending State.
5.
The authorities of a force shall, in co-operation with the authorities of the Federal Republic, take appropriate measures in order to prevent any abuse of the rights given under paragraphs 2, 3 and 4 of this Article and to safeguard the system of foreign exchange regulations of the Federal Republic insofar as such system, subject to the provisions of paragraphs 2, 3 and 4 of this Article, relates to a force, a civilian component, their members and dependents.
Article 70
In accordance with special agreements to be concluded, a force and a civilian component shall be granted interest on Deutsche Mark funds acquired with the currency of the sending State and held on daily call in accounts with the German Federal Bank (Deutsche Bundesbank).
1.
The non-German non-commercial organizations listed in paragraph 2 of the Section in the Protocol of Signature referring to this Article shall be considered to be, and treated as, integral parts of the force.
2.
(a) The non-German non-commercial organizations listed in paragraph 3 of the Section in the Protocol of Signature referring to this Article shall enjoy the benefits and exemptions accorded to the force by the NATO Status of Forces Agreement and the present Agreement to the extent necessary for the fulfilment of the purposes described in paragraph 3 of that Section. However, benefits and exemptions in respect of imports for, deliveries to, or services for these organizations shall be granted only if such imports, deliveries or services are effected through the authorities of the force or of the civilian component or through official procurement agencies designated by these authorities.
(b) The organizations referred to in sub-paragraph (a) of this paragraph shall not have the powers enjoyed by the authorities of a force or of a civilian component under the NATO Status of Forces Agreement and the present Agreement.
3.
In respect of their activities as non-commercial organizations, the organizations listed in paragraphs 2 and 3 of the Section in the Protocol of Signature referring to this Article shall be exempt from the German regulations, if otherwise applicable, governing the conduct of trade and business activities (Handel und Gewerbe). Such of these regulations as relate to safety measures shall, subject to Article 53 of the present Agreement, nevertheless apply.
4.
Other non-German non-commercial organizations may, in specific cases, be accorded, by means of administrative agreements, the same treatment as the organizations listed in paragraph 2 or 3 of the Section in the Protocol of Signature referring to this Article, if they
(a) are necessary to meet the military requirements of a force and
(b) operate under the general direction and supervision of the force.
5.
(a) Subject to the provisions of paragraph 6 of this Article, employees exclusively serving organizations listed in paragraph 2 or 3 of the Section in the Protocol of Signature referring to this Article shall be considered to be, and treated as, members of a civilian component. They shall be exempt from taxation in the Federal territory on the salaries and emoluments paid to them by the organizations if such salaries and emoluments are either
(i) liable to assessment for taxation in the sending State or
(ii) computed on the assumption that no liability to pay tax will arise.
(b) Sub-paragraph (a) of this paragraph shall also apply to employees of organizations which, in accordance with paragraph 4 of this Article, are accorded the same treatment as the organizations listed in paragraph 2 or 3 of the Section in the Protocol of Signature referring to this Article.
6.
The provisions of paragraph 5 of this Article shall not apply to
(a) stateless persons;
(b) nationals of any State which is not a Party to the North Atlantic Treaty;
(c) Germans;
(d) persons ordinarily resident in the Federal territory.
1.
The non-German commercial enterprises listed in paragraph 1 of the Section in the Protocol of Signature referring to this Article shall enjoy
(a) the exemptions accorded to a force by the NATO Status of Forces Agreement and the present Agreement from customs, taxes, import and re-export restrictions and foreign exchange control to the extent necessary for the fulfilment of their purposes;
(b) exemptions from German regulations governing the conduct of trade and business activities (Handel und Gewerbe);
(c) such benefits as may be determined by administrative agreement.
2.
Paragraph 1 of this Article shall apply only if
(a) the enterprise exclusively serves the force, the civilian component, their members or dependents; and
(b) the activities of the enterprise are restricted to business transactions which cannot be undertaken by German enterprises without prejudice to the military requirements of the force.
3.
Where the activities of an enterprise include business not conforming to the conditions set forth in paragraph 2 of this Article, the granting of exemptions and benefits provided in paragraph 1 shall be conditional upon a clear legal or administrative separation between those activities which are performed exclusively for the force and those which are not.
4.
By agreement with the German authorities and on the conditions set forth in paragraphs 2 and 3 of this Article, other non-German commercial enterprises may be granted all or part of the exemptions and benefits referred to in paragraph 1.
5.
(a) Employees of enterprises enjoying exemptions and benefits pursuant to this Article shall, if they exclusively serve such enterprise, be granted the same exemptions and benefits as those granted to members of a civilian component unless such exemptions and benefits are restricted by the sending State.
(b) Sub-paragraph (a) of this paragraph shall not apply to
(i) stateless persons;
(ii) nationals of any State which is not a Party to the North Atlantic Treaty;
(iii) Germans;
(iv) persons ordinarily resident in the Federal territory.
6.
If the authorities of a force withdraw all or part of the exemptions and benefits accorded to these enterprises or to their employees pursuant to this Article, they shall so notify the German authorities.
Article 73
Technical experts whose services are required by a force and who in the Federal territory exclusively serve that force either in an advisory capacity in technical matters or for the setting up, operation or maintenance of equipment shall be considered to be, and treated as, members of the civilian component. This provision, however, shall not apply to
(a) stateless persons;
(b) nationals of any State which is not a Party to the North Atlantic Treaty;
(c) Germans;
(d) persons ordinarily resident in the Federal territory.
1.
Articles XII and XIII of the NATO Status of Forces Agreement shall apply equally to the provisions relating to the fields of customs and taxes contained in the present Agreement.
2.
The authorities of a force and of a civilian component shall take all appropriate measures to prevent abuses which might result from the granting of benefits and exemptions in the fields of customs and taxes. They shall co-operate closely with the German authorities in the prevention of customs and tax offences.
3.
The detailed application of the provisions of paragraphs 1 and 2 of this Article, including the conditions to be observed pursuant to paragraph 1 of article XII of the NATO Status of Forces Agreement, shall be regulated by administrative agreements with the German authorities. Such administrative agreements shall in particular take into account the following points:
(a) The authorities of a force and of a civilian component shall, in agreement with the German authorities, ensure that certain goods are placed at the disposal of members of the force, of the civilian component or dependents only in reasonable quantities.
(b) Co-operation between the authorities of a force or of a civilian component and the German authorities shall include the exchange of relevant information concerning the selling agencies of the force and the organizations and enterprises serving the force, and shall also include, to the extent necessary, appropriate inspections therein.
4.
Except to the extent precluded by military necessity, the authorities of a force or of a civilian component shall, at the request of the German authorities, provide the latter with such information as they may be reasonably expected to furnish and which is hecessary to determine the tax liability of persons or enterprises which are subject to taxation in the Federal territory. The German authorities shall request such information of the authorities of a force or of a civilian component only if the data necessary for assessment cannot be obtained otherwise, for instance, from official certificates (Abwicklungsscheine) concerning the procurement of goods and services subject to tax relief if such certificates have been furnished to the German financial authorities, or from information which can be supplied to those authorities by other German authorities. The German authorities shall take measures to prevent the disclosure of the information to unauthorized third parties.
1.
(a) Except in a case where the accused is a German, neither Article 19 of the present Agreement nor paragraphs 1, 2 and 3 of Article VII of the NATO Status of Forces Agreement shall apply to an offence alleged to have been committed by a member of the forces prior to the entry into force of the present Agreement where before that date
(i) proceedings in respect of such offence have been initiated or terminated by an authority of a force exercising judicial powers, or
(ii) the prosecution of the offence became barred, under the law of the sending State concerned, by the expiry of a prescribed period of time.
(b) Where proceedings are pending at the date of entry into force of the present Agreement, the provisions of the Forces Convention concerning the exercise of jurisdiction over offences committed by such members shall continue to have effect for those proceedings, as if that Convention were still in force, until the conclusion of the proceedings, provided notification of the cases so pending shall be made to the German authorities within a period of ten days after that date.
2.
In imposing a penalty in respect of an offence committed prior to the entry into force of the present Agreement, the German court or authority shall give due consideration to the penalty prescribed by the law of the sending State to which the accused was subject at the time of the commission of the offence, if it appears that such penalty is lighter than that prescribed by German law.
Article 76
Defensive works, the execution of which has been agreed with the Federal Republic prior to the entry into force of the present Agreement or on which work has commenced prior to that date, shall be completed as planned.
Article 77
The Standing Commission provided for in paragraph 8 of Article 17 of the Forces Convention shall, in the interests of common defence and air safety, for the time being continue its functions in the field of co-ordination of civil and military aviation. When the German Commission referred to in paragraph 7 of Article 57 of the present Agreement, together with any additional organization required to ensure effective co-ordination between civil aviation and all military air forces in the Federal Republic, has been set up by the German authorities and is in a position to satisfy the requirements of the forces in this field, the Standing Commission shall be dissolved after adequate prior consultation between the German authorities and the authorities of the forces concerned.
1.
The Mixed Commission established under paragraph 8 of Article 44 of the Forces Convention shall continue to be the competent body to determine whether a dismissal on security grounds was justified, provided that a request made under that provision was received by the Commission prior to the entry into force of the present Agreement.
2.
Decisions reached by the Mixed Commission shall continue to be binding on German Labour Courts after the entry into force of the present Agreement.
1.
The tax relief provided in paragraph 1 and sub-paragraphs (a), (c) and (d) of paragraph 2 of Article 33 of the Forces Convention, and in Article 3 of the Agreement on the Tax Treatment of the Forces and their Members, as amended by Schedule V to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany, signed at Paris on 23 October 1954, shall continue to be granted in respect of goods and services for which payment is made in Deutsche Mark, after the entry into force of the present Agreement, from the carry-over of occupation costs and mandatory expenditures funds or from the carry-over of support costs funds agreed upon for the period up to 5 May 1957.
2.
Paragraph 1 of this Article shall apply also to goods and services ordered before the entry into force of the present Agreement and for which payment is made in Deutsche Mark from funds made available to a force by the Federal Republic as mutual defence aid before that date.
Article 80
The provisions of Article XV of the NATO Status of Forces Agreement shall apply to the present Agreement, it being understood that references in that Article to other provisions of the NATO Status of Forces Agreement shall be deemed to be references to those provisions as supplemented by the present Agreement.
1.
Subject to the provisions of paragraph 2 of this Article, the present Agreement shall remain in force while forces are stationed in the Federal Republic in accordance with the terms of the Convention on the Presence of Foreign Forces in the Federal Republic of Germany of 23 October 1954 or any arrangement which may replace it.
2.
The present Agreement shall lapse
(a) if the Federal Republic denounces the NATO Status of Forces Agreement, when its denunciation takes effect pursuant to Article XIX of that Agreement;
(b) between the Federal Republic and any sending State that denounces the NATO Status of Forces Agreement when such denunciation takes effect.
Article 82
The present Agreement shall be reviewed
(a) when the Convention on the Presence of Foreign Forces in the Federal Republic of Germany of 23 October 1954 is reviewed in accordance with paragraph 2 of Article 3 of that Convention;
(b) upon the request of one of the Contracting Parties on the expiry of a period of three years subsequent to its entry into force;
(c)
(i) in respect of one or more provisions when provisions of the NATO Status of Forces Agreement to which they are directly related are reviewed under Article XVII of that Agreement;
(ii) at any time at the request of one of the Contracting Parties in respect of one or more provisions if their continued application would in the view of the Party making the request be especially burdensome to that Party, or if such application could not reasonably be expected of that Party; in such case negotiations shall be opened within a period not to exceed three months after submission of the request; if, after three months of negotiations, agreement has not been reached, any Contracting Party may apply to the Secretary-General of the North Atlantic Treaty Organization in accordance with the resolution of the North Atlantic Council of 13 December 1956, requesting him to use his good offices and to initiate one of the procedures named in that resolution; the Contracting Parties shall pay full heed to any recommendations deriving from such procedure;
(iii) at any time at the request of one of the Contracting Parties in respect of one or more provisions of a purely technical or administrative character.
1.
The present Agreement shall be ratified or approved. The instruments of ratification or approval shall be deposited by the signatory States with the Government of the United States of America which shall notify each signatory State of the date on which the instruments are deposited.
2.
The present Agreement shall enter into force thirty days after the date on which the Federal Republic has deposited with the Government of the United States of America, in accordance with the conditions specified in the Resolution of the North Atlantic Council of 5 October 1955, its instrument of accession to the NATO Status of Forces Agreement.
3.
The present Agreement shall be deposited in the Archives of the Government of the United States of America, which shall transmit certified copies thereof to each signatory State.
IN WITNESS WHEREOF the undersigned Representatives duly authorized thereto have signed the present Agreement.
DONE at Bonn, this third day of August 1959, in the German, English and French languages, all texts being equally authentic.