7 JUIN 2007. - An Act to Enact the Protocol, opened for signature in Berlin of 1^er June 2006 to 1^er November 2006, on the amendment of the Agreement establishing an International Commission for the International Research Service, concluded in Bonn on 6 June 1955 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Protocol, opened for signature in Berlin of 1^er June 2006 to 1^er November 2006, on the amendment of the Agreement establishing an International Commission for the International Research Service, concluded in Bonn on 6 June 1955, will come out its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 7 June 2007.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Defence,
A. FLAHAUT
Minister of Science Policy,
Mr. VERWILGHEN
Minister of Social Affairs,
R. DEMOTTE
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) 2006-2007 session.
Senate:
Documents. - Bill tabled on 2 April 2007, No. 3-2376/1. Report on behalf of the Commission, No. 3-2376/2.
Annales parliamentarians. - Discussion. Session of April 19, 2007. - Vote. Session of April 19, 2007.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 51-3083/1. - Text adopted in plenary and subject to Royal Assent, No. 51-3083/2.
Annales parliamentarians. - Discussion. Meeting of April 24, 2007. - Vote. Session of April 25, 2007.
(2) This protocol has not yet entered into force.
Protocol on the Amendment of the Agreement Establishing an International Commission for the International Research Service
The Governments of the Kingdom of Belgium, the French Republic, the Federal Republic of Germany, the Hellenic Republic, the State of Israel, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Poland, the United Kingdom of Great Britain and Northern Ireland and the United States of America,
Desirous of amending the Agreement establishing: an International Commission for the International Research Service, originally concluded in Bonn on 6 June 1955, and its successive amendments.
The following agreed:
Article I^er
The following paragraphs will be added to the Preamble before the last considering:
"Acknowledging that the Governments of the Hellenic Republic and the Republic of Poland have subsequently become parties to the Agreement establishing an International Commission for the International Research Service, and that they are therefore members of the International Commission for the International Research Service; »
"Desiring to ensure access, for research purposes, to archives and documents retained by the International Research Service, both on the site and through copies of archives and documents; »
"Whereas the Governments consider that the national law of each of them guarantees adequate protection of personal data and that they expect that each government, by granting access to the above-mentioned copies, will consider the sensitive nature of some of the information they may contain; »
Article II
The following sentence will be added at the end of Article 2 (a):
"including access by researchers to the archives and documents kept by this Service in Bad Arolsen. »
Article III
An article 8bis will be added:
« Article 8bis
(a) Each government will receive a single copy of the archives and documents of the International Research Service upon request.
(b) Each government will be able to make these archives and documents available for research at the premises of an appropriate archive repository located in its territory, where access will be granted in accordance with the relevant national law and the regulations and national uses for the archives. »
Article IV
This protocol will come into force on the date that all contracting governments have informed the Government of the Federal Republic of Germany that the necessary procedures at the national level have been completed. The relevant date will be the date on which the last notification was received by the Government of the Federal Republic of Germany.
This Protocol shall be concluded in the English, French and German languages, the three texts being equally authentic.
It will be opened from 1 June 2006 to 1 November 2006 at the Ministry of Foreign Affairs of the Federal Republic of Germany in Berlin for signature by all Governments, members of the International Commission for the International Research Service.
The Government of the Federal Republic of Germany will transmit a certified copy to all the signatory Governments and to the Secretary General of the United Nations for registration, in accordance with Article 102 of the Charter of the United Nations.
(PRO MEMORIA)
Agreement establishing an International Commission
International Research Service
The Governments of the Kingdom of Belgium, the French Republic, the Federal Republic of Germany, the State of Israel, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland and the United States of America;
Considering that an International Research Service has been established in Arolsen to search for missing persons, to collect, classify, preserve and make available to interested Governments and individuals all documentation relating to Germans and non-Germans who have been detained in national-socialist concentration or work camps, or to non-Germans who have been displaced by the Second World War;
Considering that the Allied High Commission for Germany has assumed responsibility for the operations of the International Research Service, the United Nations Administration for Relief and Restoration (UNRRA) and the International Refugee Organization were previously responsible;
Considering that pursuant to Article 1 (d) of Chapter Vllème of the Convention on the Settlement of Matters arising from War and Occupation (Text amended in accordance with Annex IV of the Protocol on the Cessation of the Regime of Occupation in the Federal Republic of Germany, signed in Paris on 23 October 1954) the Government of the Federal Republic of Germany has undertaken to ensure the continuation of operations
Noting that the Allied High Commission has ceased to exist and that the Governments of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland and the United States of America, in accordance with the exchange of notes on the continuation of the operations of the International Research Service, have decided that, by initial application of Article 1 (d) Chapter VII^e the above-mentioned Convention, the responsibility for the management and administration of the International Research Service will be transferred to the International Committee of the Red Cross for a period of five years from the date of the entry into force of the above-mentioned Convention;
Desiring to maintain international collaboration in this field, to ensure the cooperation of other interested States, the Union of Western Europe and other interested organizations, and to ensure the preservation of the archives and documents of the International Research Service,
The following agreed:
Article 1^er
(a) It is established hereby an International Commission composed of a representative of each Government Party to this Agreement and chaired by one of these representatives. The first President of the International Commission will be the Belgian representative.
(b) The International Commission may invite, by unanimous decision, representatives appointed by other interested Governments to participate in any debate on issues of interest to these Governments. Upon request, the Secretary General of the Union of Western Europe, or his representative and a representative of the International Committee of the Red Cross, may attend the debates; they will receive a copy of the minutes of all meetings of the International Commission.
(c) The International Commission shall be convened for the first time by the President, no later than 60 days after the entry into force of this Agreement. Later, she will meet at her choice, on the understanding that her President will have to convene her within 30 days at the request of two of her members or the Secretary General of the Union of Western Europe or the International Committee of the Red Cross.
(d) Except as expressly agreed, or fixed by the International Commission, the Commission shall make its decisions by a simple majority of the members present or represented and voting.
(e) The International Commission gives itself its rules, as long as it is not already set.
Article 2
(a) The International Commission is responsible for ensuring, in matters relating to the International Research Service, coordination between the Governments represented in the Commission, as well as providing, in accordance with the International Committee of the Red Cross, the guidelines for the work of the International Research Service.
(b) The guidelines referred to in paragraph (a) of this Article will be transmitted to the International Committee of the Red Cross for subsequent application.
(c) Details on the application of the directives referred to in paragraph (a) and on the cooperation between the International Commission and the International Committee of the Red Cross will be subject to special agreements between the International Commission and the International Committee of the Red Cross.
Article 3
The signatory Governments hereby authorize the President of the International Commission:
(a) to conclude, with the International Committee of the Red Cross, the Agreement annexed to Annex "A";
(b) to conclude, provided that it is authorized by a unanimous vote of the members of the Commission, any subsequent agreements that may become necessary, for the purpose of amending the above Agreement.
Article 4
The United Nations High Commissioner for Refugees (UNHCR) will be invited to delegate to the International Commission a permanent observer to defend the interests of persons who, on a statutory basis, fall within its competence.
Article 5
Non-governmental organizations with a well-defined interest in the activities of the International Research Service may submit to the International Commission suggestions and be invited by the International Commission to participate in the Commission ' s deliberations on these suggestions and under the conditions that the Commission will establish.
Article 6
Each of the Governments represented in the International Commission, as well as the United Nations High Commissioner for Refugees, will have the right to hold a permanent liaison office at its own expense to the International Research Service.
Article 7
The Governments represented in the International Commission shall facilitate, within the framework of their legislation, the examination, copy and, as long as it is not contrary to the interests of the Government or the Governments concerned and without prejudice to the right of ownership of these documents, the transfer to the International Research Service of all documents held, either at present or in the future, in the archives of the State, public or private, located in their countries and which relate to the first
Article 8
(a) Upon unanimous invitation from the Governments signatories to this Agreement, other interested Governments may participate as members of the International Commission.
(b) Participation in the International Commission will become effective on notification to the Government of the Federal Republic of Germany, by the invited government, of its acceptance of membership and its desire to participate. The Government of the Federal Republic of Germany will notify the other Governments represented in the International Commission of this acceptance and the date of it.
Article 9
A complete inventory of the archives and documents of the International Research Service, signed by the representatives of the Governments of the French Republic, the United Kingdom of Great Britain and Northern Ireland and the United States of America, on the one hand, and by a representative of the International Committee of the Red Cross, on the other hand, will be deposited with the original of this Agreement. Certified true copies of this inventory will be transmitted to the Governments represented at the International Commission and the Secretary General of the Union of Western Europe; an original copy will be forwarded to the Secretary General of the United Nations.
Article 10
This Agreement shall take effect on the date of the entry into force of the Convention on the Settlement of Matters arising from War and Occupation (above mentioned) for a period of five years. At least four years after the entry into force of this Agreement, the Governments Parties to this Agreement shall consult on its continuation or amendment.
In faith, the Plenipotentiaries have put on this Agreement their signatures and seals.
Done in Bonn on 6 June 1955, in French, German and English, the three texts being equally authentic, in a single copy which will be deposited in the archives of the Government of the Federal Republic of Germany. The Government of the Federal Republic of Germany will transmit a certified copy to each of the other signatory Governments, third Governments at the time of their acceptance of the membership of the International Commission, as well as to the Secretary General of the United Nations for registration, in accordance with Article 102 of the Charter of the United Nations, and to the Secretary General of the Union of Western Europe.
(PRO MEMORIA)
Protocol on the Extension and Amendment of the Agreement Establishing an International Commission for the International Research Service
The Governments of the Kingdom of Belgium, the French Republic, the Federal Republic of Germany, the Kingdom of Greece, the State of Israel, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland and the United States of America,
Desirous of extending and amending the Agreement establishing an International Commission for the International Research Service, concluded in Bonn on 6 June 1955,
The following agreed:
Article I^er
Subject to the following provisions, the validity of the Agreement of 6 June 1955 establishing an International Commission for the International Research Service (hereinafter referred to as "the Agreement") is extended for a further five-year period ending 5 May 1965. By no later than one year before the end of this period, the Governments Parties to this Protocol will consult on the extension or amendment of the Agreement.
Article II
In Articles 4 and 6 of the Agreement, "United Nations High Commissioner for Refugees" will be added to the words "or any other United Nations institution that could succeed him in carrying out his duties as international refugee protection".
Article III
The following article will be replaced by Article 9 of the Agreement:
“Article 9
After having signed three original texts of the complete inventory of the archives and documents of the International Research Service established under the conditions established by a protocol dated 19 October 1955 between the representatives of the Governments of the French Republic, the United Kingdom of Great Britain and Northern Ireland, the United States of America on the one hand, and the International Committee of the Red Cross on the other, the three Governments will have a copy of the Agreement with the original Agreement; the second copy will be delivered to the Secretary-General of the United Nations and the third copy will remain in possession of the International Committee of the Red Cross for the duration of his term on the International Research Service. The Director of the International Research Service will ensure the ongoing updating of this inventory. »
Article IV
This protocol will enter into force on 5 May 1960.
In faith, the undersigned Plenipotentiaries have covered this protocol of their signatures.
Done in Bonn on 23 August 1960, in French, German and English, the three texts being equally authentic, in a single copy which will be deposited in the archives of the Government of the Federal Republic of Germany. The Government of the Federal Republic of Germany will transmit a certified copy to each of the other signatory Governments, to the third Governments at the time of their acceptance of the membership of the International Commission, as well as to the Secretary General of the United Nations for registration, in accordance with Article 102 of the Charter of the United Nations, and to the Secretary General of the Union of Western Europe.

Protocol, opened for signature in Berlin of 1^er June 2006 to 1^er November 2006, on the amendment of the Agreement establishing an International Commission for the International Research Service, concluded in Bonn on 6 June 1955
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