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16 DECEMBER 1997. - An Act to approve the following International Acts: (a) Agreement, made in Bonn on 18 March 1993, amending the Agreement supplementing the Convention of 19 June 1951 between the States Parties to the North Atlantic Treaty on the Status of their Forces with respect to the Foreign Forces stationed in the Federal Republic of Germany, signed on 3 August 1959 and amended on 21 October 1971 and 18 May 1981, b) Accord, fait à Bonn le 16 mai 1994, amendant le Protocole de signature à l'Accord du 3 août 1959 modifié par les Accords du 21 octobre 1971 et du 18 mai 1981 compléterant la Convention entre les Etats Parties au Traité de l'Atlantique Nord sur le statut de leurs Forces, en ce qui concerne les Forces étrangères stationnées en République Fédérale d'Allemagne (1)

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 following international acts will come out their full effect:
1° Agreement, made in Bonn on 18 March 1993, amending the Agreement of 3 August 1959 amended by the Agreements of 21 October 1971 and 18 May 1981 supplementing the Convention between the States Parties to the North Atlantic Treaty on the Status of Their Forces, with respect to the foreign forces stationed in the Federal Republic of Germany;
2° Agreement, made in Bonn on 16 May 1994, amending the Protocol of Signature to the Agreement of 3 August 1959 amended by the Agreements of 21 October 1971 and 18 May 1981 supplementing the Convention between the States Parties to the North Atlantic Treaty on the Status of Their Forces, with respect to the foreign forces stationed in the Federal Republic of Germany.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 16 December 1997.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Minister of Justice,
Minister of National Defence,
J.-P. PONCELET
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) Session 1996-1997.
Senate:
Documents. - Bill tabled on 3 December 1996, No. 1-489/1. - Report, no. 1-489/2. - Text adopted in Commission No. 1-489/3.
Annales parliamentarians. - Discussion. Meeting of 15 January 1997.Vote, meeting of 16 January 1997.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 889/1. - Report, no. 889/2.
Annales parliamentarians. - Discussion. Session of 12 March 1997. - Vote, meeting of 13 March 1997.

Agreement Amending the Agreement of 3 August 1959 as amended by the Agreements of 21 October 1971 and 18 May 1981 supplementing the Convention between the States Parties to the North Atlantic Treaty on the Status of their Forces, with respect to the Foreign Forces stationed in the Federal Republic of Germany
The Federal Republic of Germany, the Kingdom of Belgium, Canada, the United States of America, the French Republic, the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland,
agreed that:
Article 1^er
Article 2 of the Agreement of 3 August 1959 amended by the Agreements of 21 October 1971 and 18 May 1981 (hereinafter referred to as "Supplementary Agreement") supplementing the Convention between the States Parties to the North Atlantic Treaty on the Status of their Forces, with respect to the foreign forces stationed in the Federal Republic of Germany, is amended as follows:
The introductory sentence of paragraph 1^er is replaced by the following introductory sentence:
“1. Unless this Agreement otherwise provides, the terms: ".
Article 2
Article 3 of the Comprehensive Agreement is amended to read:
“1. Paragraph 3 is replaced by the following paragraph:
"3 (a) As part of the cooperation provided for in paragraphs 1^er and 2 of this article, the German authorities and the authorities of a force shall ensure, by appropriate measures, a close mutual link. The nominal data shall be transmitted exclusively for the purposes of the NATO Convention on the Status of Forces and this Agreement. Reservations of use based on the legislation of the Contracting Party transmitting the data are respected.
(b) This paragraph does not require Parties to implement measures that contravene their legislation or oppose the superior interests of a Party with respect to the protection of the security of the State or public security. »
2. Paragraph 7 is deleted.
Article 3
Article 9 of the Comprehensive Agreement is amended to read:
1. Paragraph 1^er is replaced by the following paragraph:
“1. Permits or other authorizations issued by the authorities of a State of origin to members of a force or civilian element, empowering their holder to drive military motor vehicles or to pilot military vessels and aircraft, are valid for the conduct of such vehicles or the piloting of military ships and aircraft in the federal territory. The driver's licences enabling the conduct of service vehicles also allow, to the extent that the legislation of the State of origin authorizes it, the conduct of the corresponding private vehicles. The authorities of the State of origin or its force are empowered to also issue, on the basis of the above-mentioned driver's licences, permits to conduct the corresponding private vehicles. »
2. Paragraph 3 is replaced by the following paragraph:
“3. (a) A member of a force, a civilian element or a dependant may, with the consent of the force authorities, apply for a German permit, authorizing the holder to drive a private vehicle. Such permits are issued by the competent German authorities in accordance with the applicable German regulations.
(b) Training of persons applying for a driver's licence pursuant to this paragraph may take place in force-managed driving schools, if the instructors employed by these driving schools have a professional qualification in accordance with the regulations of their respective State of origin. These monitors must be in possession of a certificate issued by the force authorities and accompanied by a translation into the German language, authorizing them to train candidates; they shall be provided with this certificate during the training. Individuals who have not been trained as a driving school instructor may not be employed in a force school.
(c) The German authorities, after consultation with the force authorities, determine the content of the theoretical and practical driving examinations for persons applying for a driver's licence in accordance with this paragraph. The German authorities, after consultation with the force authorities, can ensure the regular conduct of the examinations.
(d) Persons who, on the day of entry into force of the Agreement of 18 March 1993 amending this Agreement, have commenced their training in accordance with Article 9, paragraph 3, in its earlier version of this Agreement or, after completing their education, have not yet passed a review, may continue their training and pass the examinations in accordance with the preceding provisions; the driver ' s licence may be issued according to these provisions. »
3. Paragraph 5 (b) is replaced by the following paragraph:
“(b) Only certificates of capacity issued by the competent German civil authority on the basis of the regulations in force in the Federal Republic authorize the conduct of non-military river vessels. It is not infringed on the provisions applicable under international conventions. "
4. The first sentence of paragraph 6 (a) is replaced by the following sentence:
“(a) The authorities of a force shall withdraw the driver's licences admitted to federal territory under paragraph 1^er of this article or of the certificate referred to in paragraph 2 of this article, if there is any merit in doubt as to the licensee's reliability or ability to drive a motor vehicle. »
5. Paragraph 6 (b) is replaced by the following paragraph:
“(b) In cases where the German courts exercise jurisdiction under Article VII of the NATO Convention on the Statute of the Forces and Articles 17, 18 and 19 of this Agreement, the provisions of German criminal law relating to the withdrawal of the driver's authorization shall remain applicable in respect of the driver's licences referred to in the second sentence of paragraph 1 of this Article to the extent that this applies to the right to conduct private vehicles, as well as to the driver's licences referred to in paragraph 1^er and paragraph 2 of this article. The removal of the driver's authorization is the subject of a reference to the driver's licence that must remain in the holder's possession. »
6. Following paragraph 6 (b), the following paragraph (c) is added:
"(c) Paragraphs (a) and (b) apply mutatis mutandis to the driver's licences issued pursuant to paragraph 3 of this Article in the current version up to the entry into force of the Agreement of 18 March 1993 amending this Agreement. »
7. Paragraph 7 is replaced by the following paragraph:
« 7. (a) Paragraph (a) of paragraph 6 of this section applies mutatis mutandis to aeronautical pilot patents referred to in paragraph 4 of this section.
(b) At the request of the German authorities, the force authorities shall take the necessary measures against any aircraft pilot patent holder valid in the federal territory in accordance with paragraph 1^er of this Article, having not observed the rules of air navigation. »
Article 4
Article 10 of the Comprehensive Agreement is amended to read:
After paragraph 1^erthe following new paragraphs are introduced:
« 1^erbis. The competent German authorities may authorize, in individual cases, the allocation of German registration plates for certain vehicles. The provisions of paragraph 1^er of Article 11 of this Agreement shall remain unchanged. In the cases referred to in the first sentence of paragraph 2 of Article 11 of this Agreement, the guarantee of the insurer or group of insurers shall also extend to damages in States or territories where vehicles with a German official registration plate are authorized to enter without control the insurance documents (sinisters within the meaning of Article 2, paragraph 2, of Directive 72/166/EEC of 24 April 1972 in its version). The German registration authorization must be the subject of a particular certificate or a reference to the registration certificate. The German authorities and the force authorities agree on other terms.
1ter. The German authorities may require authorizations, issued in accordance with paragraphs 1^er and 1^erbis of this article, be communicated by the authorities of the force to the competent German authorities for registration. The German authorities and the force authorities agree on the terms and conditions, in particular those relating to the communication of registration data.
1quater. Motor vehicles and trailers registered and authorized in accordance with paragraph 1^er of this article, or used by force in the federal territory, are regularly subject to a technical inspection. The German authorities may require German inspectors to control the capacity of technical inspection services or workshops of the States of origin, in which private motor vehicles and trailers undergo a technical examination. In addition, they can control the road safety of these vehicles. These provisions do not prejudice the possibility of having vehicle expertise and control in German inspection workshops in accordance with German regulations. "
Article 5
Article 12 of the Supplementary Agreement is amended to read:
Paragraph 4 is replaced by the following paragraph:
“4. Force authorities only issue firearms licences to persons whose honesty cannot be seriously questioned. At the request of the German authorities or their own chief, they proceed with the withdrawal of the firearms licence if it is established that the holder has made an abusive use of his weapon or that his honourability may be seriously questioned. »
Article 6
Section 16 of the Complementary Agreement is amended to read:
Paragraph 1^er is replaced by the following paragraph:
“1. The military authorities of a State of origin are empowered, in accordance with the applicable regulations of that State, to take charge of the bodies of members of the force or the civilian element or dependants who have died in the federal territory, to dispose of them and to carry out the necessary autopsy for reasons of medical order or criminal instruction. This provision is made in response to requests for autopsy submitted by the German authorities for autopsies performed for medical reasons, only to the extent that the law of the State of origin permits such autopsy. A medical examiner (Gerichtsartz) or a sworn doctor (Amtsartz) may be present at the autopsy. If this is an autopsy for German criminal investigation reasons, this right is granted to a German judge or prosecutor, it is taken into account their remarks regarding the requirements of German procedural law in the event of an autopsy. In the case where a German court or a German authority is competent to order an autopsy, the second, third and fourth sentences of this paragraph apply mutatis mutandis if the military authorities of a State of origin are interested in the result of the autopsy. »
Article 7
After Article 18, the following new Article 18A is introduced:
"Article 18A. 1. The authorities of a State of origin shall promptly inform the competent German authorities when they decide, in the exercise of their jurisdiction under Article VII of the NATO Convention on the Status of the Forces, to institute criminal proceedings that may result in the imposition of the death penalty.
2. In the light of the provisions of German law, the authorities of a State of origin shall not impose any death penalty in the Federal Republic and shall not undertake any criminal proceedings that may result in the imposition of such a penalty in the Federal Republic. »
Article 8
The following Signature Protocol applies to section 18A:
"Ad article 18A. 1. In the cases referred to in paragraph 1^er of Article 18A of this Agreement, the German authorities shall provide assistance when the German legislation or the conventional commitments to which the Federal Republic has subscribed, so require.
2. In extraordinary circumstances such as the imminent threat of armed conflict, the authorities of a State of origin and the competent German authorities may enter into appropriate arrangements for such circumstances. »
Article 9
Article 19 of the Comprehensive Agreement is amended to read:
1. At the end of paragraph 1^era new sentence is added:
"The waiver pursuant to this paragraph does not include any cases that are the subject of information in accordance with paragraph 1^er of Article 18A of this Agreement. »
2. At the end of paragraph 2, a new sentence is added:
"Without prejudice to any other notification obligation under the NATO Convention on the Status of the Forces or this Agreement, the military authorities of the State of origin shall inform the competent German authorities of their intention to exercise the priority of jurisdiction over the individual information referred to in paragraph (a) of paragraph 2 of the Section of the Signature Protocol referring to this article, which is granted to them in accordance with paragraph (a) of Article VII of the NATO Protocol. "
3. Paragraph 3 is replaced by the following paragraph:
“3. If the competent German authorities consider that the interests of the administration of German justice require that court evening exercised by the German authorities, they may revoke the waiver granted under paragraph 1^er of this article by a declaration addressed to the competent civil or military authorities within twenty-one days of receipt of the notification referred to in paragraph 2 or within a shorter period of time to be determined by the arrangements referred to in paragraph 7. The German authorities may also send their statements before their notification is received. »
4. Paragraph 6 is replaced by the following paragraph:
« 6. (a) When a German court or a German authority exercises the exclusive jurisdiction provided for in paragraph (b) of Article VII, paragraph 2, of the NATO Convention on the Status of Forces, a liaison service, established or designated by each of the States of origin, shall, on a particular or general request of the State of origin concerned, receive a copy of all documents addressed to the individual.
(b) In criminal proceedings, the German courts and the German authorities may request that the liaison service ensure the handover of documents to members of the force, the civil element or dependants. The provisions of paragraph 1 (b)^er of Article 32 of this Agreement shall apply mutatis mutandis. »
Article 10
The Article 19 Signature Protocol is amended to read:
Paragraph 2 (a) is replaced by the following paragraph:
“2. (a) The interests of the administration of German justice, as defined in article 19, paragraph 3, of this Agreement may require that the jurisdiction be exercised by the German authorities, in particular in the case of the following offences:
(i) The offences under the jurisdiction of the Courts of Appeal (Oberlandesgerichte) in the first instance or those whose prosecution is feared by the Attorney General of the Federal Republic (Generalbundesanwalt) to the Superior Federal Court (Bundesgerichtshof);
(ii) Offences that resulted in human death, theft with violence or threats, rape, provided that they were not directed against a member of a force or civilian element or a dependant;
(iii) Attempt or participation in such offences. »
Article 11
Article 27 of the Comprehensive Agreement is deleted.
Article 12
Article 28 of the Comprehensive Agreement is amended to read:
Previous paragraph 1^era new primo paragraph is introduced as follows:
"Primo. In accordance with the provisions of paragraph 4bis of the Section of the Protocol of Signature referring to Article 53, and without prejudice to the provisions of Article VII, paragraph 10 (a), of the NATO Convention on the Status of Forces, the German police shall have the right to carry out their duties in the interior of facilities made available to a force or civilian element for its exclusive use to the extent that the public security and security of the Federal Republic are When a criminal procedure is to be carried out in such facilities, the State of origin may also, after consultation with the German authorities on the execution modalities, enforce this act by its own police forces. In this case, the execution of the act takes place immediately and in the presence of representatives mandated by the German authorities, if the German party so wishes. "
Article 13
Section 31 of the Comprehensive Agreement is replaced by the following item:
“Article 31. Members of a force or civil element shall, in the matter of waiver of bail for procedural costs, enjoy the rights determined in the agreements in force in this field between the Federal Republic and the State of origin concerned. The presence of these persons in federal territory for service reasons is considered for the application of these agreements as residence in that territory. »
Article 14
Article 32 of the Comprehensive Agreement is amended to read:
1. Paragraph 1 (a)^er is replaced by the following paragraph:
“1. (a) In proceedings other than criminal proceedings, the German courts and the German authorities may request a liaison service, to establish or designate by each State of origin, to carry out the service of acts to members of a force, civil element or dependants. »
2. Items (i) and (ii) of paragraph (c) of paragraph 1^er are replaced by the following:
"(c) (i) When meaning is not feared, the liaison service in fact makes the written notification attesting to the reasons to the German court or to the German authority and, if possible, the date on which meaning can be made. The meaning shall be effective if, at the expiry of a period of twenty-one days from the date of receipt by the liaison service, the German court or the German authority has not received any notice that the meaning has taken place in accordance with paragraph (b) of this paragraph, or any communication indicating that it has not been possible to carry out the meaning.
(ii) However, the service is not required to be effective if, prior to the expiry of the period of twenty-one days, the liaison service notify the German court or the German authority that it could not be carried out this service. »
3. After paragraph 1 (c) (ii)^erthe following point (iibis) is introduced:
"(iibis) If the consignee of the meaning has definitively left the Federal Republic, the liaison service shall forthwith notify the German court or the German authority and, taking into account the provisions of Article 3, paragraph 3, of this Agreement, shall render any assistance in its power to the German court or to the German authority. »
4. Paragraph 2 is replaced by the following paragraph:
“2. If a German bailiff (Zusteller) directly means an application for justice or any other act or judicial order initiating proceedings other than criminal proceedings before a German court or German authority, the liaison service must be informed in writing before or immediately after the service is served. Written information contains the information provided for in Article 205 of the Civil Procedure Code (Zivilprozesordnung); for dependants, these are provided only to the extent permitted by law. »
5. After paragraph 2, the following paragraph 3 is introduced:
“3. If a German court or a German authority means a judgment or a document relating to the formation of a remedy, the liaison service shall be informed immediately and to the extent provided by law, on a particular or general request of the State of origin concerned, when the liaison service does not itself carry out such meaning and if the consignee or a third party connected to the procedure do not oppose it. The German court or the German authority shall inform the liaison service of any opposition. »
Article 15
Section 33 of the Comprehensive Agreement is replaced by the following item:
Where, in the non-criminal proceedings to which they are parties, members of a force, civilian element or dependants are temporarily prevented from appearing and if the German court or competent German authority is informed of it without undue delay, it shall be duly taken into account in order to result in no legal prejudice. Such communication may also be made through the liaison service. "
Article 16
Article 34 of the Comprehensive Agreement is amended to read:
1. Paragraph 2 is replaced by the following paragraph:
“2. (a) In a non-penal procedure, a member of a force, a civil element or a dependant may not be subjected to an arrest ordered by German authorities or by German courts only to punish an offence against the court or to ensure compliance with an administrative or judicial decision to which the court has refused in a decent manner to comply. In the event of an act or omission in the performance of official duties, the arrest will not be ordered. The attestation by the highest competent authorities of the State of origin that the act or omission was committed in the exercise of official duties links the German services. In other cases, the competent German authorities examine the decision by taking into consideration any intervention made by the highest competent authority of the State of origin indicating that higher interests oppose the arrest.
(b) An arrest in accordance with this paragraph may take place only after the military authorities have provided for the replacement of the person in the service, if they deem it necessary. For this purpose, the military authorities shall immediately take all necessary and reasonably acceptable provisions for the execution of custodial measures and render all assistance in their power to the German authorities responsible for the application of a decision in accordance with this paragraph.
(c) Where an arrest in accordance with the provisions of this paragraph is to be carried out within the facilities provided for the exclusive disposition of the force or civilian element, the State of origin may also, after agreement with the German authorities or the German courts on the modalities of the arrest, enforce this act by its police forces. In this case, the arrest is carried out immediately and, if the German party so wishes, in the presence of representatives mandated by the German authorities or the German courts. »
2. Paragraph 3 is replaced by the following paragraph:
“3. The sums due to a member of a force or civilian element by his Government may be subject to seizure, seizure or other enforcement ordered by a German court or by a German authority to the extent that the law applicable in the territory of the State of origin permits it. Assistance, as provided in paragraph 1 of this article, also includes guidance on possibilities of forced execution on the balance already paid. »
Article 17
Article 35 of the Comprehensive Agreement is amended to read:
Paragraph (b) is replaced by the following paragraph:
“(b) (i) When the payment is not made through a German authority, the authorities of the force or the civil element shall deposit with the competent service, at the request of the body having the power of forced execution and to the extent that the law of the State of origin does not prohibit it, the amount specified in that request, representing all or part of the amount that they recognize the debtor. This deposit frees the force or civil element of its debt to the debtor up to the amount deposited.
(ii) As long as the legislation of the State of Interest prohibits the payments referred to in paragraph (i) of this paragraph, the authorities of force or civil element shall take all appropriate measures to assist the body that has the power to enforce the decision in question. »
Article 18
Article 36 of the Comprehensive Agreement is amended to read:
Paragraph 1^er is replaced by the following paragraph:
“1. A public service to a member of a force, a civil element or a dependant must be accompanied by the publication, in the language of the State of origin, of an extract of the act to be served in one of the ballots to be designated by the State of origin or posted to the appropriate liaison service, if the State of origin decides. "
Article 19
Article 37 of the Comprehensive Agreement is amended to read:
Paragraph 1^er is replaced by the following paragraph:
“1. When a member of a force, civilian element or a dependant is summoned to appear before a German court or a German authority, the military authorities shall take all the provisions in their power, to the extent that urgent military necessity does not oppose it, in order to comply with the request to appear before the individual, provided that German law requires such appearance in an absolute manner. In the event that the summons has not been served by the liaison service, the liaison service shall be informed immediately by the German court or the German authority of the summons with indication of the consignee and address, and of the dates and places fixed by the hearing or the administration of the evidence; This is not valid for dependants when military authorities cannot provide effective support in monitoring the appearance. »
Rule 20
Section 39 of the Comprehensive Agreement is replaced by the following item:
“Article 39. The privileges and dispensations of witnesses, victims and experts are those granted by the law applied by the court or the authority to which they appear. However, the court or authority duly takes into account the privileges and dispensations that would benefit witnesses, victims and experts in the case of a force, a civil element or dependants before the court of origin concerned, or would benefit from them in a German court if they do not belong to these categories of persons. »
Article 21
Article 42 of the Comprehensive Agreement is deleted.
Article 22
Article 45 of the Comprehensive Agreement is amended to read:
1. Paragraph 1^er is replaced by the following paragraph:
“1. To the extent that a force cannot conduct its military instruction on real property made available to it for exclusive use without compromising the purposes pursued by the instruction, it has the right, under this section and subject to the consent of the Federal Minister of Defence, to perform military manoeuvres and other exercises outside these real property to the extent necessary for the performance of its defence mission. The decision of the Federal Minister of Defence is taken with due regard to all points of view resulting from multilateral or bilateral agreements to which the Federal Republic and one or more of the States of origin are Parties; This includes the training requirements set by the Supreme Allied Commander in Europe and any other authority of the North Atlantic Treaty Organization or any competent European body. The execution of or participation in manoeuvres and other exercises, provided for in this article, of military units coming for this purpose in the Federal Republic requires the consent of the competent German authorities. A special agreement regulates procedures for the notification, coordination and authorization of manoeuvres and other exercises. »
2. Paragraph 2 is replaced by the following paragraph:
2. Manoeuvres and other exercises, in accordance with paragraph 1^er This section is governed by the relevant provisions of German law, in particular the Federal Requisitions Act of 27 September 1961 in the latest version in force. At the request of the authorities of a force, the German military authorities provide details of these provisions or ensure that they are provided. The competent German authorities shall, in due course, initiate discussions with the authorities of the States of origin regarding any draft fundamental amendment to the provisions of German legislation that could cause significant harm to the conduct of manoeuvres or other exercises. »
3. Paragraphs 3 to 7 are deleted.
Article 23
Article 46 of the Comprehensive Agreement is amended to read:
1. Paragraph 1^er is replaced by the following paragraph:
“1. A force has the right, under this Article and subject to the consent of the competent German authorities, to perform manoeuvres and other exercises in the airspace of the Federal Republic to the extent necessary for the fulfilment of its defence mission. The decision of the competent German authorities is taken with due regard to all points of view resulting from multilateral agreements to which the Federal Republic and one or more States of origin are Parties; This includes the training requirements set by the Supreme Allied Commander in Europe and any other authority of the North Atlantic Treaty Organization or any competent European body. »
2. Paragraph 2 is replaced by the following paragraph:
“2. Manoeuvres and other exercises pursuant to paragraph 1^er This section is governed by the German provisions relating to the entry into and use of the German airspace and the use of the latter and of the aeronautical installations and devices, which do not exceed the framework of the Recommended Standards and Practices of the Organization of Civil Aviation International and the procedures for notification, authorization and coordination in force contained in the relevant laws, regulations and publications. The competent German authorities shall, in due course, initiate discussions with the authorities of the States of origin concerning any proposed amendments to German legislation or administrative provisions concerning the entry into and use of German airspace and the use of it and of aircraft installations and devices. The Contracting Parties shall address relevant organizations to discuss these draft amendments. »
3. Paragraphs 3 to 5 are deleted.
Article 24
The following Signature Protocol applies to section 46:
“Ad article 46. 1. The German regulations governing the entry into and use of the German airspace and aircraft installations and devices, as well as the procedures for notification, authorization and coordination in force contained in the relevant laws, regulations and publications, include the Air Traffic Act (Luftverkehrsgesetz) in the latest version in force and the regulations, procedures and civil and military administrative provisions referring to it, as well as the procedures published in the last version In addition to the provisions of Article 46, agreements including any future amendments relating to the execution of manoeuvres and other services in the German airspace that the Federal Republic and one or more of the States of origin have concluded or will enter into, shall apply until the date of their replacement or denunciation.
2. The relevant organizations referred to in Article 46, paragraph 2, of this Agreement shall include the AFCENT Working Group on Low-altitude Flights (AFCENT Low Flying Group) or any other successor organization. »
Rule 25
Article 47 of the Comprehensive Agreement is amended to read:
Paragraph 3 is replaced by the following paragraph:
“3. A force or civilian component may obtain supplies and services that are necessary to them, either directly or after prior agreement, through the competent German authorities. The performance of transportation benefits is governed by Article 57 of this Agreement. »
Rule 26
Article 49 of the Comprehensive Agreement is amended to read:
1. Paragraph 1^er is replaced by the following paragraph:
“1. The work programmes necessary to satisfy the needs of a force and a civilian element are transmitted by the authorities of force and civil element to the competent German authorities for federal constructions. "
2. Paragraph 2 is replaced by the following paragraph:
“2. The work is carried out by the competent German authorities for federal constructions in accordance with existing German legal and administrative provisions and specific administrative agreements. »
3. Paragraph 3 is replaced by the following paragraph:
“3. By derogation from the provisions of paragraph 2 of this Article and in accordance with the specific administrative agreements that exist on the date of entry into force of this Agreement or which will be concluded or amended after that date, the authorities of a force or civilian element may, after consultation with the German authorities:
(a) repairs and maintenance work,
(b) work that requires specific security measures,
(c) work of little importance,
and in agreement with the German authorities:
(d) small construction work,
(e) exceptionally, work in other cases, by using their own personnel or by direct submission to a contractor. During the execution of this work, the authorities of force or civil element observe the German construction and environmental regulations, and in cooperation with the German authorities mentioned in paragraph 2 of this article, ensure that the corresponding authorizations are sought. They also observe the principles that are applied in the Federal Republic with regard to public works markets. »
4. Paragraph 4 is deleted.
5. Paragraph 5 is replaced by the following paragraph:
« 5. The authorities of force and civil element and the German authorities agree on the form and extent of the consultations provided for in paragraph 3 of this article. »
6. The introductory sentence of paragraph 6 and paragraph (b) of that paragraph shall be replaced by the following:
« 6. Where work referred to in paragraph 2 of this article is carried out by the German authorities on behalf of a force or civilian element:
(b) the mode of public procurement and, in the event of a restricted award, the number and identity of the contractors to be invited to bid are the subject of an agreement between the German authorities and the authorities of force or civil element; »
Rule 27
Article 53 of the Comprehensive Agreement is amended to read:
1. Paragraph 1^er is replaced by the following paragraph:
"l. A force and a civilian element may take, within the real property available to them for their exclusive use, the necessary measures to enable them to perform their defence responsibilities satisfactorily. German law applies to the use of these real property, unless otherwise stipulated in this Agreement or in other international agreements and provided that it is not the organization, internal functioning and administration of force and its civil element, members and dependants or other internal affairs that have no foreseeable effect on the rights of third parties or on neighbouring general communes or the public. The competent German authorities and the authorities of a force will consult and cooperate to resolve disputes that might arise. »
2. After paragraph 2, the following paragraph 2bis is introduced:
"2bis. The use of manoeuvring camps, garrison exercise grounds and garrison stalls by units transferred to the Federal Republic for exercise or training purposes must be previously notified to the competent German authorities to obtain their consent. Such consent shall be deemed to be granted where no objection is raised by the German authorities upon the expiration of a period of 45 days after the receipt of the notification. However, a simple notification is sufficient for units of the state that are organically notifying linked to a unit stationed in the Federal Republic or planned to strengthen the units stationed in the Federal Republic, when their numbers do not exceed 200 men. For the purposes of this article, the indications given to the German authorities at the programming conferences are sufficient. Additional agreements may be concluded. "
3. The following paragraph 2ter is introduced before paragraph 3:
"2ter. Details relating to the use of manoeuvring camps, air-to-ground firing fields, garrison exercise grounds and garrison firing fields, as well as the notification and authorization procedure provided for in paragraph 2bis will be subject to administrative agreements reached at the federal level. »
Rule 28
The Signature Protocol relating to Article 53 of the Comprehensive Agreement is amended to read:
1. After paragraph 1^erparagraph 1^erfollowing bis is introduced:
"1bis. The measures required to implement national force training standards are included in the first sentence of paragraph 1^er of Article 53. »
2. After paragraph 4, the following paragraph 4bis is introduced:
"4bis. (a) The authorities of a force shall lend to the competent German authorities at the level of the Federation, the Länder and local authorities any reasonable assistance necessary for the safeguarding of German interests, including access to real property after prior notification so that they may fulfil their obligations. Federal authorities competent for real property lent assistance to the force authorities on their application. In cases of imminent emergency or danger, the force authorities allow immediate access without prior notification. The force authorities decide in each case if they accompany the German authorities.
(b) In all cases of access, military security requirements are considered, in particular the inviolability of premises, facilities and documents subject to secrecy restrictions.
(c) The authorities of the force and the German authorities organize access in such a way that neither the German interests nor the current or already fixed military exercises suffer excessive damage.
(d) If, in the cases provided for in subparagraphs (a) to (c) of this paragraph, no agreement has been reached, the competent higher authorities shall be seized by each Party. »
3. The first sentence of paragraph 5 and subparagraphs (c) and (g) are replaced by the introductory sentence and the following paragraphs:
« 5. The authorities of the force and the German authorities, in accordance with Article 53, in liaison with Article 53 A, cooperate in particular in the following areas:
(c) public safety and order, including fire protection (fire protection and assistance to persons at risk), protection against disasters, hygiene, health and safety of work (Arbeitsschutz), accident prevention and safety measures, for example, fire stands, ammunition and fuel depots and hazardous installations;
(g) real estate servitudes, protection of neighbouring properties, rural and urban planning, protection of monuments and natural sites, protection of the environment including the identification and assessment of sites that are at risk due to contamination of the soil. »
4. Paragraph 6 is replaced by the following paragraph:
« 6. When the authorities of a force and the German federal authorities responsible for the management of real property cooperate, the following procedures are applied:
(a) The force authorities and the German authorities designate their respective representatives for any particular real estate or for any set of real estate. These representatives cooperate in the administration of real property, in order to ensure that it is duly taken into account the interests of German force and interests. The competences of the German specialized authorities, in particular those referred to in paragraph 4bis of this Section, are not affected.
(b) The Commander responsible for real property or any other competent authority of force shall, in accordance with paragraph 4bis of this Section, provide reasonable assistance.
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this paragraph, the following procedure shall be applied:
(i) Lists of property and inventories referred to in paragraph 5 (b) of this Section are normally prepared or verified at the beginning and end of the period during which real property is available to the force.
(ii) Mixed commissions can be formed for security cooperation on fire stands and ammunition and fuel depots. Details of this procedure will be specified by administrative arrangements. »
Rule 29
After Article 53 of the Comprehensive Agreement, the following Article 53A is introduced:
“Article 53A. 1. To the extent or German law applies in respect of the use of real property referred to in Article 53 of this Agreement and where it requires special permission, permit or other form of official authorization, the German authorities shall, in cooperation with the authorities of a force and after consultation with them, submit the necessary requests and initiate the corresponding administrative and judicial procedures for force.
2. Paragraph 1^er This section shall also apply where the decision is attacked by a third party, where the measures or facilities are reported and when it comes to proceedings initiated on an ex officio basis or the initiation of third parties, in particular to ensure public safety and order. In these cases, the German federal authorities, acting for force, defend the interests of force. If an authorization has been requested in accordance with paragraph 1^er of this Article shall be refused or subsequently amended or made null and void under German law the authorities of force and the German authorities shall initiate consultations in order to use other means that meet the needs of force and conform to the requirements of German law.
3. The force authorities scrupulously respect the terms and requirements of any valid decision made in accordance with paragraphs 1^er and 2 of this article. They cooperate closely with the German authorities to ensure the fulfilment of this obligation. Such a decision does not give rise to forced execution. »
Rule 30
Article 54 of the Comprehensive Agreement is amended to read:
Paragraph 1^er is replaced by the following paragraph:
“1. Unless otherwise provided in this paragraph, the German regulations and procedures relating to the prevention of contagious human, animal and plant diseases, the control of these diseases and the prevention of the spread of insects that are harmful to plants and the control of them are applicable to force and civilian elements. In the above-mentioned areas, a force may apply its own regulations and procedures within the real property available to it for its use as well as to its members, members of its civil component and dependants, provided that it does not endanger public health (öffentliche Gesundheid) or plantations. »
Rule 31
After Article 54 of the Comprehensive Agreement, the following Article 54A is introduced:
“Article 54A
1. States of origin recognize and accept the importance of environmental protection in the context of roads the activities of their forces in the Federal Republic.
2. Without prejudice to the respect and application of German law in accordance with this Agreement, the authorities of a force and a civilian element shall examine as soon as possible the compatibility of all projects with the protection of the environment. In this regard, they identify, analyze and assess the potential effects of any significant environmental project on individuals, animals, plants, soils, water, air, climate and sites, including their interactions, as well as those on crop properties and any other property. The purpose of this review must be to avoid environmental nuisances and, where harmful effects are inevitable, to correct them by taking appropriate compensation or compensation measures. In this regard, the authorities of a force and a civilian element may request the assistance of the German military and civil authorities. "
Rule 32
The following Article 54B is introduced before Article 55 of the Complementary Agreement:
“Article 54B
The authorities of a force and a civilian component shall ensure that only low-emission fuels, lubricants and additives in accordance with the German Environmental Protection Regulations are used for the use of aircraft, ships and motor vehicles, to the extent that such use is compatible with the technical requirements of these aircraft, ships and motor vehicles. They must also ensure that, with respect to tourism and utility vehicles, especially when they are new, the German requirements for sound pollution and gas emissions are met to the extent that this does not prove excessively binding. The competent German authorities and the authorities of the forces and the civil element consult and cooperate closely for the application and monitoring of these provisions. »
Rule 33
Article 56 of the Comprehensive Agreement is amended to read:
1. Paragraph 1 (a)^er is replaced by the following paragraph:
“1. (a) The German labour legislation, including the legislation relating to occupational hygiene, health and safety (Arbeitsschutzrecht), applicable to civilian employees of the German armed forces, with the exception of the orders of service (Dienstordnungen) and service agreements (Diensrvereinbarungen) and the regulations concerning the tariff provisions, also applies to the conditions of work of the civilian labour force with »
2. Paragraph 1 (c)^er is deleted.
3. Paragraph 1 (e)^er is deleted.
4. Paragraph 2 (a) is replaced by the following paragraph:
“2. (a) The second sentence of paragraph 1^er Article 9 of the Law on Protection against Termination (Kundigungsschutzgezetz) applies, provided that the employer's request may be based on the fact that military interests requiring special protection are opposed to the maintenance of employment. The highest authority of service may assert the reasons (Glaubhaftmachung) for which military interests warrant special protection; in this case, the proceedings before the court to decide shall be held in camera. If the disclosure of these reasons is likely to cause the risk of serious harm to the security of the State of origin or its force, the highest authority for the service of force, in accordance with the Chief of Federal Chancellery (Chief of the Bundeskanzleramts) may establish its credibility by means of a formal declaration. »
5. Paragraph 6 is replaced by the following paragraph:
« 6. The authorities of a force or civilian component may, with respect to the labour force, including members of civil service organizations, hire, assignment, vocational training, transfers, dismissals, and accept resignations. »
6. Paragraph 7 (a) is replaced by the following paragraph:
« 7. (a) The authorities of a force and a civilian component shall determine the number and nature of the jobs required in accordance with the classification scales of the occupational categories set out in paragraph 5 (a) of this article. The authorities of force and civil element classify each employee in the pay grid or appropriate treatment. »
7. Paragraph (b) in paragraph 7 is deleted.
8. Paragraph 10 is replaced by the following paragraph:
“10.” When the German authorities perform administrative tasks relating to the employment and remuneration of the labour force or civilian component, the actual expenses resulting from it shall be reimbursed by force. The corresponding procedure is agreed between the German authorities and the authorities of each force. When performing administrative tasks, the principles of profitability will be taken into account, in consultation with the competent authorities of force. "
Rule 34
The following Signature Protocol applies to paragraph 1^er Article 56 of the Comprehensive Agreement:
“Ad article 56, paragraph 1^er.
When the provisions on occupational health, health and safety are implemented by force or by the civilian element:
(a) Article 53, paragraphs 3 and 4, as well as paragraphs 5 and 6 of the Signature Protocol Section referring to Article 53, in particular on matters of cooperation;
(b) paragraph 4bis of the Signature Protocol Section referring to Article 53 in particular for assistance matters, including access to real property; and
(c) section 53A, in particular for administrative decisions.
2. To the extent that services designated by the Federal Minister of Defence are responsible for the tasks of labour and labour inspection services (Gewerbeaufsichtsamter) for the German armed forces, these services, in cooperation with the authorities of force and civilian elements, in accordance with paragraph 1^er above, are also competent for the civil labour force of a force or civilian element.
3. Any exceptions for facilities of the German armed forces are also applicable to installations of a force or civilian element.
4. Facilities established prior to the date of entry into force of the Agreement of 13 March 1993 amending this Agreement continue to be subject to the requirements applicable to them until that date with respect to technical constraints. This does not apply where facilities or their use are subject to fundamental modifications, or where, depending on the nature of the operation, avoidable hazards to the life or health of third parties, especially for the civilian workforce, are to be feared.
Rule 35
The following Signature Protocol applies to Article 56, paragraph 3, of the Complementary Agreement:
“Ad article 56, paragraph 3.
The provisions of German law relating to the prevention of accidents must be taken into account only to the extent that a force or civilian element has not given relevant instructions. Force and civilian elements require advice from the competent German authorities for the adoption of accident prevention instructions as well as any other related matters. If these authorities consider that there is insufficient accident prevention instructions, consultations will be held in accordance with the third sentence of paragraph 1^er of Article 53. »
Rule 36
The following Signature Protocol applies to paragraph 5 of the Supplementary Agreement:
“Ad article 56, paragraph 5.
The competence of the German authorities for the determination of the terms and conditions of payment of wages and salaries is not opposed to the conclusion of arrangements between them and the authorities of a force or civil element providing for the calculation and payment of remuneration of the civilian labour force carried out by services other than the German authorities. »
Rule 37
The Signature Protocol to the Comprehensive Agreement referring to Article 56, paragraph 9, is amended to read:
1. Paragraph 1^er, the following sentence is added:
"If decisions are made at a higher level than that of the highest service authority, the force ensures that the Enterprise Council is informed as soon as possible. "
2. Paragraph 5 is replaced by the following paragraph:
« 5. The Chief of Service is not required to communicate to the members of the Business Council, to the committee referred to in section 93 of the Federal Staff Representation Act (Bundespersonalvertretungsgesetz) and to the conciliation body, documents which, for security reasons, are confidential; the same applies to the information that comes from it. For the performance of its mission, the Business Committee, as far as this is necessary, may have access to security areas. To the extent or the directives of the highest military security service authority prevent such access from being restricted, it is granted under the same conditions as those in which it is granted to the civilian labour force. »
3. Paragraph 6 is replaced by the following paragraph:
« 6. (a) (i) To the extent that, in particular cases, the co-decision provided for by law is faced with military interests requiring special protection, the scope of this right may be restricted. The highest service authority must justify in writing the restrictions imposed on the right to co-decision and specify the extent of it. If the disclosure of the justifications may pose a serious danger to the security of the State of origin or its force, the highest service authority may justify it by a formal declaration that must be confirmed by the President of the Federal Labour Court. »
(ii) In cases where the facilities are returned to the Federal Government, the application of the co-decision right does not prevent the return of such facilities on the scheduled date and communicated by force to the competent German authorities. In these cases, the competent German authorities enter into special agreements to take care of the facilities, even if they have not been fully released.
(iii) (aa) The right of co-decision provided by law, relating to the establishment, management and dissolution of social institutions, without taking into account their legal form, is applicable only to social institutions operating exclusively for the benefit of the civil workforce.
(bb) The co-decision under the Workplace Configuration Act does not apply if members of the force or civilian element, as well as civilian employees, are incorporated into the same organization or program and if the civilian workforce is not preponderant.
(iv) To the extent that the content of the personnel questionnaires for employees and workers concerns military security issues, the co-decision provided by law is replaced by the cooperation procedure.
(v) The right of co-decision provided by law regarding assignments under section 123a of the Framework Law on the Legal Status of the Public Service (Beamtenrechtsrahmengesetz) is not applicable.
(vi) To the extent that matters are governed by a law or collective agreements or are usually settled by agreements in accordance with paragraph (a) of Article 56, they are not subject to the principle of co-decision.
(vii) Co-decision does not apply in reference to paragraphs (1) and (a) of subsection 1^er section 75, paragraph (13) of subsection 3 of section 75 and paragraphs (5) and (7) of subsection 2 of section 76. This exemption will be reviewed immediately after December 31, 1994.
(b) Where co-decision rights are not applied under paragraph (a) above, the co-decision procedure applies.
(c) The conciliation commission provided for in the co-decision procedure shall consist of a member designated by the highest service authority and a designated member of the competent business council, as well as an impartial president appointed jointly between the two Parties. If no agreement can be reached on the President's choice, the appointment will be made by the Secretary General of the North Atlantic Treaty Organization, insofar as the appointment of the President of the Federal Administrative Court or the Secretary General of the Union of Western Europe is not mutually agreed. The highest service authority may require that members of the conciliation board be allowed access to confidential documents. At the request of the force concerned or the Business Committee, permanent or ad hoc conciliation commissions may be established if the circumstances so warrant.
(d) The conciliation commission makes decisions in the form of resolutions. It may also only partially respond to requests from the Parties concerned. The resolution is taken by a majority vote. The resolutions of the conciliation commission are taken within the framework of the legislative provisions of the State of origin, including the financial laws, and the budgetary regulations of the State of origin which impose themselves on the highest authority of force. »
4. Paragraph 7 is replaced by the following paragraph:
« 7. The Chief of Service shall submit to the Business Council for its cooperation in accordance with section 78 of the Act, administrative directives before they are promulgated, except in cases where subsection 6 of section 72 in conjunction with section 69, paragraph 5, of the Act is applicable. »
5. Paragraph 8 is deleted.
Rule 38
Article 57 of the Comprehensive Agreement is amended to read:
1. Paragraph 1^er is replaced by the following paragraph:
“1. (a) A force, civilian element, members and dependants have the right, subject to the consent of the Federal Government, to enter the Federal Republic or to move within and above the federal territory in vehicles, ships and aircraft; Such consent shall be deemed to be acquired for carriage and other movement authorized under German legislation, including this Agreement and other international agreements to which the Federal Republic and one or more of the States of origin are parties, as well as technical arrangements and procedures thereto. To the extent that special and exceptional authorizations and exemptions to the legislation on the transport of dangerous goods are necessary for military movements and transport, these are obtained through the competent services of the German armed forces.
(b) The competent authorities of the German armed forces coordinate, vis-à-vis the civil authorities, the representation of the military interests of the forces in traffic matters. They also coordinate the execution of the military transport movements of the states of origin between them and with civil traffic. The nature and extent of this coordination are the subject of arrangements between the authorities of the German forces and the German armed forces. If such arrangements have not been concluded, the forces shall communicate the military movements by road or by rail to the competent authorities of the German armed forces. In military air navigation, the usual procedures apply. »
2. Paragraph 3 is replaced by the following paragraph
“3. A force, a civilian element, their members and dependants shall comply with the German traffic requirements, including the requirements for behaviour at the scene of the accident and the requirements for the carriage of dangerous substances, to the extent that it is not otherwise disposed of in this Agreement. The competent authorities shall monitor compliance with these requirements. In order to facilitate the control of compliance with these requirements, it may be carried out in common. The conduct of this control can be regulated through local arrangements. Existing arrangements are maintained unless they are reviewed. »
3. Paragraph 4 is replaced by the following paragraph:
“4. (a) A force may be allowed to derogate from the German road traffic requirements under the conditions laid down by German law. In the case of future amendments to German road traffic laws and regulations, the exemptions required by urgent military requirements are implemented in accordance with the procedures agreed between the authorities of a force and the competent German authorities.
(b) Agreements are concluded between the authorities of a force and the German authorities concerning the designation and use of a road network reserved for the military traffic of vehicles and trailers whose dimensions, load by axle, total weight or number exceed the limits prescribed by German traffic regulations. The traffic of such vehicles and trailers on roads other than those of the so-called network is carried out only with the authorization of the competent German authorities. In the event of accidents, disasters, a state of emergency or after agreement between the authorities concerned, the authorization of the competent German authorities is not necessary. "
4. Paragraph 5 is replaced by the following paragraph:
« 5. The authorities of the State of origin observe the fundamental German provisions concerning the safety of transport. As part of these, they may apply their own standards for the characteristics, construction, and equipment of vehicles, trailers, river buildings or aircraft. The German authorities and the force authorities cooperate closely in the application of this provision. »
5. Paragraph 7 is deleted.
Rule 39
Article 60 of the Comprehensive Agreement is amended to read:
1. The introductory sentence of paragraph 2 and subparagraphs (a) and (e) are replaced by the introductory sentence and the following paragraphs:
« 7. A force may, to the extent required to achieve military purposes, establish, operate and maintain:
(a) telecommunications facilities (except radio facilities) within the real property it uses; »
"(e) telecommunications facilities of any kind used on a temporary basis for military exercises, manoeuvres or urgent necessity, in accordance with agreed procedures with the German authorities. »
2. Paragraph 4 (b) is deleted.
3. Paragraph 5 (b) is replaced by the following paragraph:
“(b) A force, civilian element, their members and their dependants may establish and operate broadcasting and television receivers without being subject to any individual tax or authorization, provided that they do not cause electromagnetic interference to radiocommunication services. »
4. Paragraph 7 is replaced by the following paragraph:
« 7. (a) Forced telecommunications facilities may be connected to the public telecommunications networks of the Federal Republic.
(b) Force telecommunications facilities intended to be connected to the public telecommunications networks of the Federal Republic, as well as radiocommunication facilities, must comply with the essential requirements of German regulations. The remaining features are to be taken into account as a transitional measure. The transition period will not expire without mutual agreement between the German forces and authorities.
(c) Exceptions to the principle referred to in paragraph (b) above may not be granted:
(i) that for telecommunications facilities already in force at the entry into force of the Agreement of 18 March 1993 amending this Agreement or for which the supply procedure is already underway, or
(ii) pursuant to specific agreements between force and the Federal Minister of Post and Telecommunications.
Liability issues arising from these exceptions must be resolved in accordance with existing agreements. »
5. Paragraph 8 (a) is replaced by the following paragraph:
“8. (a) A force shall take into account, for the establishment and operation of the telecommunications facility, the provisions of the Nairobi International Telecommunications Convention, entered into on 6 November 1982, or any instrument that might replace it, as well as other international instruments linking the Federal Republic in the field of telecommunications.
6. Paragraph 10 is replaced by the following paragraph:
“10.” In the interpretation of this article, the interests of force are defended, at his request, by the Federal Minister of Post and Telecommunications as part of his competence. "
Rule 40
The Signature Protocol to the Comprehensive Agreement on Article 60 is amended to read:
1. Paragraph 1^er is deleted.
2. Paragraph 3 is deleted.
3. Paragraph 5 is replaced by the following paragraph:
« 5. (a) A force uses only the frequencies assigned to it by the German authorities. The authorities of the force inform the German authorities of the frequencies they no longer need. When due to obligations or international relations, or major German interests, the German authorities consider it necessary to change or withdraw an already assigned frequency, they consult the authorities of the force beforehand.
(b) The procedure for the assignment, change or withdrawal of frequencies and the accelerated procedure for the assignment of frequencies to be used temporarily in manoeuvring times shall be determined by special agreement between the German federal authorities and the force authorities represented in the Advisory Working Group for Radio Frequencies or the subsequent organ of the latter. This agreement is concluded in accordance with applicable procedures, guidelines and recommendations of the North Atlantic Treaty Organization.
(c) In consultation with the Federal Minister of Defence, the force concerned ensures that the necessary measures are taken to enable the competent authority of the North Atlantic Treaty Organization to ensure the protection of frequencies. Frequency protection measures by other international organizations, in particular the International Telecommunication Union (ITU), are taken by the German authorities only at the request of the authorities of the force concerned.
(d) The German authorities provide other services or organizations with information on the frequencies used by force only with the consent of the authorities of the force.
(e) When the radiocommunication services of a force cause harmful interference for radiocommunication services located outside the federal territory, or when they are themselves disturbed by interference due to the latter, the German authorities act in accordance with the provisions of the current International Telecommunications Convention and the Radiocommunication Regulations. »
4. Paragraph 6 is deleted.
Rule 41
The Signature Protocol relating to Article 63 of the Comprehensive Agreement is amended to read:
1. Items (ii) and (iv) of paragraph 8 (a) are replaced by the following:
"(ii) sewage disposal and waste removal;
(iv) the collection of chimneys and the measures related to the protection against nuisance in relation to the use by force of combustion plants. »
2. After paragraph 8, the following paragraph 8 bis is introduced:
"8bis. (a) Other operating expenses within the meaning of paragraph (d) of section 63, paragraph 4, shall include common charges relating to measures to prevent any material damage to the environment taken within real property.
(b) The force or civilian element shall bear, in accordance with this paragraph, the costs resulting from operations to detect, assess and remedy the pollution of hazardous substances caused by it and exceeding the legal standards in force at the time of these operations. These costs are to be determined under German law under paragraph 1^er section 53 or, where the conditions are met, in accordance with sections 41 or 52. The authorities of the force or its civil component support these costs as quickly as the availability of funds and public accounting procedures of the State of origin permit.
(c) In the event of disagreement with the application of this paragraph at certain costs, the authorities of the force or the civil element will begin consultations with the German authorities; where necessary, they may enter into separate agreements relating to paragraph 1^er of this Section. "
Rule 42
Article 67 of the Comprehensive Agreement is amended to read:
1. Items (i) and (ii) of paragraph (a) of paragraph 3 are replaced by the following points (i) and (ii):
“3. (a) (i) Supplies and other benefits made on behalf of a force or civilian element, which are ordered by an official purchase service of the force or civilian element and which are intended to be used or consumed by force, civilian element, members or dependants, shall be granted the tax privileges listed in points (ii) and (iv) of this paragraph. Tax privileges must be taken into account in calculating the price.
(ii) Supplies and other benefits on behalf of a force or civilian element are exempt from revenue tax. This exemption does not apply to the delivery of unbuilt and built real property and to the construction of buildings when these transactions are intended for the private needs of members of the force, the civil element or dependants. »
2. Paragraph 3 (a) (iii) is deleted.
3. Item (iv) of paragraph 3 (a) is replaced by the following item (iv):
“3. (iv) Goods in free practice provided to a force or civilian element are entitled to the tax privileges provided for in the case of export, by customs and consumer taxes legislation. »
Rule 43
Article 71 of the Comprehensive Agreement is amended to read:
Paragraph 3 is replaced by the following paragraph:
“3. In the light of their activities as non-profit organizations, the organizations referred to in paragraphs 2 and 3 of the Signing Protocol section referring to this article are not subject to the German requirements for commercial and professional activities (Handel und Gewerbe), as these requirements would otherwise apply to them. However, the legislative provisions on occupational health, health and safety (Arbeitsschutzrecht) are applicable subject to the section of the Signature Protocol referring to this article. »
Rule 44
The Signing Protocol to the Comprehensive Agreement on Article 71 is amended to read:
Following paragraph 5, the following paragraph 6 shall be introduced:
« 6. When applying the legislation on occupational health, health and safety, it is applied:
(a) Article 53, paragraphs 3 and 4, as well as paragraphs 5 and 6 of the Signature Protocol Section referring to Article 53, in particular on matters of cooperation;
(b) paragraph 4bis of the section of the Signature Protocol referring to Article 53, in particular for assistance matters, including access to real property; and
(c) section 53A, in particular for administrative decisions. »
Rule 45
Article 72 of the Comprehensive Agreement is amended to read:
Paragraph 1 (b)^er is replaced by the following paragraph:
"(b) are not subject to the German requirements for commercial and professional activities outside the occupational health, health and safety requirements (Arbeitsschutz). »
Rule 46
The Signature Protocol relating to Article 72 of the Comprehensive Agreement is amended to read:
Following paragraph 2, paragraph 3 was introduced:
“3. Within the limits imposed by their obligations and by using their discretion, the competent German authorities grant to the Organizations which are located within the facilities made available to the force for its exclusive use of exceptions in accordance with the legislation on occupational health and safety (in particular paragraph 3 of the provisions on the prevention of accidents "Allgemeine Vorschriften"). "
Rule 47
Article 76 of the Comprehensive Agreement is deleted.
Rule 48
Article 77 of the Comprehensive Agreement is deleted.
Rule 49
Article 79 of the Comprehensive Agreement is deleted.
Rule 50
Following Article 80 of the Comprehensive Agreement, the following Article 80A is introduced:
“Article 80A
1. If a dispute arises with respect to the interpretation or application of this Agreement, and if no particular procedure is provided, the Contracting Parties directly concerned shall endeavour to resolve the dispute through consultations at the lowest appropriate level. A dispute that cannot be resolved at this level may be submitted to competent military or civilian authorities for settlement purposes.
2. (a) If the dispute is not resolved in accordance with paragraph 1^er of this Article within fifteen days, any Party directly concerned may request that an Advisory Commission be established to propose acceptable solutions to the Parties directly concerned. The Advisory Commission shall be constituted and shall meet once within a period not exceeding ten days after the application. The Advisory Commission shall issue its final recommendations no later than sixty days after its first meeting.
(b) The Advisory Commission is composed of an adequate number of members representing the Parties directly concerned. When a dispute is a party, the Federal Republic has the right to appoint as many members as all members designated by the other Parties to the dispute. The Advisory Commission may invite external conciliators to advise the Commission. The Advisory Commission requires, at the request of one of its members, the informed opinion of any appropriate personality or organization, such as the North Atlantic Treaty Organization, the Western European Union or the Organisation for Economic Cooperation and Development, whose recommendations are transmitted and maintained confidential.
3. As a first step in its work, the Advisory Commission recommends that the Parties concerned, where appropriate, adopt interim provisions pending a settlement of the dispute. However, these interim measures do not affect the respective positions of the Parties or the final settlement of the dispute. If the members of the Consultative Commission cannot agree on such interim measures within the time limit, the issue of interim measures shall be referred to the competent authorities at the ministerial level if necessary.
4. The final solution recommended by the Consultative Commission shall be implemented by the Parties directly concerned, unless objections were issued within fifteen days by one or more of them. In the event of an objection, or if the members of the Advisory Commission are unable to agree on final recommendations within the time limit, the matter is submitted to the diplomatic bodies for a speedy settlement of the dispute.
5. Pending the final settlement of the dispute, none of the Parties shall act in such a way as to affect the essential interests of any other Party directly concerned, including the interests that may be highlighted by the State of residence.
Rule 51
Article 81 of the Comprehensive Agreement is replaced by the following article:
“Article 81
Any Party with stationed forces may, after consultation with other Contracting Parties, withdraw from this Agreement on written notice of two years. The Federal Republic may, after consultation with other Contracting Parties, terminate this Agreement with respect to one or more parties on written notice of two years. "
Rule 52
1. This Agreement shall be ratified or approved. Instruments of ratification or approval shall be deposited by the signatory States to the Government of the United States of America which shall notify the date of such deposits to each signatory State.
2. This Agreement shall enter into force thirty days after the date of deposit of the last instrument of ratification or approval.
3. This Agreement shall be deposited in the archives of the Government of the United States of America which shall issue certified copies in accordance with each signatory State.
The undersigned plenipotentiaries, duly authorized for this purpose, have signed at the bottom of this Agreement.
Done in Bonn on 18 March 1993, in a single original copy, in German, English and French, the three versions being equally authentic.
For the Kingdom of Belgium
For the Federal Republic of Germany
For the French Republic
For Canada
For the Kingdom of the Netherlands
For the United Kingdom of Great Britain
and Northern Ireland
For the United States of America

Agreement Amending the Protocol of Signature to the Agreement of 3 August 1959 as amended by the Agreements of 21 October 1971 and 18 May 1981 supplementing the Convention between the States Parties to the North Atlantic Treaty on the Status of their Forces, with respect to the Foreign Forces stationed in the Federal Republic of Germany
The Federal Republic of Germany, the Kingdom of Belgium, Canada, the United States of America, the French Republic, the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland
agreed that:
Article 1^er
The Protocol of Signature ad article 56, paragraph 9, of the Agreement of 3 August 1959 amended by the Agreements of 21 October 1971 and 15 May 198I, without prejudice to the Agreement signed on 18 March 1993 supplementing the Convention between the States Parties to the North Atlantic Treaty on the Status of their Forces, with respect to the Foreign Forces stationed in the Federal Republic of Germany, is amended to take effect on 22 January 1991:
The first sentence of paragraph 1^er is as follows:
“1. are considered as services, within the meaning of the Federal Staff Representation Act (Bundespersonalvertretungsgesetz) of March 15, 1974 (Bundesgesetzblatt 1974 Teil 1, S. 93) and subsequent amendments, including the last amendment of January 16, 1991 (Gesetz über die Beteiligung der Soldaten und der Zivildienstleistend "
Article 2
1. This Agreement shall be ratified or approved. Instruments of ratification or approval shall be deposited by the signatory States to the Government of the United States of America which shall notify the date of such deposits to each signatory State.
2. This Agreement shall enter into force thirty days after the date of deposit of the last instrument of ratification or approval.
3. This Agreement shall be deposited in the archives of the Government of the United States of America which shall issue certified copies in accordance with each signatory State.
The undersigned plenipotentiaries, duly authorized for this purpose, have signed at the bottom of this Agreement.
Done in Bonn on 16 May 1994, in a single original copy in German, English and French, the three versions being equally authentic.
For the Kingdom of Belgium
For the Federal Republic of Germany
For the French Republic
For Canada
For the Kingdom of the Netherlands
For the United Kingdom of Great Britain
and Northern Ireland
For the United States of America

Agreement, made in Bonn on 18 March 1993, amending the agreement of 3 August 1959 amended by the agreements of 21 October 1971 and 18 May 1981 supplementing the agreement between the States parties to the North Atlantic Treaty on the status of their forces with respect to the foreign forces stationed in the Federal Republic of Germany.
LIST OF LIES
For the consultation of the table, see image
(1) For the Kingdom in Europe.

Accord, fait à Bonn le 16 mai 1994, amendant le protocole de signature à l' accord du 3 août 1959 modifié par les accords du 21 octobre 1971 et du 18 mai 1981 compléterant la convention entre les Etats parties au Traité de l'Atlantique Nord sur le statut de leurs forces en ce qui concerne les forces étrangères stationées en République fédérale d'Allemagne.
LIST OF LIES
For the consultation of the table, see image
(1) for the Kingdom in Europe
This Agreement has not yet entered into force. The effective date will be published later.