Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 2007-1476 of 17 October 2007 authorizing the approval of the protocol on the amendment of the agreement establishing an International Commission for the International Research Service;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 2007-342 of 13 March 2007 issuing the legal status agreement of the international research service in Arolsen, signed in Bonn on 15 July 1993,
Decrete:
The Protocol on the Amendment of the Agreement establishing an International Commission for the International Research Service, signed in Bonn on 6 June 1955 (agreement and protocol), adopted in Berlin on 26 July 2006, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
P R O T O C O L E
SUR LA MODIFICATION DE L'ACCORD INSTITUANT A COMMISSION INTERNATIONALE POUR LE SERVICE INTERNATIONAL DE SEARCH, SIGNÉ À BONN le 6 JUIN 1955 (ENSEMBLE AGREEMENT ET UN PROTOCOLE), ADOPTÉ À BERLIN le 26 JUILLET 2006
The Governments
From the Kingdom of Belgium,
De la République française,
From the Federal Republic of Germany,
From the Hellenic Republic,
From the State of Israel,
From the Italian Republic,
From the Grand Duchy of Luxembourg,
From the Kingdom of the Netherlands,
of the Republic of Poland,
United Kingdom of Great Britain and Northern Ireland
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
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;
"Considering that the Governments believe 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, paragraph (a):
", including access by researchers to the archives and documents retained by this service in Bad Arolsen. »
Article III
An article 8 bis will be added:
"Art. 8 bis. - a. Each Government will receive a single copy of the archives and documents of the International Research Service upon request.
Each Government may make such records 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 enter into force on the date on which all Contracting Governments have informed the Government of the Federal Republic of Germany that the necessary national procedures at the entry into force are 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, in a single copy 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 United Nations Secretary-General for registration in accordance with Article 102 of the Charter of the United Nations.
A C C O R D
THE GOVERNMENT OF BELGIUM, OF THE FRANÇAISE REPUBLIC, OF THE FÉDÉRALE REPUBLIC OF GERMANY, OF THE ISRAEL ASSISTANCE, OF THE INTERNATIONAL ITALIAN REPUBLIC, OF LUXEMBOURG, OF THE UNITED NATIONS
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 accessible to Governments and interested 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 as a result of the Second World War;
CONSIDERING that the Allied High Commission for Germany has assumed responsibility for the operations of the International Research Service, whose administration of the United Nations for relief and restoration (UNRRA) and the International Refugee Organization had previously been entrusted;
CONSIDERING that pursuant to Article 1 (d) of Chapter VII of the Convention on the Settlement of Matters arising from War and Occupation (as amended in accordance with Annex IV of the Protocol on the Cessation of the Occupation Regime in the Federal Republic of Germany, signed in Paris on 23 October 1954) the Government of the Federal Republic of Germany has committed to ensuring the continuation of the operations currently carried out by the International Service
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 relating to the continuation of the operations of the International Research Service, have decided that, by initial application of Article 1 (d) Chapter VII of the aforementioned Convention, the responsibility
DESIRING to maintain international collaboration in this area, 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,
AGAINST WHO ITS:
Article 1
(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 Chairman 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 Western European Union, 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 sixty 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 thirty days at the request of two of her members or the Secretary General of the Western European Union or the International Committee of the Red Cross.
(d) Except as expressly agreed or determined 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 itself gives its rules, provided that it is not already established.
Article 2
(a) The International Commission is responsible for ensuring, in matters relating to the International Research Service, coordination among 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 forwarded 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 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 "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 to amend 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
Les Organisations non gouvernementales portant un intérêt biendefined aux activités du Service international de recherches pourront soumettre à la Commission internationale des suggestions et être invitées par la Commission internationale à participer aux deliberations de la Commission portant sur ces suggestions, et dans les conditions que la Commission fixa.
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 Agreements 1
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 the membership and desire for participation. 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 Western European Union; an original copy will be transmitted 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. No later than four years after the entry into force of this Agreement, the Governments Parties to this Agreement shall consult on its continuation or amendment.
IN WITNESS WHEREOF, the Plenipotentiaries have adopted this Agreement with 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.
Protocol
on the extension and amendment of the Agreement on Relations between the International Commission for the International Research Service and the International Committee of the Red Cross.
The President of the International Commission for the International Research Service, authorized to act on behalf of the Governments members of this Commission, namely: the Kingdom of Belgium, the French Republic, the Federal Republic of Germany, the Kingdom of Greece, the State of Israel, the Republic of Italy, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Ireland, the United States and the United States of America
on the one hand,
and the International Committee of the Red Cross,
on the other hand,
Desirous of extending and amending the Agreement on Relations between the International Commission for the International Research Service and the International Committee of the Red Cross, concluded in Bonn on 6 June 1955,
AGAINST WHO ITS:
Article I
Subject to the following provisions, the validity of the Agreement of 6 June 1955 on Relations between the International Research Service Commission and the International Committee of the Red Cross (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 preriode, the Governments Parties to this protocol will consult on the extension or amendment of the Agreement.
Article II
In Article 3 of the Agreement, "United Nations High Commissioner for Refugees" will be added to the words "or any other United Nations institution that would succeed him in carrying out his duties as international refugee protection".
Article III
The following article will be substituted for Article 4 of the Agreement:
“Article 4
The main task of the International Research Service is to provide individuals directly concerned with individual information, from its archives and documents and for humanitarian purposes. This information will be provided free of charge upon request and by appropriate channels. This information will be – for the same purposes – also made available to members of the International Commission, liaison officers appointed by the Governments represented in the International Commission, and the United Nations High Commissioner for Refugees, or any other United Nations institution that would succeed him in the exercise of his functions of international protection of refugees, as well as, after unanimous agreement of the International Commission and with the approval of the International Committee of the Red Cross »
Article IV
The article below will be substituted for Article 6 of the Agreement.
“Article 6
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 hand, the three Governments will have a copy of the original Agreement with the the second copy will be submitted 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 its mandate on the International Research Service. The Director of the International Research Service will ensure the ongoing updating of this inventory. »
Article V
Article 8 of the Agreement is deleted.
Article VI
The following article will be replaced by Article 9 of the Agreement:
“Article 9
(a) The International Committee of the Red Cross will report to the International Commission semi-annually, or more frequently, if necessary, on the activities of the International Research Service.
(b) Following the agreement of the International Commission, the International Committee of the Red Cross will provide a draft annual budget to the Government of the Federal Republic of Germany for 1 March of each year. The International Commission will receive from the International Committee of the Red Cross a copy of the annual account of the various expenses and revenues for the previous fiscal year, which will be submitted to the Government of the Federal Republic of Germany on February 1 of each year. »
Article VII
This protocol will enter into force on 5 May 1960.
IN WITNESS WHEREOF the undersigned Plenipotentiaries have covered this protocol of their signatures.
Done in Bonn and Geneva on 30 September and 7 October 1960 in the English, German and French languages, the three texts being equally authentic, in a single copy to be deposited in the archives of the International Committee of the Red Cross. The International Committee of the Red Cross shall transmit a certified copy to each Government represented in the International Commission or having agreed to be a member of that Committee.
Done in Paris on 2 May 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
