Contract between the Federal Republic of Germany and the German Democratic Republic on the production of the unity of Germany (unification treaty)

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United Vtr

Date of completion: 31.08.1990

Full quote:

" Unification contract of 31 August 1990 (BGBl. 1990 II p. 889) "

Status:

Last adapted by Art. 1 G v. 21.1.2013 I 91

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 29.9.1990 + + +) 

  

G v. 23.9.1990 II 885
In effect. Bek. v. 16.10.1990 II 1360 mWv 29.9.1990 Unofficial table of contents

Input formula

The Federal Republic of Germany and the German Democratic Republic-
Determined to complete the unity of Germany in peace and freedom as an equal member of the international community in free self-determination,
Based on the desire of the people in both parts of Germany to live together in peace and freedom in a state-run, democratic and social state,
In thankful respect for those who, in a peaceful manner, have made a breakthrough in freedom, who have unleaned and complete the task of producing the unity of Germany,
aware of the continuity of German history and bearing in mind the special responsibility of our past for a democratic development in Germany, which is committed to respect for human rights and peace remains,
in an effort to make a contribution to the unification of Europe and to the establishment of a European peace order through the German unity, to no longer separate borders and to live together in a spirit of trust for all European peoples. ,
Aware that the inviolability of the borders and the territorial integrity and sovereignty of all States in Europe is a fundamental condition for peace,
have agreed to conclude a contract for the production of the unity of Germany with the following provisions:

Chapter I
Effect of accession

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Art 1 Countries

(1) With the effective date of accession of the German Democratic Republic to the Federal Republic of Germany pursuant to Article 23 of the Basic Law, 3. The Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia are the countries of the Federal Republic of Germany in October 1990. The provisions of the Constitutional Law on the formation of countries in the German Democratic Republic of July 22, 1990-Land introduction Act-(GBl) are for the formation and the borders of these countries. 955) according to Annex II. (2) The 23 districts of Berlin form the Land of Berlin. Unofficial table of contents

Art 2 Capital, Day of German Unity

(1) Capital of Germany is Berlin. The question of the seat of Parliament and the government will be decided after the unification of Germany. (2) The 3. October is the Day of the German Unity of Public Holidays.

Chapter II
Basic law

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Art 3 Entry into force of the Basic Law

With the effective date of accession, the Basic Law for the Federal Republic of Germany appears in the adjusted version published in the Federal Law Gazette III, No. 100-1, as last amended by the Law of 21 December 1983 (BGBl. 1481), in the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, and in the part of the Land of Berlin, where it has not previously been the case, with the changes resulting from Article 4 in force, to the extent that this Treaty nothing else is determined. Unofficial table of contents

Article 4 Accession-related amendments to the Basic Law

The Basic Law for the Federal Republic of Germany is amended as follows:

1.

The preamble is as follows: " In the consciousness of its responsibility before God and the people, possessed by the will to serve as an equal member in a united Europe to serve the peace of the world, the German people have become the power of their The Germans in the federal states of Baden-Württemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Mecklenburg-Western Pomerania, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony, Germany, Saxony-Anhalt, Schleswig-Holstein and Thuringia have free Self-determination the unity and freedom of Germany are completed. This is the basic law for the whole of the German people. "

2.

Article 23 shall be repealed.

3.

Article 51 (2) of the Basic Law is read as follows: " (2) Each country has at least three votes, countries with more than two million inhabitants have four, countries with more than six million inhabitants five, countries with more than seven million Residents six votes. "

4.

The previous text of Article 135a will be paragraph 1. In accordance with paragraph 1, the following paragraph is added: " (2) Paragraph 1 shall apply to liabilities of the German Democratic Republic or its entities, as well as to liabilities of the Federal Government or other entities and institutions. of public law related to the transfer of assets of the German Democratic Republic to the federal government, countries and municipalities, and to liabilities arising from measures taken by the German Democratic Republic or its Legal entities are based. "

5.

The following new Article 143 is inserted in the Basic Law:

" Article 143

(1) The law in the territory referred to in Article 3 of the Treaty of Accession may, at the latest until 31 December 1992, derogate from the provisions of this Basic Law, to the extent and as long as, as a result of the different circumstances, the total adjustment to the territory of the territory of the Member States the basic legal order cannot be reached yet. Derogations may not be contrary to Article 19 (2) and must be compatible with the principles set out in Article 79 (3). (2) Derogations from Sections II, VIII, VIIIa, IX, X and XI shall be at the latest until 31 December 1995. (3) Independence of paragraphs 1 and 2, Article 41 of the agreement and regulations relating to its implementation shall continue to apply in so far as they provide that interference in the ownership of the territory referred to in Article 3 of this Treaty shall no longer apply: reverse. "

6.

Article 146 shall be taken as follows:

" Article 146

This Basic Law, which applies to the entire German people after the completion of the unity and freedom of Germany, loses its validity on the day on which a constitution enters into force, which is decided by the German people in a free decision. "

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Art 5 Future constitutional amendments

The Governments of the two parties recommend the legislative bodies of the united Germany to change or supplement the questions raised in the context of German unification within two years. Basic law, in particular:

-

with regard to the relationship between the Federal Government and the Länder, in accordance with the joint decision of the Prime Ministers of 5 July 1990,

-

as regards the possibility of a restructuring of the Berlin/Brandenburg area by way of derogation from the provisions of Article 29 of the Basic Law by means of an agreement between the countries concerned,

-

with the consideration of the inclusion of state target provisions in the Basic Law and

-

with the question of the application of Article 146 of the Basic Law and in the context of a referendum.

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Art 6 Exception

Article 131 of the Basic Law shall not be put into effect for the time being in the territory referred to in Article 3. Unofficial table of contents

Art 7 Financial Regulation

(1) The financial constitution of the Federal Republic of Germany shall extend to the territory referred to in Article 3, unless otherwise provided in this Treaty. (2) For the distribution of the tax revenue to the Federal Government and to the Länder and municipalities. (municipal associations) in the territory referred to in Article 3, the provisions of Article 106 of the Basic Law shall apply with the proviso that:

1.

until 31 December 1994, the fourth sentence of paragraph 3 and paragraph 4 shall not apply;

2.

until 31 December 1996, the share of the municipalities in the revenue of the income tax under Article 106 (5) of the Basic Law from the Länder to the municipalities not on the basis of the income tax benefit of their inhabitants, but on the basis of the the number of inhabitants of the municipalities;

3.

by 31 December 1994, by way of derogation from Article 106 (7) of the Basic Law, an annual percentage of the total amount of Community taxes and the total amount of national taxes on the total income of Community taxes (municipal associations) of the total amount of the Community taxes at least 20 of the hundred and the share of the country from the funds of the Fund "German Unity" referred to in paragraph 5 (1) shall be subject to an annual percentage of 40 of the hundred.

(3) Article 107 of the Basic Law shall apply in the territory referred to in Article 3, provided that, until 31 December 1994, the provisions of the territory of the Federal Republic of Germany and of the countries referred to in Article 3 shall be regulated by the territory of the Member States referred to in Article 3. Paragraph 1, sentence 4, shall not be applied and an overall German financial compensation (Article 107 (2) of the Basic Law) shall not take place. The total German share of the turnover tax is thus divided into an East and West share so that, as a result, the average VAT share per inhabitated in the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia in the years

1991	55 of the hundred
1992	60 of the hundred
1993	65 of the hundred
1994	70 of the hundred

of the average turnover tax share per inhabitantin the countries of Baden-Württemberg, Bavaria, Bremen, Hesse, Hamburg, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein. The share of the Land Berlin will be calculated in advance according to the number of inhabitants. The provisions of this paragraph shall be reviewed for 1993 in the light of the circumstances which exist. (4) The area referred to in Article 3 shall be included in the provisions of Articles 91a, 91b and 104a (3) and (4) of the Basic Law, including the (5) After the establishment of the German unit, the annual benefits of the "German Unity Fund" fund shall be included in the

1.

85 of the hundred as special assistance to the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, as well as to the Land of Berlin in order to meet their general financial needs, and to these countries in proportion to their Number of inhabitants distributed without taking into account the population of Berlin (West), and

2.

15 of the hundreds used to carry out central public tasks in the territory of the aforementioned countries.

(6) In the event of a fundamental change in circumstances, the possibilities of further assistance for the appropriate balance of financial power for the countries in the territory of the Federal Government and the Länder referred to in Article 3 shall be jointly examined.

Chapter III
Approximation of laws

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Art 8 Überleitung von Bundesrecht

With the effective date of accession, federal law shall enter into force in the territory referred to in Article 3, insofar as it is not limited in its scope to certain countries or parts of the Federal Republic of Germany and to the extent that the territory of the Federal Republic of Germany is limited to certain countries or parts of The contract, in particular its Annex I, shall not be determined otherwise. Unofficial table of contents

Art 9 Continuing law of the German Democratic Republic

(1) The law of the German Democratic Republic in force at the time of the signing of this Treaty, which is the law of the Land according to the law of competence of the Basic Law, shall remain in force insofar as it is subject to the Basic Law without taking into account the Article 143, which is compatible with the law of the European Communities referred to in Article 3 and is compatible with the law of the European Communities which is directly applicable, and shall not be determined otherwise in this Treaty. The law of the German Democratic Republic, which is governed by the Code of Competence of the Basic Law and does not affect articles that are not uniformly regulated, shall be governed by the conditions set out in the first sentence of sentence 1, until such time as the rules are met by the (2) The law of the German Democratic Republic listed in Annex II shall remain in force with the measures referred to therein, in so far as it is under the Basic Law, taking into account the provisions of this Treaty and with the provisions of the Basic Law. is compatible with the law of the European Communities. (3) Signature of this Treaty of the German Democratic Republic shall remain in force, provided that it is agreed between the Contracting Parties. Paragraph 2 shall remain unaffected. (4) As far as the law in accordance with paragraphs 2 and 3 applies, subject to the exclusive legislation of the federal government, it shall be deemed to be a federal law. Insofar as it concerns objects of the competing legislation or the framework legislation, it shall be deemed to be a federal law if and insofar as it relates to subject areas which are governed by federal law in the rest of the scope of the Basic Law. (5) The church tax law issued in accordance with Annex II by the German Democratic Republic shall continue in the countries referred to in Article 1 (1) as national law. Unofficial table of contents

Art 10 Law of the European Communities

(1) With the effective date of accession, in the territory referred to in Article 3, the Treaties relating to the European Communities shall apply, together with amendments and additions, as well as to international agreements, contracts and decisions relating to: (2) The acts adopted on the basis of the Treaties relating to the European Communities shall apply, with the effect of accession, in the territory referred to in Article 3, unless the competent authorities of the Member States concerned have Institutions of the European Communities derogations. These derogations are intended to take account of administrative needs and to avoid economic difficulties. (3) Acts of the European Communities, their implementation or implementation in the competence of the countries , they shall be implemented or implemented by national law.

Chapter IV
Treaties and agreements under international law

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Art 11 Contracts of the Federal Republic of Germany

The Contracting Parties shall assume that international agreements and agreements to which the Federal Republic of Germany is a party, including such contracts, membership in international organizations, or Institutions shall retain their validity and shall also apply to the territory referred to in Article 3 the following rights and obligations, with the exception of the contracts referred to in Annex I. To the extent that adaptations are required in individual cases, the German Government will consult with the respective contractual partners. Unofficial table of contents

Art 12 Contracts of the German Democratic Republic

(1) The Contracting Parties agree that the international treaties of the German Democratic Republic in the course of the production of the unity of Germany from the point of view of the protection of legitimate expectations, the interests of the parties involved, States and the contractual obligations of the Federal Republic of Germany, as well as the principles of a free, democratic and constitutional system of law, and having regard to the powers of the European Communities with the are to be discussed by contractors of the German Democratic Republic, (2) The united Germany lays down its position on the transition under international law treaties of the German Democratic Republic after consultation with the respective countries of the German Democratic Republic (DPRD). (3) The United Kingdom intends to enter into international organisations or other multilateral treaties to which the German authorities are responsible, and which are responsible for the Democratic Republic, but not the Federal Republic of Germany , the agreement shall be established with the agreement of the parties concerned and with the European Communities, insofar as their powers are affected.

Chapter V
Public administration and administration of justice

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Type 13 Transition of facilities

Administrative bodies and other bodies serving the public administration or the administration of justice in the territory referred to in Article 3 shall be subject to the Government of the country in which they are situated. Institutions with a transnational sphere of action go into the joint sponsorship of the countries concerned. To the extent that devices consist of a number of sub-devices which can carry out their tasks independently, the subunits are each subject to the government of the country in which the sub-installation is located. The state government regulates the transfer or settlement. Article 22 of the Law on the Land Law of 22 July 1990 shall remain unaffected. (2) Insofar as the bodies or sub-bodies referred to in the first sentence of paragraph 1 have fulfilled the tasks of the accession of the European Union until the date of entry into force of the Act of Accession, the The Basic Law is to be exercised by the Federal Government, they are subject to the competent supreme federal authorities. These rules shall govern the transfer or settlement. (3) The bodies referred to in paragraphs 1 and 2 shall also include:

1.

Cultural, educational and scientific institutions and sport,

2.

Radio and television equipment,

the legal entity of which is the public administration. Unofficial table of contents

Art 14 Common institutions of the countries

(1) Institutions or parts of bodies which, until the date of entry into effect, have fulfilled tasks which are to be carried out by the countries in accordance with the rules of competence of the Basic Law, shall be replaced by the provisions of Article 1 until the definitive arrangements have been made. (1) as common bodies of the countries. This applies only to the extent to which the transitional continuation is indispensable for the performance of the tasks of the Länder. (2) The joint bodies of the Länder are under the authority of the State Plenipotentiary until the election of the Prime Ministers of the Länder. After that, they are under the prime minister. These may be entrusted to the competent State Minister. Unofficial table of contents

Type 15 Transitional arrangements for the management of the country

(1) The Landesspokespersons in the countries referred to in Article 1 (1) and the Government Plenipotentiaries in the districts shall carry out their duties to date from the effective date of accession until the election of the Prime Ministers in the responsibility of the Federal Government is true and subject to its instructions. The Landesspokesman, acting as a national representative, manages the administration of her country and has a right of instruction to the district administrative authorities and, in the case of delegated tasks, also to the municipalities and counties. To the extent that, in the countries referred to in Article 1 (1), until the date of the accession of the State Commissioner, they have been appointed, they shall carry out the duties and powers of the national spokesperson referred to in the first and second sentences. (2) The other countries and the (3) At the request of the Prime Ministers of the countries referred to in Article 1 (1), the other countries and the Federal Government provide administrative assistance in carrying out certain technical tasks, and although not later than 30 June 1991. To the extent that places and members of the Länder and the Federal Government provide administrative assistance in carrying out specialist tasks, the Prime Minister shall grant them a right of instruction. (4) As far as the Federal Government provides administrative assistance in the implementation of It also provides the necessary budgetary resources to carry out the technical tasks. The funds used will be charged with the share of the respective country in the performance of the "German unit" fund or on the import-sales tax. Unofficial table of contents

Type 16 Transitional provision pending the formation of a national government in the whole of Berlin

Until the formation of a federal state government, the Senate of Berlin, together with the magistrate, is responsible for the tasks of the national government of the whole of Berlin. Unofficial table of contents

Art 17 Rehabilitation

The Parties reaffirm their intention to establish without delay a legal basis for the rehabilitation of all persons who are victims of a politically motivated prosecute or otherwise of a rule of law, and unconstitutional court decision. The rehabilitation of these victims of the SED-injustice regime is to be combined with an appropriate compensation scheme. Unofficial table of contents

Art 18 Continuation of judicial decisions

1. Decisions taken by the courts of the German Democratic Republic shall remain effective before the date of accession to the effect of accession and may be enforced in accordance with the law laid down in accordance with Article 8 or in accordance with Article 9. . According to this right, a review of the compatibility of decisions and their enforcement is also governed by the principles of the rule of law. Article 17 shall remain unaffected. (2) (not to be applied) Unofficial table of contents

Art 19 Continuation of decisions of the public administration

Administrative acts of the German Democratic Republic shall remain effective before the date of entry into force of the accession. They may be repealed if they are incompatible with the principles of the rule of law or with the provisions of this Treaty. In addition, the provisions on the stock of administrative acts remain unaffected. Unofficial table of contents

Art 20 Legal relations in the civil service

(1) The transitional arrangements agreed in Annex I shall apply to the legal relationships of members of the public service at the time of accession. (2) The exercise of public functions (powers of public authority within the meaning of Article 33 (4) of the Basic Law is to be transferred as soon as possible. The right of civil servants shall be introduced in accordance with the arrangements laid down in Annex I. Article 92 of the Basic Law shall remain unaffected. (3) Soldatenrecht shall be introduced in accordance with the arrangements agreed in Annex I.

Chapter VI
Public assets and liabilities

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Type 21 Administrative assets

(1) The assets of the German Democratic Republic, which directly serve certain administrative tasks (administrative capacity), shall be federal assets, unless it is determined on the basis of its intended purpose on 1 January 2008. It was mainly intended for administrative tasks to be carried out in accordance with the Basic Law of Länder, Municipalities (municipal associations) or other public administration bodies. To the extent that administrative assets have been mainly used for tasks of the former Ministry of State Security/the Office of National Security, the Treuhandanstalt shall be responsible, unless it is already new after the said date. for social or public purposes. (2) In so far as administrative assets are not federal assets as referred to in paragraph 1, the institution of public administration which, in accordance with the Basic Law, shall be responsible for the (3) assets held by the central government or by the Countries and municipalities (associations of municipalities) have been provided free of charge by another body of public law, are transferred back to this body or their legal successor free of charge; former Wealth becomes federal assets. (4) As far as according to paragraphs 1 to 3 or due to a federal law administrative assets become federal assets, it is necessary for the performance of public tasks to be used in the area referred to in Article 3. This also applies to the use of the proceeds from disposals of assets.

Footnote

(+ + + Art. 21 (3): For application, see § 4 G 105-21 v. 23.6.1993 I 944, 989 + + +) Unofficial table of contents

Art 22 Financial assets

(1) the public assets of entities in the territory referred to in Article 3, including the basic assets and assets in agriculture and forestry, which do not directly serve certain administrative tasks (financial assets); except in the case of social security assets, to the extent that it is not transferred to the Treuhandanstalt, or is transferred by law pursuant to § 1 (1) sentences 2 and 3 of the Treuhandgesetz municipalities, towns or counties, with the effective date of the Accession of the trust administration of the federal government. To the extent that financial assets have been mainly used for tasks of the former Ministry of State Security/the Office of National Security, the Treuhandanstalt shall be responsible, unless it is after the 1. It has already been introduced for new social or public purposes in October 1989. By federal law, the financial assets shall be divided into the federal government and the countries referred to in Article 1 in such a way that the federal government and the countries referred to in Article 1 each receive half of the total asset value. The local authorities (municipal associations) are to be appropriately involved in the country's share. Assets under the federal government shall be used for the performance of public tasks in the territory referred to in Article 3. The distribution of the country share among the individual countries should, in principle, be carried out in such a way that the ratio of the total assets of the assets transferred to each country is the ratio of the population of these countries with the effect of the Accession without taking into account the number of inhabitants of Berlin (West). Article 21 (3) is to be applied accordingly. (2) Until a statutory regulation, the financial assets are administered by the competent authorities, unless the Federal Minister of Finance does not take over the administration by the authorities of the (3) The territorial authorities referred to in paragraphs 1 and 2 shall, on request, give information on and inspection of basic books, basic markets and other transactions concerning assets and assets. , the legal and actual allocation of which shall be between (4) Paragraph 1 does not apply to the fully-owned property used for housing purposes, which is in the legal ownership of the state-owned enterprises of the housing industry. The same applies to fully-owned assets, for which there are already concrete execution plans for objects of housing supply. These assets are transferred into the ownership of the municipalities, with the accrual of the accrued debt and the acquisition of the debt. The local authorities gradually transfer their housing stock to a market-based housing industry, taking social concerns into account. In doing so, privatisation is also to be carried out in an accelerated way in order to promote the formation of individual residential properties. Paragraph 1 shall remain unaffected with regard to the fully-owned housing stock of public bodies, in so far as it is not already covered by Article 21.

Footnote

(+ + + Article 22 (1) sentence 7 and (4): For application, see § 4 G 105-21 v. 23.6.1993 I 944, 989 + + +)
Art. 22 (1) sentence 7 iVm Art. 21 para. 3 semi-sentence 1: In accordance with the decision formula with GG (100-1), according to the decision. BVerfGE v. 11.3.1997 I 1340 (2 BvF 2/95) Unofficial table of contents

Art 23 Debt scheme

(1) With the effective date of accession, the total indebtedness of the republic budget of the German Democratic Republic, which has been accumulated up to that date, shall be taken over by a special fund of the Federal Republic of Germany which has no legal capacity, and which is the Debt service obligations are fulfilled. Special assets are authorized to borrow

1.

for the redemption of debt of special assets,

2.

to cover the cost of interest and borrowing costs incurred,

3.

for the purchase of debt instruments of special assets by way of market care.

(2) The Federal Minister of Finance administers the special assets. Under its name, the special fund can act, sue and be sued under its name in the legal trade. The general place of jurisdiction of the special assets is the seat of the Federal Government. The Federal Government is liable for the liabilities of the special assets. (3) From the date of entry into effect until 31 December 1993, the Federal Government and the Treuhandanstalt will each reimburse half of the interest payments provided by the special fund. The refund shall be made up to the first of the month following the month in which the special fund has provided the benefits referred to in the first sentence. (4) With effect from 1 January 1994, the Federal Government and the countries referred to in Article 1 shall take over and the Treuhandanstalt, the total indebtedness accumulated in the special assets at 31 December 1993, in accordance with the provisions of Article 27 (3) of the Treaty of 18 May 1990 on the creation of a monetary, economic and social union between the Federal Republic of Germany Germany and the German Democratic Republic. The distribution of the debt in detail is determined by special law in accordance with Article 34 of the Law of 25 July 1990 on the Treaty of 18 May 1990 (BGBl. 1990 II p. 518). The shares of the countries referred to in Article 1 in the amount to be taken from the total of the countries referred to in Article 1 shall be equal in proportion to their number of inhabitants at the date of entry into force of the accession without taking account of the (6) The Federal Republic of Germany shall enter into the territory of the German Democratic Republic to the detriment of the German Democratic Republic. (6) The Federal Republic of Germany shall enter into force in the course of the year National budgets until the agreement was reached, guarantees and guarantees. The countries referred to in Article 1 (1) and the Land of Berlin for the part in which the Basic Law has not yet been applied shall apply jointly and severally to the guarantees, guarantees and guarantees transferred to the Federal Republic of Germany A return guarantee of 50 per cent. The amounts of the damage are divided between the countries in proportion to their number of inhabitants at the time of accession, without taking into account the number of inhabitants of Berlin (West). (7) The participation of the German Democratic Republic of the State Bank of Berlin may be transferred to the countries referred to in Article 1. The rights arising from the participation of the German Democratic Republic at the State Bank of Berlin shall be the federal government pending the transfer of the participation pursuant to sentence 1 or a transfer pursuant to sentence 3. Without prejudice to an antitrust investigation, the Contracting Parties shall provide for the possibility that the State Bank of Berlin shall, in whole or in part, be subject to a public-law credit institution in the Federal Republic of Germany or to others. The legal entity will be transferred. If all items or liabilities are not covered by a transfer, the remaining part of the Staatsbank Berlin shall be uncovered. The Federal Government enters into the liabilities arising from the warranty liability of the German Democratic Republic for the Staatsbank Berlin. This shall not apply to liabilities which are justified after the transfer of the participation pursuant to sentence 1 or after a transfer pursuant to sentence 3. Sentence 5 shall apply mutatily to new liabilities justified by the Staatsbank Berlin in liquidate. If the Federal Government is taken up by the guarantee liability, the burden shall be included in the total debt of the republic budget and shall be taken over with the effect of accession into the non-legally-capable special fund under paragraph 1. Unofficial table of contents

Art 24 Unwinding of receivables and liabilities vis-à-vis foreign countries and the Federal Republic of Germany

(1) The settlement of the claims and liabilities still existing at the date of entry into effect of the accession, insofar as they are carried out in the context of the external trade and value monopoly or in the performance of other state functions of the German Democratic Republic until July 1, 1990, the Federal Minister of Finance is responsible for the reasons for the reasons for the reasons for the reasons given to the Federal Republic of Germany and to the Federal Republic of Germany. In rescheduling agreements of the Government of the Federal Republic of Germany, which shall be taken after the date of accession, the claims referred to in the first sentence shall also be included. The Federal Minister of Finance shall administer the claims concerned in a fiduciary capacity or transfer them to the Federal Government to the extent that the claims shall be adjusted. (2) The special assets under Article 23 (1) shall take over until 30 November. In 1993, compared with the institutions responsible for the settlement, the necessary administrative expenses, the interest costs incurred by a difference in interest costs and interest income, as well as the other losses incurred by the institutions during the period of The settlement time shall be incurred in so far as it is not compensated by its own resources can be. After 30 November 1993, the Federal Government and the Treuhandanstalt shall be responsible for the costs, costs and losses of losses referred to in the first sentence of this year. (3) Claims and liabilities arising from the membership of the German Democratic Republic or its institutions in the Council for Mutual Economic Assistance may be subject to the following conditions: separate regulations of the Federal Republic of Germany. These rules may also affect claims and liabilities arising or incurred after 30 June 1990. Unofficial table of contents

Art 25 Trust assets

The law on the privatization and reorganization of the fully-owned property-trust law-of 17 June 1990 (GBl. 300) shall continue to apply with the following conditions: (1) In accordance with the provisions of the Treuhandgesetz (Treuhandgesetz), the Treuhandanstalt will continue to be responsible for structuring the former fully-owned enterprises in a competitive manner; and to privatize. It shall be a federal institution of public law which is legally competent. The Federal Minister of Finance is responsible for the subject and legal supervision of the Federal Minister of Economics and the Federal Minister of Economics and the Federal Minister for Economic Affairs and the Federal Minister for Economic Affairs and the Federal Minister of Economics and the Federal Minister of Economics Holdings of the Treuhandanstalt are indirect participations of the federal government. Amendments to the Articles of Association shall require the approval of the Federal Government. (2) The number of members of the Board of Directors of the Treuhandanstalt will be increased from 16 to 20, for the first Board of Directors to 23. In place of the two representatives elected from the centre of the Volkskammer, the countries referred to in Article 1 shall each be given a seat on the Board of Directors of the Treuhandanstalt. By way of derogation from Section 4 (2) of the Treuhand Act, the Chairman and the other members of the Board of Directors are appointed by the Federal Government. (3) The Contracting Parties confirm that the wholly owned property shall be exclusively and exclusively for the benefit of of measures in the territory referred to in Article 3 shall be used independently of the budgetary support. Accordingly, proceeds from the Treuhandanstalt shall be used in accordance with Article 26 (4) and Article 27 (3) of the Treaty of 18 May 1990. In the context of the structural adjustment of agriculture, proceeds from the Treuhandanstalt can also be used in individual cases for debt relief measures for the benefit of agricultural enterprises. Previously, their own assets should be used. No account shall be taken of the debt to be allocated to the operating parts to be broken down. Aid for debt relief may also be granted on the basis that the undertakings reimburse, in whole or in part, the benefits granted under their economic possibilities. (4) The Treuhandanstalt referred to in Article 27 (1) of the The contract of 18 May 1990 granted authorisations to take credit is increased from a total of up to 17 billion Deutsche Mark to up to 25 billion Deutsche Mark. The above-mentioned loans are generally to be repatriated until 31 December 1995. The Federal Minister of Finance may allow an extension of the running times and, in the case of fundamentally changed conditions, an overshoot of the credit limits. (5) The Treuhandanstalt is authorized, in agreement with the Federal Minister of Finance, to the (6) In accordance with the provisions of Article 10 (6) of the Treaty of 18 May 1990, provision should be made for savings to be made to the savers at a later stage in respect of the conversion of the conversion rate to 2: (7) Until the DM opening balance has been established, the interest and redemption benefits are to be suspended on loans which were received before 30 June 1990. The accrued interest payments are to be reimbursed by Deutsche Kreditbank AG and the other banks by the Treuhandanstalt. Unofficial table of contents

Art 26 Special assets Deutsche Reichsbahn

(1) The property and all other property rights of the German Democratic Republic as well as the wealth in Berlin (West) belonging to the special assets of Deutsche Reichsbahn within the meaning of Article 26 (2) of the Treaty of 18 May 1990 are With the effective date of accession, the Deutsche Reichsbahn assets of the Federal Republic of Germany will become a special asset. This includes all property rights acquired after 8 May 1945 either with funds of the Deutsche Reichsbahn special assets or which have been dedicated to their operations or to that of their predecessor administrations, regardless of the fact for which Legal entities they have been acquired, unless they have been dedicated to a different purpose in the subsequent period with the consent of the Deutsche Reichsbahn. Assets held by the Deutsche Reichsbahn until 31 January 1991 in accordance with Section 1 (4) of the Ordinance on the Application of Property Rights of 11 July 1990 (GBl. No 44 p. 718) shall not be considered as assets which have been dedicated to a different purpose with the consent of the Deutsche Reichsbahn. (2) At the same time, the property rights are related to the liabilities associated with them; and Demands for the special assets of the Deutsche Reichsbahn (German Reichsbahn). (3) The Chairman of the Executive Board of the Deutsche Bundesbahn and the Chairman of the Board of the Deutsche Reichsbahn are responsible for the coordination of the two special assets. In doing so, they have to work towards the goal of bringing the two railways together both technically and organisationally. Unofficial table of contents

Art 27 Special assets Deutsche Post

(1) The property and all other property rights belonging to the special assets of Deutsche Post shall be assets of the Federal Republic of Germany. They will be combined with the special assets of Deutsche Bundespost. At the same time, the liabilities and receivables related to the assets relating to the special assets of the Deutsche Bundespost are simultaneously linked to the property rights. The assets used for the public and political purposes are not part of the special assets of the Deutsche Bundespost with the corresponding liabilities and receivables. The special assets of Deutsche Post also include all property rights which belonged to the special assets of Deutsche Reichspost on 8 May 1945, or which were acquired after 8 May 1945 either with funds from the former special assets Deutsche Reichspost or the have been dedicated to the operation of Deutsche Post, regardless of the legal entity for which they have been acquired, unless they have been dedicated to a different purpose in the subsequent period with the consent of Deutsche Post. Property rights, which are designated by Deutsche Post by 31 January 1991 in the appropriate application of Section 1 (4) of the Regulation on the filing of property rights claims of 11 July 1990, shall not be deemed to be assets which are (2) The Federal Minister of Post and Telecommunications, after hearing the companies of the Deutsche Bundespost, regulates the allocation of the special assets of Deutsche Post to the Special assets of the three companies. After hearing the three companies of the Deutsche Bundespost, the Federal Minister for Post and Telecommunications sets out within a transitional period of three years, which assets serve the sovereign and political purposes. It takes over these without the same value. Unofficial table of contents

Art 28 Economic development

(1) With the effect of accession, the territory referred to in Article 3 shall be incorporated into the Federal Government's existing rules on economic promotion, taking into account the powers of the European Communities. During a transitional period, account shall be taken of the particular needs of structural adjustment. This will make an important contribution to the rapid development of a balanced economic structure, with special attention being paid to small and medium-sized enterprises. (2) The relevant departments are preparing specific programmes of action to be taken. To speed up economic growth and structural change in the area referred to in Article 3. The programmes shall cover the following areas:

-

regional economic development measures, with the creation of a special programme for the benefit of the area referred to in Article 3, ensuring a preferential advantage for this area;

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Measures to improve the economic environment in the municipalities, with particular emphasis on economic infrastructure;

-

measures for the rapid development of small and medium-sized enterprises;

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Measures to strengthen the modernisation and structural restructuring of the economy on the basis of restructuring concepts drawn up under the responsibility of industry (for example, rehabilitation programmes, including RGW export production);

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Company apology after a case-by-case examination.

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Art 29 External economic relations

(1) The increased external economic relations of the German Democratic Republic, in particular the existing contractual obligations to the countries of the Council for Mutual Economic Assistance, enjoy protection of legitimate expectations. They shall be developed and developed in the light of the interests of all parties concerned and in accordance with the principles of the market economy and the powers of the European Communities. The German Government will ensure that these relations are adequately regulated within the framework of technical competence. (2) The Federal Government or the German Government will be responsible for this. , the competent authorities of the European Communities shall vote on the derogations required for a transitional period in the field of external trade with a view to paragraph 1.

Chapter VII
Work, social affairs, family, women, health care and environmental protection

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Art 30 Labour and Social Affairs

(1) It is the task of the German legislature,

1.

to re-codify the labour contract law as well as the public law on working time, including the admissibility of Sundays and holiday work and the special protection of women's work, as soon as possible,

2.

to re-regulate the protection of public employment in accordance with the law of the European Communities and the part of the German Democratic Republic's right to work in accordance with the provisions of the law.

(2) Workers may, in the territory referred to in Article 3, be entitled to an old-age benefit after the completion of the 57. for the period of three years, until the earliest possible reference to an old-age pension from the statutory pension insurance. The amount of the old-age pension is 65% of the last average net work pay; for employees whose entitlement is due to 1 April 1991, the old-age transitional allowance for the first 312 days will be a supplement of 5 Percentage points increased. The age-transitional allowance is granted by the Federal Labour Office on the basis of the regulations of the unemployment benefit, in particular the regulation of § 105c of the Employment Promotion Act. The Federal Labour Office may refuse an application if it is established that there is a clear lack of manpower in the region for the applicant's previous professional activity. The age-transitional allowance shall be reimbursed by the Federal Government, in so far as it exceeds the duration of the entitlement to unemployment benefit. The old-age scheme shall apply until 31 December 1991 for newly arising claims. The period of validity may be extended by one year. In the period from the effective date of the Treaty to 31 December 1990, women may benefit from the age-transitional allowance after the completion of the 55. (3) The social supplement provided for in the territory referred to in Article 3 in conjunction with the Treaty of 18 May 1990 on the benefits of insurance against pensions, accidents and unemployment shall be applied to new arrivings, until 31 December 1991. The performance shall be paid up to 30 June 1995 at the latest. (4) The transfer of social security tasks to the individual institutions shall be carried out in such a way as to ensure that the provision of services and their financing, as well as the staff's perception of the benefits, are carried out. Tasks are guaranteed. The balance of wealth (assets and liabilities) on the individual institutions of the social security system is definitively established by law. (5) The details of the transfer of the Sixth Book of Social Security (Pension Insurance) and of the provisions of the Social Security Act (Social Security) The third book of the Reichsversicherungsordnung (Accident Insurance) is regulated in a federal law. For persons whose pension from the statutory pension scheme starts in the period from 1 January 1992 to 30 June 1995,

1.

a pension shall, in principle, be at least equal to the amount of the amount which, on 30 June 1990, shall be equal to the pension rights in the area referred to in Article 3, without taking account of benefits from supplementary or special supply systems, would have resulted in

2.

a pension shall be granted even if, on 30 June 1990, the pension rights in the area referred to in Article 3 would have been subject to a pension entitlement in accordance with the pension rights applicable until that date.

In addition, the transfer should be determined by the objective of harmonizing the wages and salaries in the territory referred to in Article 3 to those in the other countries, including the approximation of pensions. (6) The development of the occupational diseases regulation must be examined in order to assess the extent to which the rules currently in force in the area referred to in Article 3 of the Treaty can be taken into account. Unofficial table of contents

Art 31 Family and women

(1) It is the task of the German legislature to further develop legislation on equal rights between men and women. (2) It is the task of the German legislature as a whole, in view of the different legal and institutional aspects of the law. (3) In order to continue the provision of day care facilities for children in the context of Article 3 (3) of the Treaty establishing the European Community for the protection of children and their families, the Commission , the Federal Government shall participate in the Transitional period up to 30 June 1991 at the expense of these institutions. (4) It is the task of the German legislature to make a settlement by 31 December 1992 at the latest, which provides for the protection of prenatal life and the constitutionally compliant Addressing conflict situations of pregnant women above all through legally secured claims for women, in particular advice and social assistance, is better guaranteed than is currently the case in both parts of Germany. In order to achieve these objectives, the area referred to in Article 3 shall, with the financial assistance of the Federal Government, establish without delay a comprehensive network of advice centres of various institutions. The counselling centres are to be provided in a personal and financial manner in such a way that they can fulfil their task of advising pregnant women and providing them with the necessary assistance-even beyond the time of their birth. If a settlement does not come into effect in the period referred to in the first sentence, the substantive law shall continue to apply in the territory referred to in Article 3. Unofficial table of contents

Art 32 Free social forces

With their facilities and services, the associations of the Free Welfare Service and the institutions of Freie Jugendhilfe are making an indispensable contribution to the welfare state of the Basic Law. The establishment and development of an open-air welfare service and an open-air youth assistance system in the area referred to in Article 3 shall be promoted within the framework of the basic legal responsibilities. Unofficial table of contents

Type 33 Healthcare

(1) It is the task of the legislators to create the conditions for the rapid and sustainable improvement of the level of inpatient care of the population in the area referred to in Article 3 and to adapt the situation to the rest of the Federal Republic of Germany. (2) In order to avoid deficits in the pharmaceutical expenditure of health insurance in the area referred to in Article 3, the German legislature shall adopt a temporary scheme which shall include the producer's award in the sense of the The Regulation on medicinal products shall be reduced by a reduction in the distance between: the contributory income in the territory referred to in Article 3 and in the present Federal territory. Unofficial table of contents

Art 34 Environmental protection

(1) Proceeding from the provisions of Article 16 of the Treaty of 18 May 1990 in conjunction with the Environmental Framework Act of the German Democratic Republic of 29 June 1990 (GBl). N ° 42 p. 649), it is the responsibility of the German Environmental Union to protect the natural resources of the human being in compliance with the precautionary principle, the polluter pays and the principle of cooperation, and to ensure the uniformity of the ecological environment. (2) In order to promote the objective referred to in paragraph 1 of this Article, environmental remediation and remediation activities shall be carried out within the framework of the basic statutory provisions on jurisdiction. to develop development programmes for the area referred to in Article 3. Priority should be given to measures designed to prevent risks to public health.

Chapter VIII
Culture, Education and Science, Sports

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Art 35 Culture

(1) In the years of division, art and culture-despite differences in the development of the two states in Germany-were a basis of the continuing unity of the German nation. In the process of the state unity of the Germans, they make an independent and indispensable contribution on the road to European unification. The position and reputation of a united Germany in the world depend not only on its political weight and its economic performance, but also on its significance as a cultural state. The priority objective of cultural relations policy is to promote cultural exchanges on the basis of partnership cooperation. (2) The cultural substance in the area referred to in Article 3 must not be damaged. (3) The fulfilment of cultural activities Tasks, including their funding, must be secured, with the protection and promotion of culture and the arts being the responsibility of the new Länder and municipalities in accordance with the distribution of responsibilities of the Basic Law. (4) The hitherto centrally managed cultural Institutions shall enter into the sponsorship of the countries or municipalities in which they are located. In exceptional cases, especially in the Land of Berlin, cofinancing by the Federal Government will not be excluded. (5) The parts of the former State Prussian collections, which were separated by the post-war events (among other things, State Museums, State libraries, secret state archives, Ibero-American Institute, State Institute of Music Research) are to be brought together again in Berlin. The Prussian Cultural Heritage Foundation takes over the provisional sponsorship. A comprehensive sponsorship of the former State Prussian Collections in Berlin is also to be found for the future regulation. (6) The Cultural Fund will be used for the promotion of culture, art and artists for the transitional period until 31 December 1994 in the the area referred to in Article 3. Co-financing by the Federal Government within the framework of the distribution of responsibilities of the Basic Law will not be excluded. Negotiations on the accession of the countries of the countries referred to in Article 1 (1) to the Cultural Foundation of the Länder are to be negotiated through a successor institution. (7) In order to compensate for the effects of the division of Germany, the Federal Government may Contribute to the financing of individual cultural actions and institutions in the area referred to in Article 3, as a transitional measure to promote cultural infrastructure. Unofficial table of contents

Art 36 Radio

(1) The "broadcasting of the GDR" and the "German television broadcasting" shall be considered as a Community independent, legally competent institution of the countries referred to in Article 1 (1) and the Land of Berlin for the part in which the Basic Law has not yet been applied, continue until 31 December 1991 at the latest, in so far as they carry out tasks for which the competence of the countries is to be carried out. The task of the institution is to provide the population in the area referred to in Article 3 with radio and television in accordance with the general principles of public service broadcasting. The studio technique associated with the German Post, as well as the properties used for the production and management of broadcasting and television, are assigned to the facility. Article 21 shall apply by analogy. (2) The institutions of the institution shall be:

1.

the radio representative,

2.

the Radio Advisory Board.

(3) The radio officer shall be elected by the People's Chamber on a proposal from the Prime Minister of the German Democratic Republic. If an election by the Volkskammer does not materialize, the radio officer is elected by the national speakers of the Länder referred to in Article 1 (1) and the Lord Mayor of Berlin by a majority. The radio officer shall direct the institution and represent it in a judicial and out-of-court order. It shall be responsible for the performance of the contract within the limits of the appropriations available for this purpose and shall immediately draw up a budget balanced in revenue and expenditure for the year 1991. (4) The Broadcasting Advisory Council shall be 18 recognized personalities of public life as representatives of socially relevant groups. The three members are elected by the Landtag of the Länder referred to in Article 1 (1) and by the City Council of Berlin. The Broadcasting Advisory Board has a right of consultation in all programme matters and has a right of participation in the case of essential personnel, economic and budgetary matters. The Broadcasting Advisory Board may appoint the Broadcasting Officer by a majority of two-thirds of its members. It may elect a new radio representative by a majority of two-thirds of its members. (5) The institution shall be financed primarily by revenue from the broadcast fee of the radio subscribers referred to in Article 3. shall reside. In this respect, it is creditor of the broadcasting fee. In addition, it shall cover its expenditure by revenue from advertising and other revenue. (6) Within the period referred to in paragraph 1, the institution shall, in accordance with the federal structure of broadcasting, be established by a common State contract of the in Article 1, or to be transferred to institutions under the public law of one or more countries. If a State Treaty does not come into effect after the first sentence of 1 to 31 December 1991, the institution shall be dissolved upon expiry of that period. Assets and liabilities existing at that time shall be based on the countries referred to in Article 1 in shares. The level of the shares shall be determined in accordance with the ratio of the radio-fee income in the area referred to in Article 3 in accordance with the status of 30 June 1991. The obligation of the countries to continue broadcasting in the territory referred to in Article 3 is without prejudice to this. (7) With the entry into force of the State Treaty in accordance with paragraph 6, no later than 31 December 1991, paragraphs 1 to 6 shall be repeal. Unofficial table of contents

Art 37 Education

(1) School, professional and academic qualifications or certificates of formal qualifications acquired in the German Democratic Republic shall continue to apply in the territory referred to in Article 3. In the territory referred to in Article 3 or in the other countries of the Federal Republic of Germany, including Berlin (West), examinations or certificates of formal qualifications acquired shall be the same and shall grant the same allowances if: they are equivalent. The equivalence shall be established at the request of the relevant competent authority. Legal provisions of the Federal Government and of the European Communities on the equivalence of examinations or certificates of competency and special provisions in this Treaty shall prevail. The right to lead acquired, state-approved or awarded academic career names, degrees and titles remains unaffected in any case. (2) The recognition procedure customary in the Standing Conference of the Ministers of Education and Cultural Affairs is applicable to teacher training examinations. The Conference of the Ministers of Education and Cultural Affairs will take appropriate transitional arrangements. (3) Examination certificates according to the nomenclature of vocational training occupations and the nomenclature of skilled workers ' occupations and final examinations and journeymen's examinations in recognised Training occupations are equal to each other. (4) The arrangements required for the reorganization of the school system in the area referred to in Article 3 shall be taken by the countries referred to in Article 1. The necessary arrangements for the recognition of degrees of school law are agreed at the Standing Conference of Ministers of Education and Cultural Affairs. In both cases, the Hamburg Agreement and the other relevant agreements of the Standing Conference of the Ministers of Education and Cultural Affairs are the basis of the Hamburg Agreement. (5) Students who change the university before completing their studies are subject to study and examination achievements. in accordance with the principles laid down in § 7 of the General Provisions for Diplomation Regulations (ABD) or within the framework of the rules applicable to the admission to State Examinations. (6) The certificates of the engineering and technical schools of the German Democratic Republic confirmed university access rights shall apply in accordance with the decision of the Conference of Ministers of Education and Cultural Affairs of 10 May 1990 and its Annex B. Further principles and procedures for the recognition of professional and university qualifications for school and university education based thereon shall apply in the To develop the framework of the Standing Conference of the Ministers of Education and Cultural Affairs. Unofficial table of contents

Art 38 Science and research

(1) Science and research are also important foundations for the state and society in the united Germany. The necessary renewal of science and research, while maintaining efficient facilities in the area referred to in Article 3, shall be carried out by the Scientific Council, which shall be subject to a review by the Scientific Council, which shall be up to 31 December 2008. It will be completed in December 1991, with individual results to be gradually implemented. The following regulations are intended to enable this assessment and to ensure the integration of science and research into the common research structure of the Federal Republic of Germany in the area referred to in Article 3. (2) The Academy of Sciences of the German Democratic Republic will be separated from the research institutes and other institutions as a result of the accession of the Academy of Sciences of the German Democratic Republic. The decision on how to proceed with the law of the Academy of Sciences of the German Democratic Republic will be taken on a state-by-country basis. Research institutes and other bodies shall, in the first instance, continue until 31 December 1991 as institutions of the countries in the territory referred to in Article 3, in so far as they are not previously dissolved or converted. The transitional financing of these institutions and bodies shall be ensured until 31 December 1991 and the appropriations for this shall be provided by the Federal Government and the countries referred to in Article 1 in 1991. (3) The employment relationships of the Until 31 December 1991, research institutes and other institutions of the Academy of Sciences of the German Democratic Republic shall continue to exist as fixed-term contracts with the countries to which they are employed. institutions and institutions. The right to dismissal or extraordinary termination of these employment relationships in the circumstances listed in Annex I to this Treaty shall remain unaffected. (4) For the building academy of the German Democratic Republic and the Academy of the Agricultural studies of the German Democratic Republic as well as the subordinated scientific institutions of the Ministry of Food, Agriculture and Forestry shall apply paragraphs 1 to 3. (5) The Federal Government shall be accompanied by: to enter into negotiations with the aim of: To adapt or to reconclude the Federation-Country Agreements according to Article 91b of the Basic Law in such a way as to ensure that educational planning and the promotion of institutions and projects of scientific research of superregional importance to the (6) The Federal Government is striving to ensure that the methods and programmes of research funding which have been tried and tested in the Federal Republic of Germany are applied to the whole of the Federal Republic as quickly as possible and that the Scientists and scientific bodies referred to in Article 3 shall be made possible for access to ongoing research funding measures. In addition, individual support measures for research and development concluded in the field of the Federal Republic of Germany are to be resumed for the territory referred to in Article 3, of which tax measures are (7) With the effect of the accession of the German Democratic Republic, the Research Council of the German Democratic Republic is dissolved.

Footnote

Art. 38 (3), first sentence: The scheme, which has been limited to 31 December 1991 by the institutions of the Academy of Sciences of the German Democratic Republic, is incompatible with the GG. BvR 454/91 and BVerfGE v. 10.3.1992-1 BvR 454/91, and void, in so far as it concerns employment relationships which were not to be terminated on the said date under maternity protection law. a.-
Art. 38 (4) iVm (3) sentence 1: According to the BVerfGE v. 12.5.1992-1 BvR 1467/91-1 BvR 1501/91 with Art. 12 para. 1-partial iVm Art. 6 para. 4 d. GG incompatible and void Unofficial table of contents

Art 39 Sport

(1) The structures of sport in the field of conversion referred to in Article 3 shall be converted to self-administration. The public hands promote the sport in an ideal and material way according to the division of responsibilities of the Basic Law. (2) The top sport and its development in the area referred to in Article 3, insofar as it has proved its worth, will continue to be promoted. The promotion shall be carried out within the framework of the rules and principles established in the Federal Republic of Germany in accordance with the conditions laid down by public budgets in the area referred to in Article 3. Within this framework, the Research Institute for Body Culture and Sport (FCS) in Leipzig, the doping control laboratory recognized by the International Olympic Committee (IOC) in Kreischa (near Dresden) and the Research and Development Centre for Sports equipment (FES) in Berlin (East)-in the appropriate legal form-as institutions in the united Germany to the required extent continued or existing facilities are affiliated. (3) For a transitional period until 31 December 1992 the Federation supports the sport of disabled people.

Chapter IX
Transitional and final provisions

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Art 40 Contracts and agreements

(1) The obligations arising out of the Treaty of 18 May 1990 on the establishment of a monetary, economic and social union between the Federal Republic of Germany and the German Democratic Republic shall continue to apply, unless in this Treaty (2) Insofar as rights and obligations arising out of other contracts and agreements between the Federal Republic of Germany or the Federal Republic of Germany or the Federal Republic of Germany are to be determined, the agreement shall be determined by the German Federal Republic of Germany. Federal states and the German Democratic Republic not in the course of the production of the If Germany's unity has become unfounded, it will be taken over, adapted or settled by the relevant entities within the country. Unofficial table of contents

Art 41 Rules on financial matters

(1) The Joint Declaration of 15 June 1990 on the regulation of open property matters, issued by the Government of the Federal Republic of Germany and the Government of the German Democratic Republic (Annex III), forms an integral part of this Treaty. (2) Special statutory provisions shall not be subject to the transfer of ownership of land or buildings if the land or building concerned is required for urgent investment purposes to be defined in more detail; , in particular, the establishment of a commercial premises and the The implementation of this investment decision is economically eligible, and above all creates or secures jobs. The investor has to submit a plan showing the essential characteristics of the project and undertake to undertake the project on this basis. The law also regulates the compensation of the former owner. (3) Otherwise, the Federal Republic of Germany will not adopt any legislation which contradict the Joint Declaration referred to in paragraph 1. Unofficial table of contents

Art 42 Posting of Members

(1) Before the date of entry into force of the accession of the German Democratic Republic, the People's Chamber shall, on the basis of its composition, elect 144 Members to be sent in the 11. German Bundestag as well as a sufficient number of substitute persons. Appropriate proposals make the groups and groups represented in the People's Chamber. (2) The elected members acquire the membership in the 11th. German Bundestag on the basis of the declaration of acceptance to the President of the People's Chamber, but only with the effective date of accession. The President of the People's Chamber immediately sends the result of the election, with the acceptance of the declaration of acceptance, immediately to the President of the German Bundestag. (3) For eligibility and loss of membership in the 11. In other respects, the German Bundestag shall apply the provisions of the Federal Elections Act as amended by the Federal Elections Act of 1 September 1975 (BGBl. 2325), as last amended by the Law of 29 August 1990 (BGBl I). II p. 813). If a member fails, the next substitute will move forward. It must belong to the same party as the retired member at the time of his election. The determination of who is a substitute person meets the President of the People's Chamber before the date of accession, and then the President of the German Bundestag. Unofficial table of contents

Art 43 Transitional provision for the Federal Council until the formation of national governments

From the formation of the countries referred to in Article 1 (1) to the election of the Prime Minister, the State Plenipotentiary may take part in the meetings of the Federal Council with an advisory vote. Unofficial table of contents

Art 44 Legal preservation

Rights under this Treaty for the benefit of the German Democratic Republic or of the countries referred to in Article 1 may be invoked after the date of accession of each of these countries. Unofficial table of contents

Art 45 Entry into force of the Treaty

(1) This Treaty, including the Protocol in place and Annexes I to III, shall enter into force on the date on which the Governments of the Federal Republic of Germany and the German Democratic Republic have notified each other that the (2) The Treaty shall remain in force after the date of accession as a federal law. Unofficial table of contents

Final formula

Done at Berlin on August 31, 1990, in two original documents in German.

For the	For the
Germany	German Democratic Republic
Schäuble	Günther Krause

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Log

When the contract between the Federal Republic of Germany and the German Democratic Republic was signed on the production of Germany's unity, the following clarifications were made with regard to this Treaty:

I. The articles and annexes of the Treaty

1.

On Article 1: (1) The borders of the Land of Berlin are determined by the Law on the formation of a new municipality of Berlin of 27 April 1920 (Pr.GS 1920 p. 123) with the proviso that:

-

that the protocol note on Article 1 of the "Agreement between the Senate and the Government of the German Democratic Republic of 31 March 1988 on the inclusion of further enclaves and other small areas in the agreement of 20 March 1988" (c) on the regulation of the questions of enclaves by means of an exchange of territory " as applicable to all districts and continuing in relations between the Länder of Berlin and Brandenburg;

-

that all the areas in which they are after the 7. October 1949 an election to the House of Representatives or to the City Council of Berlin has taken place, which are part of the districts of Berlin.

(2) The Länder of Berlin and Brandenburg shall verify and document within one year the boundary conditions resulting from the provisions of paragraph 1.

2.

With regard to Article 2 (1): The Contracting Parties agree that the decisions taken pursuant to the second sentence of the decision-making by the legislative bodies of the federal government shall be taken after the election of the first general German Bundestag and after the production of the full Rights of participation shall be reserved for the countries referred to in Article 1 (1) of this Treaty.

3.

As to Article 2 (2), the Contracting Parties agree that the character of the 3. In the event of a public holiday, October 1990 does not preclude acts which have already been fixed at the date of entry into force of the Treaty.

4.

Article 4 (5), Article 143 (1) and (2), have only a temporal meaning; they are therefore not a requirement for future legislation.

5.

With regard to Article 9 (5), both Parties take note of the declaration by the Land of Berlin that the church tax law applicable in Berlin (West) will be extended to the part of Berlin with effect from 1 January 1991, in which it has not previously been applied.

6.

With regard to Article 13: bodies or sub-bodies which, until the date of accession, have fulfilled tasks which are no longer to be carried out by the public administration, shall be dealt with as follows: (1) The institutions or sub-bodies are carried out by the institution which is the institution of these public tasks (federal, state, country). (2) In other cases, the institutions shall be responsible for the tasks of the institutions or bodies. or sub-facilities of the Federal Government. In case of doubt, the affected country or by the federal government a body formed by the federal and state governments.

7.

With regard to Article 13 (2): Where facilities are transferred wholly or in part to the Federal Government, appropriate staff shall be required to take over appropriate measures in accordance with the requirements of the performance of the tasks.

8.

On Article 15: The administrative assistance of the Federal Government and the Länder in the development of the national administrations and in the implementation of certain technical tasks shall be coordinated in a clearing house formed by the federal and state governments.

9.

On Article 16: Both parties take note of the announcement by the Land of Berlin that the Lord Mayor is the third party to the 3. The members of the Magistrats, such as other members of the Berlin State Government, are to be involved in the representation of the appointed members of the Federal Council.

10.

With regard to Article 17, persons who have become victims within the meaning of Article 17 have also been covered by an anti-state intervention in a psychiatric institution.

11.

With regard to Article 20 (2): the introduction of the civil service law in accordance with the arrangements agreed in Annex I shall be carried out in accordance with the principles applicable to the staffing of the Federal Republic of Germany for the duration of the functions required.

12.

On the first sentence of Article 21 (1), the countries must be informed of the further use of military properties. Before military-used properties, which become federal assets, are used to another use, the countries concerned are to be heard.

13.

On Article 22 (4): the popular land used by housing cooperatives for residential purposes also falls under paragraph 4 and is ultimately to be transferred to the property of the housing cooperatives, while retaining the purpose-binding. .

14.

On Article 35, the Federal Republic of Germany and the German Democratic Republic declare in connection with Article 35 of the Treaty:

1.

The commitment to the Sorbian Folk and to the Sorbian culture is free.

2.

The preservation and further development of the Sorbian culture and the Sorbian traditions will be guaranteed.

3.

Members of the Sorbian people and their organizations have the freedom to care and to preserve the Sorbian language in public life.

4.

The basic legal distribution of responsibilities between the Federal Government and the Länder remains unaffected.

15.

On Article 38: Agreements of the Academy of Sciences, the Academy of Building and the Academy of Agricultural Sciences of the German Democratic Republic with organisations in other States or international bodies shall be concluded in accordance with the provisions of Article 38 of the Treaty Article 12 of the Treaty shall be reviewed.

16.

Article 40:Cases in which the Federal Government has pledged to take over the costs of medical treatment of Germans from the territory referred to in Article 3 shall be handled by the Federal Government.

17.

In Annex II, Chapter II, Section A, Section III:The parties are entitled to equal opportunities in the preparation of the elections and in the electoral competition. Money or monetary value that is not allocated to the parties either by membership fees or by donations or by a state campaign for electoral campaign costs, in particular assets of former block parties and the PDS in the German Democratic Republic, must not be used for election preparation or election campaigning. The parties are obliged to make oath statements by the treasurers, and to confirm the waiver of the use of such funds by auditors on 1 December 1990. To the extent that parties in the Federal Republic of Germany confer with former block parties of the German Democratic Republic before the election day, they shall, at the time of their association, account for their assets in the manner of accountability, until 1 November 1990, they each submit a final balance sheet and an opening balance sheet corresponding to the criteria laid down in Section 24 (4) of the Political Parties Act.

18.

Annex III:Both Parties agree that for the cases dealt with in sentences 2 and 3 of paragraph 6, provision may also be made for implementation in accordance with paragraph 7 of the Joint Declaration.

II. Protocol declaration to the contract

Both Parties agree that the provisions of the Treaty, without prejudice to the rights and responsibilities of the Four Powers in respect of Berlin and Germany as a whole, which still exist at the time of the signature, and of the remaining provisions of the Treaty, are still in force. the outstanding results of the discussions on the external aspects of the production of the German unit will be met.

Footnote

(+ + + No 13: For use, see § 4 G 105-21 v. 23.6.1993 I 944, 989 + + +) Unofficial table of contents

Appendix I Table of Contents

A.	Preliminary remarks
B.	Business Areas
	Chapter I	Federal Minister for Foreign Affairs
	Chapter II	Federal Minister for the Interior
	Chapter III	Federal Minister for Justice
	Chapter IV	Federal Minister for Finance
	Chapter V	Federal Minister for Economic Affairs
	Chapter VI	Federal Minister for Food, Agriculture and Forestry
	Chapter VII	---
	Chapter VIII	Federal Minister for Labour and Social Affairs
	Chapter IX	Federal Minister for Defence
	Chapter X	Federal Minister for Youth, Family, Women and Health
	Chapter XI	Federal Minister for Transport
	Chapter XII	Federal Minister for the Environment, Nature Conservation and Nuclear Safety
	Chapter XIII	Federal Minister for Postal and Telecommunications
	Chapter XIV	Federal Minister for Regional Planning, Construction and Urban Development
	Chapter XV	---
	Chapter XVI	Federal Minister for Education and Science
	Chapter XVII	Federal Minister for Economic Cooperation
C.	Special subjects
	Chapter XVIII	Statistics
	Chapter XIX	Public service law, including the law of the soldiers

Unofficial table of contents

Annex I BesBest Special provisions for the transfer of federal law
pursuant to Article 8 and Article 11 of the Treaty

(Fundstelle in Appendix I of the Agreement, BGBl. II 1990, 907) Preliminary remarks:
From the entry into force of the federal law referred to in Article 8 of the Treaty, the legislation referred to in Section I of the relevant Chapter shall be excluded. The same shall apply in accordance with Article 11 of the Treaty in respect of the international treaties referred to in Section I of Chapter I.
In accordance with Section II of the relevant Chapter, the legislation listed therein shall be repealed, amended or supplemented.
In accordance with the provisions of Section III of the relevant Chapter, the legislation in force in the territory referred to in Article 3 of the Treaty shall enter into force with the measures specified therein.
To the extent that the Federal Republic of Germany is referred to other legislation in the case of superseded federal law, the referral shall also be effective if the legislation referred to has not been passed over. If the legislation of the Federal Republic of Germany is to be replaced by legislation of the German Democratic Republic, this shall be expressly determined. Unofficial table of contents

Annex I Kap I Annex I, Chapter I
Division of the Federal Minister for Foreign Affairs

(Found in Annex I of the EinigVtr-BGBl. II 1990, 908-909) Unofficial table of contents

Annex I Kap I I Annex I, Chapter I
Section I

The territory referred to in Article 3 of the Treaty shall be exempted from the validity of the provisions of Article 11 of the Treaty:

1.

Treaty on relations between the Federal Republic of Germany and the Three Powers of 26 May 1952, in accordance with List I of the Protocol on the termination of the occupation regime of 23 May 1952. Amended version (BGBl), October 1954 (1955 II p. 305)

2.

Treaty on the settlement of war and occupation of 26 May 1952, in accordance with List IV of the Protocol on the termination of the occupation regime of 23 May 1952. Amended version (BGBl), October 1954 1955 II p. 405)

3.

Contract for the stay of foreign armed forces in the Federal Republic of Germany of the 23. October 1954, in addition to the corresponding contract law of 24 March 1955 (BGBl. 1955 II p. 253)

4.

Franco-German Government Agreement-The Law on Stationing and the Status of the French Troops in Germany-The text of the Exchange of Letters of 21 December 1966 (Bulletin of 23 December 1966, No 161, p. 1304)

5.

NATO-troop statute of 19 June 1951, together with the corresponding contract law of 18 August 1961 (BGBl. 1961 II p. 1183, 1190)

6.

Additional agreements on NATO troop statut

-

Supplementary agreement to the Agreement between the parties to the North Atlantic Treaty on the legal status of their troops with respect to the foreign troops stationed in the Federal Republic of Germany of 3 August 1959, together with the corresponding contract law of 18 August 1961 (BGBl. 1961 II p. 1183, 1218), as amended by the 21. October 1971 (BGBl. 1973 II p. 1022)

-

Signed Protocol to the Supplementary Agreement of 3 August 1959, together with the corresponding Contract Law of 18 August 1961 (BGBl. 1961 II p. 1183, 1313) in the version dated 18 May 1981 (BGBl. 1982 II p. 531)

-

Agreement on Article 45 (5) of the Additional Agreement to the Agreement between the parties to the North Atlantic Treaty on the legal status of their troops with regard to foreign troops stationed in the Federal Republic of Germany of 3 August 1959 In addition to the corresponding contract law of 18 August 1961 (BGBl. 1961 II p. 1183, 1355)

-

Agreement between the Federal Republic of Germany, Canada and the United Kingdom of Great Britain and Northern Ireland on the implementation of maneuvers and other exercises in the Raume Soltau-Lüneburg area of 3 August 1959, together with the corresponding contract law of 18 August 1961 (BGBl. 1961 II p. 1183, 1362), as amended by the amending Agreement of 12 May 1970 (BGBl. 1971 II p. 1078)

-

Agreement between the Federal Republic of Germany and the Kingdom of Belgium on the settlement of disputes in the case of direct procurements of 3 August 1959, together with the corresponding contract law of 18 August 1961 (BGBl. 1961 II p. 1183, 1368)

-

Agreement between the Federal Republic of Germany and Canada on the settlement of disputes in the case of direct procurements of 3 August 1959, together with the corresponding contract law of 18 August 1961 (BGBl. 1961 II p. 1183, 1371)

-

Agreement between the Federal Republic of Germany and the French Republic on the settlement of disputes in the case of direct procurements of 3 August 1959, together with the corresponding contract law of 18 August 1961 (BGBl. 1961 II p. 1183, 1374)

-

Agreement between the Federal Republic of Germany and the United Kingdom of Great Britain and Northern Ireland on the settlement of disputes in the case of direct procurements of 3 August 1959, together with the corresponding contract law of 18 August 1961 (BGBl. 1961 II p. 1183, 1377)

-

Agreement between the Federal Republic of Germany and the United States of America on the settlement of disputes in the case of direct procurements of 3 August 1959, together with the corresponding contract law of 18 August 1961 (BGBl. 1961 II p. 1183, 1382)

-

Agreement between the Federal Republic of Germany and the United States of America on the legal status of holidaymakers of 3 August 1959, together with the corresponding contract law of 18 August 1961 (BGBl. 1961 II p. 1183, 1385)

7.

Protocol on the legal status of the international headquarters established pursuant to the North Atlantic Treaty of 28 August 1952, together with the corresponding law of the Treaty of 17. October 1969 (BGBl. 1969 II p. 1997)

8.

Agreement between the Federal Republic of Germany and the Supreme Headquarters of the Allied Powers, Europe, on the special conditions for the establishment and operation of international military headquarters in the Federal Republic of Germany Germany-Supplementary Agreement-of 13 March 1967, together with the corresponding contract law of 17. October 1969 (BGBl. 1969 II S. 1997, 2009)

9.

Convention between the United States of America and the Kingdom of Belgium, the Federal Republic of Germany, the Italian Republic, the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland Inspections in relation to the Treaty between the United States of America and the Union of Soviet Socialist Republics on the elimination of their mid-range and shorter-range aircraft-Stationing countries-Convention (West)-of the United States of America and the United States of America. 11 December 1987, together with the corresponding contract law of 29 April 1988 (BGBl. 1988 II p. 429)

10.

Exchange of notes of 4 May 1988 between the Federal Republic of Germany and the Union of Soviet Socialist Republics on inspections in respect of the Treaty of 8 December 1987 between the United States of America and the Union of the United States of America and the United States of America Socialist Soviet republics on the elimination of their medium-and shorter-range missiles with regulation of 30 May 1988 (BGBl. 1988 II p. 534)-Regulation on inspections under the INF Treaty-

Unofficial table of contents

Appendix I Kap II Annex I, Chapter II
Division of the Federal Minister for the Interior

(Found in Annex I of the EinigVtr-BGBl. II 1990, 910-920) For statistics, see Chapter XVIII
on the law of the civil service, including the law of the soldiers, see chapter XIX

The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification of Annex I Kap II)-All documents relating to Chapter II of Annex I-

b)

subject-related (e.g. B. Unification of Annex I Cape II D)-All documents relating to subject area D of Chapter II of Annex I shall be issued,

c)

section-related (e.g. B. Unification of Annex I Cape II D III)-issued the document relating to Section III of Section D of Chapter II of Annex I,

Unofficial table of contents

Annex I Kap II A II Annex I, Chapter II
Area A-State and constitutional law
Section II

Federal law shall be repealed and amended as follows:

1.

Federal Elections Act in the version of the notice of 1 September 1975 (BGBl. 2325), as last amended by the Law of 29 August 1990 (BGBl I). II p. 813) § 55 is repealed.

2.

Law on titles, orders and bads in the revised version published in the Bundesgesetzblatt, Part III, outline number 1132-1, as last amended by Article 33 of the Law of 24 April 1986 (BGBl. 560) *) § 16 shall be taken as follows:

" § 16

Claims arising from the German Democratic Republic's acceding awards until the date of entry into effect of the accession have been extinguissed. Claims arising from such awards may no longer be claimed from the date of the date of entry into effect of the accession. "

3.

Law on the Day of German Unity in the revised version published in the Bundesgesetzblatt part III, outline number 1136-1, the law is repealed.

---------------

*)

The Protocol of the Federal Republic of Germany and the German Democratic Republics of the German Democratic Republic may be awarded or carried on, unless the ordre public of the Federal Republic of Germany and the German Democratic Republic of the German Democratic Republic shall be given further awards. Federal Republic of Germany. The same shall apply to foreign awards approved for acceptance by the German Democratic Republic.

Unofficial table of contents

Annex I Kap II A III Annex I, Chapter II
Area A-State and constitutional law
Section III

(No longer to be applied) (Section III, No 1) Unofficial table of contents

Annex I Kap II B I Annex I, Chapter II
Area B-Administration
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

Law governing the legal situation of persons covered by Article 131 of the Basic Law, as amended by the 13. October 1965 (BGBl. 1685), as last amended by Article 4 (4) of the Law of 8 June 1989 (BGBl I). 1026), as well as all regulations adopted for its implementation

2.

First Act amending the law governing the legal conditions of persons covered by Article 131 of the Basic Law in the revised version published in the Bundesgesetzblatt, Part III, Section 2036-2,

3.

Second Act amending the law governing the legal conditions of persons covered by Article 131 of the Basic Law in the revised version published in the Federal Law Gazans Part III, Section No 2036-3,

4.

Third Act amending the law governing the legal relationships of persons covered by Article 131 of the Basic Law in the revised version published in the Bundesgesetzblatt, Part III, Section 2036-4, amended by: Article II (5) of the Law of 9 September 1965 (BGBl. I p. 1203) in conjunction with Article 12 (2) (b) and (d) of the Law of 20 December 1965 (BGBl. 2065), as well as the arrangements for its implementation in the revised versions published in the Bundesgesetzblatt, Part III, Section numbers 2036-4-1 and 2036-4-2

5.

Fourth Act amending the law regulating the legal conditions of persons falling under Article 131 of the Basic Law of 9 September 1965 (BGBl. 1203), as last amended by Section 5 (2) of the Law of 6 July 1967 (BGBl). I p. 629)

6.

Law governing the restitution of national-socialist injustice for members of the civil service as amended by the Notice of 15 December 1965 (BGBl. 2073), as last amended by Article 4 (5) of the Law of 8 June 1989 (BGBl I). 1026), as well as the regulations and arrangements for its implementation in the revised versions published in the Bundesgesetzblatt part III, outline numbers 2037-1-1 to 2037-1-3 and 2037-1-5,

7.

Regulation implementing § 31d of the Act to regulate the restitution of national socialist injustice for members of the civil service in the revised version published in the Bundesgesetzblatt part III, outline number 2037-1-4, published Version, as last amended by Regulation of 5 August 1974 (BGBl. I p. 1878)

8.

Second Act to regulate the restitution of national-socialist injustice for members of the civil service in the revised version published in the Bundesgesetzblatt (Part III), outline number 2037-2

9.

Third Act to regulate the restitution of national-socialist injustice for members of the civil service in the revised version published in the Bundesgesetzblatt (Part III), outline number 2037-3

10.

Sixth Act to regulate the restitution of National Socialist injustice for members of the civil service in the revised version published in the Bundesgesetzblatt (Part III), outline number 2037-4, amended by Article 14 (1). 1 of the Law of 20 December 1965 (BGBl. P. 2065)

11.

Law governing the restitution of national-socialist injustice for nationals of the public service living abroad as amended by the Notice of 15 December 1965 (BGBl. P. 2091)

12.

Seventh Act to regulate the restitution of national-socialist injustice for members of the civil service of 9 September 1965 (BGBl. 1210), as amended by Article 14 (3) of the Law of 20 December 1965 (BGBl I). P. 2065)

13.

Aliens Act of 28 April 1965 (BGBl. 353), as last amended by Article 9 (5) of the Law of 26 June 1990 (BGBl I). 1163)

Unofficial table of contents

Annex I Kap II B II Annex I, Chapter II
Area B-Administration
Section II

Federal law is amended as follows:

1.

Asylum Procedure Act of 16 July 1982 (BGBl. 946), as last amended by Article 1 of the Law of 20 December 1988 (BGBl I). I p. 3362)

a)

The following paragraph 3 shall be added to § 3: "(3) Foreigners who have been granted asylum until the date of entry into the territory of the territory referred to in Article 3 of the Agreement shall be considered as persons entitled to asylum within the meaning of this Act."

b)

Section 22 (2) is as follows: " (2) Countries may set a key to the distribution of asylum seekers by means of an administrative arrangement. If the Administrative Agreement does not come into effect until 31 December 1991, the Federal Government shall, with the consent of the Federal Council, determine the key by means of a legal regulation. Until the entry into force of a rule set out in the first or second sentence of sentence 1 or 2

1.

20 of the hundreds of asylum-seekers shall be distributed among the countries referred to in Article 1 (1) of the agreement; the distribution to each country shall be based on the ratio of the resident population of those countries;

2.

80 of the hundreds of asylum seekers shall be distributed according to the following key:

Baden-Württemberg	15.2 of the hundred
Bavaria	17.4 of the hundred
Berlin	2.7 of the hundred
Bremen	1.3 of the hundred
Hamburg	3.3 of the hundred
Hesse	9,3 of the hundred
Lower Saxony	11.6 of the hundred
North Rhine-Westphalia	28.0 of the hundred
Rhineland-Palatinate	5.9 of the hundred
Saarland	1.8 of the hundred
Schleswig-Holstein	3.5 of the hundred

If the administrative arrangement continues, the third sentence shall apply. "

2.

Federal Archives Act of 6 January 1988 (BGBl. 62)

a)

Section 2 (8) is as follows: " (8) Documents within the meaning of this Act are files, documents, maps, plans and carriers of data, image, film, sound and other records which are kept at the offices of the Federal Government referred to in paragraph 1, in the case of posts. of the German Democratic Republic, in the place of the occupation zones, of the German Reich or of the German Federal Republic, or have been transferred to their property or have been left to use them for use. "

b)

(dropped)

3.

Law on the German Library of 31 March 1969 (BGBl. I p. 265)

a)

§ 1 shall be taken as follows:

" § 1

The central archive library and the national bibliographical centre of the Federal Republic of Germany will be the legally binding federal institution of public law, based in Frankfurt am Main (Deutsche Bibliothek) and Leipzig (German) Library). The competent Federal Minister shall be authorized to determine the name of the institution of public law. "

b)

In § 2 (1) (1) and (2), the words "after 8 May 1945" are replaced by "from 1913".

c)

Section 2 (2) is as follows: "(2) As far as the tasks referred to in paragraph 1 relate to musical notes and music recordings, they shall be perceived by the German Music Archive of the German Library and by the Musikaliensammlung of the Deutsche Bücherei."

d)

Section 11 (2) shall be as follows: " (2) The Director-General and his permanent representatives in Frankfurt am Main and Leipzig shall be appointed by the Federal President on a proposal from the Board of Directors. The competent Federal Minister shall be authorized to designate the seat of the Director-General. "

e)

Section 18 (1) is as follows: " (1) Each printing unit pursuant to § 3, which is laid out in the scope of this Act or, insofar as it is a sound carrier, is produced, one piece (mandatory) is to be sent to the German Library and the German "To deliver a library."

4.

Act on the Protection of German Cultural Heritage against Abmigration in the revised version published in the Federal Law Gazette III, No. 224-2, as last amended by Article 86 of the Law of 2 March 1974 (BGBl. 469) The following paragraph 5 is added to § 22: " (5) The export of the Act for the Protection of the Cultural Heritage of the German Democratic Republic of the Federal Republic of Germany's Cultural Heritage Act of 3 July 1980 (GBl). 191), the registered cultural property remains subject to authorisation until its entry into the "Register of national valuable cultural assets and national valuable archives" as required by this Act. The second and third sentences of paragraph 4 shall apply accordingly. "

Unofficial table of contents

Annex I Kap II B III Annex I, Chapter II
Area B-Administration
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

(no longer apply)

2.

Personal status law in the revised version published in the Federal Law Gazette, Part III, No. 211-1, as last amended by Article 9 (6) of the Law of 26 June 1990 (BGBl. 1163), with the following measures:

a)

and (b) (no longer applicable)

c)

Continuation of the civil status books and exhibition of civil status documents from these books, which were applied until the date of accession.

aa)

The provisions of the law shall apply mutatily for the continuation of the civil status books by the registry officers and the certificates of the certificates, which are applied until the date of entry into force of the accession in the territory referred to in Article 3 of the Treaty. The margin endorsements to be written to the person status entry shall be included on the back of the entry as a note. Notes on the entries are entered on the front side below the assessment.

bb)

In so far as the personal status entries do not contain the information required in § § 11, 21 and 37, a correction or supplement shall not be made. For the exhibition of civil status documents from these civil status books, the provisions of Section 62 of the Ordination on the Execution of the Personal Status Act as amended by the Notice of 25 February 1977 (BGBl. 377), as last amended by the Regulation of 28 June 1990 (BGBl I). 1388), to use forms E, E 1, E 2, F and G (annexes 23 to 27 of the Regulation on the implementation of the law on civil status). Only information resulting from the entry of the passenger status may be included in these civil status documents. In addition, certified copies of the personal status entries according to § 61 a (1) (1) can be produced, which reproduce the front of the entry without the clues and the back of the entry. They are to be referred to as "certified copy from the ... book of the registry office ..." and are accompanied by the agreement of the forms Ax, Bx and Cx (Appendixes 16 to 18 of the Regulation implementing the Civil Status Act). provided.

cc)

Second books (§ 44) are not to be established for these personal status books.

d)

Standesamt I in Berlin

aa)

The designation "Der Standesbeamte des Standesamts I in Berlin (West)" is replaced by the name "Der Standesbeamte des Standesamts I in Berlin" ("The stand officer of the Standesamts I in Berlin").

bb)

The civil service officer of the Standesamt I in Berlin is responsible for

aaa)

for the continuation and use of the civil status books laid down in accordance with Section 19 of the German Democratic Republic's Personal Status Law at the registry office I Berlin-capital of the German Democratic Republic (Democratic Republic of Germany),

bbb)

for the continuation and use of the provisions of § 22 of the Law on Consular Activities of the German Missions of the German Democratic Republic-Consular Law-of 21 December 1979 (GBl. 45 p. 464), by the German Democratic Republic's missions abroad and to the registry office I Berlin-capital of the German Democratic Republic-issued civil status books,

ccc)

for the management and use of the collection at the Standesamt I Berlin-Capital of the German Democratic Republic-of civil status books, registry registers and civil status documents from areas in which a German civil service official does not work (pursuant to Section 72 of the Ordination on the Implementation of the Personal Status Act),

ddd)

for the management of the decisions on death declarations and findings of the death period (§ 21 of the German Democratic Republic of Germany) filed at the registry office I Berlin-capital of the German Democratic Republic (§ 21 of the German Democratic Republic of Germany). the decisions may be issued with extracts or certified copies.

In the case of the continuation and use of the reference books, point (c) shall apply accordingly.

cc)

Is a case of civil status with a registry officer in the Federal Republic of Germany and in accordance with section 19 of the German Democratic Republic's Civil Status Law at the Standesamt I Berlin-Capital of the German Democratic Republic-or in the case of have been certified to a registry office in the German Democratic Republic and in accordance with section 41 of the standing office officer of the Standesamt I in Berlin (West), so-after a comparison and any correction or addition of the entries-only the To continue the entry of persons at the registry officer responsible for the initial assessment. A note will be sent to the no longer continuing entry to the registry office of the Standesamts I in Berlin.

dd)

(no longer apply)

e)

(no longer apply)

3.
to
9.

(no longer apply)

Unofficial table of contents

Annex I Kap II C II Annex I, Chapter II
Area C-Public security
Section II

Federal law is amended as follows:

1.

Weapons Act, as amended by the Notice of 8 March 1976 (BGBl. 432), as last amended by Article 4 of the Law of 18 February 1986 (BGBl I). 265),

a)

Section 53 (3) is amended as follows:

aa)

In paragraph 6, the word "or" is replaced by a comma.

bb)

In point 7, the point shall be replaced by the word 'or' and the following point 8 shall be added:

" 8.

Contrary to § 59b (5) sentence 1 after the end of the reporting period, the actual violence shall be exercised over a non-declared firearm or on undeclared ammunition. "

b)

In accordance with § 59a, the following § 59b is inserted: " § 59boverride scheme for the purpose of establishing the unity of Germany (1) A permit for transport granted before the date of accession by the authorities of the German Democratic Republic before the date of accession (Manufacture, processing, repair, distribution, transport, storage, storage, exhibition, acquisition, possession, use, export, import and transit) with firearms, ammunition, firearms and cartridges authorized until the end of the from six months after the date of entry into force of the accession to the shall be subject to the previously approved scope. If, before the expiry of the period referred to in the first sentence, an application for a licence has been submitted in accordance with the Weapons Act and has not yet been decided by the competent authority, that period shall be extended to the point of incontestability of the (2) If, on the date of entry into the territory of the territory referred to in Article 3 of the Agreement on Accession, a person does not issue the actual force on firearms and ammunition without the necessary authorization, he shall have the following: these firearms and ammunition shall, within six months of the date of accession of the to notify the competent authority in writing, including its particulars, the type and number of firearms, the calibre of the weapons and ammunition, their manufacturer or trade marks, and, if the firearms have a manufacturing number, these . However, in order to register in accordance with the first sentence, it shall not be required who shall leave the firearms or the ammunition to a person entitled before the end of the period referred to in sentence 1. In order to prove the notification, the authority shall issue a gun ownership card, provided that the applicant has the reliability required. Otherwise, the competent authority may order the weapons to be rendered unusable within a reasonable period of time or to be left to a person entitled to do so, and this shall be demonstrated by the competent authority. Section 37 (5) shall apply accordingly. (3) The weapon possession card referred to in the third sentence of paragraph 2 shall not entice the purchase of ammunition. Ammunition in the possession of the notifier shall be left to an authorised person. (4) If a person has registered a firearm or ammunition in good time in accordance with paragraph 2, he shall not be held on the grounds of illicit acquisition, unauthorised use of the actual ammunition or ammunition. (5) After the date of expiry of the period of registration, the following shall not be subject to the following: Actual use of force by means of firearms, which are subject to notification but not registered, or Ammunition is no longer exercised. (6) If, on the date of entry into effect of the accession, a person has exercised the actual authority over a subject prohibited pursuant to Article 37 (1) 1 sentence 1 or § 8 of the First Regulation on the Weapons Act, then this shall be Prohibition shall not be effective if it makes this object unusable within six months of the date of entry into effect, leaves a person entitled to do so, or makes an application for an exemption from the Federal Criminal Police Office. Section 37 (5) shall apply accordingly. "

Unofficial table of contents

Annex I Kap II C III Annex I, Chapter II
Area C-Public security
Section III

(No longer apply Section III No 1 to 5) Unofficial table of contents

Annex I Kap II D I Annex I, Chapter II
Area D-Consequences of war
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

Refugee Assistance Act, as amended by the Notice of 15 May 1971 (BGBl. 681), as last amended by Article 2 of the Law of 26 June 1990 (BGBl I). 1142), with the legislative decree adopted pursuant to Section 23.

2.

Act of Evidence and Arrest Warrant in the version of the Notice of 1. October 1969 (BGBl. I p. 1897), as last amended by Article 3 of the Law of 17 April 1985 (BGBl. 629), with the legal regulations issued for this purpose pursuant to section 15 (6), section 28 (1) and § 46 (2).

3.

Monetary compensatory act as amended by the Notice of 1 December 1965 (BGBl. 2059), as last amended by Article 16 of the Law of 18 March 1975 (BGBl I). 705), with the legal regulations adopted pursuant to Section 1a (2), Section 3 (3), § 8 (2), § 9 (3), § 11 (4) and § 14a of the Regulation.

Unofficial table of contents

Annex I Kap II D II Annex I, Chapter II
Area D-Consequences of war
Section II

Federal law shall be amended and repealed as follows:

1.

Bundesvertriebenengesetz in the version of the Notice of 3 September 1971 (BGBl. I p. 1565, 1807), as last amended by Article 1 of the Law of 28 June 1990 (BGBl. 1247),

a)

§ 90b is amended as follows:

aa)

In the first sentence of paragraph 1, points 1 and 2 shall be replaced by the words 'as a distributor within the meaning of section 1 of the territories referred to in Article 1 (2) (3)'.

bb)

The following paragraph 7a is inserted: " In the case of the granting of benefits, the provisions applicable in the country which, according to § 2 of the Distribution Regulations, are in accordance with the rules laid down in the Bundesgesetzblatt, Part III, Part III, No. 240-3, are subject to the following provisions: It shall be determined or determined for the resettlement as host country. "

cc)

In paragraph 8, the words "paragraphs 1 to 7" shall be replaced by the words "paragraphs 1 to 7a".

b)

§ 90c is repealed.

2.

Prisoner Assistance Act, as amended by the Notice of 4 February 1987 (BGBl. 512), as last amended by Article 8 of the Law of 26 June 1990 (BGBl I). 1211)

a)

In the second sentence of Article 9a (2), the word 'and' shall be replaced by a comma and, after the words 'for heirs, the following subsentence shall be added' and the means of integration in the event of overlapping of one's own claims with rights as a heir to the respective Maximum amounts are limited. "

b)

In § 17, second sentence, after the word "promotion", the words "in accordance with § 18" shall be inserted.

c)

Section 18 is amended as follows:

aa)

In paragraph 1, the sales designation "(1)" shall be deleted.

bb)

Paragraph 2 shall be repealed.

d)

The following paragraph 3 is added to § 25a: " (3) For a custody in the areas mentioned in § 3 of the Federal Law on Displaced persons (Bundesvertriebenengesetz), it is sufficient if, by way of derogation from § 1 (1) and § 9a (1) sentence 1, the habitual residence after the dismissal from the It has been retained or taken in custody there. Benefits in accordance with § § 9a to 9c for a custody in these territories shall only be granted if they have been applied for until 31 December 1992. "

e)

In Section 22 (1), the words "§ 18 (1)" are replaced by "§ 18".

3.

Regulation on the equality of persons according to § 3 of the Prisoner Assistance Act in the revised version published in the Bundesgesetzblatt, Part III, section 242-1-1

a)

In Section 1, paragraph 1, the words "or have tried to do so" shall be inserted after the words "have taken refuge" and replaced the words "have taken or take" by the word "have".

b)

In Section 1 (2), the words "have taken or take" shall be replaced by the word "have".

4.

Last compensation law in the version of the notice of 1. October 1969 (BGBl. I p. 1909), as last amended by Article 2 of the Law of 28 June 1990 (BGBl. I p. 1247) § 234 (4) and 334a are repealed.

5.

War Prisoner Compensation Act in the version of the Notice of 4 February 1987 (BGBl. 506), as last amended by Article 5 of the Law of 22 December 1989 (BGBl I). I p. 2398) In § 3 (1) sentence 3, the point shall be replaced by a line-point and the following half-sentence shall be added "this shall also apply when meeting their own claims with claims in accordance with § 5."

Unofficial table of contents

Annex I Kap II D III Annex I, Chapter II
Area D-Consequences of war
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

and 2. (no longer apply)

3.

Prisoner Assistance Act as amended on 4 February 1987 (BGBl. 512), as last amended by Article 8 of the Law of 26 June 1990 (BGBl I). 1211), with the following measures:

a)

(no longer apply)

b)

(no longer apply)

c)

The provisions of Sections 4 to 6 on the corresponding application of the Federal Supply Act and of the provisions adopted for its implementation shall apply in the territory referred to in Article 3 of the Treaty with the provisions of Annex I, Chapter VIII, Sachgebiet K Section III.

d)

Benefits provided for beneficiaries under § 1 (1) in the area in which the prisoner assistance law has already been granted prior to accession shall be set off.

4.

Last compensation law in the version of the notice of 1. October 1969 (BGBl. I p. 1909), as last amended by Article 2 of the Law of 28 June 1990 (BGBl. 1247), with the following measures:

a)

(no longer apply)

b)

§ 6 para. 4, § § 305, 306, 308 to 311 as well as § 313 (1) sentence 3, § 314 (1) sentence 2 and § 316 (1) sentence 1 shall not be applied in the area referred to in Article 3 of the Treaty.

c)

The President of the Federal Compensation Office shall designate the competent compensation office for applicants with permanent residence in the territory referred to in Article 3 of the Treaty.

5.

(no longer apply)

Footnote

Sect. III No. 4 (b) italic printing: no longer applicable in relation to § 6 (4), § 309, 313, 314 and others. 316 of the burden-balancing act according to. Art. 5 No. 1 Buchst. d DBuchst. dd G v. 2.12.2006 I 2674 mWv 7.12.2006 Unofficial table of contents

Annex I Kap III Annex I, Chapter III
Division of the Federal Minister of Justice

(Found in Annex I of the EinigVtr-BGBl. II 1990, 921-963) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification of Annex I Kap III)-All documents relating to Chapter III of Annex I shall be issued,

b)

subject-related (e.g. B. Unification of Annex I Cape III F)-All documents relating to subject area F of Chapter III of Annex I shall be issued,

c)

section-related (e.g. B. Unification of Annex I Cape III F III)-issued the document relating to Section III of Section III of Chapter III of Annex I,

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Annex I Kap III A I Annex I, Chapter III
Area A-Legal care
Section I

From the entry into force of the federal law referred to in Article 8 of the Treaty, subject to the special arrangements applicable to the Land of Berlin in Section IV, the following shall be excluded:

1.

Comparison order in the adjusted version published in the Federal Law Gazette III, section III, section 311-1, as last amended by Article 10 (2) of the Law of 19 December 1985 (BGBl. 2355)

2.

Law concerning the introduction of the bankruptcy order in the adjusted version published in the Bundesgesetzblatt part III, outline number 311-2, as amended by Article 1 (10) of the Law of 11 March 1974 (BGBl. I p. 671)

3.

Introduction Act to the Laws concerning amendments to the bankruptcy order in the revised version published in the Bundesgesetzblatt III, outline number 311-3, with the exception of its Article IV, which shall be put into effect on the basis of approximate conditions

4.

Bankruptcy Regulations in the revised version published in the Bundesgesetzblatt, Part III, outline number 311-4, as last amended by § 36 of the Law of 25 July 1986 (BGBl. 1130 in conjunction with the Notice of 30 July 1987-BGBl. P. 2083)

5.

Law on the Social Plan in the Concourse and Comparison Procedure of 20 February 1985 (BGBl. 369), as last amended by the Law of 22 December 1989 (BGBl I). I p. 2405)

6.

Law on the creation of a right of transfer to the production of coal and steel from 1 March 1989 (BGBl. 326)

7.

Federal Act of Law in the revised version published in the Federal Law Gazette, Part III, outline number 303-8, as last amended by Article 3 of the Law of 6 July 1990 (BGBl. 1349).

8.

Federal Code of Law in the revised version published in the Bundesgesetzblatt, Part III, outline number 303-1, as last amended by Article 1 of the Law of 7 August 1981 (BGBl. 803).

Footnote

Sect. I n ° 7 italic pressure: G occurs in the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia. Article 21 (1), third sentence, on the basis of d. Sentence 4 and Article 21 (2) to (13) of the 2nd of September 1994 I 2278 (RPNeuOG) mWv. 9.9.1994 in force.
Sect. I n ° 8 italic pressure: G occurs in the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia. Article 13 (1) in accordance with d. Paragraph 2 to 11 G v. 31.8.1998 I 2585 (BNotOuaÄndG 3) mWv 8.9.1998 in force Unofficial table of contents

Annex I Kap III A II Annex I, Chapter III
Area A-Legal care
Section II

Federal law shall be amended or supplemented as follows:

1.

According to § 744 of the Code of Civil Procedure in the revised version published in the Federal Law Gazette, Part III, outline number 310-4, which was last amended by Article 4 of the Law of 17 May 1990 (BGBl. 926), the following § 744a is inserted:

" § 744a

Pursuant to Article 234 (4) (2) of the Introductory Act to the Civil Code in the State of the Property of the Property and Property Community, the spouses are responsible for the enforcement of the property and property of the property and property of the property and property. § § 740 to 744, 774 and 860 to be applied accordingly. "

2.

The position and powers of the attorney-at-law, which is authorised in the territory referred to in Article 3 of the Einigungscontracges or within the scope of the Bundesrechtsanwaltsordnung (Bundesrechtsanwaltsordnung-Bundesrechtsanwaltsordnung), shall be admitted to the other territory of the attorney Lawyer equal.

Unofficial table of contents

Annex I Kap III A III Annex I, Chapter III
Area A-Legal care
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, subject to the special arrangements applicable to the Land of Berlin in Section IV, in the territory referred to in Article 3 of the Treaty, subject to the special arrangements applicable to the Land of Berlin in the following fields: Power:

1.

to 4. (no longer apply)

5.

Civil procedure in the revised version published in the Bundesgesetzblatt part III, outline number 310-4, as last amended by Article 4 of the Law of 17 May 1990 (BGBl. 926), with the following measures:

a)

to (i) (no longer apply)

j)

Decisions of the social courts cannot be declared enforceable.

k)

and l) (no longer applicable)

6.

and 7. (no longer apply)

8.

German Judicial Act as amended by the Notice of 19 April 1972 (BGBl. 713), as last amended by Article 4 of the Law of 26 June 1990 (BGBl I). I p. 1206), with the following measures:

a)

to x) (not to be used)

y)

For the territory referred to in Article 1 (1) of the Treaty, the following rules shall apply:

aa)

up to (ii) (no longer applicable)

jj)

A conclusion acquired at the University of Potsdam-Eiche or a comparable institution shall not be entitled to the admission of a legal profession regulated by law.

z)

The following shall apply to prosecutors:

aa)

and bb) (no longer apply)

cc)

In other respects, the measures ... (no longer to be applied) ... and y) jj) apply analogously.

8a.

up to 13. (no longer apply)

14.

Criminal procedure in the version of the Notice of 7 April 1987 (BGBl. 1074, 1319), as last amended by Article 12 (1) of the Law of 9 July 1990 (BGBl I). 1354), with the following measures:

a)

to (c) (not to be applied)

d)

The execution of a legal order from a decision of a criminal court of the German Democratic Republic is admissible, unless it is established by a court that the conviction is not compatible with the rule of law or that the nature or amount of the legal order is not appropriate in accordance with the principles of the rule of law or is contrary to the purpose of a federal law. It may also be established that the legal sequence is to be completed in a milder type of consequence. The request for a determination may be made by the convicted person or by the public prosecutor. The application is inadmissible if a cassation procedure or a rehabilitation procedure has been carried out or a rehabilitation procedure can still be carried out. The Court of First Instance decides on the application, under the Criminal Law Rehabilitation Act of 29 June 2009. October 1992 (BGBl. I p. 1814) would be responsible for the rehabilitation. § 458 (3), first sentence, and § 462 (1) sentence 1 and (2) apply accordingly. The decision shall not be countervailable. The postponing or interruption of the execution may also be ordered by the public prosecutor's office.

e)

to k) (no longer applicable)

15.

up to 28. (no longer apply)

Unofficial table of contents

Annex I Kap III A IV Annex I, Chapter III
Area A-Legal care
Section IV

By way of derogation from the provisions of Sections I and III, the Court of Justice of the Federal Republic of Germany, which has been established in the existing scope of the Basic Law, shall be subject to the ordinary jurisdiction, including the establishment of the The Public Prosecutor's Office, the Administrative Court, the Financial Courtsability, the Labour Court and the Social Court extend to the part of the Land of Berlin, in which the Basic Law has not yet been applied.
1. to 4 (no longer apply) Unofficial table of contents

Annex I Kap III B I Annex I, Chapter III
Subject B-Civil law
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

Law on judicial contract assistance in the revised version published in the Bundesgesetzblatt, Part III, outline number 402-4.

2.

Regulation-Regulation of 27 June 1970 (BGBl. 1010), as last amended by the Regulation of 21 July 1988 (BGBl I). 1082).

Unofficial table of contents

Annex I Kap III B II Annex I, Chapter III
Subject B-Civil law
Section II

Federal law shall be amended or supplemented as follows:

1.

The Introductory Act to the Civil Code in the revised version published in the Federal Law Gazette III, outline number 400-1, as last amended by Article 3 of the Law of 26 June 1990 (BGBl. 1206), is amended as follows: Following the Fifth Part, the following part is adjoined: " Sixth part-entry into force and transitional law resulting from the introduction of the Civil Code and the introduction of this Act of Introduction in Article 3 of the (1) The provisions of Article 616 (2) and (3) and Articles 622 and 1706 to 1710 of the Civil Code do not apply to the territory referred to in Article 3 of the Agreement. (2) The The Civil Code and this Act of Introduction are also to be found in this area on the day of the To make accession more effective in accordance with the following transitional provisions in force. Article 231First book. The general part of the Civil Code § 1Unmündigungirrevocally outspoken charges remain effective. Dismissal due to pathological disturbance of the spirit level shall be considered as charges of weakness, charges of abuse of alcohol shall be deemed to have been made as charges of drunkying, charges of other smoking-related funds or drugs are considered as charges of drug addiction in the sense of the Civil Code. § 2Vereine (1) Legal associations governed by the Law on Associations-Unification Act-of 21 February 1990 (GBl). 75), as last amended by ... prior to the date of entry into effect of the accession, shall continue. (2) From the date of the date of accession, they shall apply to articles 21 to 79 of the Civil Code. Article 55 (1) shall apply, on condition that the register of associations shall be held by the authorities responsible for the entry into the territory of the territory referred to in Article 3 of the Treaty before the date of entry into force of the accession. From the date of entry into force, associations lead to the designation "registered association". (4) On non-legal associations within the meaning of the Law on Associations-Unification Act-of 21 February 1990, it shall take place from the date of the Application of the Act of Accession § 54 of the Civil Code Application. § 3Foundations (1) The following in the Pursuant to Article 3 of the Agreement, existing legal foundations exist. (2) The provisions of § § 80 to 88 of the Civil Code shall apply to foundations of the private law from the date of the date of accession. § § 31 and 89 of the Civil Code are to be applied only to such acts which are committed on the day of the date of accession or after that. § 5Things (1) Not to the components of a Property includes buildings, buildings, facilities, plantations or facilities, which, in accordance with the law applicable to the date of entry into force of the accession date, are independent property of the property. The same shall apply where such objects are established or affixed on the date of the date of entry into or after the date of entry into force of the accession, in so far as this is due to a right of use on the land or land before the date of effect of the accession. Right of use in accordance with § § 312 to 315 of the Civil Code of the German Democratic Republic is permissible. (2) The right of use in the property and the above-mentioned plants, plantings or facilities are considered to be the essential elements of the § 6statute of limitations (1) The provisions of the Civil Code on the statute of limitations are to be found to the claims which exist on the date of entry into force of the accession and which have not yet been subject to limitation. However, the beginning, the inhibition and the interruption of the period of limitation shall be determined for the period prior to the date of accession in accordance with the legislation currently in force for the territory referred to in Article 3 of the agreement. (2) The period of limitation under the Civil Code is shorter than that of the legislation which has so far been applied to the territory referred to in Article 3 of the Agreement, the shorter period shall be calculated from the date of the date of entry into force of the accession. However, if the period of time specified in the legislation hitherto applied to the territory referred to in Article 3 of the Agreement is longer than the shorter time limit laid down in the Civil Code, the limitation period shall be the expiry of the period of limitation. the longer period shall be completed. (3) Paragraphs 1 and 2 shall be applied in accordance with the time limits applicable to the assertion, acquisition or loss of a right (Article 232Second book). Law of obligations § 1 General provisions for debt ratios For a debt relationship which arose prior to the date of entry into force of the accession, the current law applicable to the territory referred to in Article 3 of the Agreement of Unity shall remain applicable. § 2Rent (1) Leases on the basis of contracts concluded before the date of entry into force of accession shall be governed by the provisions of the Civil Code from that date, unless in the following paragraphs is determined otherwise. (2) On legitimate interests in the sense of § § (3) The landlord may not rely on legitimate interests within the meaning of Section 564b (2) (2) sentence 1 of the Civil Code (own requirement) after 31 December 1992. . This does not apply if the exclusion of the right of termination of the right of termination for the landlord, in view of his accommodation needs and his other legitimate interests, would mean a hardship which would not be justified even with appreciation of the tenants ' interests (4) Before 1 January 1993, the landlord may terminate a tenancy in accordance with Section 564b (4) sentence 1 of the Civil Code only if he/she is responsible for the continuation of the tenancy on account of his/her residential or repair needs or other (5) The lessee may be a member of the European Union until 31 December 1992. Cancellation of a tenancy agreement on business premises or commercial unbuilt property shall be contrary to the contract and require the landlord to continue the tenancy if the termination of the contract poses a significant risk to his/her termination of the lease. economic livelihood. This shall not apply,

1.

if there is a reason why the landlord is entitled to terminate the contract without having to comply with a notice period, or

2.

if the landlord, in the case of other renting, could obtain a higher rent than the previous rent and the tenant refuses to agree to an appropriate increase in the rent from the date on which the termination was effective; or

3.

if the lessee refuses to consent to a transfer of the operating costs, or

4.

if the landlord cannot be allowed to continue the rental relationship for other reasons.

An increase in rents shall be appropriate within the meaning of the second sentence of sentence 2, where the required rent does not exceed the usual rent, which is in the case of business premises or land of the same type and location following the omission of the price links. If the tenant agrees to an adequate rent increase, the landlord may not rely on the fact that he could obtain a higher than the usual rent in the case of other renting. (6) In the case of termination under paragraph 5, only those in the The reasons given for termination shall be taken into account unless the reasons have been subsequently incurred. § 556a (2), (3), (5) to (7) and Section 564a (2) of the Civil Code, as well as § 93b (1) to (3), § 308a (1) sentence 1 and § 708 (7) of the Code of Civil Procedure, § 16 (3) and (4) of the Law on Civil Procedure shall apply accordingly. (7) The Period of notice pursuant to Section 565 (1) (3) of the Civil Code shall be extended by three months for termination of notice declared before 1 January 1994. § 3 Pacht (1) Pachtary relationships arising from contracts concluded before the date of entry into force of the accession date. in accordance with § § 581 to 597 of the civil service. Statutory provisions. (2) § § 51 and 52 of the Agricultural Adjustment Act of 29 June 1990 (GBl. I n ° 42 p. 642) remain unaffected. § 4Use of land for recovery (1) Terms of use according to § § 312 to 315 of the Civil Code of the German Democratic Republic on the basis of contracts which prior to the effective date of accession in accordance with the provisions of the Civil Code referred to above. Deviating regulations are reserved for a special law. (2) The Federal Government is authorized to enact provisions on the appropriate design of the usage fees by means of a regulation with the consent of the Federal Council. Charges shall be appropriate up to the level of the local interest rate for land plots, which shall also be used in a comparable manner with regard to the nature and scope of the building. In the legal regulation provisions may be made concerning the determination of the local interest rate, the procedure for the increase in remuneration and the termination in the event of an increase. (3) For use ratios within Small garden facilities remain the application of the Federal Small Gardening Act (Bundeskleingartengesetz) of 28 February 1983 (BGBl. 210) without prejudice to the additions contained in Annex I, Chapter XIV, Section II, point 4, to the Agreement of the Agreement. § 5 Labour relations applicable on the date of entry into force of accession shall apply without prejudice to the provisions of Article 230 of § 6Treaties on recurrent service contracts For the date of entry into force of accession, maintenance and maintenance contracts and contracts for recurrent personal services are provided for shall apply from this period to the provisions of the Civil Code. 7Account contracts and savings accounts The credit institution may, by means of a declaration to the account holder, determine that the provisions of the Civil Order on an account contract or savings account contract on the date of the date of accession of the account holder The general terms and conditions applicable to such contracts, including the general terms and conditions to be described in more detail in the current scope of this law, shall apply. The account holder may terminate the contract within one month from the receipt of the declaration. § 8Credit agreements, which have been concluded after 30 June 1990, shall be subject to § 609a of the Civil Code. § 9BruchteilsmeanpropertiesThe provisions of the Civil Code shall apply from this time to the provisions of the Civil Code. § 10Unauthorised HandlungenThe provisions of § § 823 bis (Act of Civil Code) 853 of the Civil Code shall be applied only to acts adopted on the date of: To make accession more effective or thereafter to be committed. Article 233Third book. Right of reason § 1 Acquis to the provisions of the Civil Code from that period shall apply from that period to the provisions of the Civil Code. (1) On the date of the date of entry into force of the accession existing ownership of goods shall be applied from this time to the provisions of the Civil Code unless otherwise specified in the following provisions. (2) Wem up to the date of the national law shall be applied or who shall The right to have the right to have traditional folkloric property is determined by the special § 3Content and rank of limited rights (1) Rights with which a matter or a right at the end of the day is charged before the effective date of accession, shall remain with that of the (2) a subsequent cleansing of such legal relationships or their adaptation to the Civil Code and its ancesial laws. or subject to changed circumstances. (3) The repeal of a right, with which a property or a right to a property is burdened, depends on the previous regulations, if the right of entry in the land register was not required and is not registered. § 4Special provisions for rights of use and Building ownership (1) For building ownership pursuant to Section 288 (4) or Section 292 (3) of the Civil Code of the German Democratic Republic, the effect of accession shall apply to the provisions of the civil code relating to land. Statutory code with the exception of § § 927 and 928. (2) A right of use according to § § 287 up to 294 of the Civil Code of the German Democratic Republic, which is not entered in the land register of the land under load, shall be replaced by the provisions of the Civil Code on the basis of the provisions of the Civil Code the public faith of the basic book shall not be affected if a home or other building permissible under the right of use is wholly or partly established in the date of the public faith. In this case, the acquirer of the property or any other right of the land under load may require the cancellation or alteration of the right of use against compensation of the assets resulting from the use of the property, if: the right of use for him is linked to disadvantages which are considerably greater than the damage caused to the user by the cancellation or alteration of his/her right; this shall not apply if he or she has acquired the property or other On the right, in the relevant time for the public faith of the basic book, the (3) The provisions of paragraphs 1 and 2 shall apply accordingly, in so far as, under other legislation, building property for which a building land sheet is to be created in connection with a right of use to the affected person § 5Co-use rights (1) Rights of use within the meaning of § 321 (1) to (3) and Section 322 of the Civil Code of the German Democratic Republic shall be deemed to be the rights of the subject of the property under load, in so far as their grounds for consent of the owner of this land. (2) Insofar as the provisions referred to in paragraph 1 shall remain effective in respect of an acquirer of the land or of a right in that land, even if it is not in the land register, in accordance with the legislation applicable on the day before the date of entry into force of the accession. , they shall retain their effectiveness even in relation to the provisions of the Civil Code on the public faith of the Basic Book, until such time as they are otherwise regulated. However, the acquirer of the property or any other right in the land under load may, in this case, require the cancellation or amendment of the right of co-use against compensation of the assets resulting from the loss of property arising from the right to compensation for the property, where the right of co-use is associated with disadvantages which are considerably greater than the damage caused to the person concerned by the abolition or amendment of that right; this shall not apply if the person responsible for the repeal or amendment shall be entitled to of the right of co-use, the acquisition of property or other law (3) A right to use the property in accordance with the provisions of paragraph 1 as a right to a property may be included in the land register even if it was not eligible for registration in accordance with the provisions in force on the day before the date of accession. § 6Mortgages (1) For the transfer of mortgage claims under the Civil Code of the German Democratic Republic, consisting of the date of entry into force of accession, shall be subject to the following: Provisions of the Civil Code to be applied in the transfer of security mortgages accordingly. The same applies to the cancellation of such mortgages with the proviso that § 1183 of the Civil Code and § 27 of the Basic Book Order are not to be applied. The provisions of the Civil Code on the waiver of a mortgage are not applicable in such mortgages. (2) The transfer of mortgages, basic debt and pension liabilities from the period before the entry into force of the Civil Code of the The German Democratic Republic and the other provisions relating to such rights shall be governed by the relevant provisions of the Civil Code. § 7On the date of entry into force of the accession, changes in the law (1) shall be governed by the transfer of the Ownership of a plot of land depends on the rules the Civil Code shall be subject to the legislation in force on the day before the date of entry into force, if the application for entry in the land register has been submitted before the date of entry into force of the accession. 2. A right to the provisions in force on the day before the date of entry into force of the accession may be justified after that date in accordance with these provisions, if the registration in the land register is valid. , which has been requested before the date of entry into force of the accession to the Land Registry Office. § 3 (1) and (2) shall apply mutas to such a right. Where an application for registration of a right of the kind referred to in the first sentence 1 has been requested before the date of accession to the Land Registry, the provisions applicable on the day before the date of entry into force of the accession shall be subject to the provisions of § 8Legal relations according to § 459 of the Civil Code Insofar as legal relationships and claims under the former § 459 of the Civil Code of the German Democratic Republic and the implementing provisions passed thereto at the end of the They shall remain before the date of action of accession, subject to the provisions of § 2 and any future provisions relating to the cleansing or settlement of such legal relationships shall be without prejudice to any future provisions. As far as building ownership exists, § 4 para. 1 is to be applied accordingly. Article 234Fourth book. The Fourth Book of the Civil Code applies to all family law relationships that exist on the date of the date of entry into force of the Act of Accession, unless otherwise specified in the following. § 3Effects of the marriage in general (1) Spouse which, before the date of entry into force of the accession, has concluded the marriage and in accordance with the period of time of the accession of the Marriage applicable law, one of the first sentence of § 1355 paragraph 2 sentence 1 of the Civil Code may not be able to make the appropriate choice, until the end of one year after the date of accession, they may declare that they wish to lead the birth name of the man or woman as an ehenamen. This shall not apply if the marriage is dissolved or annulled. If, before the date of accession, a spouse has added his name to the name of the marriage at the time of the marriage, he shall:

1.

the added name shall be omitted if the spouses, as set out in the first sentence, declare that they wish to lead the spouse ' s birth name as an eshname;

2.

the spouse may, by the end of two years after the date of entry into force of the accession, declare that, instead of the added name, the spouse must now move forward his birth name.

Section 1355 (3) of the Civil Code does not apply to a spouse whose name has become the name of marriage at the time of marriage. (2) A change of name referred to in the first sentence of paragraph 1 shall apply to the birth name of a descendant, who shall: the 14. The year of life is completed only if it follows the change in the name of his/her parents by means of an explanation. A descendant limited in the business capacity may only make the declaration himself; he shall require the consent of his legal representative for this purpose. If the former birth name has become a descendant of a descendant, the name change referred to in the first sentence of paragraph 1 shall apply to the eshmac only if the spouses share the declaration referred to in the first sentence of paragraph 2. The declarations referred to in the first and third sentences of paragraph 2 shall be made within one year; the time limit shall begin with the submission of the declaration referred to in paragraph 1. (3) The declarations referred to in paragraphs 1 and 2 shall be subject to the public certification. They shall be sent to the standing officials responsible for their reception. The declarations can also be certified or certified by the civil servants. (4) In order to receive the declaration on the change of the marriage name, the registrar is responsible for the family book of the spouses; a family book will be provided. , the registry officer shall be responsible, who shall lead the marriage book. On the basis of the declaration, the registry officer shall enter into the personal standing book he is conducting. (5) In order to receive the declaration on the change in the name of the birth, the registry officer shall be responsible for the birth book; he shall take the place of birth. (6) If the spouses have closed the marriage outside the scope of this law and a family book is not kept, the registry officer of the Standesamts I in Berlin Responsible. He or she shall, if he does not carry a civil status book, in which an entry would be made on the basis of the declaration, to the declaring and to the person concerned further by the declaration, a certificate of the receipt and effects of the declaration. The same shall apply if the birth of the descendant is not in the scope of this law. (7) The Federal Minister of the Interior shall be authorized, in consultation with the Federal Minister of Justice and with the consent of the Federal Council, to carry out § 4Eheliches Güterrecht (1) Have the spouses on the date of the date of entry into the law of the date of entry into the law of the date of entry into the law of the law Property of the property and wealth community of the Family Code of the In so far as the spouses have not agreed otherwise, the German Democratic Republic shall apply from that date to the provisions relating to the legal status of the contraction community. (2) Each spouse may, if not previously, apply. The marriage contract concluded or the marriage has been divorced, until the end of two years after the date of entry into force of the accession to the district court, that for the marriage the previous legal state of goods should continue. § 1411 of the Civil Code applies accordingly. If the declaration is made, the transfer shall be deemed not to take place. From the restoration of the original state of the goods, the spouses may, and in respect of a third party, objecting to a legal transaction which, following the transfer between the spouses or between one of them and the third party, may be (3) In order to receive the declaration referred to in paragraph 2, each district court shall be responsible. The declaration must be notarized. If the spouses have not made the declaration jointly, the district court shall inform them of the other spouse in accordance with the provisions of the Code of Civil Procedure in force for the purposes of the provisions of the Office. For delivery, expenses are not levied pursuant to § 137 (2) of the Cost Code. If the declaration is accompanied by an application for registration in the register of goods law, the district court shall forward the request with the declaration to the register court. The legal status of goods, which shall be based on the declaration, shall be entered in the register of goods if one of the spouses so requests. If the application is filed only by one of the spouses, the register court shall hear the other spouse before the registration. In the case of the court proceedings, the provisions of the law on matters of voluntary jurisdiction shall apply. (4) In the cases referred to in paragraph 1, it shall apply to the dispute over the date of entry into force of the accession. (5) For spouses who have been divorced before the date of entry into force of the Act of Accession of the German Democratic Republic (5), the Community property and property and, for the decision on the marriage, the previous (6) For the assessment of the declaration referred to in paragraph 2 and the application for the register of goods and for the registration in the register of goods, the value of the business value is 5,000 Deutsche Mark. § 5 maintenance of divorced spouse The right to maintenance of a spouse, whose marriage has been divorced before the date of entry into effect of the accession, shall remain relevant to the previous law. Maintenance agreements remain unaffected. § 6Supply compensation for spouses, which before the fundamental entry into force of the insurance and pension provisions of the Sixth Book of the Social Code-statutory pension insurance-in the territory referred to in Article 3 of the Agreement has been or will be divorced, the right of compensation shall not apply. If the marriage is divorced after that date, the compensation shall not take place to the extent that the right to be equated shall be the subject or the basis of an effective agreement concluded before the date of entry into effect of the accession; or § 7 descent (1) Decisions which have been taken prior to the date of entry into force of the accession and establish that the mother's husband is not the father of the child, who is the father of the child or that recognition of fatherhood is ineffective, shall remain unaffected. The same is true of the recognition of paternity which has become effective after 31 March 1966 and before the date of entry into force of accession. (2) The time limits for claims by which a child's helicality or the recognition of paternity (3) Before the date of entry into force of the accession, the paternity shall be challenged or brought to an action before the date of entry into force of the accession. Determination of the ineffectiveness of a recognition of fatherhood and not of the claims before the date of entry into force of the accession, the period shall not be included in the time limit referred to in paragraph 2 until the date of entry into force of the date of entry into force of the date of entry into force of the date of entry into force of the date of entry into force of the accession (4) Decisions and declarations other than those referred to in paragraph 1 which, under the previous law, have the effect of a The recognition of paternity within the meaning of the second sentence of paragraph 1 shall be recognised as having § 8Adjustment of maintenance pensions for minors (1) The percentage according to § 1612a (2) sentence 1 of the Civil Code may be used by the Land Government for the territory referred to in Article 3 of the agreement by means of a regulation (Adaptation Regulation). Prior to a provision, the Land Government shall inform the other State Governments in the territory referred to in the first sentence and the Federal Government. (2) The Land Government may further transmit the authorization. (3) The provisions of paragraphs 1 and 2 shall not apply if: the Federal Government determines the percentage rate in accordance with § 1612a (2) sentence 1 of the Civil Code in this area. (4) An adjustment in accordance with § 1612a (1) sentence 1 of the Civil Code cannot be considered for an earlier date than the beginning of the second calendar month following the entry into force of the Adaptation Regulation § 9Rule requirement of the non-helike child (1) The rule requirement in accordance with § 1615f (1) sentence 2 of the Civil Code may be regulated by the respective Land Government in the area referred to in Article 3 of the Agreement Treaty by means of a legal regulation shall be fixed. Prior to a setting, the Land Government should inform the other national governments in the area referred to in the first sentence and the Federal Government. The rule requirement is to be classified according to age in the same way as the rule required by the Federal Government with the consent of the Federal Council. A gradation according to the local differences in the cost of living does not take place. (2) The Land Government can further transfer the authorization. (3) The provisions of paragraphs 1 and 2 shall not apply if the Federal Government requires the rule of law in accordance with § 1615f § 10Legal relationship between the parents and the child in general The surname of a child born before the date of action of the accession shall be determined by the name of the child until the end of the period of validity of the child's The effects of the accession of the European Union on the effects of the accession date (1) The parental concern for a child shall be the responsibility of the person who is entitled to the right of parenting on the day before the date of entry into effect of the accession under the previous law. On the day before the date of entry into force of the accession, the right of parenting shall be the father of a non-helike (2) decisions, findings, or measures taken by the court or administrative authority before the date of action of the child or the child. (2) decisions, findings or measures taken by the court or administrative authority before the Accession in matters of parental concern shall remain unaffected. § 1674 (2) and § 1696 of the Civil Code apply accordingly to the amendment of such decisions, findings or measures. (3) Before the date of entry into the divorce judgment, the court of tribunal shall have a judgment on the parental leave. (4) If a child is a child by his/her parents or by his/her parents, he/she shall not be able to exercise the right to exercise parental parental responsibility for the period of one year. (4) Consent shall be housed in a manner linked to deprivation of liberty, shall apply to the entry into force of the accession to the provisions of the Civil Code. Soon after the entry into force of the accession, the parents will have to seek the judicial authorisation of the accommodation. The accommodation shall be terminated at the latest after the expiry of 6 months after the date of entry into force of the accession, if the court has not previously approved it. § 12legitimation of the non-marionary child The period in accordance with § 1740e para. 1 sentence 1 of the Civil § 13Adoption as a child (1) For acceptance conditions which have been established before the date of entry into effect of the accession, § 1755 paragraph 1 sentence 2, § § 1756, 1760 para. 2 letter e and § § 1767 bis 1772 of the Civil Code. § 1766 of the Civil Code does not apply if the marriage has been concluded before the date of entry into effect of the accession. (2) Before the date of accession, decisions of the Court of First Instance, by which an acceptance ratio has been annulled, shall be deemed to have been taken, remain unaffected. The same shall apply to decisions taken by a State institution which annuls an acceptance relationship and which has become effective before the date of entry into effect. (3) If the consent of the child or of a parent has been justified, it may therefore only be lifted if the consent has been required under the previous law. (4) Is an acceptance ratio before the date of entry into effect , and the consent of a parent was not based on the previous law required because

1.

this parent has been unable to make a declaration for an unforeseeable period of time, or

2.

the stay of this parent could not be determined,

the acceptance ratio may nevertheless be repealed at the request of this parent. § 1761 of the Civil Code applies accordingly. The application may only be made within one year if no three years have elapsed since the date of adoption. The period shall begin in the case of the first sentence of 1 (1) with the date on which the parent regains the ability to make a declaration; in the case of sentence 1 (2), the period shall start from the date on which the parent becomes aware that the parent's part is (5) An acceptance relationship has been established before the date of entry into effect of the accession and the consent of a parent has not been required under the previous law, because that parent is the parent of the In the case of parental leave, the acceptance ratio may nevertheless be withdrawn at the request of this parent is repealed. § 1761 of the Civil Code applies accordingly. The application may only be made by the end of one year after the date of accession of the applicant. (6) If an acceptance relationship has been established before the date of accession, the consent of a parent has been replaced because the parent's consent has been In the case of refusal of residence, paragraph 5 shall apply mutagenically. (7) If, on the date of the date of accession, a parent has not yet decided on the action of a physical parent for the annulment of an acceptance relationship, the decision shall not be final , the application shall be deemed to be a request for the removal of the acceptance ratio. § 1762 (3) of the Civil Code does not apply. (1) The provisions of the Civil Code apply to the existing guardianship and provisional guardianship. (2) Previous post-accession negotiations Orders from pre-mouths remain effective. If the spouses are jointly appointed to the subpoenders pursuant to Section 90 (1) of the Family Code of the German Democratic Republic, the provisions of § 1678 (1) and (1) shall apply in the case of the prevention of a co-chairman. (3) If the Youth Welfare Office or the State Secretariat itself carries out a guardianship, it shall be continued as an official guardianship (§ § 1791b, 1897, sentence 1 of the Civil Code). (4) The The provisions of the Civil Code on the application of coins shall not be applied until 1 January 1992. (5) For claims by the guardian of remuneration for the period up to the date of entry into force of the accession, and for reimbursement of expenses incurred in connection with the application of the provisions of the § 11 (4) applies accordingly. § 11 (4) applies accordingly. § § 11 (4) 15Pflegschaft (1) On the date of the date of entry into force of the accession, the existing pledge will become the corresponding parishes in accordance with the Civil Code. The circle of action corresponds to the circle of activity defined so far. (2) § 14 (2) to (6) applies accordingly. Article 235Fifth book. Erbrecht § 1Erbrechtliche ratios (1) The current law remains decisive for the erbrechtliche ratios if the testator has died before the entry into effect of the accession. (2) Instead of the § § 1934a to 1934e, 2338a of the Civil The code of law also applies if the unmarried child is born before the effective date of accession, the provisions relating to the inheritance of the matrimonial child. § 2Prosecutions of death WegenThe establishment or cancellation of an order of death due to death before the effective date of accession, it shall be assessed in accordance with the law to date, even if the Deceased after the effective date of accession. This also applies to the binding of the deceased in the case of a Community testament, provided that the will has been established before the date of accession. Article 236Introduction Law: International Private Law § 1Completed Predecessor § 2Effects of the legal relationship of the family law The effects of the legal relationships of the family are subject to the effect of the law of the Accession to the provisions of the Second Chapter of the First § 3Goods. The amicable effects of marriages which have been concluded before the date of entry into effect of the accession shall be subject to this date in accordance with Article 15, which shall be replaced by the date of the marriage of the day of the Effective accession. To the extent that, on the sole basis of a change in the applicable law as set out in the first sentence, claims would result from the termination of the former state of the goods, they shall be deemed to have been stranded until the expiry of two years after the date of entry into force of the accession. "

2.

In respect of compensation in connection with rights arising from the legislation of the statutory pension insurance scheme in force in the area referred to in Article 3 of the Agreement, or of the provisions in force there, of a , the following special provisions apply: § 1 (1) If a spouse has a right within the meaning of § 1587 (1) of the Civil Code on the basis of the provisions of Article 3 of the Agreement of Unity in accordance with the law of the statutory pension insurance scheme or of the legislation in shall be subject to the provisions of a comparable system of protection and shall not be subject to the right of third party law to be subject to the provisions of the provisions of this Regulation. Section 628 (1) of the Code of Civil Procedure shall apply accordingly. This shall not apply,

1.

in so far as a partial decision can be taken without the inclusion of this right, the supply balance;

2.

if the conditions set out in the first sentence of paragraph 2 are met, in which case a preliminary supply compensation within the meaning of the second sentence of paragraph 2 shall be carried out.

(2) A supply compensation suspended in accordance with paragraph 1 shall be resumed upon request, if the conditions of § 1587g (1) sentence 2 of the Civil Code or Section 3a (1) of the Act for the settlement of hardship in supply compensation exist. In this case, a preliminary supply compensation shall be carried out. The interim pension scheme shall be determined in accordance with the rules on the balance of the supply of services, which shall apply in accordance with the following conditions:

1.

The right referred to in paragraph 1 shall be assessed and duly compensated in the light of the principles laid down in Section 1587a of the Civil Code.

2.

§ 1587l of the Civil Code does not apply.

3.

§ 3a (2) of the Act on the regulation of hardship in supply compensation does not apply. A survivor's pension for the benefit of the victorious is to be charged to the compensation pension in accordance with Section 3a (1) of the Law on the settlement of hardship in the supply balance; the offsetting pension shall not be charged to the extent to which the person entitled to the compensation pension is not in accordance with § 1587g of the Civil Code, State.

(3) In the case of the interim supply compensation, Section 53b (2) of the Law on the matters of voluntary jurisdiction shall be applicable in accordance with application. (4) If the supply compensation is suspended or a provisional supply compensation is , the supply compensation shall be resumed if the insurance and pension provisions of the Sixth Book of the Social Code are in principle in force in the territory referred to in Article 3 of the agreement § 2Liegen the conditions for a suspension of the Compensation for supply or for the implementation of a temporary supply compensation in accordance with § 1 is not present and is responsible for the insurance of the person entitled to a statutory pension insurance scheme, which is based in one of the provisions of Article 3 of the territory referred to in the agreement, the person entitled to the pension shall be deemed to have been entitled to the pension insurance institution if the pension insurance institution has its registered office in the previous scope of the Basic Law, otherwise: insured with the Federal Insurance Office for employees. The pension insurance institution, in which the person entitled to the pension is then considered as insured, shall take out insurance in accordance with the provisions of the statutory pension insurance scheme in force in the previous scope of the Basic Law, but without taking into account Peculiarities, through.

Unofficial table of contents

Annex I Kap III B III Annex I, Chapter III
Subject B-Civil law
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

to 8. (no longer apply)

9.

Law of Vanity in the revised version published in the Federal Law Gazette III, section 401-6, as last amended by Article 3 of the Law of 25 July 1986 (BGBl. 1142), and the law amending the provisions of the right of vanity in the version published in the Bundesgesetzblatt III, outline number 401-7, respectively, with the following measures:

a)

(no longer apply)

b)

The effect of a declaration of death before the date of entry into effect of the date of accession shall be determined in accordance with the law applicable to date in the territory referred to in Article 3 of the Treaty.

10.

up to 14. (no longer apply)

Unofficial table of contents

Annex I Kap III C I Annex I, Chapter III
Area C-Criminal law and anti-administrative law
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

Fifth Law on the Reform of the Criminal Law of 18 June 1974 (BGBl. 1297), as last amended by Articles 3 and 4 of the Law of 18 May 1976 (BGBl I). 1213).

2.

Ordinance on the implementation of the Act on Intra-German Legal and Administrative Assistance in Criminal Matters of 23 December 1953 in the revised version published in the Federal Law Gazproc III, Section 312-3-1.

Unofficial table of contents

Annex I Kap III C II Annex I, Chapter III
Area C-Criminal law and anti-administrative law
Section II

Federal law shall be repealed, amended or supplemented as follows:

1.

The Introductory Act to the Penal Code of 2 March 1974 (BGBl. 469), as last amended by Article 4 of the Law of 13 April 1986 (BGBl I). 393), shall be amended as follows:

a)

In accordance with Article 1, the following Articles 1a and 1b shall be inserted: Article 1aapplicability of the provisions on security custody The provisions of the Criminal Code on safeguards shall apply where the offender

1.

who has committed the conviction in a place where the penal code has already been subject to accession before the date of entry into force of the accession; or

2.

its livelihood shall be at the place referred to in paragraph 1.

Article 1bApplicability of the provisions of international criminal law Insofar as German criminal law applies to acts committed abroad and a different criminal law applies within the scope of this Act, those provisions shall apply. Application that applies to the place where the perpetrator has his or her livelihood. "

b)

Article 315 is replaced by the following: " Article 315Validationof criminal law for deeds committed in the German Democratic Republic (1) In deeds committed before the effective date of accession in the German Democratic Republic, § 2 of the Penal code with the proviso that the Court of First Instance departs from punishment if, in accordance with the law of the German Democratic Republic at the time of the act, neither a custodial sentence nor a conviction on probation nor a financial penalty it would have been. In addition to the custodial sentence, the accommodation in the security custody as well as the management supervision in accordance with § 68 (1) of the Penal Code are not ordered. As a result of an act which was committed before the date of entry into effect, there is no supervision under Section 68f of the Penal Code. (2) The provisions of the Criminal Code on the fine (§ § 40 to 43) shall also apply to the provisions of the Penal Code. Acts of accession in the German Democratic Republic shall be effective, unless otherwise specified below. The financial penalty shall not exceed the maximum amount of the fine previously threatened, according to the number and the amount of the daily rates. A maximum of three hundred and sixty daily rates may be imposed. (3) The provisions of the Criminal Code concerning the suspension of a criminal law and the withdrawal of suspended sentences shall apply to convictions on probation (Section 33 of the Criminal Code). of the German Democratic Republic), as well as to custodial sentences imposed on actions committed before the effective date of accession in the German Democratic Republic, unless it is based on the principles of § 2 para. 3 of the penal code. (4) The provisions of paragraphs 1 to 3 shall apply. no application, insofar as the criminal law of the Federal Republic of Germany has already been subject to the date of entry into force of the accession.

c)

In accordance with Article 315, the following Articles 315a to 315c are inserted: " Article 315a Limitation of the period of enforcement and enforcement of acts of Tata pursued in the German Democratic Republic and shall be subject to the limitation of the period of limitation of the persecution or of the Enforcement in accordance with the law of the German Democratic Republic until the date of accession did not occur, it remains in the process. The period of limitation shall be deemed to be interrupted on the date of the entry into force of the Act of Accession; Section 78c (3) of the Criminal Code shall remain untouched. Article 315bStrafantrag shall apply to the TatenThe provisions of the The Criminal Code on the application of criminal law also applies to the acts committed before the effective date of accession in the German Democratic Republic. If an application was required under the law of the German Democratic Republic for prosecution, it will remain in the process. A request made before the date of accession takes effect shall remain effective. If, on the date of the date of accession, the right to make a criminal complaint had already been granted, the German Democratic Republic has already been granted the right to loathe, it shall remain in the process. If, according to the provisions of the Federal Republic of Germany, the act is only traceable on request, the application deadline shall expire at the earliest on 31 December 1990.Article 315cAdaptation of the criminal charges As far as criminal offences of the German Democratic Republic , the criminal threats provided for in the Penal Code shall be punishable by the custodial threats of the custodial sentence and the fine. The remaining penalty threats are eliminated. § 10 sentence 2 of the 6. However, the law on criminal law of the German Democratic Republic remains unaffected. The fine may not exceed the maximum amount of the previously threatened fine, according to the type and amount of the daily rates. A maximum of three hundred and sixty daily rates may be imposed.

2.

The Federal Central Register Act, as amended by the Notice of 21 September 1984 (BGBl. 1229; 1985 I p. 195), as last amended by Article 3 of the Law of 30 August 1990 (BGBl I). I p. 1853), shall be amended as follows:

a)

Following the third part, the following fourth part is inserted: Fourth partial transfer of the criminal record to the Attorney General of the German Democratic Republic § 64aCriminal register of the German Democratic Republic (1) The Federal Prosecutor General shall be the storage, modification, transfer, blocking and deletion of the entries and the underlying documents of the criminal record previously held with the Attorney General of the German Democratic Republic; he shall be responsible for the storage, storage and use of the documents In this respect, the responsibility for data protection. (2) Registrations of the criminal records kept to date with the Attorney General of the German Democratic Republic will be taken over in the Federal Central Register. The acceptance of the entries in the Federal Central Register shall be carried out at the latest on the occasion of the processing of an information from the Federal Central Register after examination by the register authority, having regard to paragraph 3. The decision to take over all entries has to be made within three years. (3) No entries will be made.

1.

on convictions or findings in respect of which the facts of the case are no longer punishable by punishment or are subject to disciplinary measures at the time of the adoption of this law,

2.

on convictions or findings which show that they are not compatible with the rule of law,

3.

of investigative bodies and of public prosecutors within the meaning of the Criminal Records Act of the German Democratic Republic.

(4) Until the decision on the acquisition is made, the entries in accordance with paragraph 1 shall be stored outside the Federal Central Register and shall be blocked for information under this Act. This shall also apply to entries which have been rejected. The entries to be transferred to the Federal Central Register shall be treated in accordance with the provisions of this Act from the date of the takeover decision. (5) The repayment period shall continue to be calculated in accordance with the provisions of the previous regulations (§ § 26 to 34 of the Criminal Records Act of the German Democratic Republic). If a new entry is made after the takeover of the Federal Central Register Act, the provisions of this Act shall apply to the determination and calculation of the repayment period. § 64bEintraung and EintragungsunterlagenDie according to § 64a para. 1 Registrations and registration documents from the former criminal record of the German Democratic Republic shall be destroyed after three years. Until then, these may be used, in addition to register management, in particular for the examination of the acquisition and the consistency. This information may also be transmitted to the rehabilitation bodies for rehabilitation purposes. A use for other purposes is only permitted with the consent of the person concerned.

b)

The previous part of the fourth part will be part of the fifth part.

3.

The Penal Law Enforcement Act of 16 March 1976 (BGBl. 581, 2088; 1977 I p. 436), as last amended by Article 56 of the Law of 18 December 1989 (BGBl I). 2261), shall be amended as follows:

a)

Section 199 (2) (3) is replaced by the following: "§ 50-Liability contribution-is given the following:" (1) Detention costs are not levied by prisoners who receive references under this law. (2) Prisoners who are in a free employment relationship (§ 39 para. 1), a liability fee may be levied in the amount of the amount which, according to § 17 (1) (3) of the Fourth Book of the Social Code, is fixed on average for the evaluation of the substantive references. The Federal Minister of Justice sets the average amount for each calendar year after the one on the 1. Assessments of the substantive references in force in October of the previous year, in each case separately for the territory referred to in Article 3 of the Agreement and for the territory in which the Criminal Law Act already applies before the date of entry into force of the accession. has, and makes it known in the Federal Gazette. The contribution to the bond may also be applied by the inconundable part of the remuneration, but not at the expense of the household allowance or the maintenance fee. (3) Self-employment (§ 39 para. 2) can be made dependent on the fact that the prisoner (4) In the Land of Berlin, the average amount applicable to the territory referred to in Article 3 of the agreement shall apply. '

b)

In accordance with § 201, the following § 202 is inserted: " § 202imprisonment and juvenile detention of the German Democratic Republic (1) For the execution of the German Democratic Republic's criminal code against young people and adolescents The term of imprisonment shall apply to the enforcement of the juvenile sentence, to the execution of juvenile detention, to the provisions on the execution of the youth. (2) For the rest, the law applies to the enforcement of the laws of the German Democratic Republic under the Criminal Code of the German Democratic Republic. The Republic of the Republic of the Republic of Germany shall be liable for imprisonment and imprisonment of Provisions of the Penal Code on the enforcement of the custodial sentence. "

4.

The law on compensation for law enforcement measures of 8 March 1971 (BGBl. 157), as last amended by Article 1 of the Law of 24 May 1988 (BGBl I). 638), is amended as follows: According to § 16, the following § 16a is inserted: " § 16aCompensation for the consequences of a final conviction, a deprivation of freedom or other provisional law enforcement measures in the German Democratic republics § § 1 and 2 shall not apply to the consequences of a criminal conviction, a measure or an episode, or a deprivation or other provisional prosecutive measure that is before the effective date of the of accession in the German Democratic Republic, or ordered . The condition, nature and amount of the compensation for these consequences shall be governed by the provisions on compensation for pre-trial detention and penalties with deprivation of liberty in force up to this date in the German Democratic Republic (§ § § § § § § § § § § § § § § 369 ff. the Criminal Procedure Code of the German Democratic Republic). In the case of cassation, the performance does not exceed the scope provided for in the case of criminal rehabilitation. "

5.

(no longer apply)

Unofficial table of contents

Annex I Kap III C III Annex I, Chapter III
Area C-Criminal law and anti-administrative law
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

(no longer apply)

2.

Introduction Act to the Penal Code of 2 March 1974 (BGBl. 469), as last amended by Article 4 of the Law of 13 April 1986 (BGBl I). 393), with the following proviso: Articles 14 to 292, 298 to 306, 312 to 314, 317 to 319 and 322 to 326 are not to be applied.

3.

Juvenile Justice Act as amended by the Notice of 11 December 1974 (BGBl. 3427), as last amended by Article 1 of the Law of 30 August 1990 (BGBl I). I p. 1853), with the following measures:

a)

to (e) (no longer apply)

f)

In addition, the following provisions apply to the application of the Juvenile Justice Act:

§ 1Time Scope (1) The Law on Juvenile Justice is also applied to unlawful acts committed before the effective date of accession. (2) (no longer to be applied)

§ 2 bis § 5 (no longer applicable)

4.

to 6. (no longer apply)

Unofficial table of contents

Annex I Kap III D II Annex I, Chapter III
Area D-Trade and company law, insurance contract law
Section II

Federal law shall be amended and supplemented as follows:

1.

Law governing the settlement of claims arising from life and pension insurance in the version of the Notice of 3 July 1964 (BGBl. 433, 806), with the following proviso: insurance undertakings may, under this Act, be liable for their liabilities arising out of life and pension schemes which are in accordance with the provisions of the law applicable before the date of entry into force of the Monetary Law, in accordance with the provisions of It would have been possible to fulfil a special or general final legislation on the settlement of the consequences of the war and the claims for reconversion.

Unofficial table of contents

Annex I Kap III D III Annex I, Chapter III
Area D-Trade and company law, insurance contract law
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

to 5. (no longer apply)

6.

Introduction Act on the Stock Corporation Act of 6 September 1965 (BGBl. 1185), as last amended by Article 10 (11) of the Law of 19 December 1985 (BGBl I, p. 2355), with the following proviso: Article 22 (1) applies to public limited companies registered in the Commercial Register before 1 July 1990, with the proviso that the date "31 December 1965" shall be replaced by the date "30 June 1990". In the case of public limited liability companies which have been registered before 1 July 1990 for registration in the Commercial Register but have not yet been registered, it remains with the previous legislation on the establishment and registration of the company.

7.

and 8. (no longer apply)

Footnote

Sect. III N ° 6 sentence 2 italic pressure: no longer apply gem. § 1 (1) (4) (e) G v. 19.4.2006 I 866, 891 (BMJMeasure Tax BerG) Unofficial table of contents

Annex I Kap III E II Annex I, Chapter III
Area E-Commercial legal protection, right against unfair competition
Competition, copyright
Section II

Federal law is supplemented as follows:

1.

(no longer apply)

2.

The following special provisions apply to the introduction of the Copyright Act:

§ 1

(1) The provisions of the Copyright Act shall apply to the works created prior to the date of entry into effect of the accession. This shall also apply if, at this point in time, the periods under the Law on the Copyright of the German Democratic Republic have already expired. (2) The same applies to related rights of protection.

§ 2

(1) If a use which is inadmissible under the copyright law has been permissible so far, the use begun before 1 July 1990 shall be allowed to continue in the provided framework, unless it is not customary. (2) Rights which are normally not transferred by contract shall remain the right holder. (3) The provisions of paragraphs 1 and 2 shall apply to related rights of protection. accordingly.

§ 3

(1) Where rights of use have been transferred, in whole or in part, to another person before the date of accession, the transfer shall, in doubt, also extend to the period resulting from the application of the copyright law. (2) In cases referred to in paragraph 1, the person entitled to use has to pay the author an appropriate remuneration. The right to the remuneration shall be waided if immediately after its assertion of the rights of use the author makes available the right of use for the time after the expiry of the previously determined term of protection. (3) Rights which are usually (4) The provisions of paragraphs 1 and 2 shall apply mutatically to related rights.

§ 4

Even after the expiry of the copyright law of the German Democratic Republic, a decision in accordance with § 35 of this Act shall retain its validity if the body responsible for the exercise of the copyrights at the remission continues to the The author is not willing to carry out the copyrights on the estate itself.

Unofficial table of contents

Annex I Kap III E III Annex I, Chapter III
Area E-Commercial legal protection, right to unfair competition, copyright
Section III

(No longer to be applied) (Section III, No 1) Unofficial table of contents

Annex I Kap III F III Annex I, Chapter III
Area F-Constitutional Court
Section III

(Section III (a) and (b) no longer apply) Unofficial table of contents

Annex I Kap IV Annex I, Chapter IV
Division of the Federal Minister for Finance

(Found in Annex I of the EinigVtr-BGBl. II 1990, 964-995) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification of Annex I Cape IV)-All documents relating to Chapter IV of Annex I shall be issued,

b)

subject-related (e.g. B. Unification of Annex I Cape IV B)-All documents relating to subject area B of Chapter IV of Annex I shall be issued,

c)

section-related (e.g. B. Unification of Annex I Cape IV B III)-issued the document relating to Section III of Section B of Chapter IV of Annex I,

Unofficial table of contents

Annex I Kap IV A I Annex I, Chapter IV
Objective A-War-Consequences
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

Law on the liquidate of the war societies in the revised version published in the Bundesgesetzblatt (Part III), outline number 4120-5,

2.

Securities settlement act in the adjusted version published in the Bundesgesetzblatt, Part III, outline number 4139-1, as last amended by Article 95 (2) of the Law of 14 December 1976 (BGBl). I p. 3341)

3.

Law amending and supplementing the securities settlement act in the adjusted version published in the Bundesgesetzblatt III, outline number 4139-1-1

4.

Second Act amending and supplementing the securities settlement act in the revised version published in the Bundesgesetzblatt Part III, outline number 4139-1-2, as amended by § 38 No. 1 of the Law of 28 January 1964 (BGBl. I p. 45)

5.

Third Act amending and supplementing the securities settlement act in the revised version published in the Bundesgesetzblatt Part III, outline number 4139-1-3, as amended by Sections 7 and 38 No. 2 of the Law of 28 January 1964 (BGBl. I p. 45)

6.

The Securities Settlement Act of 28 January 1964 (BGBl. I p. 45)

7.

Law to clean up the securities of the German foreign debt conversion fund denominated in the Reichsmark in the revised version published in the Bundesgesetzblatt, Part III, outline number 4139-1-5,

8.

Regulation on the duties of the Office of Securities Reunification of 8 May 1964 (BGBl. I p. 317)

9.

Eviction Act for German foreign bonds in the adjusted version published in the Bundesgesetzblatt part III, outline number 4139-2, as amended by Article 95 No. 3 of the Law of 14 December 1976 (BGBl. 3341), including all of them on the basis of § 1 paragraph 2, § 5 (3), § 8 (6), § 9 (5), § 19 sec. 2, § 21 paragraph 2, § 23 para. 5, § 24 paragraph 4, § 35 para. 2, § § 58, 64, 65 and 76 of the legal regulations issued

10.

Foreign bonds-compensation law in the revised version published in the Federal Law Gazets Part III, outline number 4139-3,

11.

Old-saving law in the revised version published in the Federal Law Gazette, Part III, No. 621-4, as last amended by Article 287 (36) of the Law of 2 March 1974 (BGBl). 469), and the Law on § 4 (4) of the Altsparergesetz in the revised version published in the Federal Law Gazette III, section No. 621-4-1, as amended by the Law of 18 May 1965 (BGBl. 419) including all of them on the basis of § 2 para. 3, § 2a para. 2, § 4 para. 7, § 9 para. 1 and 2, § § 10a, 13, 14 para. 4, § 15 para. 7, § § 17, 18 para. 1, 7 and 8, § 19 para. 4 and 5, § 23 para. 6, § 26, 27 para. 1 and 2, § 31 para. 1 of the Legal regulations issued by the Federal Government for the implementation of the Altsparergesetz (Altsparergesetz) and all of them on the basis of § 18 (7) and § 31 (2) of the Altsparergesetz (Altsparergesetz) as well as § 8 (2) of the Second Regulation for the implementation of the Regulations issued by the President of the Federal Compensation Office for the implementation of the Altsparergesetz (old-party law)

12.

General War Consequences Act in the revised version published in the Federal Law Gazette Part III, outline number 653-1, as last amended by Article 74 of the Law of 18 December 1989 (BGBl. 2261) with the exception of § § 1 and 2

13.

Law governing the liabilities of national-socialist institutions and the legal relationships of their assets of 17 March 1965 (BGBl. 79), as last amended by Article 67 of the Law of 25 June 1969 (BGBl I). I p. 645)

14.

Law on the resolution of 6 September 1965 (BGBl. 1065), as last amended by Article 2 of the Law of 19 December 1985 (BGBl I). 2460), including all legal orders issued pursuant to section 1 (2) and section 11 (3) of the Act on the Law of the Settlement of the Rights of the European Union

15.

Reparation damage law of 12 February 1969 (BGBl. 105), as last amended by Article 37 of the Law of 14 December 1976 (BGBl I). I p. 3741)

16.

First Regulation implementing the Reparation Damage Act of 9 July 1970 (BGBl. I p. 1053)

17.

Law on the liquidation of the Deutsche Reichsbank and the Deutsche Golddiskontbank in the revised version published in the Bundesgesetzblatt part III, outline number 7620-6, as last amended by § 12 No. 8 of the Law of 17 December 1975 (BGBl. 3123)

18.

Law on the settlement of assets under special administration of credit institutions, insurance companies and building societies of 21 March 1972 (BGBl. 465), as amended by Article 1 of the Law of 31 January 1974 (BGBl I). 133)

19.

Law closing the currency changeover of 17 December 1975 (BGBl. 3123)

20.

Law on the retaliation of occupation damage in the adjusted version published in the Federal Law Gazette, Part III, outline number 5624-1, as last amended by Article 20 of the Law of 16 December 1986 (BGBl. I p. 2441)

21.

Value comparison law of 12. October 1971 (BGBl. 1625), as amended by Article 9 (11) of the Law of 3 December 1976 (BGBl I). I p. 3281)

Footnote

Sect. I N ° 21 italic print: G shall enter into the territory referred to in Article 3 of the agreement. § 31 para. 2 valuesAusglG idF d. Art. 7 (3) (b) G v. 27.9.1994 I 2624 mWv 1.12.1994 in force Unofficial table of contents

Annex I Kap IV A II Annex I, Chapter IV
Objective A-War-Consequences
Section II

Federal law shall be repealed, amended or supplemented as follows:

1.

Old-saving law in the revised version published in the Federal Law Gazette, Part III, No. 621-4, as last amended by Article 287 (36) of the Law of 2 March 1974 (BGBl). I p. 469)

a)

In Article 14, paragraphs 2 to 4 shall be replaced by the following paragraph 2: ' (2) Compensation shall be granted only on request. The application shall be made by the person entitled to compensation (§ 4) by 31 December 1991 on an official form in the case of the institution responsible pursuant to paragraph 1, sentence 2, in the case of the third sentence of the Bundesschuldenverwaltung (Federal School Administration). If, at the time of the introduction of the Deutsche Mark, the old saving facility was to be used by a majority of natural persons, the application may be made by any co-authorised person with effect for all persons entitled to participate. "

b)

Section 15 (4) shall be worded as follows: '(4) Paragraphs 2 and 3 shall apply even if an application in accordance with § 14 has not been filed in the version in force before the date of entry into effect of the accession.'

c)

In section 18 (2), the term "§ 14 (3) last sentence" is replaced by "§ 14 para. 2 sentence 3".

d)

In section 27 (1) sentence 2, the term "§ 14 para. 3" is replaced by "§ 14 para. 2".

2.

General War Consequences Act in the revised version published in the Federal Law Gazette Part III, outline number 653-1, as last amended by Article 74 of the Law of 18 December 1989 (BGBl. 2261) § 33 is amended as follows:

a)

In paragraph 2 (2), the words 'and before 1 January 1992' shall be inserted after the date '31 December 1952'.

b)

The following paragraph shall be inserted in accordance with paragraph 2: ' (2a) A right of detachment shall also exist where a natural person, after the date of entry into force of the accession and before 1 January 1992, is permanently resident in that person referred to in Article 3 of the Agreement said area. "

3.

Reparation damage law of 12 February 1969 (BGBl. 105), as last amended by Article 37 of the Law of 14 December 1976 (BGBl I). 3741) § 38 (2) is amended as follows:

a)

In the first sentence of the first sentence, the words 'and before 1 January 1992' shall be inserted after the date '31 December 1952'.

b)

In accordance with paragraph 2, the following paragraph shall be inserted: " (2a) A right to compensation may be granted under the conditions set out in paragraph 2, even where an eligible person is entitled after the date of accession and before 1 January 1992. has taken its permanent residence in the territory referred to in Article 3 of the Agreement. "

Unofficial table of contents

Annex I Kap IV B I Annex I, Chapter IV
Subject B-Budget and finance
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

Second transfer law in the revised version published in the Bundesgesetzblatt part III, outline number 603-4, published in addition to the regulation implementing Section 10 of the Second Transfer Act in the German Federal Law Gazans Part III, Division number 603-4-1, published in a revised version.

2.

Third transfer law in the revised version published in the Bundesgesetzblatt part III, outline number 603-5, as last amended by Article 6 of the Law of 30 August 1971 (BGBl. 1426), with the exception of § 16

Unofficial table of contents

Annex I Kap IV B II Annex I, Chapter IV
Subject B-Budget and finance
Section II

Federal law shall be repealed, amended or supplemented as follows:

1.

Law on the establishment of a fund "German Unity" of 25 June 1990 (BGBl. 1990 II p. 518, 533)

a)

The following phrases shall be added to Article 2 (1): " The annual performance of the Fund shall be as from 1 January 1991.

1.

85 of the hundred as special assistance to the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, as well as to the Land of Berlin in order to meet their general financial needs, and to these countries in proportion to their Number of inhabitants on 30 June of the previous year, without taking into account the number of inhabitants of the part of the Land Berlin, in which the Basic Law has already been applied, as well as

2.

15 of the hundreds used to carry out central public tasks in the territory of the aforementioned countries.

The countries forward 40 of the hundred of the fund services they supply to their communities (municipal associations) according to the provisions of the national legislation. "

b)

The following sentence 2 is added to Article 5 (2): "The borrowing for the Fund is not subject to the restriction provided for in Article 115 (1) sentence 2 of the Basic Law"

c)

Section 6 shall be amended as follows:

aa)

The following sentence shall be added to paragraph 5: 'Sentence 1 shall not apply to the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia.'

bb)

Paragraph 6 shall be deleted.

d)

Section 7, first sentence, shall be read as follows: 'All revenue and expenditure of the Fund shall be entered in an economic plan for each accounting year as from 1 January 1991.'

2.

Law on financial compensation between the Federal Government and the Länder in the version of the notice of 28 January 1988 (BGBl. 94), as last amended by Article 32 of the Law of 25 June 1990 (BGBl I). 1990 II p. 518)

a)

§ 1 shall be amended as follows:

aa)

The second sentence of paragraph 2 is read as follows: " The contribution of the Länder shall be distributed among the individual countries at 50 per cent by the number of inhabitants on 30 June of each year and 50 per cent according to § 2; the share of the Land of Berlin in the contribution of the Countries are calculated in advance according to the number of inhabitants without taking into account the number of inhabitants of the part of the Land Berlin, in which the Basic Law has not been applied until now. "

bb)

The following sentence is added to paragraph 2: "The rates 1 to 3 shall not apply to the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia."

cc)

Paragraph 3 shall be deleted.

b)

Section 2 (1) is as follows: " (1) The share of the country in the turnover tax will be divided into a west and an east part by 31 December 1994, subject to the regulation in paragraph 4. The western share is to be distributed among the countries of Baden-Württemberg, Bavaria, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein, the Eastern part among the Länder of Brandenburg, Mecklenburg-Vorpommern, Saxony, Saxony-Anhalt and Thuringia. The division into the west and the eastern parts is to be carried out in such a way that the average turnover tax share per inhabitated in the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia in the years

1991	55 of the hundred
1992	60 of the hundred
1993	65 of the hundred
1994	70 of the hundred

of the average turnover tax share per inhabitantin the countries of Baden-Württemberg, Bavaria, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein. The proportion of the West and the Eastern part of the share of the turnover tax shall be distributed separately to 75 of the hundred in proportion to the number of inhabitants of the Länder and to 25 of the hundred in accordance with the provisions of paragraphs 2 to 4. "

c)

Section 11 (1) shall be determined as follows: " (1) The financial compensation shall be separated by 31 December 1994 separately from the countries of Baden-Württemberg, Bavaria, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and the Netherlands. Schleswig-Holstein, on the one hand, as well as in the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, on the other hand. The Land of Berlin does not participate in the financial compensation of the countries until further notice. "

d)

Section 11a is amended as follows:

aa)

In the first sentence of paragraph 1 and the second sentence of paragraph 5, the words 'in the former territory of the Federal Republic of Germany' shall be inserted after the words 'turnover tax revenue'.

bb)

The following paragraph shall be added: '(7) Paragraphs 1 to 6 shall not apply until 31 December 1994 to the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia and, until further notice, to the Land of Berlin.'

3.

Law on the Reform of the Communities in the version of the Notice dated 28 January 1985 (BGBl. 201), as last amended by Article 33 of the Law of 25 June 1990 (BGBl I). 1990 II p. 518)

a)

§ 2 shall be amended as follows:

aa)

The previous text will be paragraph 1.

bb)

The following paragraph 2 is added: " (2) In the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, the municipal share of the income tax is divided up to 31 December 1996 according to a key to the municipalities, the determined by the Länder on the basis of the latest demographic statistics of the Federal Statistical Office and determined by the legal regulation of the Land Government. "

b)

§ 3 is amended as follows:

aa)

In accordance with paragraph 1, the following paragraph is inserted: " (2) In the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, the number of keys differs from the proportion of the municipality on the basis of paragraph 1 of the following paragraph: Population statistics of the Federal Statistical Office. The number of inhabitants of the country in question. "

bb)

The previous paragraph 2 becomes paragraph 3. The following sentence is added to him: "For the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, it is necessary to determine in the legal regulation which population statistics are relevant in each case."

c)

The following sentence is added to Article 6 (2): " By 31 December 1994, by way of derogation from the first sentence, the trade tax situation in the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia is 15 of the hundred of the Industrial tax revenue. "

4.

Disassembly Act, as amended by the Notice of 25 February 1971 (BGBl. 145), as last amended by the Law of 22 January 1987 (BGBl I). 470) § 8 is amended as follows:

a)

The following sentence shall be added to paragraph 1: " The Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia shall, for the first time, take account of the allocation of the income tax authority and the dismantling of the corporate income tax for the Assessment period 1991 part; the same applies in the Land of Berlin for the part in which the Basic Law has not been applied until now. "

b)

The following sentences are added to paragraph 2: " The Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia shall, for the first time, take part in the dismantling of the payroll tax for the calendar year 1991; the same shall apply in the Land of Berlin for the Part in which the Basic Law has not been applied until now. For the calendar years 1991 to 1994, the wage tax between the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, and the Land of Berlin, for the part in which the Basic Law has not yet been applied, will be on the one hand and the other federal states, with the exception of the Land of Berlin, for the part in which the Basic Law has been applied so far, and, on the other hand, decomposes in accordance with § 5 (5) according to the hundreds of records which result from the conditions in the 1992 period of the 1992 period. Whereas, on the basis of these percentages, the supreme financial authorities of the receiving countries have to determine the rates of decommissioning of the country of residence in the payroll tax collected by them in the calendar years 1991 to 1994 and to the date of 30 June 1995; to the supreme financial authorities of the country of residence. The supreme financial authorities of the Länder are to agree on advance payments for the prospective cutting-off parts for 1991 to 1994; the further will be determined by means of a legal regulation with the consent of the Bundesrat. Rates 3 to 5 shall apply mutatis-nly for the dismantling of the wage tax between the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, and the Land of Berlin in the calendar years 1991 to 1994. Claims under sentences 4 to 6 shall be deleted if they are not claimed until 31 December 1998. "

5.

Financial Management Act as amended by the Notice of 30 August 1971 (BGBl. 1427), as last amended by Article 4 of the Law of 19 December 1985 (BGBl I). I p. 2436) The following sentence is added to Article 20 (1): " During a transitional period until 31 December 1994, the supreme financial authorities of the countries referred to in Article 1 (1) of the agreement on the agreement shall decide on the use of the automatic Facilities for the establishment and collection of the taxes they manage, in agreement with the Federal Minister of Finance, in which interim solutions may be provided until the full introduction of an integrated automated taxation procedure shall be provided for. "

6.

Tax Code of 16 March 1976 (BGBl. 613, 1977 I p. 269), as last amended by Article 9 of the Law of 22 December 1989 (BGBl. 2408),

a)

In section 52 (2) no. 3, the words "of the Basic Law and Berlin (West)" are replaced by the words "this law".

b)

In § 263, a comma and a quote "744a" are inserted after the quotation "743".

7.

Introduction Act on the Tax Code of 14 December 1976 (BGBl. 3341, 1977 I p. 667), as last amended by Article 10 of the Law of 22 December 1989 (BGBl I). 2408) In accordance with Article 97, the following Article is inserted: " Article 97aThe rules of transfer resulting from the establishment of the unity of Germany § 1Jurisdiction For the period before 1 January 1991 under the law of the Federal Republic of Germany or the Germans Democratic Republic's ownership and traffic taxes, allowances and premiums, applicable to tax law, and related tax benefits, remain in accordance with the provisions currently in force, including the rules the individual tax laws of local financial authorities, Responsible. This also applies to the right of appeal. § 2Overline provisions for the application of the tax code in the area referred to in Article 3 of the Agreement for the application of the tax code in the area referred to in Article 3 of the agreement shall be considered as follows:

1.

Proceedings pending at the date of accession shall be brought to an end in accordance with the provisions of the Rules of Procedure, unless otherwise provided in the following provisions.

2.

Periods commenced before the date of entry into force of accession shall be subject to the provisions of the German Democratic Republic (AO 1990) of 22 June 1990 (Special Pressure No 1428 of the Official Journal) and the Introductory Act (Introduction Law) on the tax code of the German Democratic Republic of 22 June 1990 (Special Pressure No 1428 of the Official Journal), unless otherwise specified in the following provisions.

3.

§ 152 shall apply for the first time to declarations of tax which must be submitted after the date of entry into force of the accession; an extension of the time limit for the declaration shall not be taken into account in this connection.

4.

The provisions on the repeal and amendment of administrative acts shall apply for the first time when an administrative act is repealed or amended after the date of entry into force of the accession. This shall also apply where the administrative act to be repeal or to be amended has been adopted before the date of entry into force of the accession. In accordance with § 100 (1) of the German Democratic Republic's tax code (German Democratic Republic) as amended on 18 September 1970 (Special Pressure No. 681 of the Code), the provisional tax assessments pursuant to § 100 (1) of the German Democratic Republic Act (German Democratic Republic) are § 165 para. 2 of the German Code of Tax Law pursuant to Section 100 (2) of the Code Tax Code (AO) of the German Democratic Republic as amended on 18 September 1970 (Special Pressure No. 681 of the Code) is to be applied to Section 164 (2) and (3).

5.

The rules on the limitation of the period of limitation shall apply to the fixing and to the abolition and amendment of the fixing of taxes, tax allowances and, where a period of limitation is provided for in the case of tax benefits, of tax benefits arising from the effective date of accession. The regulations of the German Democratic Republic (AO 1990) of 22 June 1990 (Special Pressure No. 1428 of the Code) and of the Introductory Act to the German Tax Code (DPRG) are the requirements of the German Democratic Republic (DPRD). Democratic Republic of 22 June 1990 (Special Pressure No 1428 of the Official Journal) on the limitation period and on the time limits for exclusion, in so far as they are applicable to the fixing of a tax, a tax refund or a tax benefit, for which: To repeal or amend such a setting or to make the enforcement of Refund claims shall be of importance; the second sentence of the second sentence of the second sentence shall remain unaffected. Sentences 1 and 2 shall apply mutatily to the separate determination of tax bases as well as to the setting, dismantling and allocation of tax-measurement orders. In the case of the unit valuation, the date on which the tax asset is established shall be replaced by the date on which the main determination, the continuation, the post-determination or the cancellation of a unit value is to be carried out.

6.

§ § 69 to 76 and 191 (3) to (5) shall apply if the grounds of liability have been fulfilled after the date of entry into force of the accession.

7.

In the application of § 141 (1) no. 3, the economic value of the substitute economic value (§ 125 of the valuation law) is replaced by the value of the economic value.

8.

The rules on binding commitments based on an external audit (Sections 204 to 207) shall apply if the final meeting takes place after the date of entry into force of the accession or, if such a decision is not required, if: Taxable persons of the audit report after the effective date of accession has been received. If the final meeting took place after 30 June 1990 and before the date of accession, or was not required, the audit report shall be the taxable person after 30 June 1990 and before the date of effect of the accession. The provisions of the German Democratic Republic (AO 1990) of 22 June 1990 (Special Pressure No 1428 of the Code) as well as of the Introductory Act on the Tax Code of the Germans have been granted accession. Democratic Republic of 22 June 1990 (Special Pressure No 1428 of the Official Journal) on binding Continue to apply on the basis of external audit.

9.

The provisions relating to the period of payment limitation shall apply to all claims within the meaning of § 228 sentence 1, the limitation of which begins in accordance with § 229 after the effective date of accession. If the conditions set out in the first sentence are not met, the requirements of the German Democratic Republic's tax code (AO 1990) of 22 June 1990 (Special Pressure No 1428 of the Official Journal) and of the German Democratic Republic (DPRD) are still subject to the requirements of the first sentence. Introduction Act of the German Democratic Republic of 22 June 1990 (Special Pressure No 1428 of the Official Journal) on the limitation period and the time limits for the exclusion of the tax. However, the limitation period shall only be suspended and interrupted in accordance with § § 230 and 231 after the date of entry into force of the accession. § § 228 to 232 are to be applied to the new limitation period beginning in accordance with § 231 (3).

10.

Interest shall be incurred for the period following the effective date of accession in accordance with the provisions of the Rules of the Tax Code. The provisions of Section 233a on the interest in tax repayments and tax refunds shall be applied for the first time in respect of taxes arising after 31 December 1990. If a tax has been unduly stolen beyond the date of the effective date of accession, this shall be deemed to be a waiver of interest within the meaning of section 234 (2). The provisions of Section 239 (1) shall apply in all cases in which the period of detention shall begin as a result of this provision after the date of entry into force of the accession.

11.

§ 240 shall be applied for the first time to sowing surcharges, which will be affected after the date of entry into force of the accession.

12.

Where an administrative act which has become effective before the date of accession takes effect shall be challenged, the admissibility of the out-of-court appeal shall be determined in accordance with the provisions of the previous rules; shall be informed of the appeal after the date of effect of the The nature of the out-of-court appeal as well as the other procedures under the new rules shall be determined.

13.

A measure of enforcement commenced before the date of entry into effect of the accession shall be carried out in accordance with the law to date. Where further independent measures are taken to continue the enforcement of the enforcement of the law after the date of entry into force of the accession, the provisions of the tax code shall apply. The use of a paved object shall also be regarded as a self-employed measure. "

8.

If legislation in the field of tax advisory law enters into force on 1 January 1991 in the territory referred to in Article 3 of the Treaty, the provisions of the legislation of the German Democratic Republic shall continue to apply until that date.

9.

Tax Consultation Act, as amended by the Notice of 4 November 1975 (BGBl. 2735), as last amended by Article 18 of the Law of 25 June 1990 (BGBl I). 518), as well as the legal regulations adopted pursuant to this Act, enter into force on 1 January 1991 in the territory referred to in Article 3 of the Treaty, with the simultaneous amendment of the Tax Consultation Act:

a)

Article 3 (2) is adopted as follows: ' Tax advisers and tax agents appointed before 1 January 1991 in the territory referred to in Article 3 of the Agreement, and tax consultancy companies which have been appointed before 1 January 1991 in the territory of the Member States of the European Union. , the tax advisers, tax advisers and recognised tax consulting companies appointed under this Act shall be treated in the same way subject to the rules laid down in § 40a. "

b)

§ 12 is amended as follows:

aa)

The previous text will be paragraph 1.

bb)

The following paragraph is added to the new paragraph 1: " (2) Hourly accountants within the meaning of § 3 of the Order of 7 February 1990 on admission to the exercise of self-employed activity as a helper in tax matters and the registration of hourly bookkeepers (GBl. 92), in the district of their financial office, are still authorised to provide commercial assistance in tax matters, insofar as they provide assistance in tax matters in the conduct of books and records which are relevant to taxation (limited help). "

c)

In accordance with § 40, the following § 40a § 40a is inserted: " § 40aPreliminary Order As provisional tax advisers and tax agents appointed after 6 February 1990 and before 1 January 1991 are appointed. With the provisional order, Tax Agents have the right to unlimited assistance in tax matters for the territory of the district in which they have been appointed. The competent supreme authority shall decide on the final order in consultation with the competent tax advisory chamber after 31 December 1994. The final order must not be denied if the professional has successfully participated in a transition seminar. Section 157 and the implementing provisions adopted thereto shall be applied accordingly. "

d)

The fifth sub-section shall be replaced by the following heading: 'Regulations applicable to the professional jurisdiction; professional jurisdiction in the area referred to in Article 3 of the' Agreement on employment '.

e)

Section 153 shall be amended as follows:

aa)

The previous text will be paragraph 1.

bb)

The following paragraph shall be added to the new paragraph 1: ' (2) In the area referred to in Article 3 of the agreement, the provisions relating to professional jurisdiction shall apply with the proviso that the district court and the district court shall be replaced by the district court. The District Court of the Higher Regional Court is to be held. The Chamber of Tax Advisers-and Tax Plenipotentiaries of the District Court decides outside the main negotiation by the Chairman. "

f)

The following paragraph 9 shall be added to § 157: " (9) The order referred to in paragraph 1 shall be made up until 31 December for the persons appointed by a tax representative appointed by 31 December 1990 in the territory referred to in Article 3 of the Agreement on the Agreement of the International Convention of the European Union (Article 3) of the Agreement. 1997 possible. "

10.

Customs Act as amended by the Notice of 18 May 1970 (BGBl. 529), as last amended by the Law of 25 July 1989 (BGBl I, p. 1541) § 2 (1) sentence 1 is read as follows: "Customs territory is the territory of the Federal Republic of Germany with the customs terminals, but without the customs exclusions and without the customs clearance areas."

11.

Law on Branntweinmonopol in the revised version published in the Bundesgesetzblatt part III, outline number 612-7, as last amended by Article 2 of the Decree of 9 December 1988 (BGBl. 2231)

a)

§ 2 shall be taken as follows: " § 2Monopoly territory is the territory of the Federal Republic of Germany with the exception of customs free zones and customs exclusions. The Federal Minister of Finance is authorized to include customs exclusions and other customs clearance areas as the free ports in the monopoly area by means of a legal regulation. "

b)

§ 3 is amended as follows:

aa)

In paragraph 1, the word 'monopoly management' shall be replaced by 'Bundesmonopolverwaltung' in the first and second sentences of the first sentence. Sentence 3 shall be deleted.

bb)

Paragraph 2 shall be adopted as follows: '(2) Branntwine arising from the free circulation of a Member State of the European Communities shall not be subject to the import monopoly.'

c)

Section 25 shall be amended as follows:

aa)

The following sentence shall be added to paragraph 2 (3): 'The obligation to use Schlempe and fertiliser shall not be required if, during the year of operation, the distillery shall only process raw materials which are self-produced.'

bb)

The following phrases shall be added to paragraph 3 (3): " The obligation to degrade and fertilise the fertilizer in other than potato distilleries shall not be required if, during the operating year, only raw materials of the burner ' s products are used in the distillery which are self-produced. In this case, each owner of a burner unit must supply at least half the quantity of self-produced raw materials to the distillery in the year of operation, which shall be the percentage of the agricultural area of all the burner's crops at the beginning of the Operating year. Sentence 4 shall apply accordingly. "

d)

In § 99b, the number "100,000" is replaced by "200,000".

e)

Section 154 (3) shall be determined as follows: " (3) The Federal Minister of Finance may, by way of derogation from paragraph 1, regulate by means of a legal regulation

1.

the procedure to be followed in order to ensure the existence of a monopoly or to establish the bases for the compensation of monopolies;

2.

taxation on imports, where this is necessary for the purpose of adapting to treatment in the monopoly area, to products which are contaminated with wine or to special conditions of importation. "

f)

According to § 174, the following § § 175 and 176 are inserted: " Special and transfer regulations for the area referred to in Article 3 of the Agreement § 175 (1) distilleries, which according to § 15 para. 1 of the Law on the Branntweinmonopol of 22 June 1990 (GBl. SDr. No 1441), and which are capable of operating, shall, upon request, receive, at the beginning of the 1991/92 year of operation, an agricultural or commercial regular firepower law, unless otherwise specified in paragraphs 2 and 4, sentence 4. The basis for the determination of the level of the fuel law in accordance with paragraph 2 shall be the average production from the years 1987 to 1989 (reference quantity). Where, on 1 January 1990, several distilleries of an owner were present on a plot of land, the reference quantity shall be determined as a unit. (2) The regular burning right shall be for distilleries with a reference quantity.

1.	up to 22,000 hl A
	a)	for agricultural distilleries	75 of the hundred and
	b)	for commercial distilleries	60 of the hundred,
2.	from more than 22,000 up to 45,000 hl A		40 of the hundred,
3.	from more than 45,000 to 300,000 hl A		20 of the hundred.

the relevant reference quantity of the distillery or the distillery unit (first sentence of paragraph 1). In the case of point 2, the regular firepower shall be at least 13.200 hl A, in the case of point 3 at least 18,000 hl A, but not more than 45,000 hl A. If the reference quantity is higher than 300,000 hl A, no regular firepower shall be forgiven, However, for the 1991/92 operating year, the distillery shall receive a unique production quota of 75.000 hl A for the production of spirits from sugar beet molasses. Distilleries with a confirmation of fire in accordance with Article 15 (1) of the law referred to in paragraph 1 shall receive a regular firepower of 4,500 hl A. (3) Brennrechte shall be issued for the manufacture of spirits

1.

Grain (rye, wheat, buckwheat, oats or barley),

2.

Potatoes and other cereals other than grain,

3.

Sugar beet molasses

(4) On the request of the distilleries, the firepower rights are awarded by the Federal monopoly administration for spirits by contingent notice. On the basis of the nature of the existing production quotas (Article 15 (2) of the Law referred to in paragraph 1) and the need for grain branded wine (§ 101), it shall determine the validity of the firepower rights referred to in paragraph 3. The total amount of combustion rights for the production of grain spirits shall not exceed 100,000 hectolitres. Where several distilleries of an owner were present on a property (paragraph 1, sentence 3), the Bundesmonopolverwaltung shall determine the distribution of the fireworks to those distilleries in accordance with the application; it may depart from the application if the requested (5) The Federal Minister of Finance is authorized to regulate the procedure for the assessment and award of the firepower rights in more detail by means of a decree law. (6) The Merging of distilleries as referred to in paragraph 1 and the transfer of their firepower rights (§ 42 Paragraph 1 and 3) is excluded until the end of the 1997/98 operating year. (7) § § 36 and 57 do not apply. (8) All regular burning rights from the period prior to 7 November 1955 are obtained. (9) Other than those referred to in paragraph 3 Without prejudice to § § 38, 39, raw materials shall be deemed to have been produced outside the annual burning law. § 176 (1) Until 30 September 1991, the following shall be applied:

1.

By way of derogation from § 40 of Article 15 (1) to (3) of the Act on production quotas referred to in Article 175 (1);

2.

by way of derogation from § § 63, 64 to 72a, 73 and 74, § § 32, 34 to 36 of the Act for the Alcohol Acceptance Prices referred to in Article 175 (1).

(2) Until 30 September 1991, the respective production quota shall be replaced by the special annual burning law referred to in Article 82a (2) (1) and (2). (3) From 1. By way of derogation from § § 63, 64 to 72a, 73 and 74, § § 32, 34 to 36 of the Act for the Alcohol Acceptance Prices referred to in Article 175 (1) shall be applied until the end of the 1995/96 marketing year until the end of the 1995/96 operating year, with the proviso that distilleries shall be subject to the conditions laid down in Section 175 (1) of the Act. , with an annual burning right of more than 10,000 hl A, special takeover prices shall be fixed which shall not be higher than the lowest takeover price fixed in accordance with average cost prices, or, if not fixed, (4) (4) (1) and (3) shall not apply to: Branntwein from raw materials other than cereals, potatoes and sugar beet molasses as well as from small distilleries.

12.

Law on the establishment of the Federal monopoly administration for spirits in the revised version § 4, published in the Bundesgesetzblatt, Part III, outline number 602-1: " § 4The competences of the German government to date of the German Federal monopoly administration Democratic Republic is responsible for the monopoly management of spirits. The administration of the assets of this monopoly administration, which serves the tasks of the Branntweinmonopol, goes on to the Federal monopoly administration for spirits. This is entitled to dispose of it within the framework of proper administration. At the same time, it undertakes the obligations of the monopoly management for spirits. Private-law contracts of this monopoly administration may be terminated by any part of the contract by way of derogation from longer contractual periods of termination with a period of at least one quarter. The right of dismissal shall be terminated on 31 December 1991. If a part of the contract makes use of the extraordinary right to terminate the contract, it shall be entitled to compensate the other part in an appropriate manner on his application. Compensation for lost profits is excluded. "

13.

The Agricultural Gas Oil Usage Act of 22 December 1967 (BGBl. 1339), as last amended by Article 23 of the Law of 16 December 1986 (BGBl I). 2441), shall enter into force on 1 January 1991 in the territory referred to in Article 3 and shall be amended as follows: According to Article 17, the following § 17a shall be inserted: " § 17aApplication of the Law in the territory referred to in Article 3 of the Agreement (1) By way of derogation § 2 (1) applies in the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, as well as in the part of the Land Berlin, in which the Basic Law has not been applied until now, as farms of agriculture

1.

undertakings which obtain plant or animal products by means of soil management or by means of soil management; and

a)

from which natural persons obtain income, or

b)

the holder of which is an agricultural production cooperative or a similar Community, a non-fictiable association of persons or a legal person under private law and in respect of which, in the case of the production of plant products, the continuous and sustainable acquisition of foreign products does not exceed 30% of the total turnover, or

c)

the holder of which is a body, association of persons or a property which, according to its statutes, foundation or other constitution, and after its effective management, is exclusively and directly ecclesiastic, non-profit or for charitable purposes,

as well as hikers and pond economies;

2.

Establishments, in particular contractors, establishments of cooperatives and of machinery communities, water and soil associations and other communities, where these are used for the establishments referred to in point 1 for the production of plant-based or animal-based products. -carry out products through soil management or soil management;

3.

Levies for the irrigation and drainage of land used for agricultural purposes.

Income within the meaning of point 1 (a) shall be sustainable gross income of at least 4,000 Deutsche Mark annually. (2) The Federal Minister of Finance shall be authorized, in agreement with the Federal Minister for Food, Agriculture and Forestry, with the following: Approval of the Federal Council for the facilitation of economic adjustment by means of legal regulation

1.

(1) to determine, in the case of the production of animal products,

a)

the granting of the endorsement shall be conditional on the fact that certain limits of the animal population are not exceeded, on the basis of the area used for agricultural use,

b)

the reduction is also granted to holdings of animal production without the management of their own land, to the extent that they operate the production of animals in cooperation with holdings in plant production (cooperation) and the limits of the animal population are (a), in relation to the areas used by the co-operating undertakings of the cooperation, shall not be exceeded;

2.

for the purposes of paragraph 1 and point 1 to 31 December 1995, to compensate for the reduction in the level of the cost of the use of fertilizers and plant protection products in accordance with Article 3 for the consumption of gas oil as well as for the carriage for the own operation of plant and animal products and agricultural inputs other than those referred to in Article 1 (1), to the extent that such vehicles are already in force before 1 January They were approved and used for the said purposes in 1991. "

14.

Entry into force and general application provisions-(1) The law of the Federal Republic of Germany in the following territories shall enter into force on 1 January 1991 in the territory referred to in Article 3 of the Treaty:

1.

the right of property and traffic taxes, including the import turnover tax,

2.

the right of allowances and bonuses to be applied to tax law,

3.

the racing competition and lottery law as well as the federal legal regulations of the levy of casinos.

For the levies, allowances and premiums referred to in the first sentence of 1 January 1991, the law applicable until 31 December 1990 shall continue to apply in the territory referred to in Article 3 of the Treaty. (2) , for the period before 1 January 1991, the terms "domestic", "survey area", "domestic", "indigenous", "territory of the Basic Law", "Land Berlin", "abroad", "foreign territory", "foreign", "alien" and "alien" shall be retained. "external territory" is the meaning it takes before the production of the unity of Germany in the state (3) In the application of the right referred to in paragraph 1 for the period after the manufacture of the unity of Germany, the term "German Democratic Republic" shall be referred to as "the German Democratic Republic", with or without reference to the (4) Paragraph 1 shall apply in the fields of law referred to in Article 3 of the Treaty and under the name "Berlin (West)" of the part of the Land of Berlin, in which the Basic Law has already been applied. also for law, which is based on international treaties or agreements.

15.

Advance payments in respect of income, corporation, commercial, property and property tax in the territory referred to in Article 3 of the Treaty (1) Until the amount of advance payments by the competent tax office is fixed, the most recent Disbursements according to the self-calculation ordinance of 27 June 1990 (GBl. 616) and the Regulation on the payment of taxes of the former wholly-owned combined companies, establishments and institutions converted into capital companies in the second half of 1990 of 27 June 1990 (GBl). 618) as advance payments for income, corporate, commercial and wealth tax as of 1 January 1991 at the same level and on the same dates of payment to the competent tax office, without a tax budget being and a special request. In this case, the total amount of the disbursed payment to date shall be broken down by type of tax and the period for which the tax is paid and the tax number. (2) Entities within the meaning of the Regulation on the payment of taxes of the Capital companies converted former wholly-owned combined enterprises, enterprises and institutions in the second half of 1990 of 27 June 1990 (GBl. 618), from 1 January 1991 to the fixing of the property tax on the due date referred to in Article 28 of the Basic Tax Law, advance payments to the property tax for land of use, with the exception of the landings of rental properties, and Single-family homes are to be paid without the need for tax assessments and a special request. The annual amount of the advance payments shall be 0.2 of the hundred of the value with which the operating base has been set in the DM opening balance. For the period from 1 January 1991, the rate of duty of the property tax on the land referred to in the first sentence of 1 January 1991 shall cease to be effective.

16.

Income Tax Act 1987 in the version of the Notice of 27 February 1987 (BGBl. 657), as last amended by Article 11 of the Law of 25 June 1990 (BGBl I). 1990 II p. 518)

a)

In § 1 (3) sentence 1, the words "outside the country" are replaced by the words "abroad".

b)

Section 2a (5) and (6) shall be repealed.

c)

§ 3 is amended as follows:

aa)

In point 29, the words 'in the Federal Republic of Germany, including Berlin (West)', shall be replaced by 'domestiy'.

bb)

Number 63 is repealed.

cc)

Number 69 is repealed.

d)

§ 7 (5) sentence 4, § 7h (4), § 7i (4) and § 11a (5) are repealed.

e)

Section 11b is amended as follows:

aa)

Paragraph 2 shall be repealed.

bb)

The text of paragraph 1 shall be § 11b.

f)

In Section 42 (4), the quotation "10f," is inserted after the quotation "§ § 10e," and the quote "52 para. 21 sentence 4 to 6" is replaced by the quote "52 para. 21 sentence 4 to 7".

g)

In § 42 a (2), the quote "10 f," is inserted after the quotation "§ § 10 e," and the quote "52 para. 21 sentence 4 to 6" is replaced by the quote "52 para. 21 sentence 4 to 7".

h)

In section 46 (2) (8) (a), the quotation "10f," is inserted after the quotation "§ § 10e," and the quote "52 para. 21 sentence 4 to 6" is replaced by the quote "52 para. 21 sentence 4 to 7".

i)

Section 50 (3) sentence 3 is deleted.

j)

Section 52 is amended as follows:

aa)

In paragraph 1, the year "1990" is replaced by the year "1991" and the annual number "1989" is replaced by the year "1990".

bb)

Paragraph 14b, second sentence, shall be repealed.

cc)

In accordance with paragraph 27, the following paragraph 27a is inserted: "(27 a) § 42 (4) sentence 4, § 42a para. 2 sentence 4 and section 46 (2) No. 8 (a) shall also apply for calendar years prior to 1991."

k)

In accordance with § 55, the following § § 56 to 59 are added: " § 56 Special provisions for taxable persons in the territory referred to in Article 3 of the Agreement on taxpayers who, on 31 December 1990, reside in a place of residence or their habitual residence in the territory of the the territory referred to in Article 3 of the Agreement and, in 1990, no residence or habitual residence within the scope of the present Act, the following shall apply:

1.

Section 7 (5) shall apply to buildings which have been purchased or manufactured in the territory referred to in Article 3 of the Agreement of Unity after 31 December 1990.

2.

Section 52 (2) to (33) shall not apply to the extent that the application of certain provisions relating to the periods of assessment or marketing years before 1991 is regulated.

§ 57Special Application Rules for the Production of the Unity of Germany (1) § § 7c, 7f, 7g, 7k and 10e of this Act, § § 76, 78, 82a and 82f of the Income Tax Implementing Regulation as well as § § 7 and 12 para. 3 of the Protection Building Act (2) § § 7b and 7d of this Act as well as § § 81, 82d, 82g and 82i of the Income tax-Implementing Regulation shall not apply to situations covered by the provisions of Article 3 of the (3) In the application of § 7g (2) No. 1, Section 13a (4) and (8) and Section 14a (1), the territory referred to in Article 3 of the Unification Treaty shall be implemented instead of the relevant unit value of the territory of the (4) § 10d (1) is to be applied if the total amount of the total amount of the agricultural and forestry assets is to be applied in accordance with § 125 of the valuation law. Income has been determined in accordance with the provisions of this Act. Section 10d (2) and (3) shall also apply to losses incurred in the territory referred to in Article 3 of the Agreement for the assessment period in 1990. (5) Article 22, point 4, shall apply to comparable remuneration which, under the law, shall be applied to: Legal relations of the members of the People's Chamber of the German Democratic Republic of 31 May 1990 (GBl. No 30 p. 274). § 58Further application of legislation which, before the unification of Germany, has been applied in the territory referred to in Article 3 of the Unification Treaty (1) The provisions relating to special depreciation shall be applied in accordance with Section 3 (1) of the Tax Amendment Act of 6 March 1990 (GBl. 136) in conjunction with Section 7 of the Implementing Regulation to the Law amending the Law on Income, Corporate and Property Tax-Tax Amendment Act-of 16 March 1990 (GBl. 195) shall continue to apply to economic goods which have been purchased or produced in the territory referred to in Article 3 of the Agreement after 31 December 1989 and before 1 January 1991. (2) reserves in accordance with Article 3 (2) of the Tax Amendment Act of 6 March 1990 (GBl. 136) in conjunction with Section 8 of the Implementing Regulation to the Law amending the Law on Income, Corporation and Property Tax-Tax Change Act-of 16 March 1990 (GBl. 195) may, in so far as they have been lawfully formed as at 31 December 1990, continue after that date. They shall be resolved at the latest during the period of assessment in 1995-or otherwise in a future-increasing manner. Where economic goods have been purchased or produced before this liquidation, the amounts set in reserve shall be deducted from the cost of acquisition or production; the reserve shall be in the amount of the amount withdrawn in the (3) The rule on the amount of tax deductible pursuant to Article 9 (1) of the Implementing Regulation to the Act amending the legislation on the Income, corporation tax and wealth tax-Tax amendment law-of 16 March 1990 (GBl. 195) shall continue to apply to taxable persons who, before 1 January 1991, have established a permanent establishment in the territory referred to in Article 3 of the Agreement, if they are two years from the date of the establishment of the establishment (1) The tax deductions for employees and employers in the area referred to in Article 3 of the Agreement (1) For the tax deductions from the working wage of the employees and employers in the area referred to in Article 3 of the Agreement on the employment of the employer Workers who are resident on 20 September 1990 or their habitual residence in the territory referred to in Article 3 of the Agreement, and having no residence or habitual residence within the scope of the present Act, the following shall apply:

1.

By way of derogation from Article 39 (1) to (3), the arrangement for the issuing of the wage control cards in 1991 for the issuing of the wage control cards in 1991 for workers who are resident in the German Democratic Republic is from 31 July 1990 (GBl. I n ° 52 p. 1063). For a worker who for the first time in the course of the calendar year 1991 refers to a working wage, the payroll tax card must be issued in 1991 by the reporting authority, in the area of which the employee is responsible on 1 January 1991, his main residence or in the The absence of an apartment has its habitual residence; § 39 para. 2 sentence 2 is to be applied.

2.

By way of derogation from Article 39a (2) sentence 5, an allowance may be entered on the pay tax card in 1991 with effect from 1 January 1991.

3.

Section 39c (2) is not applicable for 1991.

(2) By way of derogation from § 41a (2), for establishments (§ 41 (2)) in the area referred to in Article 3 of the agreement on income tax registration period for the calendar year 1991 is exclusively the calendar month. (3) § 42d is also applicable to the payroll tax. , which shall be retained and deducted from the German Democratic Republic following the manufacture of the unity of Germany under the law of the German Democratic Republic. Section 20 (4) of the Regulation on the taxation of labour income (Notice of 22 December 1952-GBl. No 182 p. 1413), as last amended by the Law of 22 June 1990 (Special Pressure No 1427 of the Official Journal), shall not apply to the payroll tax referred to in the first sentence. "

17.

Law on capital investment companies as amended by the Notice of 14 January 1970 (BGBl. 127), as last amended by Article 8 of the Law of 25 June 1990 (BGBl I). 518) § 53c is repealed with the expiry of 31 December 1990.

18.

Housing-Premium Law in the version of the announcement of the 26. October 1988 (BGBl. I p. 2098), as last amended by Article 12 of the Law of 25 June 1990 (BGBl. 518) The following paragraphs are added to § 10: " (6) In the calendar years 1991 to 1993, contributions to building savings banks shall apply in order to obtain construction loans for the promotion of housing in the In addition, the following shall be determined:

1.

The contract must be expressly intended to be used for housing purposes in the area referred to in Article 3 of the agreement. A contract which does not contain this provision can be supplemented accordingly.

2.

Section 3 (1) and (2) shall apply to contributions under the terms of a contract pursuant to point 1, with the proviso that the premium rate is 5 per cent of the expenditure (supplementary premium) and the premium-favored expenses by 1,200 Deutsche Mark, in the case of spouses 2,400 Deutsche Mark, increase (extra maximum).

3.

A provision which corresponds to § 2 para. 2 but not to the specific contractual purpose is harmful with regard to the supplementary premium and the additional maximum amount. It is also harmful to use for holiday and weekend dwellings, which are located in a designated special area or which are not suitable for permanent living due to their construction.

(7) The Regulation on the introduction of the construction sector in the period of 21 June 1990 (GBl). No 37 p. 478) is to be applied for the last time to the facts which have been carried out before 1 January 1991. Support measures under this Regulation shall be granted only for the year 1990. "

19.

Corporate tax law as amended by the Notice of 10 February 1984 (BGBl. 217), as last amended by Article 2 of the Law of 22 December 1989 (BGBl I). I p. 2408)

a)

Section 5 (1) is amended as follows:

aa)

In accordance with point 1, the following point 1a is inserted: " 1a. the Deutsche Reichsbahn; "

bb)

In accordance with point 2, the following point 2a is inserted: " 2a. the Staatsbank Berlin, the Treuhandanstalt; "

b)

The following paragraph 3 is added to Article 30: " (3) For the first time, if a capital company has to divide its own capital to be used, the equity capital to be shown in the opening balance sheet shall, subject to § 38, be the capital stock to which it exceeds the nominal capital. the partial amount within the meaning of paragraph 2, point 4. "

c)

Section 54 shall be amended as follows:

aa)

Paragraph 1 shall be worded as follows: '(1) This version of the law shall be applied for the first time, for the first time, for the period beginning 1 January 1991, to the extent that the following paragraphs and Section 54a of the Act are intended to apply.'

bb)

In accordance with paragraph 11, the following new paragraph 12 shall be inserted: '(12) Article 30 (3) shall also apply for periods of detention before 1 January 1991, to the extent that shedding is not final or under the reservation of the investigation.'

cc)

The previous paragraph 12 becomes paragraph 13.

d)

In accordance with § 54, the following § 54a is inserted: " § 54aSpecial provisions relating to corporate bodies, personal associations or property funds in the area referred to in Article 3 of the Agreement of Incorporation, in the case of corporate bodies, associations of persons or property, which are On 31 December 1990, its management or its registered office in the territory referred to in Article 3 of the Agreement and, in 1990, no management and having no registered office in the current scope of this Act, shall be deemed to:

1.

By way of derogation from § 28 (3), profit distributions for a marketing year ending before 1 January 1991 are to be offset with the partial amount within the meaning of section 30 (2) no. 4.

2.

The German Corporate Tax Act (KöStG) of the German Democratic Republic, as amended on 18 September 1970 (Special Pressure No 671 of the Official Journal), has been amended by the Law Gazette of 18 September 1970, as amended by the Act of 18 September 1970. the Law of 6 March 1990 amending the legislation on income, corporation and property tax-tax-change law-(GBl. 136) and the Law of 22 June 1990 amending and supplementing fiscal legislation with the introduction of monetary union with the Federal Republic of Germany (Special Pressure No 1427 of the Code), to be applied further.

3.

To the extent that a loss from the 1990 investment period is brought forward to the income of an investment period after 1990, the allowance shall be made in accordance with section 33 (2) in the case of the partial amount within the meaning of Section 30 (2) No. 4.

4.

Certificates within the meaning of § § 44 and 45 may not be issued if the distribution has been made before 1 January 1991.

5.

If certificates are issued in accordance with § § 44 and 45, contrary to point 4, § 44 (6) shall apply accordingly.

6.

Certificates within the meaning of section 46 may only be issued if claims for profit are sold for marketing years which expire after 31 December 1990.

7.

The division of the equity capital according to § 29 (2) sentence 1, the division of the usable equity capital according to § 30 and the separate determination of tax bases within the meaning of § 47 shall be made for the first time on 1 January 1991. In this case, the usable equity capital is to be attributed in accordance with § 30 para.

8.

Section 54 (2) to (13) shall not apply to the extent that the application of individual provisions for periods of assessment or marketing years before 1991 is regulated. "

20.

Industrial Tax Law as amended by the Notice of 14 May 1984 (BGBl. 657), as last amended by § 5 of the Law of 26 June 1990 (BGBl). 1143)

a)

§ 2 shall be amended as follows:

aa)

Paragraph 6 shall be repealed.

bb)

Paragraphs 7 and 8 shall be paragraphs 6 and 7.

b)

§ 3 is amended as follows:

aa)

In point 2, the following point (3) is inserted: " 3. the Deutsche Reichsbahn, the Staatsbank Berlin, the Treuhandanstalt; ".

bb)

In accordance with point 14, the following point 14a is inserted:

" 14a.

agricultural production cooperatives and their legal successor in the legal form of the cooperative in the area referred to in Article 3 of the agreement for the collection periods 1991 to 1993. In the 1992 and 1993 survey periods, the tax exemption is conditional on the fact that its activity is limited to the operation of agriculture and forestry. "

c)

§ 9a is repealed.

d)

Section 12 (4) is amended as follows:

aa)

In the number 1, the number "1." is deleted.

bb)

The number 2 shall be repealed.

e)

Section 28 (1) sentence 3 shall be repealed.

f)

In section 34 (1) sentence 2, the words "or in one of the territories referred to in § 2 (6) sentence 1 outside the scope of the Basic Law" shall be deleted.

g)

In section 35a (1), the words "-with the exception of the territories referred to in § 2 (6), first sentence," shall be deleted.

h)

Section 36 shall be amended as follows:

aa)

In paragraph 1, the annual number "1990" is replaced by the year "1991".

bb)

In accordance with paragraph 5, the following paragraph 5a is inserted: " (5a) In the case of establishments situated in the territory referred to in Article 3 of the Agreement, § 10a shall apply for the first time to industrial losses in the 1990 survey period. The reduction in accordance with § 10a is excluded insofar as the industrial losses according to § 9a in the version of § 5 No. 1 of the Law of 26 June 1990 (BGBl. 1143) have been cut from the trade yield. "

21.

Industrial Tax Implementing Regulation as amended by the Notice of 24 November 1986 (BGBl. 2074), as amended by Article 4 of the Law of 25 July 1988 (BGBl I). 1093)

a)

§ 7 shall be repealed.

b)

In § 36, the annual number "1990" is replaced by the year "1991".

22.

GDR Investment Act of 26 June 1990 (BGBl. 1143) § 7 is amended as follows:

a)

The previous text will be paragraph 1.

b)

The following paragraphs 2 and 3 are added: " (2) A reserve in accordance with § 1 may only be formed if the assets are transferred before 1 January 1992. (3) A reserve pursuant to § 2 may only be formed if the acquisition of new shares in the sense of Article 2 (1), second sentence, took place before 1 January 1992. The formation of the reserve is excluded, insofar as the loss of the subsidiary

1.

In accordance with § § 14 to 17 of the Corporate Tax Act, an organ carrier is to be attributed or

2.

has been deducted in connection with the income determination of the subsidiary pursuant to § 10d (1) of the Income Tax Act in conjunction with Section 8 (1) and (5) of the Corporate Tax Law. "

23.

Foreign Tax Act of 8 September 1972 (BGBl. 1713), as last amended by Article 6 of the Law of 14 December 1984 (BGBl I). I p. 1493) The following paragraph 6 is added to § 20: " (6) For the purposes of the application of § § 2 to 6 for the period after 31 December 1990, the unlimited tax liability pursuant to Section 1 (1) sentence 1 of the Income Tax Law shall be subject to unlimited tax liability. in accordance with Section 1 (1) of the Income Tax Act of the German Democratic Republic, as amended on 18 September 1970 (Special Pressure No. 670 of the Official Journal). The application of § § 2 to 5 shall not be affected by the fact that the unrestricted tax liability of natural persons has already ended before 1 January 1991. "

24.

Sales Tax Act of 26 November 1979 (BGBl. I p. 1953), as last amended by Article 10 of the Law of 25 June 1990 (BGBl). 1990 II p. 518)

a)

§ 1 (1) and (3), § 3 (8), § 3a (2) No. 2 and (5), § 4 (3) (b), 5 (c) and (d), 6 (c), 8 (i), § 4a (1) (4) and (5), § 5 (2) (2), § 6 (1) to (3), § 7 (1) and (2), § 8 (1) (4) and (2), Section 8 (1) and (2). 2 No. 1, § 13 (1) (1) (c), § 15 (1) (2), § 16 (5) sentence 2, § 18 (5) No. 3, (7) (1), (8) and (9), Article 24 (1), Section 25 (2) (3), Article 25a (1) No. 1 and Section 28 (5), respectively, shall be the word "survey area" by the word 'national', the word 'foreign territory' by the word 'abroad', the word 'foreign' by the word 'foreign', the word 'external' by means of the word 'foreign', the word "foreign" and the word "foreign" is replaced by the word "foreign".

b)

Article 1 (2) is as follows: " (2) The territory of the Federal Republic of Germany shall be the territory of the Federal Republic of Germany, with the exception of customs exclusions and customs clearance areas. Abroad within the meaning of this law is the territory which then is not domestic. Where a domestic turnover is carried out, taxation does not apply to whether the trader is a German national, is domicated or domicated, maintains a place of business domestily, gives the bill, or who has Payment received. "

c)

Section 2 (2) (2) is taken as follows:

" 2.

if a legal person is financially, economically and organizationally integrated into the company of the organ holder according to the overall picture of the actual circumstances (organ). The effects of the Organschaft are limited to internal services between the parts of the company located in Germany. These parts of the enterprise should be treated as a company. If the organ carrier has its management abroad, the most economically important part of the company is considered to be the business owner. "

d)

Section 4 shall be amended as follows:

aa)

Point 3 (a) shall be taken as follows:

" (a)

international carriage of goods and transport in international rail freight transport. The transport of the goods referred to in Article 1 (3) (4) (a) from a free port into the territory of the country shall not be exempt. "

bb)

Point 6 (a) shall be taken as follows:

" (a)

the deliveries and other services of the German Federal Railways and the Deutsche Reichsbahn at Community railway stations, operating stations, border operations and transit routes to railway administrations based abroad; ".

e)

Section 10 (6) (1) and (2) shall be read as follows: " In the case of carriage of persons in occasional services by bus and coach who are not admitted to the country, an average rate of remuneration shall be paid to the place of the agreed pay. The average transport charge shall be calculated on the basis of the number of persons transported and the number of kilometres of the national transport route (passenger-kilometres). "

f)

Section 11 (3) is amended as follows:

aa)

Point 3 shall be taken as follows:

" 3.

the costs to be paid for the supply and transport to the first place of destination in the territory of the country on the subject. "

bb)

Point 4 (a) shall be taken as follows:

" (a)

Costs for the delivery of the goods and for the transport up to a further destination, fixed at the time of the creation of the import turnover tax, domestily and ".

g)

Section 15 shall be amended as follows:

aa)

Paragraph 2 (2) shall be taken as follows:

" 2.

Transactions abroad that would be tax-free if they were exported domestily. "

bb)

Paragraph 3 (2) (b) shall be taken as follows:

" (b)

in accordance with Article 4 (8) (a) to (g) or (10) (a), and the nominee is established in an area outside the European Economic Community. "

h)

Article 16 (5) sentence 1 is adopted as follows: ' In the case of carriage of persons in occasional services by bus and coach who are not admitted to the country, the tax, by way of derogation from paragraph 1, shall be paid for each individual taxable turnover by the competent customs office (single taxation). "

i)

Section 25 (2) No 1 shall be taken as follows:

" 1.

outside the territory of the European Economic Community, ".

j)

Section 26 (3) shall be stated as follows: " (3) The Federal Minister of Finance may order, without prejudice to the provisions of Sections 163 and 227 of the Tax Code, that the tax on international carriage of air transport be set at a lower level or that the tax should be or in part, provided that the entrepre has not issued invoices with a separate statement of the tax (Section 14 (1)). In the case of carriage by foreign entrepreneurs, the arrangement may be made subject to the fact that, in the country in which the foreign contractor is situated, for international air transport operations carried out by entrepreneurs with registered offices, in the Federal Republic of Germany, a sales tax or similar tax is not levied. "

k)

Section 26a shall be repealed.

l)

The following paragraph 10 shall be added to Article 27: " (10) § 26 (4) and the general administrative provision adopted pursuant to this provision shall apply after the date of entry into effect of the accession, provided that the reduction of the turnover tax shall be subject to the following conditions: shall be entitled to be established in the territory covered by the survey within the meaning of Article 1 (2) of this Act in the version valid until 31 December 1990. "

m)

The amendments referred to in (a) to (k) shall enter into force on 1 January 1991.

25.

Turnover tax-Implementing Regulation of 21 December 1979 (BGBl. 2359), as last amended by the Regulation of 30 June 1990 (BGBl I). I p. 1313)

a)

§ 1 shall be taken as follows: ' § 1Special cases of the place of other benefits shall be provided by an entreponent who operates his undertaking from a place situated outside the territory of the European Economic Community,

1.

any other benefit, referred to in Article 3a (4) of the Act, to a domestic legal person under public law, in so far as it is not an entreprer, or

2.

a performance other than that referred to in Article 3a (2) or (4) of the Act, to an entreprenter resident in the national territory, to a domestic establishment of an entrepre or to a domestic legal person of the public Right,

This performance shall be treated in accordance with Section 3a (1) of the Act as being carried out domestiously if it is used or evaluated there. Where the service is carried out by an operator's establishment, the first sentence shall apply if the establishment is situated outside the territory of the European Economic Community. '

b)

In the title to § 2, § 2, the title to § 3, § § 3, 4, the title to § 5, § § 5, 6, 7 para. 1 to 4, § 8 para. 1, § § 9, 10 para. 1, § 13 para. 3 and 6, § 14 para. 2 no. 1, § 15 para. 2 no. 3, § 17 para. 1 No. 1 and para. 2 no. 1, § 24, the Title to § 41, § 41, 43 no. 3, § § 49, 51 para. 1, § § 52, 53 (1) to 4, § 54 (3), § 56 paragraph 2 no. 1, the title of § 57, § 57 (1) and (2) No. 2, § § 58, 59, 68 (1) No. 1 and § 69 (2), respectively, the word "survey area". by the word 'national', the word 'foreign territory' by the word 'abroad', the word 'foreign' by the word 'foreign', the word 'external' by means of the word 'foreign', the word "foreign" and the word "foreign" is replaced by the word "foreign".

c)

Section 7 (5) shall be read as follows: '(5) In the case of international carriage by ferry across the Rhine, the Danube, the Oder and the Neisse, the parts of the route shall be regarded as foreign transport routes within the territory of the country.'

d)

In Article 9 (4), the sentences 3 and 4 are deleted.

e)

In Article 10 (1) (2) (f), the words "or in the territory of the German Democratic Republic including Berlin (East)" shall be deleted.

f)

Section 17 (1) (2) is taken as follows:

" 2.

a confirmation from the border customs office that the information given in accordance with point 1 shall be the same as the entries in the passport or other frontier document of the person who spends the matter abroad. "

g)

Section 19 (1) is as follows: " (1) As promotions within the meaning of Section 4 (3) (a) of the Act, do not apply:

1.

the international carriage of goods in which the place of departure and destination is within the territory of the country and which is only affected by transit abroad;

2.

the international carriage of goods or the carriage of goods by international rail freight from abroad to the territory of the country on the basis of a subsequent disposition to a person other than that originally specified in the consignment note Destination where the costs of such transport are not included in the tax base for importation (§ 11 of the law). "

h)

Section 34 (2) is as follows: " (2) Driving documents for international carriage in passenger transport and international rail passenger transport shall be deemed to be the invoice within the meaning of Section 14 (1) of the Law only if a certificate is issued the transport operator or his authorised representative shall be responsible for the proportion of the transport price to the inland route. The certificate shall specify the tax rate to be applied to the part of the transport service which is to be paid to the national territory. "

i)

Section 36 shall be amended as follows:

aa)

The first sentence of paragraph 1 shall be taken as follows: ' If an entrepre from a business trip (§ 38) takes a lump sum in the national territory for his additional expenses for food, he shall pay a lump sum or repay his employee on the occasion of a mission (§ 38) In Germany, the expenses for overnight accommodation or the additional expenses for catering for flat-rate payments can be deducted from the hundred of these amounts as a pre-tax by 11.4. "

bb)

The first sentence of paragraph 2 shall be read as follows: ' A trader shall provide his worker with expenses for the use of his own motor vehicle on the occasion of a domestic service trip, he may, for each kilometre driven, without any special proof 7.6 from the hundred of the reimbursed expenses as a pre-tax. "

cc)

The first sentence of paragraph 3 shall be read as follows: ' If an entrepreer uses a motor vehicle not belonging to a company for a business trip domestiy, he shall be entitled to a lump sum in respect of the expenses incurred as a result of that undertaking, deduct 5.3 per kilometre for each kilometre driven without special proof of this amount as a pre-tax. "

dd)

Paragraph 4 shall be adopted as follows: ' (4) Paragraphs 1 to 3 shall apply in respect of the expenditure incurred on the territory of the country for a business trip or business trip in or through the country. The deductible pretax amounts shall be determined by the flat-rate amounts to be applied for the purpose of income tax or income tax for domestic travel. "

j)

Section 37 shall be amended as follows:

aa)

Paragraph 1 shall be adopted as follows: ' (1) In place of a separate deduction in respect of the individual travel expenses, the trader may have a lump sum of 9,2 of the hundred of his or her duties on the occasion of a domestic business trip or business trip of his or her own Deduct the total travel expenses incurred by the employee as a pre-tax. The same shall apply in respect of the costs of a business trip or business trip to or from abroad which are incurred in the domestic territory. "

bb)

The first sentence of paragraph 2 shall be read as follows: 'In determining the deductible amount, the amounts to be deducted for the purposes of the income tax or the payroll tax for domestic travel shall be deemed to be the same.'

k)

The first sentence of Article 51 (3) is read as follows: 'An entreptite resident abroad shall be an entreponer who does not have a domicior, his registered office, its management or a branch in either the territory of the country or in a customs free territory'.

l)

Section 73a is repealed.

m)

In § 76, sentence 2 is deleted.

n)

The amendments referred to in (a) to (m) shall enter into force on 1 January 1991.

26.

Valuation Act as amended by the Notice of 30 May 1985 (BGBl. 845), as last amended by Article 5 of the Law of 22 December 1989 (BGBl I). I p. 2408)

a)

In section 110 (1) (6) (b), the words " of 26 August 1986 (BGBl. 1421, 1550), as amended by Article 9 of the Law of 14 December 1987 (BGBl I). 2602), " deleted.

b)

Section 111 is amended as follows:

aa)

In point 3, sentence 1, the words ' of 26 August 1986 (BGBl. 1421, 1550), as amended by Article 9 of the Law of 14 December 1987 (BGBl I). 2602), " deleted.

bb)

In point 9, the words " of 26 August 1986 (BGBl. 1421, 1550), as amended by Article 9 of the Law of 14 December 1987 (BGBl I). 2602), " deleted.

c)

The following sentence shall be added to section 122 (2): "The authorization contained in the first sentence shall be valid until 31 December 1992."

d)

Article 124, first sentence, is as follows: "This version of the law shall be applied for the first time on 1 January 1991."

e)

The following fourth part is adjoined: " Fourth partial rules for the valuation of assets in the area referred to in Article 3 of the Unification Treaty § 125Land and forestry assets (1) Unit values which are for holdings in the country and Forestry in accordance with the value ratios of 1 January 1935 are no longer applied from 1 January 1991. (2) Instead of the unit values for agricultural and forestry holdings, by way of derogation from § 19 (1) (1) (1) Substitute economic values for the assets referred to in paragraph 3 shall be established and from 1 January It was based on taxation in 1991. By way of derogation from § 2 and § 34 (1), 3 to 6 and 7, the formation of the substitute economic value shall be based on a unit of use in which all the economic goods of the agricultural and forestry sector, which are regularly used by the same person (user), are Assets within the meaning of Section 33 (2) shall be included, even if the user is not the owner. (3) By way of derogation from § 33 (2), the property of agricultural and forestry assets does not belong to the residential buildings, including the ground and the ground. Residential properties are to be attributed to the basic assets and to be assessed in accordance with the applicable regulations. (4) The substitute economic value shall be used in accordance with § § 35, 36, 38, 40, 42 to 45, 50 to 54, 56, 59, 60 para. 2 and § 62 in a reasonable application. simplified procedures. In contrast to Section 38 (2) No. 1, the comparison of the conditions of yield shall be based solely on the circumstances in the area which are to be considered on a regular basis. Section 51a (1) (1) (c) shall not apply. (5) The value ratios for the determination of the substitute economic value shall be those in the main determination of the unit values of agricultural and forestry assets in the Federal Republic of Germany. Germany to 1 January 1964. (6) The comparative figures for the uses and uses, other than forestry use and other agricultural and forestry use, shall apply to the use of the Yield values of § 40 the substitute comparison values as part of the Substitute economic value determined. The following comparative figures shall apply to the uses and benefits:

1.	Agricultural use
	a)	Agricultural use without hops and asparagus The agricultural comparison number in 100 per hectare is calculated on the basis of the results of the soil estimation, taking into account further natural and economic Yield conditions.
	b)	Hops
		Total number of hoppers		40
	c)	Asparagus
		Comparison of asparagus construction per Ar		70
2.	Wine-growing use
	Winegrowing-Comparison figures per Ar:
	a)	Grape production (non-construction)		22
	b)	Barrel wine production		25
	c)	Bottle winegrowing		30
3.	Gardening use
	Horticulture-Comparison figures per Ar:
	a)	Useful part Vegetable, flower and ornamental plants:
		aa)	Vegetables	50
		bb)	Flowers and ornamental plants	100
	b)	Useful part fruit growing		50
	c)	Part tree nurseries		60
	d)	For areas of use under glass and plastic sheets, other than glass, the above comparison figures shall be increased by:
		aa)	Vegetables
			non-heatable	by 6 times
			heatable	by 8-fold,
		bb)	Flowers and ornamental plants, nurseries
			non-heatable	by 4 times
			heatable	by 8-fold.

(7) The following benefits shall be used directly for the following uses:

1.	Forestry use
	The equivalent compensation value is 125 Deutsche Mark per hectare.
2.	Other agricultural and forestry use
	The replacement comparison value is
	a)	Inland fishing		2 Deutsche Mark per kg of sustainable annual catch
	b)	Partial economy
		aa)	Forellenteichwirtschaft	20,000 German marks per hectare
		bb)	rest of the pond economy	1,000 German marks per hectare
	c)	Fish farming for inland fishing and pond management
		aa)	for Forellenteichwirtschaft	30,000 German marks per hectare
		bb)	for other inland fishing and pond management	1,500 German marks per hectare
	d)	Imkerei		10 Deutsche Mark je Bienenkasten
	e)	Migrant Skating		20 German marks per motherhood
	f)	Seed breeding		15 of the hundreds of sustainable annual revenue
	g)	Christmas tree culture		3,000 Deutsche Mark per hectare
	h)	Mushroom cultivation		25 Deutsche Mark per square meter
	i)	Insemination stations		20 of the hundreds of sustainable annual revenue

§ 126Validate of the substitute economic value (1) The substitute economic value resulting from § 125 shall apply to the property tax; it shall be determined in the tax measurement procedure. In the case of a reassessment of the basic tax amount due to a change in the value of the substitute economic value, Section 22 (1) no. 1 shall apply mutagenic. (2) For other taxes, the person responsible for the economic goods of the agricultural and forestry assets shall be subject to the following conditions: the replacement economic value or a corresponding share of this value. The ownership structure and the share of the substitute economic value are to be determined in the determination procedure of the respective tax. § 127Declaration on the substitute economic value (1) The user of the agricultural and forestry assets (§ 125 (2) sentence 2) , the tax office in whose district the assets used or the most valuable part of it is situated shall make a declaration on the substitute economic value. The user has to sign the tax return on his own hand. (2) The declaration is to be made for the first time for the calendar year 1991 in accordance with the conditions of 1 January 1991. § 28 (2) shall apply mutas. § 128 Information, surveys, communications, rounding up § 29 and § 30 No. 1 shall apply in the determination of the substitute economic value according to § 129Basic assets (1) The unit values shall apply to land plots according to the Conditions of value on 1 January 1935 are or are still to be determined (unit values 1935). (2) Subject to § § 130 and 131, for the determination of the unit values in 1935 instead of the § § 27, 68 to 94

1.

§ § 10, 11 (1) and (2) and (3) sentence 2, § § 50 to 53 of the German Democratic Republic's Evaluation Act, as amended on 18 September 1970 (Special Pressure No 674 of the Official Journal),

2.

§ 3a (1), § § 32 to 46 of the Implementing Regulation to the Reichsvaluation Act of 2 February 1935 (RGBl. 81), as last amended by the Regulation amending the Implementing Regulation relating to the Wealth Tax Act, the Implementing Regulation to the Reichsvaluation Act and the Regulation of 8 December 1944 (RGBl). 338), and

3.

the legal regulations of the presidents of the Landesfinanzämter on the valuation of built land of 17 December 1934 (Reichsministerialblatt, p. 785 et seq.), insofar as parts of the territory referred to in Article 3 of the agreement of the agreement in their the scope,

§ 130Post-war buildings (1) Post-war buildings are land with buildings that have been completed after June 20, 1948. (2) As far as post-war buildings are to be assessed with a multiple of the annual gross rent, for living space, the buildings are To apply a price-legally permissible rent as an annual gross rent from 1 January 1935. If post-war buildings have become ready for reference after 30 June 1990, the rent shall be set up, which would have been legally permissible with the continued existence of the rental price legislation from a reference point of view. If the rent for rent contains components which are not part of the annual gross rent within the meaning of § 34 of the implementing regulation to be applied to the Reichsvaluation Act, they are to be separated. (3) For post-war buildings of the Rental housing land, the mixed-use land and the business property to be valued at a multiple of the annual gross rent shall apply uniformly to the copies of the nine. § 131Housing property and partial property rights, housing inheritance law and Part-building law (1) Each apartment owner and the partial property forms a economic unit. For the purpose of determining the main unit of the property, the use of the part of the building that decades to the owner of the apartment and the part of the property is decisive. The provisions for the determination of the unit values of 1935 in the case of built-up land are to be applied, unless otherwise indicated in paragraphs 2 and 3. (2) The residential property used for more than eighty of the hundred residential purposes has been used for the purposes of: To assess multiple of the annual gross rent according to the rules applicable to rental housing. Home ownership, which is not more than eighty of the hundred but not less than 20 of the hundreds of residential purposes, shall be assessed by the multiple of the annual gross rent in accordance with the rules governing mixed-use land (3) The co-ownership share in the land register entered in the land register does not correspond to the ratio of the annual gross rent to each other, this may be taken into account in the determination of the value. Where individual rooms are leased in the Community property, their value shall be distributed according to the shares registered in the land register and shall be recorded in the individual economic units. (4) In the case of housing rights, or Part-building rights apply in accordance with § 46 of the implementing regulation to the Reichsvaluation Act. The total value is to be determined in the same way as if it was a residential property or a partial property. It is to be distributed in accordance with the property rights of the owner and the owner of the land. § 132XX_ENCODE_CASE_One continuation and re-determination of the unit values 1935 (1) Continuations and post-determination of the unit values in 1935 will be for the first time on the 1. 1 January 1991, unless otherwise provided for in paragraphs 2 to 4. (2) For rented accommodation and single-family houses within the meaning of § 32 of the implementing regulation to be applied for the Reich Evaluation Act, one shall not be Determination of the unit value to 1 January 1991, if one from that date effective determination of the unit value for the economic unit, and the unit value would be required only for the setting of the basic tax. The unit value for rental housing and single-family homes is subsequently determined at a later date when the unit value is first required for the setting of taxes other than the property tax. (3) in the case of land within the meaning of paragraph 2, a unit value shall be determined, it shall apply to the property tax from the calendar year following the announcement of the notice of arrest. (4) Changes in the actual situation which are only to the value of the The effects of land use shall not be made until 1 January 1994. , unless a determination of the unit value at an earlier date is required for the establishment of other taxes other than the property tax. § 133Special provision for the application of the unit values 1935 (1) The unit values In 1935, the land and operating land within the meaning of Article 99 (1) No. 1 are to be used for the determination of the unit values of the operating assets, for the property tax, the inheritance tax, the business tax and the basic value tax as follows:

1.

Rents with 100 of the hundred of the unit value 1935,

2.

business plots with 400 of the hundred of the unit value 1935,

3.

Mixed-use plots, single-family homes and other built-up plots with 250 of the hundred of the unit value 1935,

4.

unbuilt plots with 600 of the hundred of the unit value in 1935.

In the case of land in the state of construction, the main group of land for the special unit value within the meaning of section 33a (3) of the implementing regulation to be applied shall be determined according to the actual state of the Reich valuation law after the actual condition, which after the completion of the building. (2) Paragraph 1 shall apply in accordance with the values applicable in accordance with § 12 (3) and (4) of the inheritance tax and gift tax law and for key-day values for the real estate tax. (3) Article 10 § 3 of the Wealth Tax Reform Act of 17 April 1974 (BGBl. 949) and Article 10 (3) of the Law on the Reform of the Inheritance Tax and Donation Tax Law of 17 April 1974 (BGBl. 933) do not apply. § 134Operating assets and mineral extraction rights (1) For the economic units of the operating assets, unit values are generally established on 1 January 1991 (main determination). The main determination period is four years. (2) Mineral extraction rights are set at the main fixing of the unit values of operating assets to 1 January 1991, with the corresponding values from the tax balance of 31 December 1991. 1 December 1990. For the first time, one unit value for these mineral extraction rights will be subsequently established on 1 January 1992 (after-determination). In this connection, the value ratios of the main determination period 1 January 1989 in the Federal Republic of Germany are to be assumed. "

27.

Wealth tax law as amended by the Notice of 14 March 1985 (BGBl. 558), as last amended by Article 14 of the Law of 25 June 1990 (BGBl I). 1990 II p. 518)

a)

Section 3 (1) is amended as follows:

aa)

In accordance with point 1, the following point 1a is inserted: " 1a. the Deutsche Reichsbahn; ".

bb)

In accordance with point 2, the following point 2a is inserted: " 2a. the Staatsbank Berlin, the Treuhandanstalt; ".

cc)

In accordance with point 7, the following point 7a is inserted:

" 7a.

agricultural production cooperatives and their legal successor in the legal form of the cooperative, if they are exempt from the trade tax; ".

b)

Section 6 shall be amended as follows:

aa)

In paragraph 3 (1), the words 'of 26 August 1986' (BGBl. 1421, 1550), as amended by Article 9 of the Law of 14 December 1987 (BGBl I). 2602), " deleted.

bb)

In paragraph 4 (1), the words 'of 26 August 1986' (BGBl. 1421, 1550), as amended by Article 9 of the Law of 14 December 1987 (BGBl I). 2602), " deleted.

c)

In accordance with § 24, the following § 24a is inserted:% " § 24aSpecial provision on the occasion of the production of the unit DeutschlandsFor natural persons, entities, personal associations and property funds, for whose taxation a tax office in the article 3 of the territory referred to in the agreement (Articles 19 and 20 of the Tax Code), the property tax shall be fixed on 1 January 1991 for four years in general (main assessment). "

28.

Inheritance Tax and Donation Tax Act of 17 April 1974 (BGBl. 933), as last amended by Article 13 of the Law of 25 June 1990 (BGBl I). 518) According to § 37, the following § 37a is inserted: " § 37a special provisions relating to the establishment of the unity of Germany (1) This law shall be applied for the first time to the territory referred to in Article 3 of the Unification Treaty for which the (2) For the date on which the tax liability is incurred, Article 9 (1) (1) shall also apply if the testator is in the territory referred to in Article 3 of the agreement before the first subparagraph of Article 3 of the Agreement. He died in January 1991, unless the tax was paid under the inheritance tax law of the The German Democratic Republic was created before 1 January 1991. Section 9 (2) shall apply mutatily if, in accordance with Section 34 of the inheritance tax act (ErbStG) of the German Democratic Republic, the taxation has been suspended in the version dated 18 September 1970 (Special Pressure No 678 of the Code). (3) Basic property in the In the case of the valuation according to § 12, the territory referred to in Article 3 of the agreement shall be valued according to the fourth part of the valuation law (the rules for the valuation of assets in the provisions of Article 3 of the Agreement on the valuation of assets) shall be determined or determined at the time of the formation of the (4) As previous acquisitions within the meaning of § 14, those who have placed under the inheritance tax law of the German Democratic Republic before 1 January 1991 also apply. (5) As a former acquisition of the same, the same applies to the same. Assets within the meaning of § 27 shall also apply to those for which a tax was levied under the inheritance tax law of the German Democratic Republic, if the acquisition was effected by persons within the meaning of § 15 para. 1 tax class I or II. (6) § 28 is if a tax is applied in accordance with the inheritance tax law of the German Democratic Republic (7) In the territory referred to in Article 3 of the Agreement, a tax fix pursuant to Section 33 of the inheritance tax law of the German Democratic Republic is to be effected in such a way that the tax is paid annually in advance by the If the annual value of pensions, benefits or benefits is to be paid, the annual tax on the next due date may be replaced with its capital value at the next maturity date. § 23 (2) shall be applied accordingly. (8) In cases of succession that occurred before 1 January 1991, or for gifts that were carried out before that date, the taxing pursuant to section 34 of the inheritance tax law of the Germans In the case of a democratic republic, this provision shall continue to be applied even if, as a result of the suspension of the tax, the tax is not incurred until 31 December 1990. "

29.

Inheritance tax-Implementing Regulation in the adjusted version published in the Federal Law Gazette Part III, No. 611-8-1, as amended by Article 8 of the Law of 17 April 1974 (BGBl. I p. 933)

a)

The words ", in the Soviet occupation zone of Germany or in the Soviet sector of Berlin" shall be deleted in Section 9 (1) (2) as well as in Pattern 3 (Section 9 (1) and (4) (to section 9 (2)).

b)

Before § 18, section V of the following § 15 is inserted: "§ 15Application of the Regulation The above version of the Regulation shall apply to the purchase for which the tax was or is incurred after 31 December 1990."

30.

Basic Tax Act of 7 August 1973 (BGBl. 965), as amended by Article 15 of the Law of 14 December 1976 (BGBl I). I p. 3341)

a)

According to the words "Deutsche Bundesbahn", the words "or the Deutsche Reichsbahn" are inserted in § 3 paragraph 1 no. 2.

b)

According to the words "Deutsche Bundesbahn", the words "or the Deutsche Reichsbahn" are inserted in § 13 paragraph 2.

c)

§ 38 is taken as follows: "§ 38Application of the Law This version of the Act applies for the first time to the basic tax of the calendar year 1991."

d)

The following Section VI is added: " Section VILand Tax for Tax Items in the Territory referred to in Article 3 of the Agreement as from the calendar year 1991 § 40 Land and forestry assets Instead of the holdings of the Land and Forestry within the meaning of § 2 occurs the assets combined to form a unit of use within the meaning of Section 125 (3) of the valuation law. The debtor of the property tax is notwithstanding § 10 of the users of the agricultural and forestry assets (Section 125 (2) of the Evaluation Act). A number of users of the property are all debtors. § 41Measurement of the property tax for land according to the unit value If a unit value of 1935 is determined or determined at the time of assessment of the property tax (§ 132 of the German law). Valuation law), in the case of the determination of the amount of the tax measure, deviating from § 15, the tax measures of the further applicable § § 29 to 33 of the Basic Tax Order Ordinance of 1 July 1937 (RGBl. 733). The reduced tax rates for single-family houses do not apply to the property of the apartment and to the housing rights, including the property that is subject to it. § 42Measurement of the property tax for residential properties and single-family homes according to the Replacement base (1) In the case of rented accommodation units and single-family houses, for which a unit value of 1935, which is applicable at the time of assessment for the property tax, is not established or established (Section 132 of the Evaluation Act), the Annual amount of the property tax according to the living area and at (2) The annual amount of the property tax for the property shall be 300 per cent of the land for land.

a)

for apartments, which are equipped with bathroom, indoor toilet and accumulator heating, 2 Deutsche Mark per sqm living space,

b)

for other housing 1,50 Deutsche Mark per sqm living space,

c)

Per parking space for passenger cars in a Garage10 Deutsche Mark.

For rooms other than residential purposes, the annual amount per square metre shall be used as the basis for the accommodation on the property. (3) If the raising rate is fixed, increase or decrease, by way of derogation from paragraph 2, the annual amounts referred to in paragraph 2 in the ratio in which the fixed raising rate for land is set at the rate of 300 of the hundred. The resulting annual amount per square metre of living space or floor space will be rounded down to full German pfennigs. (4) The tax debtor is the one to which the building would be attributed in the case of a determination of the unit value according to § 10. This applies even if the ground and floor belongs to another. § 43Tax freedom for newly created apartments (1) For land with newly created apartments, which have been completed after 31 December 1980 and before 1 January 1992, or The following shall apply:

1.

Land with flats which have been completed before 1 January 1990 shall remain tax-free for the part not yet expired of a ten-year exemption period commencing on 1 January of the calendar year following the year of the the reference skill of the building follows;

2.

Land with apartments, which have been completed in the calendar year 1990, shall be exempt from tax until 31 December 2000;

3.

Land with flats, which will be ready for reference in the calendar year 1991, shall be exempt from tax until 31 December 2001.

This shall also apply where no tax exemption has been granted before 1 January 1991. (2) In the case of a plot of land only partially tax-free housing within the meaning of paragraph 1, the following shall apply:

1.

If the basic tax is calculated according to the unit value (§ 41), the amount of the taxable amount for the exemption period resulting from the first paragraph shall be determined only in accordance with the part of the relevant unit value, the one on the taxable flats and rooms. including associated ground and soil. The taxable part of the unit value is determined in the control measurement procedure.

2.

If the substitute base of the residential or commercial area is decisive (§ 42), the residential area of the liberated flats shall not be taken into account for the duration of the exemption period laid down in paragraph 1, if the provisions of Section 42 are applied.

(3) An apartment is the same as an extension or rebuilding which is used to enlarge or improve apartments. § 44tax declaration (1) If the property tax is to be calculated on the basis of the living or working area, the tax debtor has a tax return according to the official name of the tax. (2) The tax debtor has to use the calculation of the property tax on the basis of the raising rate, which the municipality had to pay until the beginning of the calendar year. for which the property tax is levied. Otherwise, it shall calculate the basic tax in accordance with the Hebesatz of the previous year; for the calendar year 1991, a lifting rate of 300 of the hundred shall apply to that extent. (3) The tax declaration shall be valid for each calendar year in accordance with the conditions at the beginning of the calendar year. on the due date for which the basic tax for the calendar year pursuant to § 28 is due for the first time. For the payment of the property tax, § 28 applies in accordance with § 45 Maturity of small amounts The Council of the City or Municipality admitted before 1 January 1991 for smaller amounts a payment method which deviates from § 28 (2) and (3), the § 46 Jurisdiction of the community The determination and collection of the property tax is up to the local authorities until a different national legislation is applied. "

31.

Basic advertising tax law of 17 December 1982 (BGBl. 1777), as last amended by Article 16 of the Law of 25 June 1990 (BGBl I). 1990 II p. 518)

a)

The following paragraph 6 shall be added to § 10: "(6) For agricultural and forestry holdings in the territory referred to in Article 3 of the Unification Treaty, the equivalent economic value shall be replaced by the unit value (Section 125 of the Evaluation Act)."

b)

Section 18 (6) shall be repealed with the expiry of 31 December 1990.

32.

Capital Traffic Tax Act as amended by the Notice of 17 November 1972 (BGBl. 2129), as last amended by Article 15 of the Law of 25 June 1990 (BGBl I). 1990 II p. 518) According to § 7, the following § 7a is inserted: " § 7aSondervorschriftIf domestic capital companies or domestic branches of foreign capital companies their management or their registered office in the article As from 1 January 1991, capital duty shall not be levied on the territory mentioned in the agreement. "

33.

Insurance Tax Act in the adjusted version published in the Federal Law Gazette, Part III, No. 611-15, as last amended by Article 4 of the Law of 28 June 1990 (BGBl. I p. 1249)

a)

The following paragraph 3 is added to § 7a: " (3) For the territory referred to in Article 3 of the agreement, the tax office for entities in the part of the Land of Berlin, in which the Basic Law has not been applied until 31 December 1993, shall remain in place. competent. "

b)

§ 12 is repealed.

c)

The amendments referred to in (a) and (b) shall enter into force on 1 January 1991.

34.

Fire Protection Tax Act of 21 December 1979 (BGBl. 2353), as last amended by Article 5 of the Law of 28 June 1990 (BGBl I). I p. 1249)

a)

The following paragraph 5 is added to § 10: " (5) For the territory referred to in Article 3 of the agreement, the tax office for entities in the part of the Land of Berlin, in which the Basic Law has not yet been applied until 31 December 1993, shall remain local. competent. "

b)

The following paragraph 4 is added to § 11: " (4) The fire protection tax to be paid to the tax office referred to in § 10 (5) shall be subject to the countries referred to in Article 1 (1) of the Agreement Treaty and the Land of Berlin for the part by 31 December 1993, in which the Basic Law has not been applied to date. From the advent, there is no need for:

former Berlin (East)	6.6 of the hundred
Mecklenburg-Vorpommern	8.7 of the hundred
Brandenburg	19.7 of the hundred
Saxony	31.2 of the hundred
Saxony-Anhalt	18.8 of the hundred
Thuringia	15.0 of the hundred

The disassembly is carried out by the Finance Office for bodies in the part of the Land of Berlin, where the Basic Law has not been applied until now. "

c)

Section 12a is repealed.

d)

The amendments referred to in (a) to (c) shall enter into force on 1 January 1991.

35.

Motor vehicle tax law as amended by the Notice of 1 February 1979 (BGBl. 132), as last amended by Article 17 of the Law of 25 June 1990 (BGBl I). 1990 II S 518)

a)

Section 3 (12a) shall be repealed with the expiry of 31 December 1990.

b)

The following paragraph 6 shall be added to Article 3f: ' (6) Only paragraphs 1 and 2 shall apply to passenger cars registered in the territory referred to in Article 3 of the agreement. For the purpose of calculating the duration of the exemption, it must be assumed that the date of application of the provisions of this law would have been commensurate with 1 January 1991. "

c)

The following paragraph 8 shall be added to Article 3g: ' (8) For passenger cars registered in the territory referred to in Article 3 of the Agreement, the above provisions shall apply, in so far as the technical improvement in the area of transport is concerned, the Period from 1 January 1991 to 31 July 1992. The tax office may decide for itself whether the technical conditions for a grant under paragraphs 1 and 2 have been met, as long as the competent authorisation authority has not established a determination. "

d)

The following paragraphs 6 and 7 shall be added to Article 9: " (6) For passenger cars and motorcycles authorised on 31 December 1990 in the territory referred to in Article 3 of the Agreement, the annual tax shall be until 31 December 1992. by way of derogation from paragraph 1

1.

for two-and three-wheeled vehicles 12 Deutsche Mark per 100 ccm cubic capacity,

2.

for passenger cars other than three-wheeled vehicles 18 Deutsche Mark per 100 ccm cubic capacity.

(7) In the case of passenger cars which are not "low-pollution" or "low-pollutant-level C" and are authorised after 31 December 1990 in the area referred to in Article 3 of the Agreement, paragraph 1 shall apply with the proviso that: the date of 1 January 1986 shall be replaced by the date of 1 January 1991 and the date of 31 December 1985 shall be 31 December 1990. '

e)

Section 10 (5) shall be repealed with the expiry of 31 December 1990.

f)

The following sentence is added to Section 12 (4): "If, after the relocation, the tax is to be paid by tax stamps or in the settlement procedure, then the previous tax obligation shall end with the relocation."

g)

In accordance with § 12, the following § § 12a and 12b are inserted: " § 12-Payment of the tax by tax stamps (1) By way of derogation from § 12, the vehicle tax for vehicles registered in the territory referred to in Article 3 of the agreement until the end of the period of the agreement is by 31 December 1992 by means of tax stamps. The vehicle holder shall, for a vehicle which had already been registered on 1 January 1991, obtain tax stamps for the calendar year in the value of the annual tax until 30 April of the calendar year running in each case, and shall enter the official tax card for the calendar year. for his vehicle. In the case of vehicles registered as from 1 January 1991, the tax mark shall be valid for a period of one year commencing with the tax liability. In case of doubt, the tax office shall determine the amount of the tax to be paid by tax stamps. If the tax obligation ends before the end of the final period of time, a twelfth of the paid annual tax will be refunded for each full month in which there was no tax liability. (2) If the holding of the vehicle is exempt from the tax or if the tax is reduced, the tax office shall bear this on the tax card. In so far as the findings of other authorities are binding for a tax exemption or tax reduction, but these findings have not yet been made, the tax office may be entitled to tax relief or tax relief under the reservation of the (3) The official tax card must be carried on public roads in the use of the vehicle and must be presented to the authorities responsible for this in the case of traffic checks at the request of the vehicle. The registration authority shall verify the performance of the tax liability in all administrative acts relating to a vehicle subject to approval and require the presentation of the vehicle documents; § 13 para. 1 sentence 1 shall remain unaffected. (4) After The tax card of the admission authority must be handed over to the tax office for transfer to the end of the tax liability. The tax office may also request the submission of the tax card, in particular in the event of a transition to the tax-fixing procedure. If the tax has not been paid or not correctly paid in the trade mark procedure, it shall be fixed in accordance with § 12. § 12bsettlement procedure (1) By way of derogation from § 12 and § 12a, the vehicle tax for vehicles covered by the provisions of Article 3 of the , until 31 December 1993 at the request of the settlement procedure, where more than 50 vehicles have been registered for a vehicle owner, and if there are concerns about the appropriate payment of the Tax does not exist. The tax office may also allow the settlement procedure in other cases to the extent that it serves the purpose of simplification. The approval of the settlement procedure can be revoked at any time. (2) In the settlement procedure, the vehicle holder has to the tax office within one month from the beginning of the calendar year or to an appropriate date determined by the tax office. To submit a tax declaration in accordance with the official model, which contains information on the vehicles involved, the tax bases and the tax calculated on their own account. The tax calculated shall be payable by 15 February of each calendar year or on the dates fixed by the tax office; section 11 (2) shall apply accordingly to the sum of the declared tax. (3) Trees during a calendar year Any changes in the vehicle stock or in the amount of the tax shall be taken into account in a tax declaration to be lodged one month after the end of each calendar year or on the basis of a special request from the financial office. (4) The tax office For each vehicle included in the settlement procedure, an official Tax card in which the approval certificate for the settlement procedure is to be indicated on the field provided for the tax mark. Section 12a (2) to (4) applies accordingly. (5) An external examination is admissible in order to determine the tax bases for the motor vehicle tax declared in the settlement procedure. The examiners shall be entitled to inspect all vehicles of the vehicle holder and to enter land or service spaces of third parties for this purpose. "

36.

Motor vehicle tax-implementing regulation as amended by the Notice of 3 July 1979 (BGBl I p. 2185), as last amended by Article 2 of the Law of 22 December 1989 (BGBl I, p. I p. 2436)

a)

In Article 3 (1) (3), the point shall be replaced by a comma and the following points 4 and 5 shall be added:

" 4.

if, for vehicles in the territory referred to in Article 3 of the agreement, the tax is paid by tax stamps (Section 12a of the Law),

5.

if the vehicles are taxed in accordance with § 12b of the Law. "

b)

The following point 4 shall be added to Article 5 (2):

" 4.

In the transition from the tax card procedure to the automated fixing and collection procedures, the regulatory authorities shall communicate all the necessary data to the competent tax office, in particular the level of the data previously paid by tax stamps Tax. "

c)

§ 7 is added to the following paragraph 4: " (4) If the tax office decides in accordance with Section 3g (8) of the Act or in accordance with Section 12a (2) of the Act instead of the approval authority, it must make the decision in appropriate manner in the vehicle documents and to inform the registration authority. "

37.

Tax Officials ' Training Act, as amended on 14 September 1976 (BGBl. 2793), as last amended by Section 3 of the Law of 13 March 1985 (BGBl I). 554) The following paragraph 5 shall be added to Article 5: " (5) As long as there is not sufficient number of candidates who meet the conditions of recruitment referred to in paragraph 1 in the territory referred to in Article 3 of the Agreement, the following shall apply: The transitional arrangements for the Federal Civil Service Act agreed in Annex I, Chapter XIX to the Treaty. The Federal Minister of Finance shall, by means of a regulation with the consent of the Federal Council, regulate the introduction of the officers of the higher service in the area referred to in Article 3 of the agreement. "

38.

The training and examination regulations for the tax officials in the version of the Notice of 6 September 1982 (BGBl. I p. 1257) The following paragraph 4 shall be added to § 4: " (4) The Federal Minister of Finance shall, by means of a regulation with the consent of the Federal Council, regulate the conditions for the appointment of the full-time lecturer in the case referred to in Article 3 of the The territory referred to in the Agreement. "

39.

General Budget Law of 19 August 1969 (BGBl. 1273), as last amended by the Law of 18 July 1990 (BGBl I). 1446) In § 1 the following sentence 3 is added: " The Länder of Mecklenburg-Western Pomerania, Brandenburg, Saxony-Anhalt, Saxony and Thuringia, as well as the Land of Berlin for the part for which the law has not yet been applied, have the legislative order in accordance with the second sentence of the second sentence. until 31 March 1991. "

40.

Treaty of 18 May 1990 on the creation of a Monetary, Economic and Social Union (BGBl. 518) The contract shall be supplemented by the following paragraph in Annex I Article 5: " (8) If no conversion request has been made for a credit of a natural or legal person or body, the account may be taken on request. the beneficiary, and with the agreement of the audit authority, conversion to the Minister of Finance of the conversion of the Guthabens present on 30 June 1990 to the German mark of the German Democratic Republic, in Deutsche Mark, if the Non-conversion is a special hardship. A particular hardship within the meaning of this provision shall be in particular where, as a matter of urgency, the means of the public sector or the continuation of holdings are not converted or, in the case of natural persons, by the non-conversion of the funds, had an unreasonable disadvantage. The application shall be submitted within four weeks of the entry into force of this provision. The audit authority has to inform the Deutsche Bundesbank of all applications. "

41.

The Regulation on the refund of sales tax to the Permanent Representation of the German Democratic Republic and its members in the version of the Notice of 3. October 1988 (BGBl. I p. 1782) is repealed.

42.

Third transfer law in the revised version published in the Bundesgesetzblatt part III, outline number 603-5, as last amended by Article 6 of the Law of 30 August 1971 (BGBl. 1426), Annex 2 is amended as follows:

a)

Points 1, 3 and 4 shall be deleted.

b)

The amendment referred to in point (a) shall enter into force on 1 January 1991.

43.

The regulation of the Land of Berlin of 8 February 1978 on the implementation of the Law amending the Motor Vehicle Tax Act of 3 August 1950 (Law and Regulation Bulletin for Berlin, p. 745) will expire on 31 December 1990.

44.

Insurance supervision law in the version of the notice of 13. October 1983 (BGBl. 1261), as last amended by Article 9 of the Law of 25 June 1990 (BGBl I). 518) Of The XI. Section (§ § 161 to 166) is repealed.

45.

Law on the establishment of the "State insurance of the in liquiation" § 1Establishment of the Anstalthereby the State Insurance of the German Democratic Republic is established in liquidate (Anstalt). § 2Transfer of rights and obligations of the "Staatlichen Versicherung der DDR" (State Insurance of the GDR) to the Anstalt hereby become the rights and obligations of the insurer from the private insurance relationships. until 30 June 1990, in the case of insurance undertakings acting under the name of "State Insurance of the GDR", insofar as they have not been transferred to Deutsche Lebensversicherungs-Aktiengesellschaft. The institution's task is to process the Insurance relationships which have been transferred to them in accordance with § 2. The institution may serve other companies in this respect; the provisions already made in this respect shall be maintained as far as possible. § 4Executive Board of the Company shall consist of at least two members. They shall be appointed and dismissed by the Administrative Board. The task of the board is to conduct business. The Board of Directors represents the institution in court and out of court. § 5Administrative Board The Board of Directors consists of the Chairman and at least two other persons. They are appointed by the Federal Minister of Finance for a period of five years. Reorder is permitted. § 6Statutes of the AnstaltThe Statutes of the Anstalt shall be decided by the Board of Directors. § 7Supervisory Board is subject to the supervision of the Federal Minister of Finance. § 8Accounting of the Financial Reporting Office The institution is responsible for accounting in accordance with the rules applicable to insurance companies. § 9settlement and administrative costs The settlement costs of § 3 and the costs of the administration of the institution shall be borne by the trust law of 17 June 1990 (GBl. I p. 300) established Treuhandanstalt. § 10Resolution of the AnstaltThe Federal Minister of Finance dissolves the institution as soon as the insurance relationships transferred to it pursuant to § 2 are unsettled.

46.

Law on the transfer of the Staatsbank Berlin § 1The Federal Government enters into the liabilities arising from the warranty liability of the German Democratic Republic for the Staatsbank Berlin. This does not apply to liabilities, which are justified after a transfer of participation to countries or after a transfer according to § 2. The first sentence shall apply in accordance with new liabilities justified by the Staatsbank Berlin in liquidate. If the Federal Government is entitled to liability under the guarantee liability, the burden shall be included in the total debt of the republic budget and after the German unit has been manufactured in the non-legally capable special assets under Article 23 (1) of the Unification Treaty. § 2 (1) The Federal Minister of Finance may, for the purposes of the implementation of Article 23 (7) of the Agreement, and for the establishment of a healthy structure of the public credit institutions in the area referred to in Article 3 of the Unification Treaty by means of a regulation which does not require the consent of the Federal Council, the assets of the State Bank of Berlin as a whole without liquidation in the way of Succession to a public-law credit institution or another Legal entities (legal entities) or parts of the assets of the Staatsbank Berlin, in each case as a whole, if necessary without settlement, transferred to one or more legal entities. In the case of partial transfers, the items and liabilities to be transferred to each accepting entity shall be designated in the Regulation or in an annex forming part of its constituent. If, according to the regulation, objects or liabilities are not covered by a transfer, that part of the property shall be uncovered. (2) Before the regulation is adopted, the management and supervisory bodies of the Staatsbank Berlin and the participating parties shall be responsible for the (3) The transfer will take effect at the end of the day following the announcement of the regulation in the Federal Law Gazprom. The assets of the Staatsbank Berlin, including its liabilities, shall be covered by the legal entity or entities referred to in the Regulation, where appropriate in accordance with the allocation laid down in the Regulation or in its annex. § 613a of the Civil Code does not apply. In the event of a transfer of the entire assets, the Staatsbank Berlin shall be issued. No taxes are levied on the basis of the transfer. (4) In the event of the transfer of assets of the Staatsbank Berlin to the Deutsche Girozentrale, Deutsche Municipal Bank, this can be used for the countries referred to in Article 1 of the agreement. To take over the task of a joint Landesbank.

47.

Law on the establishment of a fund "Credit settlement fund" § 1 Establishment of the fund A fund, called "credit settlement fund", is hereby established as a special fund of the federal government. § 2Purpose of the Fund (1) The Fund takes over

1.

the overall indebtedness of the republic budget, which is in effect when the German Democratic Republic accede to the scope of the Basic Law,

2.

the liabilities arising from the allocation of compensation claims pursuant to Article 8 (4) (6) of Annex I to the Treaty establishing a Monetary, Economic and Social Union between the Federal Republic of Germany and the German Democratic Republic of 18 May 1990 (BGBl. 1990 II p. 518)

3.

the Federal Government's obligations under the guarantee liability for the Berlin State Bank pursuant to Article 23 (7) of the Agreement On Unity of Law,

4.

the costs of the settlement of claims and liabilities arising from the performance of the State functions of the German Democratic Republic vis-à-vis foreign countries and the Federal Republic of Germany in accordance with Article 24 (2) of the Unification Treaty.

(2) The Fund is a special fund within the meaning of Article 110 (1) and Article 115 (2) of the Basic Law; Article 115 (1) of the Basic Law does not apply to the Fund. § 3Position in the Legal Transactions, Administrative The Fund is not Legal. He can act, sue and be sued under his name in the legal trade. The general place of jurisdiction of the Fund is the seat of the Federal Government. The Federal Minister of Finance administers the Fund. § 4Assets separation, Federal liability (1) The Fund is to be held separately from the remaining assets of the Federal Government, its rights and liabilities. (2) The Fund shall be liable for the liabilities of the Fund. § 5Credit (1) The Federal Minister of Finance is authorized to procure funds for the Fund by means of a loan

1.

for the redemption of debts of the Fund,

2.

to cover the cost of interest and borrowing costs incurred,

3.

for the purchase of debt securities of the Fund by way of market care, up to ten of the hundred of the revolving debt instruments.

(2) The borrowing shall be effected by issuing debt securities, treasury bills and treasury bills in accordance with the procedure laid down in Article 20 (2) of the Federal Banking Act or by taking up loans against debt. (3) The The school certificates of the fund are the same as the school durals of the federal government. The school fees are issued by the federal debt administration. (4) The debt of the fund is administered by the federal debt administration in accordance with the principles applicable to the administration of the general federal debt. § 6ErstattungThe Federal Government and the Treuhandanstalt each reimburse the Fund for half of the interest payments it has provided. The refund shall be made up to the first day of the month following the month in which the Fund has provided the services referred to in the first sentence. The Federal Minister of Finance calls for the payments to be made with an overview of the sum of the interest payments and the shares to be borne by the parties. § 7Economic Planning The Fund will be applied from 1 January 1991 for each of the following: (1) The Federal Minister of Finance shall, at the end of each accounting year, draw up the annual accounts for the Fund and shall attach it as an Annex to the Financial statements of the Federal Government. (2) The annual accounts must be taken into account in a clear manner. identify the stock of special assets, including receivables and liabilities, as well as the receipts and expenses. § 9Administrative costs The costs for the administration of the fund shall be borne by the Federal Government. § 10Equality with The federal authorities ' obligations to pay fees to the Federal Government, the Länder, the municipalities (municipal associations) and public bodies are subject to the rules generally applicable to federal authorities. 11Distribution of debt with effect from 1 January 1994 the Treuhandanstalt (Treuhandanstalt), the Federal Government and the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, as well as the Land of Berlin, the total debt accumulated by the Fund as at 31 December 1993 in accordance with the provisions of Article 27 (3) of the Treaty of 18 May 1993 1990 (BGBl. 1990 II p. 518). The distribution of the debt in detail is determined by special law pursuant to Article 34 of the Law of 25 June 1990 (BGBl. 1990 II p. 518) with the consent of the Bundesrat. The shares of the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, as well as of the Land of Berlin, in the amount to be transferred from the total of the acceding countries, shall be paid in proportion to their number of inhabitants during production. § 12Resolution of the Fund The Fund shall be dissolved with the end of 1993.

Unofficial table of contents

Annex I Kap IV B III Annex I, Chapter IV
Subject B-Budget and finance
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

(no longer apply)

2.

First transfer law in the revised version published in the Bundesgesetzblatt part III, outline number 603-3, as last amended by Article 1 of the Law of 8 June 1977 (BGBl. 801) with the following measures:

a)

The Federal Government and the Länder bear the costs of repatriation, the search services, the initial reception, the provisional accommodation and the integration of settlers in accordance with current practice.

b)

§ 1 (1) (8), (2) and (3), § 4 (2) and (21) shall enter into force in the territory referred to in Article 3 of the Treaty on 1 January 1991.

c)

Moreover, the law does not apply.

3.

(no longer apply)

4.

The Law on the Reorder of the Pension Fund of German Railways and Trams in the revised version published in the Federal Law Gazette III, No. 7633-1, as last amended by Article 6 of the Law of 18 March 1975 (BGBl. 705), with the following proviso: § § 2 to 6a are not applied in the area referred to in Article 3 of the Treaty.

Unofficial table of contents

Annex I Kap V Annex I, Chapter V
Division of the Federal Minister for Economic Affairs

(Found in Annex I of the EinigVtr-BGBl. II 1990, 996-1009) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification of Annex I Kap V)-All documents relating to Chapter V of Annex I shall be issued,

b)

subject-related (e.g. B. Pur.Vtr Annex I Cape V F)-All documents relating to the subject area F of Chapter V of Annex I shall be issued,

c)

section-related (e.g. B. Unification of Annex I Cape V F II)-The document is given in section II of Section V of Chapter V of Annex I,

Unofficial table of contents

Annex I Kap V A I Annex I, Chapter V
Subject A-General economic law, economic policy, competition and price law
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:
Regulation PR No. 63/50 of 21 September 1950 on a price compensation for the iron-consuming economy in West Berlin (BAnz. No 189 of 30 September 1950), as last amended by Regulation PR 13/67 of 22 December 1967 (BAnz. (No 244 of 30 December 1967) Unofficial table of contents

Annex I Kap V A II Annex I, Chapter V
Subject A-General economic law, economic policy, competition and price law
Section II

Federal law is amended as follows:

1.

Law on the Community Task "Improving the Regional Economic Structure" of 6 October 1969 (BGBl. I p. 1861), as last amended by Article 3 of the Law of 23 December 1971 (BGBl. 2140) Paragraph 6 (2) is as follows: "The Planning Committee shall act with the votes of the Federal Government and the majority of the votes of the Länder."

2.

Law on the control of weapons of war in the revised version published in the Bundesgesetzblatt, Part III, outline number 140-1, as last amended by the Regulation of 10 June 2008. October 1989 (BGBl. I p. 1853)

1.

Section 26a is taken as follows: " § 26aView of the exercise of the actual perpetrators of violence on the day of the date of accession in the territory referred to in Article 3 of the Treaty of Accession, the actual force of war weapons which he has previously acquired shall notify the Federal Office of the Economy, specifying the type of weapon, the number of arms, the weapon number or the other marking within two months of the date of entry into force of the accession, provided that it does not fall within the authorisation requirement for the acquisition of the actual violence, or in accordance with § 26b. After the expiry of that period, the actual use of such weapons may no longer be exercised by means of war weapons which are subject to notification but which are not registered. "

2.

In accordance with Article 26a, the following § 26b is inserted: " § 26bTransitional arrangements for the territory referred to in Article 3 of the Unification Treaty (1) A commenced before the date of entry into force of the accession in the territory referred to in Article 3 of the Unification Treaty or envisaged and non-suspensive action required under this law, may be provisionally approved. In such cases, the necessary authorisation shall be requested within one month of the grant of the provisional authorisation. If the authorisation is denied, appropriate compensation may be granted to the applicant in the appropriate application of § 9, if it were also an unreasonable hardship with regard to a legitimate trust in the current legal situation, (2) In the case of international agreements of the German Democratic Republic, insofar as they are subject to the supply or maintenance of weapons of war, the following shall apply by way of derogation from § 27:

1.

To the extent that, before the date of the date of accession, government contracts for the manufacture or export in or import from Member States of the Warsaw Treaty are required for the year 1990, they shall apply to the implementation of these instructions. shall be deemed to have been approved in accordance with § 2 or § 3 of the approval procedure.

2.

In the case of instructions referred to in point 1 in respect of States which are not Member States of the Warsaw Treaty, acts which require approval but which cannot be postponed may be provisionally approved; the second sentence of paragraph 1 shall apply mutatily.

(3) In the event that the German Democratic Republic shall adopt a law to enact this law, the Federal Minister of Economics shall be authorized, by means of a regulation without the consent of the Federal Council, to apply the measures of paragraphs 1 and 2 and Article 26a shall be amended in such a way as to achieve its objectives in the light of the new legal situation. "

Unofficial table of contents

Annex I Kap V A III Annex I, Chapter V
Subject A-General economic law, economic policy, competition and price law
Section III

(No longer to be applied) (Section III No 1 to 4) Unofficial table of contents

Annex I Kap V B II Annex I, Chapter V
Area B-Professional and vocational education and training
Section II

Federal law is amended as follows:

1.

Auditor's order in the version of the Notice of 5 November 1975 (BGBl. 2803), as last amended by the Law of 20 July 1990 (BGBl I). 1462) § 134a the following paragraphs 4 and 5 are added: " (4) For applicants who are German nationals or nationals of a Member State of the European Communities and on 31 December 1989 their residence or permanent residence in the in Article 3 of the Agreement, and which shall submit the application for admission to the examination until 31 December 1996, Articles 8 and 131 shall apply, provided that:

1.

Proof of completed university studies in accordance with § 8 para. 2 no. 1 can also be waived if the applicant is active in the field of economic examination in at least 10 years of activity a person, an audit association or any other audit institution,

2.

in accordance with § 131 (1) sentence 1 No. 1, if the applicant is a tax advisor or lawyer at the time of application and has pursued the profession of a tax adviser, a tax representative or a lawyer for at least two years.

(5) By way of derogation from the provisions of the First and Second Section of Part Two, candidates may be appointed as auditors in accordance with this Act which, following a post-graduate course of study before the date of entry into force of the accession, may be appointed in the Article 3 of the agreement shall have acquired the right to carry the professional title of 'auditor' if it has the aptitude test provided for in the third sentence or an examination in accordance with the provisions of Article 3 of that Treaty. The provisions of the Agreement have been laid down. § 7 (2), § § 10, 11, 12 (1) and § 131g (3) sentence 1 to 4 shall apply accordingly; § 14a shall apply with the proviso that the fee for the examination procedure amounts to 400 Deutsche Mark. The examination shall be made in writing and orally, and shall be an examination relating exclusively to the applicant's professional knowledge, with a view to assessing his ability to pursue the profession of auditor. The Federal Minister for Economic Affairs is authorized to adopt, by means of a regulation with the consent of the Bundesrat, provisions concerning the composition of the Audit Committee and the appointment of its members, as well as the details of the examination and of the examination procedure, in particular the matters referred to in § 14. The third section of the second part shall apply to the appointment of persons who have passed the test in accordance with the third sentence. "

Unofficial table of contents

Annex I Kap V B III Annex I, Chapter V
Area B-Professional and vocational education and training
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

Craft order in the version of the notice of 28 December 1965 (BGBl. 1), as last amended by Article 43 of the Law of 28 June 1990 (BGBl I). 1221), as well as the legal regulations enacted pursuant to Section 7 (2), § 25, 27a (1), § 40 and § 46 (3) sentence 3 of the Craft Code, with the following measures:

a)

An entitlement existing on the date of entry into the territory of the territory referred to in Article 3 of the Treaty,

aa)

to independently operate a craft as a standing business,

bb)

for the setting up or training of apprentices in craft trades or

cc)

for the guided tour of the championship title

remains in place.

b)

Purchasing and supply cooperatives and working groups of the production cooperatives of the craft industry remain a member of the Chamber of Craft, as far as they are a member of the Chamber of Craft.

c)

Traders who, on the date of entry into the territory of the territory referred to in Article 3 of the Treaty, are entitled to operate a craft as an established industry on their own, shall, on request or on their own, be subject to the craft of the Appendix A of the craft order is registered in the craft of crafts, which can be assigned to the previous craft. If such traders legitimately hold the title of master of the craft, they are entitled to lead the master's title of the craft of Appendix A of the Craft Regulations.

d)

Traders who, on the date of their entry into the territory of the territory referred to in Article 3 of the Treaty, independently operate a trade which is not classified there as a craft, but which in Annex A to the Craft Code shall be considered as a craft , shall be entered in the craft sector on request or on its own account by means of this craft.

e)

Point (c), first sentence, shall apply to tradesmen engaged in a craft-like trade.

f)

to h) (not to be used)

i)

The examination procedures which take place on the date of the date of entry into force of the accession will be completed in accordance with the provisions of the previous rules.

k)

up to m) (not to be used)

n)

Pursuant to Article 7 (2) of the Act of Crafts, the Federal Minister of Economics may determine, by means of a decree law, which tests are carried out by masters of the fully-owned industry, which have been filed until 31 December 1991, and in accordance with the conditions laid down in Article 7 (2) of the Craft be recognised as a sufficient condition for registration in the craft sector.

o)

Examination certificates according to the nomenclature of vocational training occupations as well as the classification of skilled workers in craft trades from the area referred to in Article 3 of the Treaty are equal to journeymen's certificates in accordance with § 31 para. 2 of the Craft Code.

2.

(no longer apply)

3.

Chimney Feger Act of 15 September 1969 (BGBl. 1634, 2432), as last amended by Article 76 of the Law of 18 December 1989 (BGBl I). 2261), with the following measures:

a)

to (d) (no longer apply)

e)

The tasks of the district chimney sweep master in the area referred to in Article 3 of the Treaty according to Article 13 (1) also belong to the

aa)

the issuing of the certificate in the examination of fireplaces for connection to existing chimneys;

bb)

Verification of the operability of commercial and private ventilation systems.

4.

(no longer apply)

Unofficial table of contents

Annex I Kap V C I Annex I, Chapter V
Subject C-Commercial law, law of technology, trade and film promotion
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:
Law on the settlement and unbundling of the former richer film assets in the revised version published in the Bundesgesetzblatt part III, outline number 703-3, as last amended by Article 4 of the Law of 27 February 1974 (BGBl. 444), with the exception of § 15 sentence 2. Unofficial table of contents

Annex I Kap V C II Annex I, Chapter V
Subject C-Commercial law, law of technology, trade and film promotion
Section II

Federal law is amended as follows:

1.

Regulation on the Film Promotion Act of 22 July 1976 (BGBl. I p. 2021) The "International Short Film Festival" will be inserted into Appendix 1 of the Regulation "International Short Film Festival, Cracow", and the "International Documentary and Short Film Week for Cinema and Television, Leipzig".

Unofficial table of contents

Annex I Kap V C III Annex I, Chapter V
Subject C-Commercial law, law of technology, trade and film promotion
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

and 2. (no longer apply)

3.

Eichgesetz in the version of the Notice of 22 February 1985 (BGBl. 410), as last amended in accordance with Article 12 of the Regulation of 26 November 1986 (BGBl I). 2089), with the following measures:

a)

Measuring instruments for which the Office for Standardization, Measurement and Testing of the German Democratic Republic has granted a type approval in the territory referred to in Article 3 of the Treaty shall be valid for the period of validity of the authorisation, , however, until 31 December 1993, for the confestion of the confestion and for the confespation of the confestion.

b)

to (f) (no longer apply)

4.

Oak Order of 12 August 1988 (BGBl. 1657), with the following measures:

a)

The transmission system for measuring instruments which are subject to calibration in accordance with the calibration law shall also apply to measuring instruments which are subject to calibration in accordance with the calibration regulations.

b)

to (e) (no longer apply)

5.

Pre-packing Ordinance of 18 December 1981 (BGBl. 1585), as last amended by Regulation of 28 May 1990 (BGBl I). 991), with the following measures:

a)

In the territory referred to in Article 3 of the Treaty, pre-packs may be subject to one of the provisions of Section 16 of the Verification Act and Articles 6 to 11, 18 and 20 of the Prefabricated Packing Ordinance, which shall be held there on the date of the date of the date of entry into force of the accession. shall be placed on the market for the first time until 31 December 1992 and shall continue to be supplied for an unlimited period of time.

b)

In the area referred to in Article 3 of the Treaty, pre-packed with the products referred to in Annex 1 (1a) and (2a) of the pre-packing Regulation, with a nominal filling quantity of 0.7 l, may be placed on the market for the first time by 31 December 1992 and continue to be released on a permanent basis. Before 31 December 1992, pre-packs containing the products referred to in Annex 1 (2b), (5) and (6) to the pre-packing Regulation may, for the first time, be placed on the market by 31 December 1992 with a nominal quantity not authorized in those numbers; and shall be released for an indefinite period if the nominal quantity of the prepackages corresponds to a value with which the product in question is placed on the market in pre-packed packages before the date of entry into effect of the accession in that area was allowed.

c)

(no longer apply)

6.

(no longer apply)

Unofficial table of contents

Annex I Kap V D I Annex I, Chapter V
Area D-Law of the mining and utilities sector
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

Second Verstromungsgesetz vom 5. September 1966 (BGBl. 545), as last amended by the Law of 25 August 1980 (BGBl I). I p. 1605)

2.

Third Verstromungsgesetz in the version of the Notice of 19 April 1990 (BGBl. 917).

3.

Law on the tariff quota on solid fuels, as amended by the 15. October 1980 (BGBl. I p. 1945)

Unofficial table of contents

Annex I Kap V D II Annex I, Chapter V
Area D-Law of the mining and utilities sector
Section II

Federal law shall be amended or repealed as follows:

1.

The Regulation on the establishment of compulsory economic communities in the brown coal industry is repealed in the revised version published in the Bundesgesetzblatt, Part III, outline number 703-11, as published in the Federal Law Gazans.

2.

The First Regulation implementing the Regulation on the establishment of compulsory economic communities in the lignite economy in the revised version published in the Bundesgesetzblatt part III, outline number 703-11-1, latest amended by Article 95 (6) of the Law of 14 December 1976 (BGBl). 3341), shall be repealed.

3.

Mineral oil data law of 20 December 1988 (BGBl. P 2353)

a)

Section 3 (1) No. 2, second half-sentence is deleted.

b)

In Section 3 (1) no. 4, the words "Bundeswehr and allied armed forces" are replaced by the words "German and foreign armed forces".

4.

Law on the Degradation of Salts in the Border Region of the Werra of 3 December 1984 (BGBl. I p. 1430)

1.

§ 3 will be amended as follows: " On the under-day exercise of the powers arising from mining rights (mining property, permits) situated in the mining areas A for the search, extraction, appropriation and processing of the provisions of § 2 (3) (3) (3) (3) (b) of the German law. The laws, regulations and other provisions applicable to the activities to be carried out at the headquarters of the undertaking operating in the fields of dismantling A shall apply. '

2.

§ 5 will be amended as follows: " The exercise of the powers under the law of the day of investigation and exploitation of stone, potash, magnesia and boron salts in the areas of degradation B shall be subject to the laws, regulations and regulations. other provisions applicable to the activities to be carried out at the location of the undertaking operating in the subdivisions B of the Member State in which the activities are carried out. "

3.

In accordance with § 5, the following § 5a is inserted: " The company operating in the excavation areas A is obliged to comply with the conditions specified in Section 4 (2) and (3). The undertaking operating in the quarrying areas B shall be obliged to comply with the conditions specified in Article 4 (2) and (3) in the same way on its side of the market. "

Unofficial table of contents

Annex I Kap V D III Annex I, Chapter V
Area D-Law of the mining and utilities sector
Section III

The following legal provisions shall enter into force with the measures referred to below:

1.

Federal Mining Act of 13 August 1980 (BGBl. 1310), as last amended by the Law of 12 February 1990 (BGBl I). 215), with the following measures:

a)

(no longer apply)

b)

The examination, profit and storage rights of the State within the meaning of Section 5 (2) to (4) of the Mining Act of the German Democratic Republic, which have been transferred to third parties for exercise (old rights), shall be subject to the conditions laid down in (c) to (g) are maintained. Unless otherwise provided, the state of investigation, profit and storage law of the state within the meaning of § 5 of the Mining Act of the German Democratic Republic shall be issued.

c)

Rights of inquiry shall be extinguaged twelve months after the date of entry into force of the accession. Article 14 (1) is to be applied in order to grant a permit and, in so far as it is, to the extent that the holder of a permit issued by a warehouse-interest area shall be entitled to benefit from the holder, on the basis of the Deposit and Storage Industry Order of 15 March 1971 (GBl. No 34 p. 279).

d)

(1) to (3) (no longer applicable) (4) A confirmed right of extraction shall apply to the mineral resources, the time and the area for which it is confirmed;

1.

in the cases referred to in paragraph 2 (2) (1.1) and (1.2), first and third cases as authorization within the meaning of § 8,

2.

in the case of paragraph 2, point 1.2., second indent as a mine property within the meaning of § 151.

(5) § § 75 and 76 apply to confirmed old rights in accordance with. (6) Not or not within the time limit of registered rights extinguisher with the expiry date of the time limit. Rights to which the confirmation is denied shall be extinguishing with the entry of the unquestionability of the declaration. (7) Bergrechtliche obligations arising from a right of profit exercised up to the date of the date of entry into effect of the accession shall remain from one of the previous The right of extraction is not fully confirmed. If the succession is contentious in the case of legal proceedings, the authority responsible for the confirmation shall determine the responsibility. The legal successor is obliged to provide the necessary information for this purpose.

e)

For the rights of extraction of other mineral raw materials, subparagraph (d) shall apply in accordance with the following measures:

aa)

and bb) (no longer apply)

cc)

The transfer of the authorization (§ 22) requires the consent of the owner of the property. A presentation of mine own property is excluded. § 31 shall not apply.

f)

(former sentence 1 no longer apply)

§ 126 with the proviso that the provisions of § § 107 to 125 shall also apply to investigations of the subsoil and on underground storage.

g)

§ 153, sentences 2 and 3, and § § 159 and 160 shall apply to confirmed old rights.

h)

§ § 50 to 62 and 169 are to be applied with the following conditions:

aa)

Technical operational plans approved on the date of the date of entry into force of the Act of Mining of the German Democratic Republic and the provisions adopted pursuant to this Act shall apply, unless otherwise specified in the following is, for the duration of its term of validity, but not more than 31 December 1991, as permitted within the meaning of § § 50 to 56. Technical operational plans with a duration not exceeding 31 December 1990 may, in the case of continuation of the project, be without substantial change, in accordance with the law applicable until the date of entry into force of accession until 31 December 1990. It was extended in 1991. Technical operational plans for the termination of a holding, which is on the date of the date of entry into force of the accession, and which shall be before the 1. The first sentence of Article 169 (1) (2) (2) shall be submitted within a period of four months from the date on which the date of entry into force of the accession of the competent authority has been approved. Section 169 (1) no. 1 and 2 shall apply mutatily for activities and facilities within the meaning of § § 2, 126 to 129 and 131, which are only subject to the effective date of accession of the operating planning obligation. § 169 (2) sentence 2 shall not apply. In all cases, proof of entitlement within the meaning of section 55 (1), first sentence, no. 1 shall be immediately after the decision on the confirmation, in the case of licences, to be carried out within twelve months after the date of the date of entry into effect of the accession.

bb)

Section 52 (2a) does not apply to projects which have already started the procedure for the approval of the operation, in particular for the approval of a technical operational plan, on the date of the date of entry into force of the accession.

cc)

(no longer apply)

i)

Established mining sites within the meaning of Section 11 of the Mining Act of the German Democratic Republic, in which, after establishing the authority responsible for the approval of operating plans, a mining site within the next fifteen years The use of land is to be expected, shall apply to the field of the field for which the right of extraction has been confirmed, as construction restricted areas in accordance with § § 107 to 109 with the proviso that Section 107 (4) shall apply irrespective of the conditions for the fixing of the mining sites, but for the first time as from 1 January 1995 , unless the contractor favoured by the restriction of the restriction applies for an earlier waiver. In other respects, mining protected areas are deemed to have been repealed with the date of entry into force of the accession. The register of the mining protected areas in accordance with the first sentence of the first sentence shall be considered as an archival backup in accordance with section 107 (2).

k)

§ 112 shall apply with the proviso that the omission or failure to carry out any measures within the meaning of § § 110 or 111 shall be deemed to be an infringement, provided that these measures are carried out before the date of the date of entry into force of the accession to the mining industry. has been requested to obtain the opinion of the building owner in accordance with the Mining Act of the German Democratic Republic and the legislation adopted for this purpose. § § 114 to 124 apply with the proviso that the liability under these regulations only applies to the damage caused exclusively from the date of the date of the entry into effect of the accession. In addition, the provisions of the German Democratic Republic applicable to such damage before the date of accession shall apply. The relevant procedural sections shall be replaced by the procedural sections of the procedure laid down in section 124 (2) in accordance with the continuing law of the German Democratic Republic, insofar as the law of the area in which the area is not subject to the law of the Bundesberggesetz (Federal Mining Act) has already been submitted before accession, and is transferred to the territory referred to in Article 3 of the Treaty.

l)

To the extent that legislation is otherwise referred to, which is not transferred to the territory referred to in Article 3 of the Treaty, the relevant provisions of the continuing law of the German Democratic Republic shall be replaced by the provisions of that legislation. Republic.

m)

The Federal Minister for Economic Affairs is authorized to adopt regulations by means of a legal regulation with the consent of the Federal Council.

aa)

a different allocation of the mineral raw materials covered by point (a), in so far as this requires the other or unspecified criteria in force in relation to § 3 (3) and (4);

bb)

an extension of the time limits laid down in this Act for a maximum period of six months, provided that the necessary adjustment is necessary,

cc)

detailed rules for the maintenance and confirmation of old rights as referred to in (b) and for the mining protected areas referred to in point (i) and for the repeal of them.

2.

up to 9. (no longer apply)

10.

Regulation on heating cost accounting in the version of the Notice of 20 January 1989 (BGBl. 115) with the following measures:

a)

and (b) (no longer applicable)

c)

Insofar as and as long as the competent authorities of the territory referred to in Article 3 of the Treaty have not yet confirmed the suitability of expert bodies pursuant to Article 5 (1) Sentences 2 and 3 of the Regulation, refunds may be provided for: In the case of a competent authority in the territory in which the Regulation was already subject before accession, it shall be used for the purposes of Article 5 (1), second sentence, of the Regulation.

d)

and (e) (no longer apply)

f)

Article 11 (1) (1) (b) must be applied with the proviso that the date "1 July 1981" shall be replaced by the date "1 January 1991".

g)

(no longer apply)

11.

up to 16. (no longer apply)

17.

Ordinance on General Conditions for the supply of district heating of 20 June 1980 (BGBl. 742), as amended by Article 4 of the Regulation of 19 January 1989 (BGBl I, p. 109), with the following measures:

a)

(no longer apply)

b)

By way of derogation from Section 10 (4), the property of a customer on the date of the acquisition of the accession shall remain on a domestic connection which he/she has erected or extended at his own expense, as long as he does not have the property on the Remote heat supply company.

c)

and d) (no longer apply)

18.

(no longer apply)

Unofficial table of contents

Annex I Kap V E III Annex I, Chapter V
Area E-Law of the commercial economy
Section III

(section III no longer applicable) Unofficial table of contents

Annex I Kap V F II Annex I, Chapter V
Field F-External economic law
Section II

Federal law is amended as follows:

1.

Foreign Economic Law of 28 April 1961 (BGBl. 481), as last amended by the Law of 20 July 1990 (BGBl). I p. 1460)

1.

In Article 4 (1) (2), the words 'with the exception of the currency area of the Mark of the German Democratic Republic' shall be deleted.

2.

Section 46 (2), second sentence, is deleted.

2.

External economic regulation of 18 December 1986 (BGBl I p. 2671), as last amended by the Regulation of 7 August 1990 (BAnz. S. 4013, 4025)

1.

Section 19 (1) (17a) shall be repealed.

2.

Section 19 (1) (1) (a) of the last half-sentence is

3.

Section 19 (1) No 41c is hereby repealed.

4.

Section 21 shall be repealed.

5.

Section 32 (1) (36c) shall be repealed.

6.

Section 72 shall be repealed

Unofficial table of contents

Annex I Kap VI Annex I, Chapter VI
Division of the Federal Minister for Food, Agriculture and Forestry

(Found in Annex I of the EinigVtr-BGBl. II 1990, 1010-1018) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification of Annex I Cape VI)-All documents relating to Chapter VI of Annex I shall be issued,

b)

subject-related (e.g. B. Unification of Annex I Cape VI F)-All documents relating to the subject area F of Chapter VI of Annex I shall be issued,

c)

section-related (e.g. B. Unification of Annex I Cape VI F III)-The document shall be issued in section III of Section VI of Chapter VI of Annex I,

Unofficial table of contents

Annex I Kap VI A II Annex I, Chapter VI
Area A-Land use and animal husbandry, Veterinary
Section II

Federal law shall be repealed as follows:

1.

GDR Animal Health Protection Ordinance of 27 June 1990 (BGBl. I p. 1264)

Unofficial table of contents

Annex I Kap VI A III Annex I, Chapter VI
Area A-Land use and animal husbandry, Veterinary
Section III

(No longer to be applied) (Section III No 1 to 17) Unofficial table of contents

Annex I Kap VI B I Annex I, Chapter VI
Area B-Agricultural policy
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

Reichsnährstands-Abwinding Act in the revised version published in the Federal Law Gazette, Part III, outline number 780-2, as amended by the Law of 28 August 1964 (BGBl. I p. 709)

2.

Law on the Promotion of Agricultural Agriculture of 12 July 1989 (BGBl. I p. 1435)

3.

Agricultural Promotion Regulation of 19 July 1989 (BGBl. 1472), as amended by the Regulation of 28 May 1990 (BGBl I). I p. 990)

Unofficial table of contents

Annex I Kap VI B II Annex I, Chapter VI
Area B-Agricultural policy
Section II

Federal law is amended as follows:

1.

Law on the joint task of improving agricultural structures and coastal protection in the version of the Notice of 21 July 1988 (BGBl. 1055): § 6 (3) will be amended as follows: "The Planning Committee shall decide with the votes of the Federal Government and the majority of the votes of the Länder."

Unofficial table of contents

Annex I Kap VI C I Annex I, Chapter VI
Subject C-Market regulation for agriculture and food industry
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

§ 2a of the Milk Procurement Allowance Act of 17 July 1984 (BGBl. 942), as last amended by the Law of 24 July 1990 (BGBl I). I p. 1470)

Unofficial table of contents

Annex I Kap VI C III Annex I, Chapter VI
Subject C-Market regulation for agriculture and food industry
Section III

(No longer apply Section III No 1 to 5) Unofficial table of contents

Annex I Kap VI D I Annex I, Chapter VI
Area D-Agricultural social law
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

Social Security Contribution Tax Act of 21 July 1986 (BGBl. 1070)

2.

Law establishing a supplementary pension fund for workers in agriculture and forestry of 31 July 1974 (BGBl. 1660), as last amended by Article 29 of the Law of 18 December 1989 (BGBl I). 2261)

Unofficial table of contents

Annex I Kap VI E III Annex I, Chapter VI
Area E-Settlement
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

Reichssiedlungsgesetz, in the revised version published in the Federal Law Gazette, Part III, No. 2331-1, as last amended by Article 2 (24) of the Law of 8 December 1986 (BGBl. 2191), with the following measures:

a)

According to § 1 (1) sentence 1, non-profit settlement companies can be created, and there is no obligation to do so.

b)

The exercise of the right of pre-emption pursuant to § 4 requires that a permit pursuant to § 2 of the Ordinance on the Transport of the Land of 15 December 1977 of 15 December 1977 (GBl. 5 p. 73).

Unofficial table of contents

Annex I Kap VI F II Annex I, Chapter VI
Field F-Forestry, hunting and fishing
Section II

Federal law shall be amended and supplemented as follows:

1.

Federal hunting law in the version of the notice of 29 September 1976 (BGBl. 2849), as last amended by Article 6 of the Law of 28 June 1990 (BGBl I). I p. 1249)

a)

In Article 7 (1), the second and third sentences are as follows: ' Countries may, by way of derogation from the first sentence, set the minimum size in general or in certain areas higher. To the extent that, on the date of entry into force of the agreement, a size other than the one specified in the first sentence is fixed in the countries, it shall retain the right to apply if it is not less than 70 hectares. "

b)

The following sentence shall be added to Article 11 (5): 'The period during which a person before the date of the date of accession of the German Democratic Republic shall be entitled to a hunting permit shall be set off on the period referred to in the first sentence.'

c)

Section 15 shall be amended as follows:

aa)

The following sentence shall be added to paragraph 5: 'A hunting test for hunters who wish to hunt with the hunting weapon before the date of entry into force of accession in the German Democratic Republic shall be subject to the hunters' examination in the sense of the Record 1 is the same. "

bb)

In paragraph 6, the words 'and in the case of the granting of hunting licences to the members of the Permanent Representation of the German Democratic Republic' shall be deleted.

cc)

In paragraph 7, the following sentence is added: 'A hunting test for falconers filed in the German Democratic Republic before the date of entry into effect shall be the same as the falconry test in the sense of sentence 1.'

2.

The Forestry of Origin Ordinance of 31 July 1972 (BGBl. 1561), as amended by Article 1 of the Regulation of 13 August 1982 (BGBl I). I p. 1329) :Appendix 1 is amended as follows: In the position " Abies grandis Lindl. The following point of origin shall be added to the large coastal pan:

" Designation of the region of origin	Passcode	Demarcation
North-eastern German lowlands and eastern German central mountain range	830 03	'territory referred to in Article 3 of the Agreement'

3.

Seefish-ereidecree of 18 July 1989 (BGBl. I p. 1485):

a)

Section 2 (2) (2) is taken as follows:

" 2.

in ICES Division IIIc and in ICES Division IIId within twelve nautical miles measured from the base line off the coast of the State of Mecklenburg-Western Pomerania, not with vehicles with a power output of more than 221 kilowatts (300 hp) ".

b)

In Appendix 3, the following is added in the column "Baltic Sea": " Wismar, Rostock, Warnemünde, Stralsund, Ribnitz, Stahlbrode, Neuendorf (Hiddensee), Saßnitz, Lauterbach, Göhren, Lietzow, Breege, Dranske, Ummanz, Seedorf, Zudar, Gager, Karlshagen, Freest, Greifswald, Lassan, Wolgast, Ahlbeck, Zempin, Ückermünde ".

Unofficial table of contents

Annex I Kap VI F III Annex I, Chapter VI
Field F-Forestry, hunting and fishing
Section III

(section III no longer applicable) Unofficial table of contents

Annex I, Chapter VII, Annex I, Chapter VII
Division of the Federal Minister of Inner-German Relations

(Found in Annex I of the EinigVtr-BGBl. II 1990, 1019) (No content) Unofficial table of contents

Annex I Kap VIII Annex I, Chapter VIII
Division of the Federal Minister for Labour and Social Affairs

(Found in Annex I of the EinigVtr-BGBl. II 1990, 1020-1070) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. United annex I Cape VIII)-All documents relating to Chapter VIII of Annex I shall be issued,

b)

subject-related (e.g. B. Unification of Annex I Cape VIII (k)-All documents relating to the subject-matter K of Chapter VIII of Annex I shall be issued,

c)

section-related (e.g. B. Unification of Annex I Cape VIII K III)-The document shall be issued in section III of Section VIII of Chapter VIII of Annex I,

Unofficial table of contents

Annex I Kap VIII A I Annex I, Chapter VIII
Objective A-Labour Law Order
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be excluded:
Law on the deadlines for dismissal of employees in the adjusted version published in the Federal Law Gazette III, outline number 800-1, as amended by the Law of 26 April 1985 (BGBl. I p. 710) Unofficial table of contents

Annex I Kap VIII A II Annex I, Chapter VIII
Objective A-Labour Law Order
Section II

Federal law shall be repealed as follows:
Seafaring Act in the revised version published in the Bundesgesetzblatt, Part III, outline number 9513-1, as last amended by Article 53 of the Law of 20 December 1988 (BGBl. 2477),
§ 18 is repealed. Unofficial table of contents

Annex I Kap VIII A III Annex I, Chapter VIII
Objective A-Labour Law Order
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

(no longer apply)

2.

(no longer apply)

3.

(no longer apply)

4.

(no longer apply)

5.

a) and b) (no longer applicable)

6.

(no longer apply)

7.

(a) to (e) (no longer apply)

8.

Home employment law in the adjusted version published in the Bundesgesetzblatt, Part III, outline number 804-1, as last amended by Article 4 of the Law of 13 July 1988 (BGBl. 1034), with the following measures:

a)

The law shall apply from 1 July 1991.

(b) (no longer apply)

9.

First ordinance on the implementation of the Heimarbeitsgesetz in the version of the notice dated 26 January 1976 (BGBl. 221), with the following proviso: the Regulation shall apply from 1 July 1991.

10.

(no longer apply)

11.

The Act on the Codetermination of the Covenant of Codetermination, as published in the Federal Law Gazette, Part III, No. 801-2, as amended, as last amended by Article 10 (22) of the Law of 19 December 1985 (BGBl). 2355), with the following measures:

a)

(no longer apply)

b)

Section 1 (1) of the following shall be applied from 1 April 1991: ' (1) The employees shall have a right of participation in the supervisory boards and in the bodies appointed to represent the law in accordance with the provisions of this Act.

a)

companies whose main purpose is to promote coal, lignite or iron ore, or to prepare, coking, carbonising or briquetting these raw materials and to operate them under the supervision of the mining authorities,

b)

companies whose predominant purpose is the production of iron and steel. The manufacture of rolling stock products, including rolled wire, tubes, rolls, rolling stock, free-form forging and foundry products of iron or steel, shall be regarded as the production of iron and steel

1.

in a company whose supervisory board is composed on 1 April 1991 in accordance with § § 4 or 9, or

2.

in another undertaking following the merger with a company referred to in paragraph 1, or after the transfer of holdings or parts of a company referred to in paragraph 1, which manufacture the products referred to above or to pig iron, or in the case of crude steel, to the other undertaking, if it is linked to the undertaking referred to in paragraph 1 (Article 15 of the German Stock Corporation Act) and, after the merger or the transfer of the predominant operating purpose of the other undertaking, undertaking the manufacture of the said products or the production of pig iron or Crude steel.

The second sentence of paragraph 2 shall apply mutatily to the further merger as well as to the further transfer of undertakings or parts of businesses. "

12.

(no longer apply)

13.

(no longer apply)

14.

Collective bargaining law in the version of the notice of 25 August 1969 (BGBl. 1323), as amended by Article II (1) of the Law of 29. October 1974 (BGBl. 2879), with the following proviso: pending the conclusion of a new collective agreement, the existing framework collective agreement or collective agreement shall be applied further with all supplements and supplementary agreements to the extent that a registration corresponding to the provisions of the The Labour Code has been implemented. The framework collective agreement or collective agreement shall not enter into force, in whole or in part, if a new collective agreement enters into force for the same scope or part of it. The provisions of previous framework collective agreements or collective agreements which are not repealed or replaced by the new collective agreement shall apply to further rationalization protection agreements concluded and registered before 1 July 1990 Without retroactive effect on 31 December 1990, unless workers have fulfilled the conditions of the rationalization protection agreements until 31 December 1990, their claims and rights shall remain subject to new provisions on contractual agreements unaffected. The provisions of Article 20 of the Treaty and of the annexes thereto shall remain unaffected.

15.

(no longer apply)

16.

Law on the improvement of occupational retirement provision of 19 December 1974 (BGBl. 3610), as last amended by Article 33 of the Law of 18 December 1986 (BGBl I). I p. 2261; 1990 I p. 1337), with the following measures:

a)

This Act shall enter into force on 1 January 1992.

b)

§ § 1 to 18 shall apply to undertakings relating to benefits in occupational retirement provision which are granted after 31 December 1991; the reassurance pursuant to section 18 (6) of the periods before 1 January 1992 is excluded.

c)

§ § 26 to 30 shall not apply.

Unofficial table of contents

Annex I Kap VIII B II Annex I, Chapter VIII
Area B-Technical employment protection
Section II

Federal law shall be amended or supplemented as follows:

1.

Acetylene Ordinance of 27 February 1980 (BGBl. 220), as amended by Article 6 (3) of the Law of 16 December 1986 (BGBl I). 2441), § 29 the following paragraph is added: " (3) After the date of entry into force of the accession of the German Democratic Republic, the Committee shall, in accordance with Section 28, be immediately informed of the necessary number of representatives of the parties involved in the article referred to in Article 3 of the agreement referred to in the agreement. After 31 December 1991, the Committee shall also be reappointed from the territory referred to in Article 3 of the Agreement with the number of members provided for in Article 28 (1), taking account of proposals from the parties concerned. "

2.

Elevator Ordinance of 27 February 1980 (BGBl. 205), as last amended by the Regulation of 17 August 1988 (BGBl I). 1685), § 25 the following paragraph is added: " (4) After the date of entry into force of the accession of the German Democratic Republic, the Committee shall, in accordance with section 24, be immediately informed of the necessary number of representatives of the parties involved in the article referred to in Article 3 of the agreement referred to in the agreement. After 31 December 1991, the Committee shall also be reappointed from the territory referred to in Article 3 of the Agreement with the number of members referred to in Article 24 (1), taking into account proposals from the parties concerned. "

3.

Ordinance on flammable liquids of 27 February 1980 (BGBl. 229), as amended by the Regulation of 3 May 1982 (BGBl I). 569), § 26 the following paragraph is added: " (5) After the date of entry into force of the accession of the German Democratic Republic, the Committee shall, in accordance with Section 25, be immediately informed of the necessary number of representatives of the parties concerned in accordance with Article 3. of the agreement referred to in the agreement. After 31 December 1991, the Committee shall also be reappointed from the territory referred to in Article 3 of the Agreement with the number of members referred to in Article 25 (1), taking into account proposals from the parties concerned. "

4.

Steam Boiler Ordinance of 27 February 1980 (BGBl. 173), as amended by Article 6 (1) of the Law of 16 December 1986 (BGBl I, p. 2441), § 31 the following paragraph is added: " (5) After the date of entry into force of the accession of the German Democratic Republic, the Committee shall, in accordance with Section 30, be immediately informed of the necessary number of representatives of the parties involved in the article referred to in Article 3 of the agreement referred to in the agreement. After 31 December 1991, the Committee shall also be reappointed from the territory referred to in Article 3 of the Agreement with the number of members referred to in Article 30 (1), taking into account proposals from the parties concerned. "

5.

Pressure vessel regulation as amended by the Notice of 21 April 1989 (BGBl. 843) According to § 39a, the following § 39b is inserted: " § 39bTransitional provision for the German pressure vessel expo After the date of entry into effect of the accession, the Committee shall be immediately informed of the necessary number of representatives of the parties concerned. Groups from the area referred to in Article 3 of the 'Einigungscontracges'. After 31 December 1991, the Committee shall also be reappointed from the territory referred to in Article 3 of the Agreement with the number of members provided for in Article 36 (1), taking into account proposals from the parties concerned. "

6.

Regulation on gas high-pressure lines of 17 December 1974 (BGBl. I p. 3591) According to § 15, the following § 15a is inserted: " § 15aTransitional provision for the Committee for GashochdruckleitungenFollowing the effective date of accession, the Committee shall be immediately informed of the necessary number of representatives of the interested parties pursuant to § 14. Groups from the area referred to in Article 3 of the 'Einigungscontracges'. After 31 December 1991, the Committee shall also be reappointed from the territory referred to in Article 3 of the Agreement with the number of members referred to in Article 18 (1), taking into account proposals from the parties concerned. "

7.

Regulation on electrical installations in explosion-prone areas of 27 February 1980 (BGBl. 214) According to § 19, the following § 19a is inserted: " § 19aTransitional provision for the German Committee for explosion-protected electrical equipment After the date of entry into effect of the accession, the Committee shall be immediately informed of the necessary number of representatives of the parties concerned from the area referred to in Article 3 of the agreement. After 31 December 1991, the Committee shall also be reappointed from the territory referred to in Article 3 of the Agreement with the number of members referred to in Article 18 (1), taking into account proposals from the parties concerned. "

8.

Device security law of 24 June 1968 (BGBl. 717), as last amended by Article 31 of the Law of 18 February 1986 (BGBl I). 265), § 8 the following paragraph is added: " (5) After the date of accession, the Committee shall be supplemented without delay by the necessary number of representatives of the parties concerned from the territory referred to in Article 3 of the agreement. After 31 December 1991, the Committee shall be reappointed by the number of members referred to in paragraph 2, taking into account proposals from the parties concerned, also from the territory referred to in Article 3 of the Agreement. '

9.

The Medizingeräteverordnung of 14 January 1985 (BGBl. 93)

a)

In accordance with § 21, the following section is inserted: " Sixth section transfer regulations arising from the establishment of the unity of Germany § 22Differential entry into force, transconductionThe § § 13 and 14 occur in Article 3 of the Unification Treaty , shall enter into force on 1 January 1992. In addition, this Regulation shall apply in the territory referred to in Article 3 of the Agreement of Accession to the effect of accession in accordance with Articles 23 to 27. § 23 Reaction of authorisations for the placing on the market of the date of entry into effect of the accession Authorisations and derogations granted for the placing on the market of groups 1 and 2 of medical-technical equipment shall be considered as type approvals in accordance with § 5, to the extent to which such equipment shall be used in the area in which this Regulation already applies prior to accession , until the date of entry into effect of the accession of type approvals pursuant to § 5 is not granted . The authorisations shall apply until 31 December 1994 at the latest, and the derogation shall be valid until 31 December 1991. § 5 (6) sentence 2 shall apply to the equipment concerned, insofar as they are delivered after 30 June 1991. § 24 Continuing operation, commissioning (1) Regardless of whether the requirements pursuant to § 6 (1) sentence 1 are fulfilled in individual cases, the following shall be required: medical-technical equipment

1.

shall continue to operate if, before the date of entry into force of the accession, it has been authorised, in the territory referred to in Article 3 of the Agreement,

2.

up to 31 December 1991, be put into service and continue to operate after that date if they comply with the provisions adopted on the day before the date of entry into force of the territory referred to in Article 3 of the Agreement on the have been gilded.

Section 6 (5) shall apply to the medical-technical equipment referred to in paragraph 1, with the proviso that the operating rules laid down in the other Regulation pursuant to Section 24 of the Industrial Code shall apply no later than 1 January 1992. For the requirements of the equipment to be set up on the equipment part, the provisions which have been applied before the date of entry into force of the accession shall remain applicable in the territory referred to in Article 3 of the Agreement. (3) § 25Safety and security checks § 11 shall apply for the medical-technical equipment of Group 1, falling within § 24 (1) at the latest from 1 January 1992. Until the application of § 11, these devices shall be examined in accordance with the relevant provisions, which shall be subject to the provisions of Article 3 of the Agreement on the day before the date of entry into force of the accession. The inventory of stocks referred to in § 12 shall be drawn up no later than 31 December 1991. Until such time as it is drawn up, the medical-technical equipment of Groups 1 and 3 shall be recorded in accordance with the relevant provisions which, in the area referred to in Article 3 of the Agreement, have been subject to the date of accession on the day before the date of entry into force of the accession. 27Transitional provisions of § 28 (1) § 28 shall apply on the condition that the words "on 1 January 1986" and in the place of the words "at the time of entry into force" shall be replaced by the words "at the time of entry into force of this Regulation" in the first sentence of paragraph 1. of this Regulation "in the first and second sentences of paragraph 2 and of the words" at the date of entry into force of this Regulation " in (2) The proof of regular maintenance pursuant to section 28 (2) sentence 2 shall be furnished for the period from the start of the commissioning of the medical-technical equipment of Group 1. To the extent that these devices have been put into service earlier than one year before the date of entry into effect of accession, proof shall be sufficient for the period from the day before the date of entry into force of the accession. The proof is to be provided for the individual devices by submitting appropriate documents. It shall also be deemed to have been provided to the extent that the operator proves that he has been employed for at least one year before the date of entry into force of the accession of experts to whom the planning, organisation and execution of the maintenance of such equipment is to be carried out. (3) The examination in accordance with Section 28 (2) sentences 2 to 4 and (3) shall be carried out until 31 December 1994. "

b)

The previous sixth section will be seventh section, the previous § § 22 to 24 will be § § 28 to 30.

c)

In § 11 paragraph 1 sentence 3, § 13 para. 3, § § 16, 19 para. 1 sentence 1 and § 20 para. 2 no. 5, the number "22" is replaced by the number "28".

Unofficial table of contents

Annex I Kap VIII B III Annex I, Chapter VIII
Area B-Technical employment protection
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

up to 11. (no longer apply)

12.

Law on occupational physicians, safety engineers and other occupational safety professionals of 12 December 1973 (BGBl. 1885), as amended by Section 70 of the Law of 12 April 1976 (BGBl. 965), with the following measures:

a)

The obligation of the employers in accordance with § 2 shall be deemed to be fulfilled if the occupational health tasks are carried out by an establishment of the occupational health care system. (b) and (d) shall apply.

b)

In accordance with § 4, the employer can be regarded as a specialist in occupational medicine or work hygiene and specialist physicians with state recognition as a company doctor.

c)

The employer can be regarded as a specialist for occupational safety in accordance with § 7 as proven by skilled workers who have a higher-education, technical or master qualification and a practical activity corresponding to the training for at least two years and training as a technical engineer or specialist economist for occupational health and safety inspectors or safety engineer or technical engineer for fire protection or the acquisition of the recognised additional qualification in health and safety at work for safety inspectors or a Appropriate training in the field of work hygiene. Occupational safety experts also meet the requirements if they have been active in the field of occupational safety for at least two years prior to the entry into force of this law.

d)

and (e) (no longer apply)

f)

If the employer is a member of an accident insurance carrier and has adopted this accident prevention regulations in accordance with Article 14 (1), the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of Accident prevention regulations. The required specialist may continue to be regarded as proven if the conditions set out in (b) and (c) are fulfilled.

g)

In the case of the public service of the countries referred to in Article 1 of the Treaty and of the Land of Berlin for the part in which the Basic Law has not yet been applied, until such time as the relevant provisions have been adopted by the competent authorities responsible for the public service Minister of the Länder the directive of the Federal Minister of the Interior for the occupational health and safety service in the administrations and enterprises of the federal government of 28 January 1978 (GMBl. 114 et seq.) ,

13.

and 14. (no longer apply)

Unofficial table of contents

Annex I Kap VIII C III Annex I, Chapter VIII
Field C-Social work protection
Section III

(No longer to be applied) (Section III, No 1 to 13) Unofficial table of contents

Annex I Kap VIII D II Annex I, Chapter VIII
Area D-Overlapping Provisions of Social Law
Section II

Federal law shall be repealed or supplemented as follows:

1.

Law of the Social Courts as amended by the Notice of 23 September 1975 (BGBl. 2535), as last amended by Article 32 of the Law of 20 December 1988 (BGBl I). I p. 2477), shall be amended as follows:

a)

Section 78 (2) is deleted.

b)

In accordance with § 84, the following § 84a is inserted: "§ 84aFor the preliminary proceedings, § 25 (4) of the Tenth Book of the Social Code does not apply." For actions against administrative acts, which were carried out by service providers before 1 January 1991 in the previous scope of the The Social Courts Act (date of the decision), section 78 (2) shall apply in so far as the social courts established in the latter's scope of application are competent.

Unofficial table of contents

Annex I Kap VIII D III Annex I, Chapter VIII
Area D-Overlapping Provisions of Social Law
Section III

(No longer to be applied) (Section III No 1 to 4) Unofficial table of contents

Annex I Kap VIII E I Annex I, Chapter VIII
Field E-Labour market policy, employment promotion, unemployment insurance
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

Homegroyer Act in the revised version published in the Federal Law Gazette, Part III, Section 84-1, as last amended by Article 39 of the Law of 20 December 1988 (BGBl. I p. 2477)

2.

Ordinance on the implementation of the Law on Assistance Measures for Domestic Keepers in the adjusted version published in the Federal Law Gazette, Part III, No. 84-1-1, as last amended by Article 1 of the Regulation of 13 February 1975 (BGBl. I p. 498)

Unofficial table of contents

Annex I Kap VIII E II Annex I, Chapter VIII
Field E-Labour market policy, employment promotion, unemployment insurance
Section II

Federal law shall be repealed, amended or supplemented as follows:

1.

Labour Promotion Act of 25 June 1969 (BGBl. 582), as last amended by Article 19 of the Law of 28 June 1990 (BGBl I). 1221),

a)

Section 62a is amended as follows:

aa)

In the fifth sentence of paragraph 3, the reference "sentence 3" shall be replaced by the reference "sentence 4" and the reference "Paragraph 1, first sentence, point (a) or (c)" shall be replaced by the reference "paragraph 1, first sentence, no. 1 or 3".

bb)

In the second sentence of the second sentence of paragraph 7, the reference to paragraph 1, first sentence, point (c) shall be replaced by the reference to the first sentence of paragraph 1, paragraph 1, point 3.

b)

In § 63 (4) sentence 1, the claim "§ 17 No. 1 of the termination protection act" is replaced by the claim "§ 17 para. 1 of the dismissal protection act".

c)

Section 112 is amended as follows:

aa)

Paragraph 5 shall be amended as follows:

aaa)

In the second sentence of the second sentence of paragraph 4, the reference "§ 112a (1) sentence 2" shall be replaced by the reference "§ 112a para. 1 sentence 3".

bbb)

In point 8, the reference "(Article 107 (5) (d))" shall be replaced by the reference "(Article 107, first sentence, point 5 (d))".

bb)

In the third sentence of paragraph 6, the reference to the second sentence of paragraph 2 shall be replaced by the reference to the second sentence of paragraph 1.

cc)

In paragraph 7, the reference "in accordance with paragraphs 2 to 6" shall be replaced by the reference "in accordance with paragraphs 1 to 6".

dd)

In the first sentence of paragraph 8, the reference "pursuant to paragraph 2" shall be replaced by the reference "in accordance with paragraph 3".

d)

§ 241b is repealed.

e)

In accordance with § 249a, the following § § 249b bis e are inserted: " § 249b (1) The Promotion under the Employment Promotion Act of 22 June 1990 (GBl. (2) According to the Law on the Promotion of Employment of 22 June 1990 (GBl), the law of 22 June 1990 is applicable to the law of 22 June 1990. 403), the Employment Promotion Act of 22 June 1990 (GBl) is entitled to unemployment benefit, short-time workers ' allowance or unemployment benefit. I n ° 36, p. 403). In the application of this law, the creation of a claim under the Employment Promotion Act of 22 June 1990 (GBl. No 36 p. 403), the creation of a claim under this Act. Only the amount of the benefit shall be redefined for the period after 31 December 1990 on the basis of the pay which is relevant for the assessment of the performance. By way of derogation from section 113 (1), first sentence, the wage control class registered on the payroll card at the beginning of 1991 shall be decisive. A reduction in the performance is excluded. (3) Paragraph 2, sentence 3 to 5, applies to the maintenance allowance and transitional allowance. (4) Paragraph 2, second sentence, applies to the bankruptcy allowance, including the contributions in accordance with § 141n according to § 249c (1). The application of § 19 (1a) and (1b) shall also take account of periods of residence and initial employment in the territory referred to in Article 3 of the Agreement. (2) By way of derogation from Section 59b, the transitional allowance shall be increased in each case in the the same time intervals and by the same percentage as pensions in the case referred to in Article 3 (3) In the application of § 62a (3) sentence 1, the reference quantity applicable in the country referred to in § 2 of the distribution regulation in the § 91 (2) sentence 3 and section 94 (2) is applicable to measures to be taken by the German Federal Foreign Office (Bundesgesetzblatt, Part III, outline number 240-3, published revised version for the Aussiedler). Labour procurement in the territory in which this law is already before the date of entry into force of accession (5) In the case of the application of Article 91 (4), it is necessary to apply the provisions of Article 91 (4) of this Regulation in respect of employment measures in the area in which the said territory is subject to the (6) For the application of Section 94 (3), second sentence, for measures to be taken in respect of the measures to be taken before the date of entry into force of the date of entry into force of the date of entry into force of the date of accession. Labour procurement in the territory in which this law is already before the date of entry into force of accession , by 30 June 1991, grants of more than 90 to 100 per cent of the amount of the pay for a maximum of 15 per cent of the total number of workers allocated in the calendar year shall be authorized. (7) Application of § 105a the invalidity or incapacity for invalidity in the sense of statutory pension insurance shall be equal to the invalidity or invalidity of the occupational pension in the sense of the right of retirement, which is the subject of the area referred to in Article 3 of the Unification Treaty (8) In addition to § 107, the periods of a contribution to the obligation to provide contributions shall be deemed to be valid. Employment equal to:

1.

Periods of employment under the Employment Promotion Act of 22 June 1990 (GBl). 36 p. 403), have justified the obligation to provide assistance;

2.

Times, which are in accordance with § § 107, 249b (5) of the Employment Promotion Act of 22 June 1990 (GBl. 403), which has been a source of employment that is based on the obligation to provide contributions.

The periods referred to in § 107, first sentence, no. 5, points (b) or (c), are periods of payment of the corresponding benefits in accordance with § 107 sentence 1 no. 5 letters b or c of the Employment Promotion Act of 22 June 1990 (GBl. No 36 p. 403) is the same. (9) In the application of a legal regulation in accordance with Section 111 (2) sentence 1, the respective performance measurement limit shall be the determining factor in the area in which the unemployed person was last in one of the following: (10) In the application of Section 111 (2), the following conditions are required:

1.

Provisions relating to ordinary statutory deductions from the remuneration in the territory referred to in Article 3 of the Agreement do not take account of those provisions which differ from those in the territory in which the Employment Promotion Act before accession,

2.

Church tax-raising rates which apply in the area referred to in Article 3 of the Unification Treaty shall be taken into account for the first time in the terms of the performance regulation for the third calendar year following the introduction of the church tax in this area,

3.

For the first time, the rates of contributions of statutory health insurance in the area referred to in Article 3 of the agreement shall be taken into account for the 1992 performance regulation.

(11) In the application of § 112, the first sentence of the first sentence of paragraph 8 shall be the same period as the last gross average wage within the meaning of Section 112 (1) of the Employment Promotion Act of 22 June 1990 (GBl. 36 p. 403), up to the amount of 2,700 Deutsche Mark per month. In addition, for periods of employment based on the obligation to pay contributions, which were completed before 1 January 1991 in the area referred to in Article 3 of the Agreement, Section 112 of the Employment Promotion Act of 22 June 1990 (GBl). (12) In the case of the application of Section 112, the time of the payment of a withdrawal or transitional allowance pursuant to the Annex to Article 20 of the Agreement shall be that of: (13) The remuneration according to Article 112 shall be based mainly on periods of work charges arising from the territory referred to in Article 3 of the Agreement on employment, which shall be calculated on the basis of the Adjustment rate in accordance with § 112a (1) sentence 1 from the change in the gross earnings rates, which are the subject of the respective Pension adjustment in this area. The annual period shall be shortened in each case on the basis of the reduction in the annual balance of the pension adjustments in the area referred to in Article 3 of the Unification Treaty. (14) The entitlement to unemployment benefit shall also be based on the first sentence of Article 118 (1) of the Agreement for the period of Time for which the unemployed are entitled to

1.

Pregnancy and weekly allowances or maternal support,

2.

Withdrawal or transitional allowance pursuant to the Annex to Article 20 of the Agreement

(15) The early retirement allowance according to § 118b shall be subject to early retirement benefits in accordance with the Ordination on Preretirement Fees of 8 February 1990 (GBl. 42). (16) In addition to Article 134 (1), first sentence, point 4 (a), the receipt of unemployment benefits under this Act shall be related to:

1.

of unemployment benefits under the Employment Promotion Act of 22 June 1990 (GBl. No 36 p. 403);

2.

of state support under the Regulation of 8 February 1990 (GBl. 47), insofar as they are in accordance with Section 249b (6) of the Employment Promotion Act of 22 June 1990 (GBl. 36 p. 403), which has equated the relationship between unemployment benefit.

(17) Paragraph 134 (2) and (3) shall be applied mutatis mutatis mutatis verge at times in which an unemployed person, in the territory referred to in Article 3 of the Agreement, has completed a period of time comparable to the periods referred to in Article 134 (2), or in accordance with the conditions laid down in Article 3 of the Agreement. (18) In the case of the application of § 135, the right to unemployment benefits under this Act is entitled to unemployment benefits under the Employment Promotion Act (Arbeitsförderungsgesetz). of 22 June 1990 (GBl. No 36 p. 403). (19) Paragraph 137 (1) shall apply with the proviso that, until 31 December 1990, the child benefit under the Federal Children's Money Act shall be subject to the state child benefit in accordance with the conditions laid down in the territory referred to in Article 3 of the Agreement. (20) In addition to the benefits referred to in § 138 (3), the benefits shall not be considered as income

1.

maternal support, to the extent that it does not exceed 600 Deutsche Mark per month,

2.

the State allowance for children and the grant of family income in accordance with the provisions in force in Article 3 of the Agreement until 31 December 1990;

3.

the supplement to the State child benefit according to § 1 of the Regulation on the granting of a supplement to the State child allowance of 4 January 1990 (GBl). 2 p. 3) until 31 December 1990,

4.

the allowance for family expenses in accordance with the provisions in force in the area referred to in Article 3 of the agreement until 31 December 1990.

(21) In the application of § § 141a to 141n, 145 nos. 3 and 71 (4), the relevant provisions of the general enforcement order shall apply in place of the provisions of the order of bankruptcy, which shall be referred to or provided for, if: Insolvency of the employer the entire order of execution is to be applied or in the case of § 141b paragraph 3 no. 2 would be applicable. (22) Membership in a cooperative, which according to § 69 para. 3 of the Agricultural Adjustment Act of 29. June 1990 (GBl. 642) must be converted into a valid legal form by 1 January 1992 at the latest, does not preclude employment as an employee (Article 168 (1) sentence 1) of this cooperative. (23) In the application of § 169c No. 3, the Invalidity or invalidity in the sense of statutory pension insurance, the invalidity or invalidity of the occupational disability in the sense of the pension rights shall be equal to that in the area referred to in Article 3 of the Unification Treaty. (24) The funds according to § In 1992, paragraph 1 of Article 3 of the Agreement also applies to the territory referred to in Article 3 of the Agreement. Year 1990. The work of the employers according to § 186e of the Employment Promotion Act of 22 June 1990 (GBl. 36 p. 403) for the year 1990 is to be calculated; in so far as it exceeds the expenditure, it must be offset by the appropriations to be applied in accordance with § 186b (1) for the year 1991. (25) By the merger the Bundesanstalt für Arbeit das Assets of the employment administration of the German Democratic Republic and enters into the rights and duties of the employment administration of the German Democratic Republic. Article 20 of the Agreement remains unaffected. (26) For the remainder of the current term of office (April 1, 1986 to March 31, 1992), the Board of Management and the Board of Directors shall apply the following special regulations:

1.

By way of derogation from Section 192 (2), the Administrative Board shall consist of fifty-one members, the Board of Directors comprising twelve members, and the extension shall be made without delay.

2.

In addition to professional members, they shall have their place of residence or habitual residence in the territory referred to in Article 3 of the Agreement on the integration of the European Union.

3.

§ § 192, 195, 196 and 197 of this Act apply accordingly for the appointment of the additional members. Eligible for the additional representatives of the public authorities in the institutions

a)

for the Management Board

aa)

The federal government and the leading association of municipal self-governing bodies for one member each

bb)

the Federal Council for two members

b)

for the Executive Board of the Federal Council.

4.

If a decision is not reached during the current term of office in the Executive Board due to a tied vote, the Board of Directors shall decide.

(27) The advisory councils at the employment offices shall carry out their advisory tasks within the meaning of Section 190 of the Employment Promotion Act of 22 June 1990 (GBl. 36 p. 403), until the formation of management committees continues to be true. Until the formation of administrative committees at the State Labour Offices in the area referred to in Article 3 of the Agreement on Employment, the Advisory Board of the Central Employment Service shall continue to carry out its previous tasks. (28) The term of office of the members the management committees at the Landesarbeitsämtern und Arbeitsämtern shall end on 31 March 1992. (29) § 241b of the version in force until the date of entry into effect of the accession is valid for claims which arose before the date of entry into effect of the accession, to continue to apply. § 249dFor the purpose of Article 3 of the Agreement This law applies with the following measures:

1.

Section 34 (4) does not apply to vocational training measures which take place at universities of applied sciences, universities or similar educational establishments in the area referred to in Article 3 of the Agreement and which have started until 31 December 1992. The participant in a measure referred to in the first sentence shall not be encouraged if, within the last six months preceding the date of accession, he has not had his residence or habitual residence in the territory referred to in Article 3 of the agreement.

2.

Section 40 (1b) shall not be taken into account until the date of approval of the grant period, which shall begin after 30 June 1992. 1. It shall apply without the restrictive conditions laid down in the first sentence of October 1992.

3.

The participation in a training measure which is subject to the conditions of § 41 (2a) of the Employment Promotion Act of 22 June 1990 (GBl. 36 p. 403), will continue to be promoted until the end of the measure.

4.

An applicant whose participation in the education measure is necessary in order not to become unemployed in the event of a threat of unemployment shall then be subject to an applicant who shall be responsible for the promotion of his participation in the training measure. § 44 (2) sentence 1 no. 2 is fulfilled if, within the last twelve months, he/she has had at least six months of his residence or habitual residence in the territory referred to in Article 3 of the Agreement and until the end of the period of 31 December 2008. The Commission has entered into the measure in December 1992.

5.

Section 44 (5) of the Employment Promotion Act (Arbeitsförderungsgesetz) is to be found on participants who are in accordance with the Employment Promotion Act of 22 June 1990 (GBl). No 36 p. 403) have not been applied.

6.

Anyone who has entered into a vocational training and retraining measure before 1 July 1990 and benefits under Article 5 of the Regulation of 8 February 1990 on the retraining of citizens to secure a professional activity (GBl. 83) and in accordance with Article 3 of the Implementing Regulation of 16 March 1990 (GBl). 192), for the duration of the measure, the assistance shall be paid as a maintenance allowance and the cost of the measure in the amount previously granted. The compensation payments are made by the Federal Labour Office.

7.

The provisions relating to the production of winter land (§ § 77 to 82, 186a and 238) shall be applied in the area referred to in Article 3 of the Agreement with effect from 1 April 1991.

8.

Bad weather allowance shall be granted up to 31 March 1992 at the premises of the construction industry, located in the territory referred to in Article 3 of the Agreement, if they do not fulfil the conditions laid down in Article 83 (1) and (2).

9.

The calculation of the bad weather conditions for weather-related work failures of November and December 1990 is carried out in accordance with § 68 of the Employment Promotion Act of 22 June 1990 (GBl. N ° 36, p. 403).

10.

§ 128, 134 (4) sentence 4 shall not apply to employees who have been dismissed by 31 December 1992 from an establishment situated in the territory referred to in Article 3 of the Agreement of Unity.

11.

In addition to section 163 (2), the Bundesanstalt für Arbeit für die Schlechtbetterzeiten 1990/91 and 1991/92 grants employers with their registered office in the area referred to in Article 3 of the agreement a grant to the contribution expenses for the Health insurance of the recipients of bad weather. The grant for the 1990/91 bad weather period is 75 per cent, for the bad weather period 1991/92 50 of the hundred of the amount to be paid for the remuneration within the meaning of section 163 (1), in accordance with the applicable contribution rate of the institution of the Health insurance. For the application, the exclusion period of § 88 (2) sentence 2 shall apply accordingly.

12.

By way of derogation from the second sentence of Article 166 (3), the Bundesanstalt für Arbeit für die Schlechtbetterzeit 1990/91 grants employers, based in the territory referred to in Article 3 of the agreement, to grant a grant of 75 of the hundred of the Contributions to the pension insurance of the recipients of bad weather money.

13.

For persons who are liable to pay contributions or as detainees (Section 168 (2) and (3a), Section 168 (2) and (3a) of the Employment Promotion Act of 22 June 1990-GBl. 36 p. 403-), no contributions shall be made for periods prior to 1 January 1991.

14.

In Section 171 (1), first sentence, point 1, first subparagraph, the amount of 610 Deutsche Mark shall be replaced by an amount equal to one seventh of the monthly reference quantity in the territory referred to in Article 3 of the Einigungscontracges As 610 Deutsche Mark, one-seventh of the monthly reference size in the area in which the Employment Promotion Act was applied before accession, according to § 18 of the Fourth Book of the Social Code, rounded up to full ten Deutsche Mark.

15.

For the purposes of Article 175 (1) (1) (1) and (3) and (2), the contribution ceiling of the pension insurance scheme of the workers and employees shall be replaced by the contribution ceiling for the pension rights referred to in Article 3 of the The provisions of the Agreement shall apply.

16.

For the purposes of the application of the first sentence of Article 175 (1) (2a), the average gross earnings of all insured persons in the pension insurance scheme of the workers and non-apprentices in the previous calendar year shall be replaced by those in the following calendar year: Article 3 of the agreement referred to in Article 3 of the agreement on the territory of the Union.

17.

As from 1 April 1991, the repayment amounts according to § 186a shall be deducted from employers in the construction sector, with their registered office in the territory referred to in Article 3 of the Agreement, to the Landesarbeitsamt Berlin (Landesarbeitsamt Berlin) exclusively for as long as they have been deducted from the sums concerned. (§ 186a (2) sentence 1) is not possible; § 186a (2) sentence 3 does not apply to this extent.

18.

In the area referred to in Article 3 of the agreement, the Central Employment Service is responsible for the tasks of the Landesarbeitsämter until the formation of Landesarbeitsämtern (Landesarbeitsämtern-Landesarbeitsämtern).

19.

§ 233b (2) sentence 1 no. 3 is to be applied until the entry into force of § § 28a to 28r of the Fourth Book of the Social Code in the following version:

" 3.

against provisions relating to the obligation to pay social security contributions, "

§ 249e (1) The Federal Agency shall grant workers who, in the period from the date of entry into force of the accession date, until 31 December 1991 after the completion of the 57. for the period of at least 90 calendar days in the territory referred to in Article 3 of the Agreement and residence in the last 90 calendar days of employment, from a period of at least 90 calendar days to be paid by the person concerned, or habitual residence in this territory, an old-age benefit in accordance with the following paragraphs. (2) is entitled to an old-age pension, who

1.

is unemployed, has been unemployed at the employment office and has applied for an old-age pension,

2.

the conditions set out in § § 101 to 103 are not fulfilled solely because they are not prepared to accept any reasonable employment which he/she may and may exercise, as well as to take part in reasonable vocational training measures (§ 103 (1)) Sentence 1 (2)),

3.

on the date on which the conditions set out in paragraphs 1 and 2 (1) and (2) are met for the first time,

a)

if the conditions for entitlement to unemployment benefit are fulfilled, this benefit could be claimed for 832 days (§ 106), or

b)

due to a claim to unemployment benefit with a duration of 832 days, unemployment benefit has not been paid for more than 78 days.

(3) The provisions on unemployment benefit and for beneficiaries of this benefit shall apply mutatily to the age-transitional allowance, subject to the following measures:

1.

The duration of the claim is 936 days. In the case referred to in paragraph 2 (3) (b), it shall reduce the number of days for which the entitlement to unemployment benefit has been fulfilled.

2.

The amount of the claim is 65 of the hundred of the statutory deductions which are usually incurred by employees, reduced pay in the sense of § 112. For claims arising before April 1, 1991, the age transition allowance for the first 312 days increases by 5 percentage points. § 112a is not applicable with regard to the increase amount.

3.

In the application of Section 112 (11), the following shall be replaced by the 58. Year of life 57. Year of life.

4.

The Federal Institute may, in the order of Section 103 (5), take measures which take into account the special features of the age-transitional period. Pending the entry into force of such a scheme, the arrangements applicable to the benefit of the age-transitional allowance shall be those which take account of the particularities of Section 105c.

(4) The employment office shall invite the person concerned who, after having been informed of the system of the sentence, has received an age-transitional allowance for 278 days and is likely to satisfy the conditions for entitlement to an old-age pension in the foreseeable future, to apply for an old-age pension within one month. If the person entitled does not make the application, the right to a retirement pension shall be paid from the day after the expiry of the period up to the date on which the rightholed pension is applied for. (5) If a right to an old-age transitional allowance has been made, the following shall apply to: the entitlement to unemployment benefits shall be subject to the provisions of this Act, with the following measures:

1.

The duration of a right to unemployment benefit, which is based on periods of employment based on the obligation to pay contributions, before the birth of the right to age benefit, is reduced by the days for which the right to benefit for old-age pension benefits is reduced. has been fulfilled.

2.

A claim to unemployment benefit is based on the time when a right to benefit from retirement benefits is not exhausted.

3.

If the person concerned has received 78 days of retirement benefit,

a)

shall be entitled to unemployment benefits, based on the age of entitlement to the benefit of the old-age pension,

b)

Periods of employment which are based on the obligation to pay contributions shall not be taken into consideration in the application of § § 104 and 106 prior to the establishment of the right to a transitional pension.

(6) The entitlement to unemployment benefits is equal to the benefit of the unemployment benefit. (7) There is no entitlement to an old-age pension if the applicant has submitted an application for the previous professional activity of the applicant in the region. (8) The Federal Minister of Labour and Social Affairs can, in agreement with the Federal Minister for Finance and the Federal Minister for Economic Affairs, the freezing order referred to in paragraph 1 by means of a regulation up to 31 December 2008. (9) In the period from the date of entry into force of the accession to 31 December 1990, a worker shall be subject to a period of employment giving rise to the obligation to contribute to the In paragraphs 1 and 3, point 3 shall be replaced by the 57. Year of life the 55. Year of life. In these cases, the duration of the entitlement to an old-age transitional allowance is 1560 days. (10) The federal government shall reimburse additional expenses incurred by the Federal Labour Office for the duration of the claims of more than 832 days. Administrative costs will not be reimbursed.

2.

The law on the transfer of workers in the version of the Notice of 14 June 1985 (BGBl. 1068), as last amended by the Law of 22 December 1989 (BGBl I). 2406), in accordance with Article 1 (19), the following shall be inserted: " § 20System of transfer from the occasion of the manufacture of the unit DeutschlandsFor the territory referred to in Article 3 of the Unification Treaty,

1.

§ 12 (3) first, if § 28a of the Fourth Book of the Social Code enters into force.

2.

§ 18 para. 2 no. 4 is to be applied until the entry into force of § § 28a to 28r of the Fourth Book of the Social Code in the following version:

" 4.

failure to comply with provisions on the obligation to pay social security contributions, ".

3.

Law to combat undeclared work in the version of the notice of 29 January 1982 (BGBl. 109), as last amended by Article 14 of the Law of 20 December 1988 (BGBl I). 2330), in accordance with § 2a the following § 2b is inserted: " § 2bRules of transfer on the occasion of the production of the unit DeutschlandsFor the territory referred to in Article 3 of the Unification Treaty, § 2a (2) no. 4 until the entry into force of § § 28a to 28r of the territory of the German Federal Republic of Germany Fourth Book of the Social Code to be applied in the following version:

" 4.

failure to comply with provisions on the obligation to pay social security contributions, ".

4.

Age Law of 20 December 1988 (BGBl. 2343, 2348), as last amended by Article 3 of the Law of 22 December 1989 (BGBl I). 2398),

a)

In Article 2 (1) (3), the following sentence is added: "Section 249c (8), first sentence, of the Employment Promotion Act shall apply in accordance with the territory referred to in Article 3 of the Agreement of the Agreement."

b)

In accordance with § 13, the following is inserted: " § 13aOverline regulation resulting from the establishment of the German unit (1) To the place of the contributions to higher insurance provided for in Article 3 (1) (1) (b), employees from the provisions of Article 3 of the German Unity (2) In the case of holdings having their registered office in the territory referred to in Article 3 of the Agreement, the average of the last three shall be calculated in accordance with the first sentence of Article 7 (1) of the Agreement. months before the beginning of the employee's part-time work. (3) To the point of the in § § The performance provided for in Article 3 of the Agreement shall be equivalent to that provided for in Article 3 of the Agreement. "

5.

Homegroyer Law in the revised version published in the Federal Law Gazette, Part III, Section 84-1, as last amended by Article 39 of the Law of 20 December 1988 (BGBl. I p. 2477), § § 2 and 3 are repealed.

6.

Law on severely disabled persons in the version of the notice of 26 August 1986 (BGBl. 1421, 1550), as last amended by Article 20 of the Law of 28 June 1990 (BGBl I). 1221)

a)

In Section 5 (3) (1), the words "and the Deutsche Bundespost" are inserted after the word "Bundesbahn" (Federal Railway).

b)

In § 11 paragraph 2, the number "150" is replaced by the number "200".

c)

In § 35 (2), the number "33" is replaced by the number "38" and the number "11" is replaced by the number "16".

d)

In section 41 (3), first sentence, the words 'postal and telecommunications' shall be replaced by the words 'postal and telecommunications'.

e)

The following paragraph 4 is added to Article 54: '(4) The care and promotion of non-workable disabled persons may be carried out in institutions and groups affiliated to the workshop.'

f)

In Article 59 (1) sentence 5 (3), the point shall be replaced by a semicolon and the following half-sentence shall be added: " the same shall apply to severely disabled persons who are subject to these conditions on the 1. They did not fulfil their residence or habitual residence at that date in the area referred to in Article 3 of the Agreement. "

7.

Unemployment Assistance Regulation of 7 August 1974 (BGBl. C) 1929), as last amended by Regulation of 20 December 1988 (BGBl. 2598), in accordance with § 13 the following § 13a is inserted: " § 13aOverline regulation on the occasion of the production of the unit DeutschlandsUntil 31 December 1991 the invalidity pension, the miners 'pension and the miners' pension shall be applied for the application of Section 11 in the sense of the pension law applicable in the area referred to in Article 3 of the Unification Treaty, the pension shall be the same for the purpose of occupational incapacity. '

8.

Work permit regulation, as last amended by Article 3 of the Law of 6 January 1987 (BGBl. 89), in accordance with § 15, the following § 15a is inserted: " § 15aOverline regulation arising from the establishment of the unity of Germany (1) In the cases of § 1 para. 2, § 2 para. 1 no. 1, para. 2, 3 and 5, § 4 para. 1 and 2, periods of the In the case of Section 2 (2) (1), the conclusion of a comparable school and vocational training in the territory referred to in Article 3 of the agreement shall also be taken into consideration. (3) A work permit which grants free access to the labour market shall apply with the exception of: Cases referred to in Article 2 (1) (2) and (3) and (6) to 31 December 1992 shall not apply in the territory referred to in Article 3 of the Agreement, provided that the foreigner in that territory

1.

does not have a place of residence or habitual residence at the date of entry into force of the agreement

2.

has carried out a non-self-employed activity of less than five years. "

Unofficial table of contents

Annex I Kap VIII E III Annex I, Chapter VIII
Field E-Labour market policy, employment promotion, unemployment insurance
Section III

(No longer to be applied) (Section III No 1 to 7) Unofficial table of contents

Annex I Kap VIII F I Annex I, Chapter VIII
Area F-Social insurance (General provisions)
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

Law regulating the restitution of national socialist injustice in the social security system of 22 December 1970 (BGBl. 1846), as last amended in accordance with Article 21 of the Law of 18 December 1989 (BGBl I). 2261; 1990 p. 1337),

2.

Article 4 of the law amending and supplementing the provisions on the restitution of national socialist injustice in the social security system of 22 December 1970 (BGBl. I p. 1846),

3.

General Regulation 1990 in the version of the Notice of 18 December 1984 (BGBl. 1642), as last amended by Article 2 of the Regulation of 12 December 1989 (BGBl I). 2177).

Unofficial table of contents

Annex I Kap VIII F II Annex I, Chapter VIII
Area F-Social insurance (General provisions)
Section II

Federal law is supplemented as follows:

1.

The following special provisions shall apply to the liquidate of the social security institution in the territory referred to in Article 3 of the Treaty: § 1 (1) The institution of the social security system shall become a legally competent institution on 1 January 1991. (2) The Federal Minister for Labour and Social Affairs appointed in consultation with the top associations of the sickness insurance institutions, the pension insurance scheme, and the of the accident insurance to the managing director and the deputy Managing director. In the case of the transfer institution, appeals committees are formed, the members of which consist in equal shares of representatives of the employers and of the employees. They are appointed by the managing director on a proposal of the associations named in § 48 (1), first sentence, no. 1 and 2 of the Fourth Book of the Social Code. The application of this paragraph should take into account previous function carriers. (3) The Federal Insurance Office (Bundesversicherungsamt) carries out the supervision of the transfer institution. § 2 (1) The Board of Supervisors fulfils the tasks of the pension insurance and the Accident insurance at the latest by 31 December 1991 in the name of and on behalf of the institutions of the pension insurance and the accident insurance, in so far as these do not yet have to carry out their duties. In accordance with Article 30 (4) of the Treaty and with the agreement of the other institutions of the same insurance branch and their supervisory authorities, the institutions of the pension insurance and the sickness insurance institutions may, in accordance with Article 30 (4) of the Treaty, further tasks (§ § 89 and 91 (1) and (2) of the Tenth Book of the Social Code shall apply mutagentily). The division of the administrative costs and expenses on the three branches of the social security system shall be carried out in proportion to the amount of the expenditure concerned, and the division between the individual institutions shall be carried out by the centres of excellence in each of the branches of the social security system. Social security. In order to carry out their duties in accordance with the first sentence, the institution shall receive advances from the competent institutions of the pension insurance and the accident insurance in good time on a monthly basis, in so far as the revenue accruing to it is not sufficient, the running of the running expenditure to cover. The Federal Insurance Office sets the advance notice. For the amount of the advance of the accident insurance, the division scale shall be applied in Annex I, Chapter I. VIII Sachgebiet I, Section III, No 1. (2) The tasks of the Board of Management also include the carrying out of the operations which cover the area of the sickness insurance branch of the institution of the institution of the institution of the Social security. § 3 (1) The assets of the institution of the social security system shall be transferred to the social security institutions whose responsibility for the territory referred to in Article 3 of the Treaty . The details are regulated by a federal law. Up to the division of the assets under the terms of the law referred to in sentence 2, orders are admissible only with the consent of the Federal Minister of Labour and Social Order; this does not apply insofar as it is concerned with the disposal of liquid funds to the (2) The institutions of the Social Security, whose jurisdiction exists for the territory referred to in Article 3 of the Treaty, shall be the legal successor of the corresponding person on 8 May 1945 in respect of the assets of the institution § 4 (1) The transfer institution shall enter into the (2) The employees of the transfer institution are the continuation of the employment relationship between the institutions, the latter of which shall be responsible for the employment relationship between the institution of the social security system and the employees of the social security institution. Jurisdiction in the territory referred to in Article 3 of the Treaty shall be available until 31 December 1991 at the latest, unless such a continuation would be unreasonable for the institutions, since the conditions for a worker are: Extraordinary termination for important reason pursuant to Annex I, Chapter XIX, Sachgebiet A Section III (1) (5) of the Treaty. (3) The obligation laid down in paragraph 2 is the responsibility of the employees working in the sickness insurance sector of the transfer institution, the health insurance funds, for which the sickness insurance fund is located in the area of the Pension insurance employees of pension insurance institutions and for those employed in the field of accident insurance the accident insurance institutions. The breakdown of the points to be offered in the individual classes is based on agreements made by the respective insurance institutions, with the participation of their leading associations. In this connection, the legitimate interests of the employees must be taken into account. (4) The transfer institution shall be responsible for the business of its dissolution after completion of the tasks pursuant to § 2 para. 1 by the institutions of the pension insurance and the accident insurance Staff are provided to a sufficient extent.

2.

From 1 January 1991, the following arrangements shall apply in the area referred to in Article 3 of the Treaty concerning the social security reporting procedure:

" § 1
General
Employees for whom contributions or contributions are to be paid for statutory health or pension insurance or under the Employment Promotion Act are payable to the health insurance scheme, which draws in the total social insurance contribution, and to unsubscribe. In the event of a change in health insurance, the employer must notify the employee of the previously responsible health insurance fund and must register with the health insurance fund now responsible. The application shall be made within two weeks after the start of the employment, to be notified within six weeks after the end of the period of employment. The notifications shall be made on the forms of the insurance post (SVN-issue) sent to the employee by the institution of the pension insurance scheme. To this end, the employee has to hand over the SVN issue to the employer. If the employee is not in possession of a SVN issue, the notifications shall be reimbursed on corresponding replacement vases. The substitutes are to be made available to the health insurance companies by the data office on behalf of all providers of the pension insurance scheme.

§ 2
Completion of the forms
In the case of a notification, the following fields shall always be completed on the form as follows:

1.

"In the case of registration: address, in case of unsubscribe/annual report: amendment of the address". The address of the employee at the time of the notification.

2.

"Married: yes". An "X" is to be entered in the affirit case.

3.

" Rentner od. Pension claimant: yes ". It is an "X" to enter when a pension is received from the pension insurance or is requested.

4.

"Multi-employee: yes". It is an "X" to enter when the employee is employed by several employers.

5.

"Information on activity". It is entered in the field "A" the number 999 and in the field "B" the number 99.

6.

"operational number" means the number allocated to the employer for the holding in which the employment is carried out by the employment office. Where a number has not yet been allocated, it shall be requested without delay at the employment office responsible for the operation, and the employer shall provide the information necessary for the allocation of the operational number.

7.

" Contribution Group (s) (see Backs.) KV, RV, BA ". The contribution groups are to be encrypted in such a way that for each employee in the order: health insurance, pension insurance and the Federal Labour Office, the relevant number is to be stated.

Health insurance no contribution	0
General contribution	1
increased contribution	2
Reduced contribution	3
Contribution to the Agricultural CCP	4
Half contribution	5
Pension insurance no contribution	0
Full contribution to the ArV	1
Full contribution to the AnV	2
Half contribution to the ArV	3
Half contribution to the AnV	4
Contribution to the BA no contribution	0
Contribution	1
Half contribution	2

8.

"Name of the health insurance company (office)". The name and, where appropriate, the responsible office of the health insurance company must be entered.

9.

"Name and address of the employer (company stamp)". Instead of the full name, a shortened, comprehensible name of the company and its address can also be registered.

10.

In the case of an application, the following field shall be added: 'Start of employment'. It is the date of the start of employment to be entered. The date and month shall be indicated by two digits, the year with the last two digits; if the day or month is to be specified only with one of the digits one to nine, then a zero shall be set before this number.

11.

In the case of a logout, the following fields are to be filled: "Employed against pay". It is to be entered in the fields "to day month in the year" the end of the employment. The date and month shall be indicated by two digits, the year with the last two digits; if the day or month is to be specified only with one of the digits one to nine, then a zero shall be set before this number.

§ 3
Special features
In the case of a registration on a replacement form, § 2 shall apply with the following special features:

1.

"Name, first name (call name)". In the first line of writing, first the surname and then the first name (call name) must be entered; they are separated by a comma.

2.

"Date of birth". Date of birth must be given in the first line of writing on the right in the order of day, month, and year. The date and month shall be indicated by two digits, the year with the last two digits; if the day or month is to be specified only with one of the digits one to nine, then a zero shall be set before this number.

3.

"Insurance number". The insurance number assigned to the employee by the institution of the pension insurance scheme shall be entered in the insurance number where known.

4.

"Nationality". The key defined by the Federal Statistical Office is to be added.

If a German insurance number cannot be specified, then the insurance number must also be awarded:

5.

"nationality" means the nationality of the employee in words.

6.

"Place of Birth", birthplace of the employee.

7.

"birth name". A birth name is to be entered only if it deviates from the family name as a name.

8.

"Gender". In the appropriate field, an "X" is to be entered.

9.

"Type of insurance in statutory pension insurance". In the applicable field, an "X" is to be entered.

The data on the person employed by the employee shall be taken from official documents.

§ 4
Logout on replacement vordruck
§ § 2 and 3; if the insurance number cannot be specified, the notification shall not be refunded if the insurance number is not declared.

§ 5
Delivery of the notification by the employer
(1) The forms shall be filled in with a typewriter. The characters to be entered should be completely legible and legible on the copies as well.
(2) The first copy of the reports shall be sent by the employer of the competent sickness insurance fund. The first copy shall be handed out to the employee; the second copy shall be taken to the wage records.

§ 6
Peculiarities of the federal scarcity and the sea-health insurance
The Bundesknappschaft and the See-Krankenkasse can determine deviations from the form of notifications and their filling. In the case of employees for which the Maritime Health Insurance Fund is responsible, information on the occupational group, the vehicle group and the patent must also be made in accordance with the key register of the Maritime Health Insurance Fund; the deadline for the application is one month. The Bundesknappschaft determines the deadlines for the registration and disconnection itself. In the case of notifications to the Federal Republic of Germany, the employer's number assigned by the Bundesknappschaft (Bundesknappschaft) must be entered as an operating number in accordance with the basic agreement with the Federal Labour Office. In the case of notifications from the See-Krankenkasse, the employer number assigned in principle to the Federal Institute for Work by the Maritime Trade Association shall be entered as the operating number.

§ 7
Inventory Message
The employer has every employee who is required to pay contributions or contributions to the statutory health or pension insurance or under the employment promotion act to the competent sickness insurance fund within one month from the date of the acquisition. of the contribution to be entered by the sickness insurance fund (inventory report). § 1 sentence 4 to 6. The employer may also reimburse the employer in the form of a list. The list shall contain the following information for the employee:
1. the insurance number,
2. the name and surname,
3. the date of birth,
4. the address,
5. the start of employment,
6. the contribution groups.
If the insurance number is not known, the data for the award of the insurance number must also be included. § 3 nos. 5 to 9. The health insurance company can determine a form for the information on the list.

§ 8
Control message by Entleiher
(1) Temporary workers shall be notified within two weeks of the posting of the sickness insurance fund responsible for the overall social insurance contribution. If the temporary agency worker is not required to pay contributions or contributions to the statutory health insurance or pension insurance scheme or under the Employment Promotion Act, the notification to the health insurance company shall be reimbursed in the case of the insurance obligation in the Health insurance would be responsible if it were to be paid in an insurance-subject employment relationship. The health insurance company has to send a copy of the message to the employment office, which is responsible for the registered office of the distributor. The necessary forms must be requested from the health insurance company. The Bundesanstalt für Arbeit (Federal Labour Office) provides the health insurance companies with the forms for reporting temporary workers.

§ 9
Tasks of the sickness insurance institution
(1) The health insurance companies have to carry out a membership inventory file on the basis of the reports and to check whether the required information has been made complete and correct.
(2) In the case of all registrations without an insurance number, it must be determined whether the insurance number can be determined in the members ' inventory file. If the insurance number cannot be determined, the data for the award of an insurance number must be sent immediately to the data office in Würzburg or the Federal Insurance Office for Employees. This shall lead to the award of an insurance number or to the issuing of an SVN issue. The insurance number must be communicated to the health insurance company.
(3) The health insurance funds shall forward all incoming notifications to the competent authorities. The relevant provisions of the Second Data Collection Regulation and the Second Data Investigation Regulation shall apply in accordance with the relevant provisions for the processing, securing and forwarding of the data.

§ 10
Authorisation
The Federal Minister for Labour and Social Affairs is authorized, with the consent of the Federal Council, to limit the period of validity of § § 1 to 9 by means of a decree-law.

§ 11
Transitional arrangements
Until 31 December 1990, the area referred to in Article 3 of the Agreement may be followed by the rules applicable to the date of entry into force of the accession. Unofficial table of contents

Annex I Kap VIII F III Annex I, Chapter VIII
Area F-Social insurance (General provisions)
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

Social Security Code-Common provisions on social security-of 23 December 1976 (BGBl. 3845), as last amended by the Law of 23 March 1990 (BGBl I). 582), with the following measures:

a)

Article I (4) and (5) shall also apply in proportion to the countries referred to in Article 1 (1) of the Treaty and to the part of the Land Berlin, in which the Basic Law has not yet been applied, to the other countries, as long as different reference sizes have been included in the of social security.

b)

to (o) (no longer apply)

2.

up to 11. (no longer apply)

Unofficial table of contents

Annex I Kap VIII G II Annex I, Chapter VIII
Subject G-Health insurance, Health care
Section II

Federal law shall be amended or supplemented as follows:

1.

Social Code (Fifth Book)-statutory health insurance-Article 1 of the Law of 20 December 1988 (BGBl. 2477), as last amended by Article 12 (8) of the Law of 9 July 1990 (BGBl I). 1354), is supplemented as follows: According to Article 307, the following is added: " Twelfth chapter transfer schemes arising from the establishment of the unity of Germany § 308 Entry into force; scope (1) This book shall enter into force in accordance with the provisions of this Chapter in the territory referred to in Article 3 of the Agreement, enter into force on 1 January 1991, unless otherwise specified in the following text. Save as otherwise provided in the following provisions, sickness insurance may, in the period up to 31 December 1990, after the date of entry into force of accession in the territory referred to in Article 3 of the Agreement, be: (2) The provisions of this Chapter shall apply to insured persons who are or would be members of a sickness fund established in the territory referred to in Article 3 of the Agreement if they do not belong to another insured under the entire scope of this law. (3) The provisions of this chapter apply to the Allgemeine Ortskrankenkasse Berlin (Allgemeine Ortskrankenkasse Berlin) only to the extent that the provisions of this Code are applicable to the General Sickness Fund of Berlin, it shall extend its competence with the entry into force of this Act to the territory referred to in Article 3 of the Agreement on the entry into force of the Agreement. It shall be deemed to be the cash register in the territory referred to in Article 3 of the Agreement. § 309insured person (1) The annual employment allowance according to § 6 (1) (1) (1) is the same as the one referred to in Article 3 of the agreement. (2) Those who had been insured under the statutory health insurance scheme in the area referred to in Article 3 of the Agreement until 31 December 1990 and, by the end of 31 December 1990, were insured under the conditions laid down in Article 3 of the Agreement. the obligation to insure shall be insured, shall remain insured, without any request for voluntary insurance is required. § 310Benefits (1) In case of benefits pursuant to § 23 (4), § § 24, 40 (2), § 41 to 30 June 1991, no payments are to be made to the insurance company. . In the period from 1 July 1991 to 30 June 1992, the surcharge shall be five Deutsche Marks per calendar day. (2) As far as a treatment is carried out in accordance with § 29 to 30 June 1991, the sickness insurance fund shall reimburse the full costs. In the case of a treatment carried out between 1 July 1991 and 30 June 1992, the sickness fund shall reimburse 90 of the hundred under the conditions laid down in § 29 (1) sentence 2 for the second and each additional child 95 of the hundred. (3) The sickness insurance fund shall reimburse the insured person 80 of the hundred of the costs of the supply of dentures in accordance with § 30, if the treatment begins in the period from 1 January 1991 to 30 June 1992. Section 30 (5) shall apply only to the treatments which commend after 30 June 1992; the necessary studies for the period from 1989 to 1991 shall be deemed to have been used. As long as the associations of the sickness funds and the associations dental associations have not yet agreed on procedural arrangements, the dentist's claim against the insured person shall become due only after the insured person has received the grant in accordance with the first sentence of the (4) In the case of benefits under § 31, no additional payment shall be made until 30 June 1991. In the case of the use of these services between 1 July and 31 December 1991, the surcharge shall be 1.50 Deutsche Mark per appropriation. (5) In the case of benefits under § 32, no surcharge shall be made until 30 June 1991. In the case of the use of these services between 1 July 1991 and 30 June 1992, the surcharge shall be five of the hundreds of costs. (6) The cost of orthopaedic footwear shall not be paid by 30 June 1991 on its own account. In the period between 1 July 1991 and 30 June 1992, the proportion of its own share shall be 50 per cent of its own share, each of which shall be for these years by the sickness funds in the territory in which the fifth book is already in force before the date of action of the (7) Paragraph 36 (2) shall apply until 31 December 1993 with the proviso that the national associations of the sickness funds and the associations of the replacement funds for the aids determined in accordance with section 36 (1) rather than the fixing of the contract prices; the contract prices are maximum prices. (8) The use of hospital treatment in accordance with § 39 shall not be made until 30 June 1991 and for the period between 1 July and 31 December 1991 a surcharge of 2.50 Deutsche Mark per calendar day for a maximum of fourteen days. From 1 January 1992 to 30 June 1992, the surcharge shall be five Deutsche Marks per calendar day for a maximum of fourteen days. (9) The death allowance in accordance with § 59 shall be the death of a member 70 of the hundred of the members referred to in Article 3 of the agreement , in the case of the death of a person referred to in § 10, half of the death rate for the member in the case of the death of a person insured under § 10. For insured persons in the health insurance company, the percentage of the Vomhundrex is increased by half. However, the death allowance may not exceed the maximum amounts in force in accordance with § 59. (10) The sickness insurance fund shall take over the costs in accordance with § 60, which have been incurred up to 30 June 1991. Between 1 July 1991 and 30 June 1992, the sickness insurance fund shall be liable in the cases referred to in Article 60 (2), first sentence, in the amount of the ten Deutsche Mark per trip. (11) For the purposes of the application of § § 61 and 62 in the territory referred to in Article 3 of the Agreement, the monthly reference value and the annual employment ceiling shall be used. § 311Relations of the sickness funds to the service providers (1) § 71 shall apply with the following measures:

a)

In applying the principle of rate of contribution stability, account should be taken of the fact that, in order to finance expenditure on the territory referred to in Article 3 of the agreement, only the revenue arising from the implementation of the insurance policy shall be taken into account. may be used in the territory referred to in Article 3 of the Agreement.

b)

Up to a rule by the German legislature:

aa)

The manufacturer's dispensing price in accordance with the Medicinal Products Price Regulation of 14 November 1980 (BGBl. 2147) will be reduced by a reduction of 55% of the hundred in 1991 for medicinal products subject to pharmacies in the territory referred to in Article 3 of the Agreement on the Freezing of Products. The delivery of the medicinal products referred to in the first sentence to customers outside the territory referred to in Article 3 of the agreement shall be inadmissible.

bb)

The pharmaceutical industry and wholesale pharmaceutical companies may require their customers to use the medicinal products referred to in the double-letter (aa). The rules shall govern the parties concerned or their associations.

cc)

The amount of the abatement shall be on 1 January 1992 and 1 January 1993 by a regulation of the Federal Minister of Labour and Social Affairs, in accordance with the ratio of the contributory income in the case referred to in Article 3 of the Agreement. To reduce the area and the area in which the Fifth Book of the Social Code has already been subject to the accession of the European Union.

dd)

Point (b) shall expire at the end of 31 December 1993. (aa) of 1 July 1991 does not apply to medicinal products covered by the Regulation on non-economic medicinal products in the statutory health insurance scheme of 21 February 1990 (BGBl. 301) should not be charged to the health insurance funds.

c)

The remuneration for benefits provided in the territory in which the law has already been granted prior to accession shall be paid up to the date on which the economic conditions in the territory referred to in Article 3 of the Agreement are In accordance with the remuneration schemes provided for in the area referred to in Article 3 of the Agreement, the area of economic conditions in the territory in which the law has already been granted before accession has been adjusted in accordance with the remuneration schemes provided for in the territory referred to in Article 3 of the Agreement. Benefits shall apply. The provider shall not be obliged to treat the insured person; he may obtain from the insured the difference in the amount of the remuneration which he receives from an insured person from the territory in which the law has already been awarded prior to accession. had to ask. Sentences 1 and 2 shall not apply if:

1.

the treatment of an acute illness is unstoppable;

2.

the treatment of a disease is not possible in the area referred to in Article 3 of the agreement.

(2) In order to ensure the provision of medical care, pursuant to § 72, the local, state and voluntary health facilities in the territory referred to in Article 3 of the Einigungscontracges are administered including the facilities of the occupational health care system (polyclinics, ambulatories, etc.) by law until 31 December 1995 for the purpose of ambulatory care. The admissions committee may revoke the authorisation in accordance with the first sentence if an orderly and economic outpatient care by the institution is not possible. The admissions committee shall decide on an extension of the authorisation in accordance with the first sentence in consultation with the national authority, in particular taking into account the proportion of physicians established in free practice. (3) To the extent that this is necessary to ensure the ambulant medical care is required, the top associations of the health insurance companies and the Federal Association of Sickness Insurance Funds can jointly, until 31 December 1995, a trust company for the acquisition of the sponsorship of institutions by (2), to enable them to continue. The details are regulated between the top associations of the health insurance companies and the Federal Association of Statesmen and Health Insurance. (4) For the application of § 77, until 31 December 1995:

a)

Full members of the Association of Treasury Associations in the assigned territory are

1.

the cash doctors,

2.

the specialist or territorial doctors who are employed in the bodies referred to in paragraph 2.

b)

Special members of the Association may be authorized physicians and physicians to become a specialist in continuing training. Extraordinary members are not entitled to vote.

c)

In the institutions of the Association of Doctors ' Associations, the doctors and doctors who are employed in the bodies referred to in paragraph 2 are each half represented. The doctors referred to in point (a) (2) shall be composed of 60 of the hundreds of the medical directors of such establishments. The managers will be elected from the centre of the specialist and regional doctors working in the institution for a period of two years in direct and secret ballot. The choice shall be confirmed by the institution of the institution.

d)

Until such time as they are able to act as bodies governed by public law, the temporary casualmedical associations established under democratic rules shall, in agreement with the competent authorities, take the necessary measures to ensure that they are able to act in accordance with democratic rules. The supervisory authorities of the Länder are responsible for the tasks of cassencial associations at the latest until 30 June 1991. The Association Berlin (West) has jurisdiction over the part of the federal state of Berlin, where the Basic Law has not yet been applied.

(5) § 83 shall apply with the proviso that the associations of the health insurance companies may conclude special contracts with the authorized bodies or their associations in agreement with the cashier's medical associations. (6) In the case of the application of § 85, the following shall apply: The total remuneration of the cash doctors and the bodies referred to in paragraph 2 may be distributed in a lump-sum manner. (7) In the case of application of § 95, the requirement of the third sentence of paragraph 2 shall not apply to this provision.

a)

for physicians who, on the entry into force of this Act, have a specialist recognition in the area referred to in Article 3 of the Agreement on the integration of the specialist,

b)

for dentists who have already been employed for two years in the area referred to in Article 3 of the Agreement on Dentistry.

(8) In the case of the application of § 96, the admissions committees in the area referred to in Article 3 of the agreement shall consist of three representatives of the health insurance funds and three representatives of the doctors until 31 December 1995. The doctors ' representatives are a cash doctor, a doctor who is employed in a body referred to in paragraph 2, and an associate member of the association of doctors. (9) § 98 (2) (12) shall be held until 31 December 1995 with the proviso that: Application that the provision does not apply to the admission of physicians of the years 1941 and earlier if they had their permanent residence on 1 January 1990 in the territory referred to in Article 3 of the Agreement. (10) In addition, the establishment in free practice shall be promoted with the aim of ensuring that the Freelance doctor becomes the relevant carrier of the outpatient care. The proportion of the facilities referred to in paragraph 2 shall be reduced accordingly. This objective also serves to transform the above-mentioned facilities into Community institutions for outpatient medical care (Community practices, practice communities, etc.). (11) § § 124 and 126 shall apply with the proviso that by 31 December In 1993, the facilities referred to in paragraph 2 which provide medical and auxiliary equipment are authorised to the extent that they are economically capable of performing. After 31 December 1993, the approval of these facilities shall be governed by § § 124 and 126, in so far as an economic supply of salvation and aid by private service providers cannot be ensured. § 312Organisation of the Sickness funds (1) The Maritime Health Insurance Fund (§ 165), the Bundesknappschaft (§ 167) and the substitute funds (§ 168), whose local competence covers the entire territory in which this book has already been submitted before the date of entry into force of the accession, extend from the 1 January 1991 to its competence to the provisions of Article 3 of the agreement (2) In the case of application of § 143:

a)

For those on the 14. On 1 January 1991, a local sickness fund shall be established for each area of the territory referred to in Article 3 of the Agreement on the Territory of the Union. By means of a decree law, the provincial government can determine the local area of responsibility of the local sickness funds by way of derogation from the county limits. The responsibility of the Allgemeine Ortskrankenkasse Berlin (West) extends from 1 January 1991 to the part of the State of Berlin, in which this book has not yet been applied.

b)

The supervisory authority shall adopt a provisional statutes and shall establish the managing director in the name and on behalf of the health insurance company. It is initially set up for a limited period up to two years after the first social security elections have been carried out.

c)

With the establishment of the local sickness insurance funds, the social insurance tasks relating to sickness funds shall be applied to the local sickness funds in the area referred to in Article 3 of the agreement, unless other health insurance funds are responsible. If, before 1 January 1991, the institution of the statutory health insurance has granted an insured person a benefit of the statutory health insurance, which is not provided until after that date, the competent sickness insurance fund shall have the costs of the The date on which the insured person is insured with the insured person.

(3) In the case of the erections and seizations of occupational health insurance funds in the area referred to in Article 3 of the agreement, § 147 (1) (3) and § 148 (1) sentence 3 shall not apply if the vote required in accordance with section 148 (2) is up to 31 December 2013. It was requested from the Supervisory Authority in December 1991. The supervisory authority shall set the date for the vote within half a year of the application. (4) The employer's obligation to pay the costs in § 147 (2) shall not apply as long as the obligation laid down in the second sentence of section 241, second sentence, is: a uniform rate of contribution for Members belonging to or belonging to a sickness fund established in the territory referred to in Article 3 of the Agreement if it does not apply to another person over the whole of the territory covered by the agreement (5) § 157 (2) (3) and (1) (1) (1) Sentence 3 shall not apply in the case of the orientations and expansions of sickness insurance funds in the area referred to in Article 3 of the Agreement of Unity, if the vote required pursuant to section 158 (2) is applied to the supervisory authority by 31 December 1991 has been made. The Supervisory Authority shall set the date for the vote within half a year after the application. (6) The responsibility of the Federal Cnapphood and the Maritime Health Insurance Fund pursuant to § 182 (1) shall also apply to pensioners and to the Pension claimants, who would have been insured last with the Bundesknappschaft or the See-sickness insurance fund, if their competence extends to the territory referred to in Article 3 of the agreement before 1 January 1991 (7) For employees subject to insurance obligations, which shall be subject to the following conditions on 1 January 1991 § 183 (5), first sentence, with the proviso that the membership of the selected sickness insurance fund begins on 1 January 1991, if the right to vote was exercised by 15 January 1991 and communicated to the employer (8) In the case of application of § 202, the paying agencies of the pensions shall, by 30 June 1991, have to determine the recipients of pensions and to inform the competent sickness funds of the recipients as well as the amount of the pensions. § 313Financing (1) Up to the approximation of the economic conditions laid down in Article 3 of the In addition to the regulations provided for in Article 3 of the Agreement, the provisions of the Agreement on the level in the rest of the territory of the Federal Republic of Germany shall be subject to the provisions of Article 3 of the Agreement in their jurisdiction. Budget the revenue and expenditure for the implementation of the insurance in this area separately. This also applies to the clearance of accounts as well as to business overviews and statistics. In order to finance expenditure on the territory referred to in Article 3 of the agreement, the sickness funds may only use the revenue arising from the implementation of the insurance in that area, and a special To determine the contribution rate. The contribution rate shall be 12.8 from the hundred until 31 December 1991. This rate of contribution shall also apply to health insurance companies established in the area referred to in Article 3 of the Agreement. (2) In the application of the regulations of the contributions of § 223 (3), § 226 (2), § 232 (1), § 235 (3), § 240 (4), apply. the reference quantity fixed for the territory referred to in Article 3 of the agreement, and the ceiling for the assessment of contributions. For the application of § 234 (1), sentence 1 shall apply as from 1 January 1992. (3) By way of derogation from § 236 (1), a thirtieth of the amount, which is fixed as a monthly requirement under the Federal Education Promotion Act (Bundesausbildungsförderungsgesetz), shall be deemed to be the contributor to the contributor. (4) Application of § 241 is valid until 31 December 1991 a general contribution rate of 12.8 of the hundred. (5) For the application of § 248 (2), periods of insurance in the social security insurance of the German Democratic Republic are to be considered as a Insurance in the statutory health insurance of the Federal Republic of Germany (6) For the purposes of Article 249 (2) (1) and (3), the amount of the amount of 610 Deutsche Mark shall be replaced by an amount equal to one seventh of the territory in the territory referred to in Article 3 of the Agreement the monthly reference value, such as 610 Deutsche Mark, is one-seventh of the monthly reference value in force in the other countries according to § 18 of the Fourth Book of the Social Code, rounded up to full ten Deutsche Mark. This regulation will enter into force with the effect of accession. (7) By way of derogation from Section 250 (1) (1) and (§ 255), the sickness insurance contributions for pensioners insured by compulsory health insurance in the calendar year 1991 shall be lump-sum by the institutions of the pension insurance scheme. to the Federal Insurance Office for Employees for the Health Insurance Funds, with the exception of the agricultural health insurance funds. The flat-rate contribution amounts to 12.8 per cent of the total amount of pensions. (8) § § 247, 250 (1) no. 2 and § 256 shall enter into force on 1 January 1992. (9) § § 260 to 263 shall apply with the following measures:

a)

In 1991, the sickness funds may take up a loan for operating funds if the revenue is not sufficient to cover the expenditure incurred in the implementation of the insurance in the area referred to in Article 3 of the agreement. The operating medium loan can be received up to the amount of six months ' expenditure. The inclusion of higher loans shall be subject to the approval of the supervisory authority.

b)

§ § 261 and 262 shall not apply to health insurance funds established in the area referred to in Article 3 of the agreement until 31 December 1994. Sickness funds whose competence extends to the territory referred to in Article 3 of the Agreement shall, in the case of the formation of reserves in accordance with § § 261 and 262, have the expenditure incurred in connection with the implementation of the insurance in the Article 3 of the agreement referred to in Article 3 of the Agreement.

(10) § § 265 to 273 shall apply with the following measures:

a)

The financial compensation for complex performance cases in accordance with § 265 and the financial compensation in the case of above-average demand rates in accordance with § § 266 and 267 shall be carried out separately for the territory referred to in Article 3 of the agreement. In the case of the application of § § 265 to 267, only expenses for insured persons belonging to or belonging to a health insurance company having its registered office in the territory referred to in Article 3 of the 'Einigungscontracges' shall be taken into account if it does not apply to a health insurance company. other health insurance scheme extending over the entire scope of this law.

b)

The financial compensation in the sickness insurance of the pensioners in accordance with § § 268 to 273 shall be carried out separately for the pensioners liable for insurance, who are members of a sickness fund with a registered office in the territory referred to in Article 3 of the Agreement on the or would be members if they were not insured with another health insurance scheme extending over the entire scope of this law.

§ 314BußMonetary regulations § 306 sentence 1 no. 5 is to be applied until the entry into force of § § 28a to 28r of the Fourth Book in the following version:

" 5.

Breaches of the provisions relating to the obligation to pay social security contributions. '

2.

Hospital Finance Act as amended by the Notice of 23 December 1985 (BGBl. 33), as last amended by Article 22 of the Law of 20 December 1988 (BGBl I, p. 2477),

a)

The 4. Section shall be as follows: " 4. Section transfer provisions arising from the manufacture of the unit of Germany § 21 (1) This Act is in the territory referred to in Article 3 of the Unification Treaty, with the exception of the provisions referred to in paragraph 2, as from 1 January 1991. , The same applies to the legal regulations adopted pursuant to this Act, in so far as nothing else is determined in Annex I, Chapter VIII, Section III (5) and (6) of the Agreement on the integration of the goods. Until 31 December 1990, the hospital financing law applicable until the date of entry into force of the accession in the German Democratic Republic shall apply. (2) § § 9 and 17 (5) sentence 1 shall occur in the case referred to in Article 3 of the agreement Area in force on 1 January 1994. Until 31 December 1993, § § 22 to 26. § 22 Individual funding (1) The Länder shall grant support to the Länder at the request of the hospital carrier.

1.

for the construction (new construction, refurbishment, extension, conversion) of hospitals, including the initial equipment with the equipment necessary for the hospital operation,

2.

for start-up costs, for conversion costs for intra-company changes and for the acquisition, development, rental and lease of land, if without the support the admission or promotion of the hospital operation would be at risk,

3.

to the detriment of loans which have been included in the hospital plan for eligible investments prior to the hospital's admission,

4.

as compensation for the use of fixed assets, in so far as they were procured with the own resources of the hospital carrier and were present at the beginning of the promotion under this law,

5.

to facilitate the closure of hospitals,

6.

for the conversion of hospitals or hospital departments to other tasks, in particular to their conversion to care facilities or independent, organisational and economically separate care departments.

The support may, with the consent of the hospital carrier, be made in whole or in part by a fixed amount, which may also be determined on the basis of flat-rate cost values. (2) The funding shall be calculated so as to enable the eligible and under § 23-flat-rate support (1) By means of fixed annual amounts (annual rates), at the request of the hospital carrier of the institution of the Countries encouraged

1.

the maintenance and repair of the hospital's assets;

2.

the re-creation, completion, use and shared use of fixed assets with an average useful life of more than three years,

3.

small construction measures in accordance with § 22 (1) sentence 1 No. 1, if the cost of the individual project does not exceed 100,000 marks without VAT.

The person responsible for the hospital may use the annual fee for the purpose of earmarking the funds in accordance with the first sentence. To the extent that it intends to finance the acquisition, use or co-use of large-scale medical-technical equipment, this requires the prior consent of the competent state authorities; § 10 shall remain unaffected. (2) The funds referred to in paragraph 1 shall be Per year for each hospital bed recognised as eligible and necessary according to § 8 (1) (1) (planbed) at hospitals

1.	basic services (local and municipal hospitals)	8,000 DM,
2.	The regular supply (district hospitals and chalk hospitals with extended tasks)	10,000 DM,
3.	the priority supply (county hospitals)	15,000 DM,
4.	the central supply (specialist hospitals)	15,000 DM.

By way of derogation from the first sentence, a different amount may be fixed, in so far as this is due to the state of construction or equipment or to the maintenance of the hospital's performance, taking into account the tasks assigned to it in the hospital plan is necessary or sufficient; section 22 (2) shall apply accordingly. The flat-rate amounts must be adjusted at regular intervals to development. (3) Non-profit and private hospitals shall be approved by the competent State authority, at the request of their institutions, for the purposes of this provision in accordance with their To assign the task to a hospital group in accordance with the first sentence of paragraph 2. § 24Preliminary hospital list (1) Insofar as and until after the entry into force of this law in a country a hospital plan or an investment program according to § 6 not yet , the Commission shall, in the case of the application of Article 8, establish the (2) In the provisional list of hospitals, all public, voluntary, non-profit-making bodies shall be placed in the provisional list of hospitals at the request of their institutions. private and other hospitals, which were in operation on 30 June 1990, to the extent that they are required for a sufficient inpatient care of the population. (3) With the regional associations of the health insurance companies, the associations of the Spare cash registers, the Land Committee of the Association of Private Health Insurance and with the Landeskrankenhausgesellschaft or the associations of hospital-holders in the country are to strive together in the preparation of the hospital promotion list of consensual regulations. The hospital concerned is to be heard. § 25Non-funded hospitalshospitals, whose investment costs are not publicly funded, are not received by the social security institutions and other public service providers. Nursing kits as comparable subsidised hospitals in the area referred to in Article 3 of the Einigungscontracges. § 26Preventative or Rehabilitation Facilities (1) § § 22 and 23 shall apply accordingly for pre-care or rehabilitation facilities in the territory referred to in Article 3 of the Agreement, the territory of which is 30. June 1990, in so far as they were in favour of efficient and economical provision of care for the population with stationary or partially inpatient medical services for the prevention or rehabilitation, including the treatment of connection therapy (2) The annual expenses referred to in § 23 shall be calculated in accordance with Section 22 (2) without tying up the number of beds according to the supply contract and the state of construction and equipment of the individual institution. (3) The provisions referred to in paragraph 1 of this Article shall be Eligible pre-care or rehabilitation facilities will be available on request in agreement with the national associations of the health insurance companies and the associations of the substitute funds, and in consultation with the Association of German Pension Insurance Institutions (Verband Deutscher Rentenversichercarriers) in a promotional list; § 8 (1) Sentence 2 and 3 shall apply accordingly. "

b)

Before § 27 the section heading " 5. Section Other Rules ".

3.

Federal ordinance of 21 August 1985 (BGBl. 1666), as last amended by the Regulation of 21 November 1989 (BGBl I). 2043),

a)

In accordance with § 19, the following § 19a is added: " § 19aOverflow regulations arising from the establishment of the German unit (1) The health insurance funds concerned as contracting parties agree in the first half of 1991 with the institutions of the individual hospitals in the area referred to in Article 3 of the agreement, hospital budgets and maintenance records in accordance with § 16 for the period from 1 January 1991 to 31 December 1991 at the latest. In place of the proof of cost and performance in accordance with the model of Appendixes 1 and 2 of this Regulation, the Contracting Parties may use a simplified cost and performance certificate for the maintenance of the maintenance and maintenance negotiations taking place in 1991, which shall: (2) If a maintenance agreement is not reached by 31 May 1991, the arbitration body referred to in § 18a of the Hospital Finance Act shall decide upon request by a The Contracting Party shall immediately inform the Contracting Party of the items on which agreement is not could be. To the extent that an arbitration body has not yet been established on 30 May 1991 in a country referred to in Article 3 of the Agreement, the competent State authority shall decide. (3) As long as in 1991 maintenance rates have not yet been legally agreed or fixed , hospitals receive monthly instalments from the health insurance funds at the level of the budget allowance paid to them by the German Democratic Republic ' s health insurance scheme in December 1990. In the event of disagreement on the amount of the budget part and its distribution among the health insurance funds subject to payment, paragraph 2 shall apply mutagenic to the provisions of paragraph 2. "

b)

Article 13 (1), second sentence, No. 5 must be applied with the proviso that it shall enter into force on 1 January 1994 in the territory referred to in Article 3 of the Agreement on the integration of the Community.

4.

The Second Book of the Reich Insurance Order in the revised version published in the Bundesgesetzblatt, Part III, outline number 820-1, as last amended by Article 9 of the Law of 26 June 1990 (BGBl. 1211), shall enter into force on 1 January 1991.

5.

The Law on the Further Development of the Law of the statutory health insurance of 10 August 1972 (BGBl. 1433), as amended by Article 6 of the Law of 20 December 1988 (BGBl I). I p. 2477, 2555), enters into force on 1 January 1991.

Unofficial table of contents

Annex I Kap VIII G III Annex I, Chapter VIII
Subject G-Health insurance, Health care
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

and 2. (no longer apply)

3.

Admission Regulation for Cash Dentists in the revised version published in the Federal Law Gazette, Part III, outline number 8230-26, as last amended by Article 19 of the Law of 20 December 1988 (BGBl. 2477), with the following measures: § § 3, 25, 31 (9) and § 34 shall apply with the following measures:

a)

For dentists who already have two years of dental practice on the entry into force of this law in the territory referred to in Article 3 of the Treaty, the requirement of Section 3 (2) (b) does not apply.

b)

and c) (no longer apply)

4.

up to 11. (no longer apply)

Unofficial table of contents

Annex I Kap VIII H I Annex I, Chapter VIII
Area H-statutory pension insurance
Section I

(Found in Annex I of the EinigVtr-BGBl. II 1990, 1020-1070) From the date of entry into force of the federal law pursuant to Article 8 of the Treaty, the following shall be excluded:

1.

Fourth book of the Reich Insurance Order in the revised version published in the Federal Law Gazette, Part III, outline number 820-1, as last amended by Article 6 of the Law of 18 December 1989 (BGBl. I p. 2261; 1990 I p. 1337),

2.

First to 21. Surveying Ordinance-FundstellenProof A, Bundesrecht, outline number 820-1-1-1 to 5, 8232-37-6 to 21,

3.

Employee Insurance Act, in the adjusted version published in the Federal Law Gazette, Part III, No. 821-1, as last amended in accordance with Article 85 by Article 7 of the Law of 18 December 1989 (BGBl. I p. 2261; 1990 I p. 1337),

4.

Employee insurance law in the revised version published in the Federal Law Gazette, Part III, No. 821-2, as last amended by Section 1 (6) of the Law of 22 December 1989 (BGBl. 2406),

5.

Law on the Law of the Federal Republic of Germany in the revised version published in the Bundesgesetzblatt, Part III, outline number 822-1, as last amended in accordance with Article 85 by Article 9 of the Law of 18 December 1989 (BGBl. I p. 2261; 1990 I p. 1337),

6.

Hauelaboration Regulation in the revised version published in the Bundesgesetzblatt, Part III, Outline No. 822-1-1,

7.

Equating Regulation of 24 May 1968 (BGBl. 557),

8.

New Law on the Law of the Scarcity Pension Insurance in the revised version published in the Federal Law Gazette, Part III, No. 822-8, as last amended by Section 1 (7) of the Law of 22 December 1989 (BGBl. 2406),

9.

Workers ' pension insurance law in the revised version published in the Federal Law Gazette III, section No. 8232-4, as last amended by § 1 para. 5 of the Law of 22 December 1989 (BGBl. 2406),

10.

Pension insurance-fame regulations-Regulation in the adjusted version published in the Federal Law Gazette, Part III, outline number 8232-4-1, as amended by the Ordinance of 29 July 1981 (BGBl. 740),

11.

Regulation on the procedure for the application of § 1255 of the Reich Insurance Code and Section 32 of the Federal Insurance Act in the adjusted version published in the Bundesgesetzblatt (Part III), outline number 8232-5, last amended by the Regulation of 18 December 1970 (BGBl. 1737),

12.

First and seventh regulation on changes in the reference quantities for the calculation of pensions in the pension insurance of workers and employees, as well as in the pension insurance scheme of the pension scheme in the Bundesgesetzblatt (Federal Law Gazing), Part III, Breakdown number 8232-7-1 to 7, published revised version,

13.

Eighth to thirteenth Regulation on changes in the reference quantities for the calculation of pensions in the pension insurance of workers and employees, and in the pension insurance scheme, the RV reference size regulations 1971 to 1984 , as well as the social security reference size regulations 1985 to 1990, proof of reference A, federal law, outline numbers 8232-7-8 to 33,

14.

Regulation on the calculation of the capital value in the case of severance in accordance with § 1295 of the Reich Insurance Code and in accordance with § 72 of the Federal Insurance Act in the revised version published in the Bundesgesetzblatt (Part III), outline number 8232-9 version,

15.

First up to Sixth Pension Adjustment Act in the revised version published in the Bundesgesetzblatt Part III, outline numbers 8232-10-1 to 8232-10-6,

16.

Seventies to 21. Pension adjustment law as well as the pension adjustment laws 1982 to 1990, reference point A, federal law, outline numbers 8232-10-7 to 8232-10-30,

17.

Law of foreign law in the revised version published in the Bundesgesetzblatt, Part III, outline number 824-2, as last amended in accordance with Article 85 by Article 15 of the Law of 18 December 1989 (BGBl. 2261; 1990 p. 1337),

18.

Regulation on the recognition of social security systems and institutions as statutory pension insurance in the adjusted version published in the Bundesgesetzblatt, Part III, outline number 824-2-1, as last amended by Regulation of 10 April 1978 (BGBl. 470),

19.

Foreign and Foreign Law Reregulation Act in the revised version published in the Bundesgesetzblatt, Part III, outline number 824-3, as last amended by Article 4 of the Law of 18 May 1990 (BGBl. 986),

20.

Artisanal Insurance Act in the revised version published in the Federal Law Gazette, Part III, outline number 8250-1, as last amended by Article 12 of the Law of 20 December 1988 (BGBl. 2477),

21.

GAL-Contribution Regulations-FundstellenProof A, Bundesrecht, outline numbers 8251-1-1-1 to -11,

22.

Law amending the Act on Retirement Assistance for Farmers in the revised version published in the Federal Law Gazette III, No. 8251-3, as last amended by Article 3 of the Law of 29 July 1969 (BGBl. 1017),

23.

Law on the expiry of the time limits in social and unemployment insurance, which are inhibited by the rules of war, in the revised version published in the Bundesgesetzblatt (Part III), outline number 826-1,

24.

Impact law in the revised version published in the Bundesgesetzblatt (Part III), outline number 826-13,

25.

Regulation on the payment of pensions to foreign countries in the revised version published in the Bundesgesetzblatt (Part III), outline number 826-16,

26.

Regulation for the implementation of Article 6 (21) of the Foreign and International Law on New Law in the revised version published in the Bundesgesetzblatt (Part III), outline number 826-17,

27.

Re-insurance regulation in the revised version published in the Bundesgesetzblatt (Part III), outline number 826-18,

28.

Pension Insurance Amendment Act of 9 June 1965 (BGBl. 476),

29.

Second Pension Insurance Amendment Act of 23 December 1966 (BGBl. 745),

30.

Regulation on the granting of pension rights to insured persons of the statutory pension insurance of 22 December 1975 (BGBl. 3184),

31.

Second Regulation on the granting of pension rights to insured persons of the statutory pension insurance scheme of 5 August 1977 (BGBl. 1486),

32.

Children's Education Act Decree of 2 January 1986 (BGBl. 31),

33.

Children's Education Performance Decree of 18 December 1987 (BGBl. 2814),

34.

Pension reform law of 16. October 1972 (BGBl. I p. 1965), as last amended by Article 25 of the Law of 18 December 1989 (BGBl. 2261; 1990 p. 1337),

35.

RV-Contribution Regulation of 21 June 1976 (BGBl. 1667), as last amended by the Regulation of 16 July 1986 (BGBl I, p. 1060),

36.

Law to strengthen the financial foundations of the statutory pension insurance scheme of 16 May 1985 (BGBl. 766),

37.

Law on Ageing for farmers in the version of the Notice of 14 September 1965 (BGBl. 1448), as last amended by Article 2 of the Law of 28 May 1990 (BGBl I). 986),

38.

Article 2 of the Law for the Reregulation of Retirement Assistance for Farmers, as amended by the Notice of 14 September 1965 (BGBl. 1448, 1458), as last amended by Article 2 of the Law of 20 December 1985 (BGBl I). 2475),

39.

Third Law amending and supplementing the Law on Ageing Assistance for Farmers of 13 August 1969 (BGBl. 801), as amended by Article 3 of the Law of 29 July 1969 (BGBl I). 1017),

40.

Fourth Law amending and supplementing the Law on Ageing Aid for Farmers of 29 July 1969 (BGBl. 1017),

41.

Sixth Act amending and supplementing the Law on Ageing Aid for Farmers of 26 July 1972 (BGBl. 1293),

42.

Seventh Amendment Act GAL of 19 December 1973 (BGBl. 1937),

43.

Law on the trader's property of agricultural and forestry farmers and the countervailing claim of the commercial representative of 13 May 1976 (BGBl. 1197),

44.

GAL-Contribution grant regulation of 21 May 1986 (BGBl. 750),

45.

Law on the promotion of the cessation of agricultural activity of 21 February 1989 (BGBl. 233), as amended by Article 77 of the Law of 18 December 1989 (BGBl I). I p. 2261; 1990 I p. 1337),

46.

Setaside Regulation of 14 June 1989 (BGBl. 1095),

47.

Articles 23 and 24 of the Law on the Treaty of 18 May 1990 on the creation of a Monetary, Economic and Social Union between the Federal Republic of Germany and the German Democratic Republic of 25 June 1990 (BGBl. II p. 517)

Footnote

Sect. 45 (italic printing): G occurs in the area referred to in Article 3 of the agreement. Art. 46 No. 1 G v. 29.7.1994 I 1890 mWv 1.1.1995 in force
Sect. I n ° 46 (italic pressure): V shall enter into the territory referred to in Article 3 of the agreement. Art. 46 N ° 2 G v. 29.7.1994 I 1890 mWv 1.1.1995 in force Unofficial table of contents

Annex I Kap VIII H II Annex I, Chapter VIII
Area H-statutory pension insurance
Section II

Federal law is supplemented as follows:

1.

For the purpose of carrying out the insurance in the territory referred to in Article 3 of the agreement, the following special provisions shall apply from 1 January 1991:

§ 1

The expenditure of the transfer institution for the pension insurance institutions of the workers and the employees shall be paid by the latter in accordance with the ratio of their contribution income to the implementation of the insurance in the form referred to in Article 3 of the agreement shall be carried out. The expenditure incurred by the pension insurance scheme is borne by the Bundesknappschaft.

§ 2

In the budget of the Federal Insurance Office for employees, the Bundesknappschaft, the Bundesbahn-Versicherungsanstalt, the Seekasse and the Landesversicherungsanstalt Berlin, the revenues and expenses for the implementation of the insurance in the in the Article 3 of the agreement shall be referred separately to the territory referred to in Article 3. This also applies to the clearance of accounts as well as to business overviews and statistics.

§ 3

Expenditure relating to rehabilitation services shall not exceed five per cent of the pension expenditure incurred in the territory referred to in Article 3 of the agreement.

§ 4

The Federal Government reimburses the expenses incurred by the pension insurance institutions in 1991 for the care allowance, the blind money and the special care allowance. In addition, the Federal Government reimburses the expenses incurred by the institutions of the pension insurance for war damage pensions, social surcharges and for the payment of additional special benefits. The Federal Government shall also reimburse the institutions of the pension insurance for the expenses incurred in the amount of the child allowance for the payment of child surcharges, in so far as the child allowance is not paid in addition to the surcharge of the child; a flat-rate refund may be provided for this. shall be provided. The Federal Minister for Labour and Social Affairs is authorized, in agreement with the Federal Minister of Finance, to determine, with the consent of the Federal Council, the details of the reimbursements by means of a regulation with the consent of the Federal Council.

§ 5

For the purpose of financing expenditure incurred by the sickness insurance scheme of the workers and of the employees covered by the territory referred to in Article 3 of the Agreement, only the revenue arising from the implementation of the insurance undertaking in the territory of the Member State in which the insurance is carried out shall be subject to the following conditions: Article 3 of the agreement shall be used. In 1991, the Federal Government provides grants of 19.8 of the hundred of the pension expenditure. In the following years, the subsidies will change in such a way that their ratio to the pension expenditure corresponds to the ratio in which the other pension expenditure of the pension insurance of the workers and the employees, including the pension insurance, is equal to the pension expenditure. Expenses arising from the provision of childcare services for mothers of the birth cohorts prior to 1921 to be provided by federal grants for these expenses.

§ 6

The sickness insurance institution of the workers and the employees shall bear the expenditure incurred in carrying out the insurance in the territory referred to in Article 3 of the Agreement on the basis of the ratio of their contribution income which they have incurred. together (financial association).

§ 7

The Federal Government provides non-interest-bearing operating funds for the benefit of the pension insurance of the employees and employees of the employees in the provisions of Article 3 of the Unification Treaty by the budgetary regulation. shall be ensured.

§ 8

The Federal Insurance Office distributes the amounts in accordance with § § 1, 4, 5, 6 and 7 according to the premium income, sets the advances and carries out the settlement. In the case of payment of current cash benefits in the territory referred to in Article 3 of the agreement by the Deutsche Bundespost, the Federal Insurance Office shall be responsible for the determination of advances. The holders of the pension insurance shall pay the amounts to be reimbured within two weeks of receipt of the payment request.

§ 9

Until 31 December 1990, the area referred to in Article 3 of the Agreement may be followed by the rules applicable to the date of entry into force of the accession.

2.

Regulation on the award and composition of the insurance number of 7 December 1987 (BGBl. 2532),

a)

Appendix 1 shall be amended as follows:

aa)

Before the words "LVA Hannover 10" the following words are inserted:

" LVA Mecklenburg-Vorpommern	02
LVA Thüringen	03
LVA Brandenburg	04
LVA Sachsen-Anhalt	08
LVA Sachsen	09 ".

bb)

The words "Berlin, Bremen," are replaced by the words "Land Berlin, Bremen".

cc)

After the area number "82", the words "Mecklenburg-Vorpommern, Brandenburg, Sachsen-Anhalt, Thüringen, Sachsen" as well as the area number "89" are inserted.

b)

The federal direct institutions of the pension insurance scheme, the Landesversicherungsanstalt Berlin (Landesversicherungsanstalt Berlin) and the institution of the social insurance scheme as the institution of the pension insurance scheme can already be awarded the insurance number in 1990, using the for the area referred to in Article 3 of the agreement.

3.

According to Article 12 of Article 2 of the Law for the Reregulation of Retirement Assistance for Farmers, as amended by the Notice of 14 September 1965 (BGBl. 1448, 1458), as last amended by Article 2 of the Law of 20 December 1985 (BGBl I). I p. 2475), shall be inserted:

" § 12a

With the implementation of the Act on Ageing Assistance for Farmers in the part of the Land of Berlin, in which the Basic Law has been applied before accession, the Agricultural Retirement Fund remains responsible for the implementation of the law until such time as it is otherwise regulated. the Hannoversche Landeconomically Berufsgenossenschaft is built. "

Unofficial table of contents

Annex I Kap VIII H III Annex I, Chapter VIII
Area H-statutory pension insurance
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

Pension Reform Act 1992 of 18 December 1989 (BGBl. I p. 2261; 1990 I p. 1337), as amended by the Law of 22 December 1989 (BGBl. 2406), with the following measures:

a)

Article 85 (2) to (6) shall not apply.

b)

and c) (no longer apply)

d)

The following provisions of Article 1 shall enter into force on 1 January 1991 with the following measures: ... § § § ..., 31 para. 1 ... Sentence 2, para. 2, sentence 1 and para. 3, § § § ..., 235 and 301 (1):

aa)

(former sentence 1 no longer apply)

The transitional allowance shall be paid in the amount of the sickness allowance if the sickness benefit has been received previously. The transitional allowance shall be increased by 31 December 1991 after the end of the assessment period at intervals of time and by the percentage of the total amount of the allowance. pensions in the territory referred to in Article 3 of the Treaty.

(no longer apply earlier sentence 4)

bb)

Until 31 December 1990, the territory referred to in Article 3 of the Treaty may be followed in accordance with the rules applicable to the date of entry into force of the accession.

e)

(no longer apply)

f)

In the territory referred to in Article 3 of the Treaty, Article 1 (125) to (145) shall apply from 1 January 1991 with the following measures:

aa)

(no longer apply)

bb)

The responsibility of the Federal Insurance Office for employees, the Bundesknappschaft, the Bundesbahn-Versicherungsanstalt and the Seekasse shall apply from 1 January 1991 to the territory referred to in Article 3 of the Treaty. The responsibility of the Bundesbahn-Versicherungsanstalt also includes insured persons who are employed as workers at the Deutsche Reichsbahn; employees of the Bundesbahn-Versicherungsanstalt can also be employees of the Deutsche Reichsbahn (German Reichsbahn). The responsibility of the Landesversicherungsanstalt Berlin (Landesversicherungsanstalt Berlin) extends from 1 January 1991 to the part of the Land of Berlin, in which the Basic Law does not apply until now. The responsibility of the Federal Cnapphood also extends to employees who are 31 December 1990 shall be regarded as employed in mining establishments or equivalent to those employed as long as they are employed and provided that they are subject to the contribution rate of the persons insured in the mining sector.

cc)

(no longer apply)

g)

to (i) (no longer apply)

2.

Tarifordnung für die deutschen Theater vom 27. October 1937 (Reichsworksheet VI, p. 1080), including the statutes of the utility institution of the German stage, with the following measures:

a)

The rules shall apply from 1 January 1991.

b)

It can only be justified for periods after 31 December 1990.

c)

The composition of the Management Board must take due account of the extension of the scope of the Management Board.

d)

Non-contributory benefits shall be granted only in proportion to the reference quantity in force in the territory referred to in Article 3 of the Treaty to the reference quantity in force in the other countries in accordance with § 18 of the Fourth Book of Social Code The statutes may be subject to a derogation.

3.

§ § 1 and 20 of the Tarifordnung für die deutschen Kulturorchester vom 30. März 1938 (Reichsworksheet VI p. 597), as amended by Tarifordnung of 1 August 1939 (Reichsworksheet VI, p. 1345), including the statutes of the utility institution of the German Cultural Orchestra with the measures referred to in point 2.

4.

up to 9. (no longer apply)

Unofficial table of contents

Annex I Kap VIII I I Annex I, Chapter VIII
Area I-Legal accident insurance
Section I

The entry into force of the federal law referred to in Article 8 of the Treaty shall be exempt from:

1.

Law on the provisional re-regulation of cash benefits in the statutory accident insurance in the revised version published in the Bundesgesetzblatt Part III, outline number 8231-12,

2.

Second Act on the provisional new regulation of cash benefits in the statutory accident insurance in the revised version published in the Bundesgesetzblatt Part III, outline number 8231-14,

3.

Accident Insurance Adjustment Ordinance of 16 November 1979 (BGBl. I p. 1942),

4.

Accident Insurance Adjustment Regulation 1981 of 27. October 1980 (BGBl. 2032),

5.

Accident Insurance Adjustment Regulation 1983 of 3 May 1983 (BGBl. 546).

Unofficial table of contents

Annex I Kap VIII I III Annex I, Chapter VIII
Area I-Legal accident insurance
Section III

(No longer to be applied) (Section III No 1 to 7) Unofficial table of contents

Annex I Kap VIII K I Annex I, Chapter VIII
Subject K-Social compensation law and rehabilitation
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

Article 2 of the Fifth Adaptation Act of 18 December 1973 (BGBl. I p. 1909), as last amended by Article 2 of the Law of 11 December 1975 (BGBl. 3031),

2.

Article 2 (2) (3) of the Law on the Improvement of the Budgetary Structure within the scope of the Labour Promotion Act and the Federal Supply Act of 18 December 1975 (BGBl. 3113),

3.

Accounting Regulation 1990/91 of 30 June 1990 (BGBl. I p. 1316).

Unofficial table of contents

Annex I Kap VIII K II Annex I, Chapter VIII
Subject K-Social compensation law and rehabilitation
Section II

Federal law is supplemented as follows:
Federal Supply Act, as amended by the Notice of 22 January 1982 (BGBl. 21), as last amended by Article 1 of the Law of 26 June 1990 (BGBl I). 1211)
The following is inserted after section 84:

" § 84a

Persons entitled to reside or habitually resident in the territory referred to in Article 3 of the Agreement on 18 May 1990 shall be entitled from the date of transfer of residence or habitual residence, at the earliest from 1 January 1990. In 1991, supply under the Federal Law of Supply, with the measures applicable to this area under the agreement, even if they relocate their residence or habitual residence to the territory in which this law already applies before accession golten. The first sentence is valid for German and German people from the states referred to in § 1 of the German Overseas Supply Regulation which, after 18 May 1990, are domicated or habitually resident in the same as in Article 3 of the Agreement on the Law of the German Federal Government shall be justified. " Unofficial table of contents

Annex I Kap VIII K III Annex I, Chapter VIII
Subject K-Social compensation law and rehabilitation
Section III

(No longer to be applied) (Section III No 1 to 21) Unofficial table of contents

Annex I Kap VIII L III Annex I, Chapter VIII
Area L-Promotion of wealth formation
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

(no longer apply)

2.

Regulation on the implementation of the Fifth Property Education Act of 23 November 2008 October 1987 (BGBl. 2327), with the following proviso: the Regulation shall apply from 1 January 1991.

Unofficial table of contents

Annex I Kap IX Annex I, Chapter IX
Division of the Federal Minister of Defence

(Found in Annex I of the EinigVtr-BGBl. II 1990, 1071) (see Chapter XIX-Law of the Civil Service, including the Law of the Soldiers) Unofficial table of contents

Annex I Kap X Annex I, Chapter X
Division of the Federal Minister for Youth, Family, Women and Health

(Found in Annex I of the EinigVtr-BGBl. II 1990, 1072-1097) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification of Annex I Cape X)-All documents relating to Chapter X of Annex I shall be issued,

b)

subject-related (e.g. B. Unification of Annex I Cape X h)-All documents relating to the subject area H of Chapter X of Annex I shall be issued,

c)

section-related (e.g. B. Unification of Annex I Cape X h III)-The document shall be issued in section III of Section III of Chapter X of Annex I,

Unofficial table of contents

Annex I Kap X A III Annex I, Chapter X
Objective A-Women's policy
Section III

(section III no longer applicable) Unofficial table of contents

Annex I Kap X B III Annex I, Chapter X
Area B-Youth
Section III

(No longer to be applied) (Section III, No 1 and 2) Unofficial table of contents

Annex I Kap X C II Annex I, Chapter X
Area C-Civil service
Section II

Federal law is supplemented as follows:
According to § 51 of the Civil Service Act, as amended by the Notice of 31 July 1986 (BGBl. 1205), as last amended by Article 5 of the Law of 26 June 1990 (BGBl I). 1211, 1216), the following new § 51a is inserted:
" § 51a
Transfer arrangements resulting from the establishment of Germany's unity
The Federal Government is empowered to determine, with the consent of the Federal Council for the Civil Service Damage of Service-Duty Transitional Arrangements, the special conditions set out in Article 3 of the Code of Law. The provisions of the Agreement shall be taken into account. The authorisation for a regulation shall apply, in particular, to the type, calculation basis, level of benefits and the rules on rest, by way of derogation from this law. " Unofficial table of contents

Annex I Kap X C III Annex I, Chapter X
Area C-Civil service
Section III

(No longer to be applied) (Section III, No 1 and 2) Unofficial table of contents

Annex I Kap X D I Annex I, Chapter X
Area D-Health policy
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be excluded:

1.

Reichsärztekammer-Abwinding Law of 9. October 1973 (BGBl. I p. 1449)

Unofficial table of contents

Annex I Kap X D II Annex I, Chapter X
Area D-Health policy
Section II

Federal law shall be repealed, amended or supplemented as follows:

1.

Federal Medical Order in the version of the Notice of 16 April 1987 (BGBl. 1218), as amended by Article 45 of the Law of 20 December 1988 (BGBl I). 2477),

a)

§ 3 is amended as follows:

aa)

In paragraph 1, sentence 5 shall be deleted.

bb)

The second sentence of the second sentence of paragraph 2 and the third sentence of paragraph 3 shall be replaced by the following: "Paragraph 1, second sentence, shall remain unaffected."

b)

Section 4 (4) is amended as follows:

aa)

In the first sentence, the words 'in the hospital, in the practice of a practised doctor, in a medical centre or similar institution of the Bundeswehr or in a law enforcement institution with a full-time attorney' shall be replaced by the words ' " in the hospital, in the practice of a registered doctor or other institution of the outpatient medical care, in a medical centre or similar establishment of the medical service of the armed forces or equivalent Institutions of police or in a correctfacility with full-time old-time doctor ".

bb)

In sentence 3, the words "the Bundeswehr" are deleted.

c)

Section 5 (1) is amended as follows:

aa)

Sentence 1 shall be replaced by the following: " The Approbation shall be withdrawn if, in its grant, one of the conditions set out in § 3 (1), first sentence, No. 4 or 5 has not been fulfilled, or in the case of an Approbation granted prior to the date of entry into effect of the accession, the a training institution in the area referred to in Article 3 of the agreement on the integration contract, or which was not completed in a case of § 14 (1) sentence 2 or in a case of § 14a (4) sentence 1, or the training pursuant to § 3 (3) (1) (1) (1) (1) of the German law. 1 sentence 2 or § 3 para. 2 or 3 or the training to be followed in accordance with § 14b was not completed. "

bb)

In sentence 3, the words "§ 3 (1) sentence 5, para. 2 or 3" are replaced by the claim "§ 3 para. 2 or 3".

d)

§ 12 is amended as follows:

aa)

The following sentences 2 and 3 shall be added to paragraph 1: " In the cases referred to in Article 14 (3), second sentence, it shall be issued by the competent authority of the country in whose territory the competent authority has its registered office, from which the applicant is based, in accordance with the provisions of the German Democratic Republic has been granted Approbation. In the cases of § 14a (4) sentence 1 to 3, the Approbation shall be issued by the competent authority of the country in which the applicant has successfully completed his medical studies. "

bb)

Paragraph 2 shall be replaced by the following: " (2) The decisions pursuant to § 10 (4) and § 10 (4) in conjunction with Section 14a (4) sentence 3 shall be taken by the competent authority of the country in which the applicant has passed the medical examination or the medical examination shall be submitted to the competent authority. § 14a (4) sentence 1 has been completed. The decisions pursuant to Section 14 (4) sentence 4 shall apply to the competent authority of the country in which the applicant has completed his training. "

cc)

Paragraph 3 is replaced by the following: " (3) The decisions pursuant to § 3 (1) sentence 1 in conjunction with sentence 2, para. 2 or 3, in accordance with § 10 para. 1, 2, 3 and 5, § 14 para. 2 sentence 2, § 14 para. 4 sentence 6 as well as § 14b shall apply to the competent authority of the country in which the is to be exercised by a medical profession. "

dd)

In paragraph 7, the words "or 5" shall be deleted.

e)

Section 13 gives the following heading: "VII Criminal and Penal Rules"

f)

In accordance with § 13, the following new § 13a is inserted: "§ 13a (1) Administrative offences act, who, contrary to § 14 (4) sentence 1, leads the professional title" physician "or" doctor " without addition. (2) The administrative offence can be with a fine of up to five thousand Germans. Mark will be punished. "

g)

§ 14 shall be replaced by the following: " § 14 (1) An Approbation or Bestallung, which entitles the holder to exercise the profession of medical profession upon entry into effect of the accession to the present application, shall be deemed to be an Approbation within the meaning of this Act. Without prejudice to the provisions of paragraph 4, the same shall apply in respect of an approval which, on the day before the date on which the contract becomes effective, entitles the person referred to in Article 3 of the Agreement to the exercise of the medical profession, in so far as it does not: 1 July 1988, and not by an order in force at that date in accordance with Section 15 of the Doctors Approbation Order of 13 January 1977 (GBl. 30), as amended by Regulation No 2 of 24 August 1981 (GBl). No 29 p. 346). The right to continue to lead a name given in connection with the recognition as a specialist by the holder of a licence referred to in the second sentence, which shall, on the day before the date of entry into force of accession, be such a name in the name given in The territory referred to in Article 3 of the Agreement shall be governed by the law of the country. (2) One of the territories referred to in Article 3 of the Unification Treaty, which was issued before 1 July 1988, shall be held on the day before the date of entry into force of the accession to the territory of the Member State concerned. medical profession, but by means of an arrangement in force at that point in time According to § 15 of the Approbationsordnung für Ärzte of 13 January 1977 (GBl. 30), as amended by Regulation No 2 of 24 August 1981 (GBl). I n ° 29 p. 346) Limited Approbation as a doctor is valid as a permission in accordance with § 10 para. 1 of this law. Upon request, the holder of such an Approbation receives an Approbation as a doctor within the meaning of this Act, if he fulfils the conditions of § 3 (1), first sentence, No. 2 and 3. (3) A person issued after 30 June 1988, the day before the date of action of the Accession in the area referred to in Article 3 of the Agreement on Approbation as a doctor entitles the holder to a medical activity in a dependent position. Upon request, the holder of such an Approbation receives an Approbation as a doctor within the meaning of this Act, if he has an eighteen-month medical activity in a dependent position in one or more of the cases referred to in § 4 (4) sentences 1 and 3 (4) The holder of an Approbation valid on the day before the date of entry into effect of the entry into the territory referred to in Article 3 of the Agreement of Accession. for medical activities in a medical-theoretical subject area according to § 4 of the Approbationsordnung for doctors of 13 January 1977 (GBl. 30), as amended by Regulation No 2 of 24 August 1981 (GBl). 346), the professional title of 'doctor' or 'doctor' may only lead to the addition of '(theoretical medicine)'. The Approbation referred to in the first sentence does not entireth the exercise of the medicine. Those who are in a corresponding training when they become effective will be able to complete this training. Upon request, he will receive an Approbation for medical activities in a medical-theoretical subject area in accordance with § 4 of the Approbationsordnung for Doctors referred to in sentence 1, provided that he successfully completes the training until 31 December 1992. The restrictions referred to in the first sentence shall also apply to this extent. Upon request, the holder of such an Approbation receives an Approbation as a doctor within the meaning of this Act, if he has the equivalence of his training status with that of a person according to the provisions of § 4 of this law. According to § 3 (1), first sentence, no. 2 and 3. (5) A permit valid at the date of accession for the temporary exercise of the medical profession and one on the day of the application of the certificate. before the entry into force of accession in the territory referred to in Article 3 of the agreement Valid state permit for the exercise of medical practice pursuant to § 10 para. 3 of the Doctors Approbationsordnung of 13 January 1977 (GBl. 30), as amended by Regulation No 2 of 24 August 1981 (GBl). I n ° 29 p. 346) shall be deemed to be the permission in accordance with Section 10 (1) of this Act. "

h)

§ 14a is replaced by the following new paragraph 4: " (4) Students of medicine who, after the date of entry into effect of accession, receive a prior medical degree in universities or medical academies in the area referred to in Article 3 of the Agreement Continue to study in accordance with the legislation currently in force for this area, provided that this is done by 31 December 1998. The successful completion of the study is the same as the completion of the medical examination in accordance with § 3 (1) sentence 1 no. 4. Upon request, holders of a corresponding proof will receive a permit for the work as a doctor in the internship pursuant to § 10 para. 4. Students taking medical studies on the training sites referred to in the first sentence in September 1991 shall conclude the pre-clinical phase of the study, including the physicum, in accordance with the provisions referred to in the first sentence, provided that they include the physicum. until 31 December 1994. They continue the medical studies in accordance with the regulations of the medical regulations issued pursuant to § 4, and discontinue the training in this way. The provisions of this Regulation shall apply from the commencement of the studies to students who, in 1992 and later, receive a medical degree from the training centres referred to in the first sentence. In the Regulation, special arrangements may be made for the students referred to in sentences 5 and 6 with regard to the nature of the tests. "

2.

Law on the exercise of dentistry in the version of the notice of 16 April 1987 (BGBl. 1225)

a)

§ 2 shall be amended as follows:

aa)

In paragraph 1, sentence 6 shall be deleted.

bb)

The second sentence of the second sentence of paragraph 2 and the third sentence of paragraph 3 shall be replaced by the following: "Paragraph 1, second sentence, shall remain unaffected."

b)

Section 4 (1) is amended as follows:

aa)

The first sentence of paragraph 1 shall be replaced by the following: ' The Approbation shall be withdrawn if, in its grant, the dental examination has not been passed or, in the case of an Approbation granted before the date of accession, a training centre in which the applicant is entitled to Article 3 of the Einigungscontracges or the study of dentistry acquired in a case of § 20 (1) sentence 2 or in a case of § 20 (4) sentence 1 was not completed or the training pursuant to § 2 para. 1 sentence 2 or § 2 para. 2 or 3, or the training to be followed in accordance with § 20a was not completed. "

bb)

In the third sentence, the words "or 6" shall be deleted.

c)

Section 16 shall be amended as follows:

aa)

The following sentence 2 shall be added to paragraph 1: "In the cases of § 20 (4) sentence 1, the approval shall be issued by the competent authority of the country in which the applicant has successfully completed his studies of dentistry."

bb)

Paragraph 2 shall be replaced by the following: " (2) The decisions pursuant to § 2 (1) sentence 1 in conjunction with sentence 2, para. 2 or 3, in accordance with § § 8 to 10, 13, § 20 (2) sentence 2 and § 20a, shall be taken by the competent authority of the country in which the dental profession shall be exercised. "

cc)

In paragraph 5, the words "or 6" shall be deleted.

d)

§ 20 is replaced by the following: " § 20 (1) An Approbation or Bestallung, which entitles the holder to exercise the dental profession at the date of application of the Act of Accession, shall be deemed to be an Approbation within the meaning of this Act. The same shall apply in the case of a trial which, on the day before the date of entry into force of the date of accession, shall be entitled, in the territory referred to in Article 3 of the Treaty of Accession, to pursue the profession of dentistry, provided that it does not apply to that profession by means of a procedure applicable at that date. Arrangement according to § 13 of the Approbationsordnung für dentists of 13 January 1977 (GBl. 34), as amended by Regulation No 2 of 24 August 1981 (GBl). No 29 p. 346). The right to continue to lead a name given in connection with recognition as a specialist dentist by the holder of a licence referred to in the second sentence of sentence 2 which, on the day before the date of entry into force of the date of accession, shall have such a name in the (2) One of the territories referred to in Article 3 of the Unification Treaty on the day before the date of entry into the exercise of the dental profession shall be the subject of the application of the Agreement authorizing, however, by means of an order in force at that time in accordance with § 13 of the Code of approbation for Dentists of 13 January 1977 (GBl. 34), as amended by Regulation No 2 of 24 August 1981 (GBl). I n ° 29 p. 346) Limited Approbation as a dentist is valid as a permission in accordance with § 13 para. 1 of this law. Upon request, the holder of such an Approbation receives an Approbation as a dentist within the meaning of this Act, if he fulfils the conditions of § 2 (1) sentence 1 no. 2 and 3. (3) A permit valid upon the date of entry into effect of the accession to the temporary exercise of dentistry and a state permit valid on the day before the date of entry into the territory of the territory referred to in Article 3 of the Agreement for the exercise of stomatological activities in accordance with Section 8 (3) of the Agreement Code of approbation for Dentists of 13 January 1977 (GBl. 34), as amended by Regulation No 2 of 24 August 1981 (GBl). I n ° 29 p. 346) are valid with their previous contents as permission in accordance with § 13 (1) of this Act. (4) Students of dentistry, who after the effective date of accession a prior study of dentistry at universities, or Medical academies in the area referred to in Article 3 of the 'Einigungscontracges' shall continue to study in accordance with the legislation currently in force in this area, provided that this is done by 31 December 1997. The successful completion of the course of studies is the same as the completion of the course of studies in dentistry through the passed dental examination in accordance with § 2 para. 1 sentence 1 no. 4. For students who, in September 1991 and later, begin a study of dentistry at the training centres mentioned in the first sentence, the provisions of the Approbationsordnung for Dentists adopted pursuant to § 3 of this Act apply. The purpose of this Regulation is to regulate, until 31 December 1992, that the study of dentistry should in future include a compulsory teaching event in paediatric dentistry and that the dental examination should be extended to cover this subject "

3.

Code of approbation for doctors, as amended by the Notice of 14 July 1987 (BGBl. 1593), as last amended by the Regulation of 21 December 1989 (BGBl I). 2549), In Article 34a (2), first sentence, the second and third indent are replaced by the following:

"-

in the practice of a practising physician or other means of ambulatory medical care,

-

in a medical centre or similar institution of the armed forces 'medical service or police force or'.

4.

Hebammengesetz vom 4. Juni 1985 (BGBl. 902), as amended by Article 1 of the Regulation of 22 May 1986 (BGBl I). 833),

a)

According to § 27, the following § 27a is inserted: " § 27a (1) A permit issued before the effective date of accession under the provisions of the German Democratic Republic shall be deemed to be a midwife's permission in accordance with § 1 (1). (2) One before the date of effect of the Accession under the provisions of the German Democratic Republic shall be completed as a midwife in accordance with these provisions. After completion of the training, if the conditions of § 2 (1) (2) and (3) are fulfilled, the applicant will be given a permission in accordance with § 1 (1). "

b)

In accordance with § 30, the following section IXa is inserted: " IXa. § § 6 (1) sentence 3 applies in the area referred to in Article 3 of the Unification Treaty for medical specialist schools. (2) By way of derogation from § 6 para. 2 no. 1 and 2. in the area referred to in Article 3 of the agreement, medical technical schools may be recognized as eligible for training if they:

1.

are directed by a director with a pedagogical qualification or with another university education and a completed education in a medical profession, and

2.

a sufficient number of training places in relation to the number of training places

-

Professional teachers with a pedagogical university degree or

-

Subject-school teachers with a technical school leaving at the time of the date of their entry into a medical school, and

-

Doctors and other skilled workers who are involved in training

.

(3) Medical specialist schools which have been formed before the date of entry into force of the provisions of the German Democratic Republic and which form midwives at that time shall be deemed to be state-approved in accordance with paragraph 2, provided that: Recognition is not withdrawn. Recognition shall be withdrawn if it is not established within three years of the date of accession that the conditions set out in Article 6 (2) have been met. "

5.

Health Care Act of 4 June 1985 (BGBl. 893), as amended by Article 2 of the Regulation of 22 May 1986 (BGBl I). 833),

a)

In accordance with § 27, the following § 27a is inserted: " § 27a (1) A permit issued before the effective date of accession under the provisions of the German Democratic Republic as a nurse, nurse, nurse or nurse. Child care nurse is considered a permission in accordance with § 1 (1) (1) or (2). (2) A permit issued prior to the effective date of accession under the regulations of the German Democratic Republic as skilled worker for nursing or nursing care and Social service is considered to be a permit in accordance with § 1 (1) (3). (3) One before the date of entry into effect trained as a nurse, nurse, nurse, nurse, nurse, nurse or nurse and social service, according to the regulations of the German Democratic Republic Regulations concluded. After completion of the training, if the conditions of § 2 (1) (2) and (3) are fulfilled, the applicant shall obtain a permit in accordance with § 1 (1) No. 1, 2 or 3. "

b)

In accordance with § 30, the following section VIIIa is inserted: " VIIIa. § § 2 (2) of the German Unity Code applies to applicants who have a service period of at least three years in the medical service of the National People's Army or the German Federal Republic of Germany. (2) § 5 (1) sentence 3 applies in the area referred to in Article 3 of the agreement for medical specialist schools. (3) By way of derogation from § 5 (2) (1) and (2), the provisions of Article 3 of the agreement may be amended by the following: Medical schools listed as eligible for the training state-approved if they are

1.

are directed by a director with a pedagogical qualification or with another university education and a completed education in a medical profession, and

2.

a sufficient number of training places in relation to the number of training places

-

Professional teachers with a pedagogical university degree or

-

Subject-school teachers with a technical school leaving at the time of the date of their entry into a medical school, and

-

Doctors and other skilled workers who are involved in training

.

(4) § 8 sentence 2 applies accordingly to an education in the medical service of the National People's Army and the German Folk Police. (5) § 10 para. 1 sentence 2 applies in the area referred to in Article 3 of the agreement for medical schools (6) By way of derogation from Article 10 (2) (1), the territory referred to in Article 3 of the agreement may be recognised as eligible for State aid by a director with a director referred to in paragraph 3 (1). (7) § 28 (1) sentence 1 shall apply in the case referred to in Article 3 of the agreement Area also corresponding to the retraining of persons who have completed a medical professional education other than the one referred to in Article 28 (1) sentence 1 in accordance with the provisions of the German Democratic Republic. § 28 (1) sentence 2 and paragraph 2 shall not apply. (8) § 29 sentence 1 shall apply in the area referred to in Article 3 of the agreement for medical specialist schools and for training institutions for professions in nursery care in the church accordingly. The recognition shall be withdrawn if it is not established within three years of the date of accession that the conditions of § 5 (2) or § 10 (2) are fulfilled. "

6.

Training and Examination Regulation for midwives and debinding plasters in the version of the Notice dated 16 March 1987 (BGBl. 929). In § 3, the following paragraph 1a is inserted after paragraph 1: " (1a) In the case of medical schools which are officially recognized as midwives in accordance with Article 30a (2) of the Hebammengesetz (Hebammengesetz), by way of derogation from the provisions of paragraph 1 (4) (b) of Examination committee is also filled with at least one diploma in medicine pedagogues or a medical education teacher with the medical school leaving certificate as a midwife. "

7.

Training and examination regulations for the professions in nursing care of 16. October 1985 (BGBl. I p. 1973) In § 3, the following paragraph 1a is inserted in accordance with paragraph 1: " (1a) In the medical schools which, according to Article 30a (3) or (6) of the Health Care Act, are nursing or paediatric nursing schools or schools for the By way of derogation from paragraph 1 (4) (b) of the examination committee, health care assistance may also include at least one diploma in medical education or a medical teacher with the medical school leaving certificate as a nurse or nurses or nurses or pediatric nurses. "

8.

Rescue Assistance Act of 10 July 1989 (BGBl. I p. 1384) § 8 is amended as follows:

a)

In accordance with paragraph 4, the following paragraph 4a is inserted: "(4a) Paragraph 4 shall apply mutagens to applicants with comparable health or professional examinations at the National People's Army or the German People's Police."

b)

In paragraph 5, the words "under paragraphs 3 and 4" shall be replaced by the words "in accordance with paragraphs 3, 4 and 4a".

9.

Employment and Work Therapy Law of 25 May 1976 (BGBl. 1246), as amended by Article 40 of the Law of 18 February 1986 (BGBl I). 265), According to § 8, the following § 8a is inserted: " § 8a (1) One before 1 September 1991, following the order on the state permit to exercise the medical, pharmaceutical and social professions and skilled workers of 7 August 1980 (GBl. 254) permission granted as a working therapist or a work therapist or a permission granted to such a permit shall be deemed to be a permit in accordance with § 1. (2) A prior to 1 September 1991 in the Article 3 of the Unification Treaty Training as a working therapist or occupational therapist may be completed in this area in accordance with the rules in force there. After completion of the training, if the conditions of § 2 (1) (2) and (3) are fulfilled, the applicant will be granted a permit in accordance with § 1. "

10.

Training and Examination Regulations for Employment and Employment Therapists of 23 March 1977 (BGBl. 509) According to Article 14, the following is inserted: "§ 14aOverline regulation arising from the establishment of the unity of Germany This Regulation shall apply in the territory referred to in Article 3 of the Unification Treaty from 1 September 1991."

11.

Law on the occupation of the Diätassistent of 17 July 1973 (BGBl. 853), as amended by Article 39 of the Law of 18 February 1986 (BGBl I). 265), According to § 9, the following § 9a is inserted: " § 9a (1) A permit issued before the effective date of accession under the provisions of the German Democratic Republic shall be deemed to be a dietician or a diätassistent as a permit pursuant to § 1. (2) By way of derogation from § 2 (1) (1), a permit pursuant to § 1 shall also be granted if the applicant has been trained as a dietician as a dietician before 1 January 1996 in the territory referred to in Article 3 of the Agreement on the Territory of the United States of Germany. Rules completed successfully. "

12.

Education and Examination Regulations for Diätassistenten of 12 February 1974 (BGBl. 163) According to Article 13, the following § 13a is inserted: "§ 13aOverline regulation arising from the establishment of the unity of Germany This Regulation shall apply from 1 January 1996 in the territory referred to in Article 3 of the Unification Treaty."

13.

Law on the performance of the professions of the masseur, the masseur and the medical swimmaster and the physiotherapist in the adjusted version published in the Bundesgesetzblatt, Part III, outline number 2124-7, as last amended by the law of the 9 May 1989 (BGBl. 876),

a)

In accordance with § 15, the following § 15a is inserted: " § 15aA permission granted before the effective date of accession under the regulations of the German Democratic Republic shall be deemed to be a masseur or a masseur or as a physiotherapist or physiotherapist shall be deemed to have been granted. Permission in accordance with § 1. "

b)

In accordance with § 17, the following § 17a is inserted: "§ 17aBy way of derogation from § 2 para. 1 no. 2 and 3, permission to lead the professional title" masseur "or" physiotherapist " shall also be granted if the applicant has a prior to 1 January 1996 in the article 3 of the area referred to in the agreement as a masseur or a physiotherapist in accordance with the rules in force there. "

14.

Training and examination regulations for masseurs and for masseurs and medical bathmasters in the revised version published in the Federal Law Gazette, Part III, outline number 2124-7-1, as amended by Regulation of 19 November 1982 (BGBl. 1561), Article 23 inserted: '§ 23aThis Regulation shall apply from 1 January 1996 in the territory referred to in Article 3 of the Agreement.'

15.

Training and examination regulations for physiotherapists in the revised version published in the Federal Law Gazette, Part III, outline number 2124-7-2, as amended by the Ordinance of 25 June 1971 (BGBl. 847), According to Article 22, the following is inserted: "§ 22aThis Regulation shall apply from 1 January 1996 in the territory referred to in Article 3 of the Agreement."

16.

Orthoptist Law of 28 November 1989 (BGBl. 2061) According to § 11, the following § 11a is inserted: " § 11a (1) One before 1 September 1991, following the order on the state permit to exercise the medical, pharmaceutical and social professions and skilled workers ' occupations of 7 August 1980 (GBl. 254), permission granted as an orthopaedist or orthopaedist or a permission granted to such a permit shall be deemed to be a permit in accordance with § 1. (2) A territory referred to in Article 3 of the Unification Treaty before 1 September 1991 Training as an orthopaedist or orthopaedist can be completed in this area according to the rules in force there. After completion of the training, if the conditions of § 2 (1) (2) and (3) are fulfilled, the applicant will be granted a permit in accordance with § 1. "

17.

Training and examination regulation for orthopatists and orthopaedists of 21 March 1990 (BGBl. I p. 563) According to Article 15, the following is inserted: "§ 15a transfer rule from the occasion of the manufacture of the unit DeutschlandsThe Regulation shall apply in the territory referred to in Article 3 of the Unification Treaty from 1 September 1991."

18.

Law on technical assistants in medicine of 8 September 1971 (BGBl. 1515), as amended by Article 38 of the Law of 18 February 1986 (BGBl I). 265),

a)

In accordance with § 13, the following § 13a is inserted: " § 13aAn authorisation granted before the effective date of accession in accordance with the provisions of the German Democratic Republic as a medical-technical laboratory assistant, medical-technical laboratory assistant, Medical-technical radiology assistant or medical-technical radiology assistant shall be considered as a permission in accordance with § 1. "

b)

In accordance with § 15, the following § 15a is inserted: " § 15aBy way of derogation from § 2 No. 3 and § 3, a permit pursuant to § 1 shall also be issued in the appropriate subject area if the applicant has a prior to 1 January 1996 in the subject of Article 3 of the agreement , has successfully completed training as a medical-technical laboratory assistant or a medical-technical radiology assistant in accordance with the rules in force there. "

19.

Training and examination regulations for technical assistants in medicine of 20 June 1972 (BGBl. I p. 929) According to Article 15, the following is inserted: " § 15a transfer rule from the occasion of the manufacture of the unit DeutschlandsThis regulation shall apply in the territory referred to in Article 3 of the Unification Treaty, subject to the second sentence of 1 January 1996. Insofar as it refers to the training in the field of veterinary-technical assistant, it shall enter into force with effect of the accession. "

20.

Stunning Central Law of 28 July 1981 (BGBl. 681, 1187), as last amended by Article 8 of the Law of 27 January 1987 (BGBl I). 475),

a)

Section 11 (1) sentence 2 and § 12 (1) (3) and (2) sentence 3 shall be repealed.

b)

In section 29 (1) no. 5, the term "§ 11 para. 1 sentence 3" is replaced by the statement "§ 11 paragraph 1 sentence 2".

21.

Federal Pharmacy Order in the version of the notice of 19 July 1989 (BGBl. I p. 1478, 1842)

a)

Section 4 shall be amended as follows:

aa)

In the second sentence of paragraph 1, the comma after the words "number 4" shall be replaced by a point. The words 'unless the equivalence of the training stand is not given' shall be deleted.

bb)

In paragraphs 2 and 3, the last sentence shall be deleted.

b)

§ 12 is amended as follows:

aa)

In paragraph 1, the following sentence shall be added: "In cases of § 4 (1) sentence 2, the approval shall be granted by the competent authority of the country in whose territory the applicant has successfully completed his studies of pharmacy."

bb)

In paragraph 3, the words ' para. 1 sentence 2, " deleted.

c)

Section 14 shall be amended as follows:

aa)

In paragraph 1, the following sentence 2 shall be added: "An approbation entitled to the exercise of the profession of pharmacy in the territory referred to in Article 3 of the Unification Treaty shall be deemed to be an Approbation within the meaning of this Law."

bb)

The previous paragraph 2 shall be paragraph 4.

cc)

The following paragraphs 2 and 3 shall be inserted: ' (2) A pharmaceutical activity limited to experimental activities in the field referred to in Article 3 of the Unification Treaty shall apply to an experimental pharmaceutical activity in accordance with the provisions of Article 3 of the Agreement. Pharmacologically-toxicological and chemical-analytical area according to Appendix 2 of the Approbationsordnung für Apotheker vom 13. Januar 1977 (GBl. 38), as amended by Order No 2 of 20 August 1990 (GBl). 59 p. 1450), shall be deemed to be an open-ended permit in accordance with Section 11 (2) sentence 1. It entitles the holder to lead the professional title "pharmacist" or "pharmacist" only with the addition "for experimental pharmacology and toxicology". (3) One of the areas referred to in Article 3 of the Unification Treaty when accession becomes effective Temporary permit for the exercise of the profession of pharmacist and a permit valid at that time in those territories for the purpose of exercising the profession of pharmacist in accordance with Section 9 (2) of the Ordinary Rules for Pharmacists of 13 January 1977 (GBl). 38), as amended by Order No 2 of 20 August 1990 (GBl). I n ° 59 S 1450) shall continue to apply with their previous content as permission in accordance with § 11. "

21a.

Law on pharmacy in the version of the Notice of 15. October 1980 (BGBl. 1993), as amended by Article 2 of the Law of 23 July 1988 (BGBl I). 1077), with the following changes:

a)

In Article 2, the following paragraph 2a is inserted: " (2a) In addition to paragraph 1, point 1, an applicant who is a citizen of another State shall be entitled to operate a pharmacy in the territory referred to in Article 3 of the agreement. if he had his permanent residence on 1 January 1990 in the territory referred to in Article 3 of the Agreement and satisfies the other conditions laid down in paragraph 1. '

b)

In accordance with § 28, the following § 28a is inserted: " § 28a (1) The state public pharmacies, the pharmaceutical centers and other institutions of the state pharmacy in the area referred to in Article 3 of the agreement are to be inserted into the Trusteeship of the Treuhandanstalt with the aim of its privatization. (2) Pharmacy which, in the area referred to in Article 3 of the agreement, serves as a priority for the supply of medicinal products to one or more hospitals, and a spatial Unit with a hospital, will be used as hospital pharmacies in the The property of the respective hospital carrier is transferred. In the interest of the proper supply of medicinal products, by way of derogation from § 14 (4) sentence 2 of a hospital pharmacy in the area referred to in Article 3 of the agreement, the competent authority shall, at the request of the institution of the hospital. Authorisation to supply prescriptions issued by physicians of the hospital's hospital. The authorisation shall be withdrawn if, at reasonable distance from the hospital, a pharmacy takes up the holding. The authorization shall be issued no later than 31 December 1993. (3) For the pharmacies in the territory referred to in Article 3 of the Agreement of Accession, which exist at the date of entry into force of the accession, the authorization shall be deemed to have been granted, in the case of State-owned pharmacies. Pharmacies for the respective carrier. In case of change of the carrier, the permission must be requested anew. Permission is granted for the Treuhandanstalt and the institution of a hospital to be granted. (4) The district pharmacies and district directorates of the pharmacy in the area referred to in Article 3 of the 'Einigungscontracges' are to be granted the following: to dissolve countries. The dissolution of the Pharmaceutical Centres is to be completed by 30 June 1991. (5) The Treuhandanstalt is obliged to make pharmacies on request by authorized persons in accordance with paragraph 6 of this Regulation.

1.

to be sold until 31 December 1991, or

2.

the administration shall be transferred if, due to the legal situation, direct sale of the pharmacy is not possible, or if the applicant is not more than five years before the early retirement age is reached.

The administration shall be limited to a maximum of five years. It shall be designed in such a way as to end at the latest with 31 December 1996. In the interests of ensuring the supply of medicinal products, the duration of the administration can be extended until the retirement age. Section 13 (2) and (3) shall apply. (6) The conditions for the purchase and administration of a pharmacy shall be met.

1.

for the purchaser of the possession of a permit pursuant to section 1 (2),

2.

for the liquidator in possession of a permit pursuant to section 13 (1b),

3.

an option in accordance with paragraph 7.

The authorisation or authorisation and the option shall be attached to the application referred to in paragraph 5. (7) The competent authority shall issue the pharmacies to be transferred in trusteeship to the competent authority for the purpose of purchasing or administering the pharmacies. Upon request, it shall issue an option to buy or manage a pharmacy. The decision shall be taken by a majority of the votes of a Commission composed of:

1.

a representative of the competent authority as chairman,

2.

a representative of the Treuhandanstalt;

3.

three pharmacists, of which at least one is a pharmacist and one employee. These pharmacists will be named by the Landesapothekerkammer. As long as the Landesapothekerkammer (Landesapothekerkammer) does not exist, they are named by the National Association of the Association of Pharmacists.

(8) A pharmacist who is in charge of a pharmacy in the area referred to in Article 3 of the agreement may, on request, be authorised to administer the pharmacy which he has so far headed, if the applicant

a)

this pharmacy has reliably managed at least 10 years, and

b)

complies with the requirements of § 2 (1) (4) and (7).

The granting of authorisation shall also require that the pharmacy administered by the pharmacist shall be a public pharmacy. Such requests shall be made in accordance with paragraph 7. The administrative authorisation shall be valid until the retirement age, but not more than five years. (9) The sale or transfer of an administration of state pharmacies which, when the date of accession is effective, shall be the subject of Article 3 of the Treaty. Until 31 December 1992, only applicants who were citizens of the territory referred to in Article 3 at the date of entry into force of this Treaty or, after 1972, as former citizens of the territory of that territory, shall be allowed to enter the territory of the territory referred to in Article 3 of the Treaty. permanent residence outside the territory of this territory and residency after 1 January 1990 have taken this area. "

22.

Approbationsordnung für Apotheker vom 19. Juli 1989 (BGBl. I p. 1489) According to Article 23, the following is inserted: " § 23aOverline rule on the occasion of the production of the unity of Germany (1) Persons who are studying pharmacy at a university in the territory referred to in Article 3 of the Unification Treaty before the 1. The provisions of this Regulation shall apply to the second and third sections of the Marketing Authorisation Procedure, which shall be adopted in September 1990. Persons who commend the study of pharmacy in the area referred to in the first sentence before 1 September 1988 and who have successfully undergone the main examination before 31 December 1990 shall complete the training provided for in this field. legislation in force. Those who have passed the main examination only after the mentioned date shall also apply the third section of the Pharmaceutical Examination in accordance with the provisions of this Regulation. (2) By way of derogation from § § 8 and 17 (2), persons who do not Studies of pharmacy at a university in the area referred to in Article 3 of the Agreement and the first section of the Pharmaceutical Examination before 31 December 1992 are examined orally. The provisions of § 11 shall apply accordingly. "

22a.

Pharmacy operating order of 9 February 1987 (BGBl. 547), as amended by Article 24 of the Law of 20 December 1988 (BGBl I). 2477),

a)

§ 2 shall be amended as follows:

aa)

In the first and second sentences of paragraph 6, the words 'or pharmacists' shall be inserted after the word 'pharmacists'.

bb)

In paragraph 7, the words "or pharmaceutical engineer" shall be inserted after the word "pharmacist assistant".

b)

§ 3 is amended as follows:

aa)

in the first sentence of paragraph 3, the point shall be replaced by a comma after the word "pharmacist assistant" and the following numbers shall be added:

" 6.

Pharmaceutical Engineers,

7.

Persons who are in training as a profession of pharmacist,

8.

Pharmacist assistants,

9.

Pharmaceutical assistants. "

bb)

In the second sentence of paragraph 3, after the word 'pharmacist', the words 'and pharmacies' shall be inserted.

cc)

In the second sentence of paragraph 5, the words "paragraph 3 (2) to (4)" shall be replaced by "paragraph 3 (2) to (4) and (7) to (9)". The following sentence 3 shall be added: "The persons referred to in paragraph 3 (9) shall not make any medicinal products."

c)

Section 17 (6), first sentence, No. 2 is replaced by the following:

" 2.

the name of the pharmacist, the pharmacist's assistant or the pharmacist who has delivered the medicinal product, or the pharmacist who has supervised the charge, "

d)

In accordance with § 35, the following § 35a is added: " § 35a (1) On pharmacies in the area referred to in Article 3 of the Einigungscontracges, for which a permit is deemed to have been granted pursuant to Section 28a (3) of the law on pharmacy, § 4 para. 2 to 5 and 8 and Section 29 (2) shall not apply until 1 January 1996. However, until that date, pharmacies must continue to comply with the rules governing the number, base, arrangement and equipping of the premises which have been subject to accession until the date of entry into effect. (2) In pharmacies, the pharmacies shall be subject to the following conditions: Paragraph 1 shall, by way of derogation from the provisions of the third sentence of Article 6 (3) and the first sentence of Article 11 (2), establish the identity of the medicinal product or of the source materials only if the identity of the contents of each container is not otherwise (3) Hospital pharmacies for which the second sentence of Article 28a (2) of the Law on the Pharmacies are authorised to supply prescriptions of doctors of the hospital in the hospital. By way of derogation from § 31 (1), medicinal products may also be issued on the basis of such prescriptions. "

23.

Law on the Reorder of the Pharmaceutical Law of 24 August 1976 (BGBl. 2445), as last amended by Article 2 of the Law of 11 April 1990 (BGBl I). 717), Article 3 is amended as follows:

a)

In accordance with § 4, the following § 4a is inserted: " § 4aBy way of derogation from § 14 (1) of the German Medicines Act, in the territory of the production managers referred to in Article 3 of the agreement, the Head of Production may at the same time be a control officer until 31 December 1992. A sales manager shall be appointed no later than six months after the date of entry into force of the accession. "

b)

In accordance with § 10, the following § § 10a and 10b are inserted: " § 10aThe charge of a serum, a vaccine, a test allergen, a test serum or a test antigen which, when the accession becomes effective in accordance with Article 16 of the Second Implementing Regulation, shall be inserted. Pharmaceutical Act of 1 December 1986 (GBl. 483) shall be deemed to have been released within the meaning of Section 32 (1) sentence 1 of the Medicinal Products Act in the territory referred to in Article 3 of the agreement. § § 32 (5) of the Medicines Act applies to the release. § 10bMedicines, which are subject to the obligation to register pursuant to § 21 of the German Medicines Act and are subject to the obligation to register in accordance with § 38 of the Medicines Act and produced in a pharmacy in the area referred to in Article 3 of the Unification Treaty and delivered to the consumer, may, after the date of entry into force of the date of accession, continue until 31 December 1992 without authorisation or registration in accordance with the Medicines Act. "

c)

In accordance with § 23, the following § § 24 to 30 are inserted: " § 24Ready-to-use medicinal products, which are medicinal products within the meaning of § 2 (1) or (2) (1) of the German Medicines Act (Medicinal Products Act) and, in the event of an effective date of accession, are in accordance with the provisions of Article 3 of the agreement shall not be placed on the market until 31 December 1991 without the package leaflet provided for in Article 11 of the Medicinal Products Act, by the pharmaceutical companies and thereafter by wholesalers and retailers. , provided that they are in accordance with the medicinal product legislation applicable before the date of accession. Regulations of the German Democratic Republic. The competent authority of the Federal Republic of Germany may, by means of conditions, order warnings in so far as it is necessary to prevent the use of the medicinal product from a direct or indirect risk to humans or animals. § 25In the case of a clinical trial, § 40 (1) No. 8 of the Medicinal Products Act shall be concluded for the purposes of the effective application of accession in the territory referred to in Article 3 of the Agreement. § 26WHO, when the accession of the medicinal product is effective, shall be completed in the The terms of Section 2 (1) or (2) (1) of the Medicinal Products Act, which are on the market in the case of the retail trade outside the pharmacies referred to in Article 3 of the Agreement, this activity may continue to be carried out there until 31 December 1992 in so far as it has been approved by the Commission, § 27The obligation to notify according to § 67 of the Medicines Act does not apply to establishments, facilities and to persons in the territory referred to in Article 3 of the Act of Freezing, which in the event of accession, an activity within the meaning of that provision § 28The necessary expertise as a Pharmaberater pursuant to Section 75 (2) (2) of the German Medicines Act also possesses, who in the area referred to in Article 3 of the Agreement Contract an apprenticeship as a pharmacist, a pharmacy assistant or a pharmacist. § § § § 84 to 94a of the Medicines Act are not applicable to medicinal products which have been submitted to the consumer in the area referred to in Article 3 of the agreement before the date of entry into effect of the accession to the consumer. § 30The Federal Minister for Youth, Family, Women and Health authorized, by means of a regulation with the consent of the Federal Council, in the area referred to in Article 3 of the agreement on the integration of medicinal products, supervisory tasks pursuant to sections 64, 65, 68, 69 and 72 to 73a of the Medicines Act until 31 December 1994 The competent authorities shall not be responsible for the transfer of such information to the competent authorities in the territory of the said area. "

24.

First Act amending the Medicines Act of 24 February 1983 (BGBl. 169), as amended by Article 3 of the Law of 11 April 1990 (BGBl I). 717), Article 2 shall be inserted in accordance with Article 2 of the following § 3: " § 3For medicinal products intended for use in animals and which are approved in the territory referred to in Article 3 of the Agreement on accession to the application of the date of accession, § 2 (1), (2) and (4). "

25.

Second Act amending the Medicines Act of 16 August 1986 (BGBl. 1296), as last amended by Article 4 of the Law of 11 April 1990 (BGBl I). 717), Article 2 shall be inserted in accordance with § 4 of the following § 5: " § 5For the obligation to submit or send a specialist information pursuant to Section 11a of the Medicinal Products Act, § 2 applies to medicinal products which, in the event of an effective date of accession, shall become effective in the Article 3 of the agreement referred to in Article 3 of the Agreement shall be placed on the market. '

26.

Medicinal Products Warning Regulation of 21 December 1984 (BGBl. 22), as last amended by Regulation of 24 December 1985. October 1987 (BGBl. 2333), § 6 the following paragraph 3 is added: " (3) Medicinal products which do not comply with the provisions of § § 1 to 3a and which are placed on the market in the area referred to in Article 3 of the Agreement on entry into effect of the accession date of accession; may be placed on the market by pharmaceutical companies until 31 December 1991 and thereafter by wholesalers and retailers, provided that they comply with the provisions of the medicinal products legislation applicable before the date of accession. German Democratic Republic. "

27.

Operating Regulation for pharmaceutical companies of 8 March 1985 (BGBl. 546), as amended by Regulation of 25 March 1988 (BGBl I). 480), Article 18 shall be replaced by the following paragraphs 4 to 6: " (4) Medicinal products which have not been manufactured and tested in accordance with the provisions of this Regulation in the area referred to in Article 3 of the Agreement or which have not been examined in accordance with the provisions of this Regulation. The provisions of this Regulation may be placed on the market by the pharmaceutical operator until 31 December 1991. (5) The premises and facilities provided for in Article 3 of the agreement shall, until 31 December 1992, have to comply with the provisions of this Regulation . The competent authority may also allow temporary exemptions if there is an important reason. (6) For medicinal products within the meaning of section 2 (2) (2) to (4) of the Medicinal Products Act, which are listed in the area referred to in Article 3 of the agreement , the provisions of this Regulation shall not apply until 31 December 1992. '

28.

Operating Regulation for wholesalers of medicinal products of 10 November 1987 (BGBl. 2370) The following paragraphs 4 to 6 shall be added to Article 11: " (4) Medicinal products which, in the area referred to in Article 3 of the Unification Treaty, are not properly refilled, packaged or labelled in accordance with the provisions of this Regulation; shall be placed on the market there until 31 December 1991. (5) premises and facilities in the territory referred to in Article 3 of the agreement shall comply with the provisions of this Regulation no later than 31 December 1992. The competent authority may, in addition, allow temporary exemptions where there is an important reason. (6) If, in the event of an effective entry into the territory of the territory referred to in Article 3 of the Agreement, a wholesale trade in medicinal products is provided for in the territory of the § 9 (1), the official recognition within the meaning of § 9 shall be deemed to be granted on a provisional basis. The provisional official recognition shall be issued if the grant of a definitive official recognition is not requested by 30 June 1991 and, in the case of a timely application, with the entry into force of the decision on the application of the decision on the Application. "

29.

Regulation of 27 September 1986 (BGBl. 1610), as amended by Regulation of 22 September 1989 (BGBl I). I p. 1780) According to § 4, the following § 4a is inserted: " § 4aArzneimittel, which meets the requirements of the German Pharmacopoeia 9. Edition (DAB 9) is not sufficient or is not manufactured and tested in accordance with the provisions of this Regulation, and which, in the event of accession, are in the territory of the territory referred to in Article 3 of the entry contract, may be subject to the conditions of Traders shall be placed on the market until 31 December 1992 and thereafter by wholesalers and retailers, provided that they comply with the provisions of the German Democratic Republic of Germany which apply before the date of entry into force of the accession. "

30.

Ordinance on radioactive or ionizing radiation treated medicinal products of 28 January 1987 (BGBl. 502) According to Article 6, the following § 6a is inserted: " § 6aMedicinal products which do not comply with the requirements of this Regulation and which are placed on the market in the area referred to in Article 3 of the Agreement on entry into force of the accession date, may be placed on the market by pharmaceutical companies until 31 December 1992 and thereafter by wholesalers and retailers, provided that they comply with the provisions of the medicinal products legislation applicable before the date of accession. German Democratic Republic. "

31.

Regulation on the proof of expertise in retail trade with free-selling medicinal products of 20 June 1978 (BGBl. 753) The following sentence shall be added to § 10: ' Sentence 1 shall apply mutagenically, mutagenically, as a pharmacist, pharmacist, pharmacist or pharmacist who, before the date of accession, shall comply with the provisions of the In the case of the German Democratic Republic, or after the date of accession, they shall be granted in the territory referred to in Article 3 of the agreement. "

32.

Regulation on veterinary medicinal products in the version of the Notice of 3 May 1985 (BGBl. 752), as amended by Article 3 of the Regulation of 11 March 1988 (BGBl I). 303), Section 15a shall be amended as follows:

a)

The previous text will be paragraph 1.

b)

The following paragraph 2 shall be added: '(2) The veterinary dispensation rights may continue to be exercised in the territory referred to in Article 3 of the Agreement by 31 December 1992 in accordance with the provisions in force there.'

33.

Genetic engineering law of 1 July 1990 (BGBl. 1990 I p. 1080) According to § 41, the following § 41a is inserted: " The transfer rule arising from the establishment of the unity of Germany § 41a (1) A body according to the Directive for the in vitro recombination of genetic material of 26 November 1985 (Claims and communications of the Ministry of Public Health of the German Democratic Republic of 10 February 1986, special printing) shall be considered as a genetic engineering plant within the meaning of § 3 No. 4. The authorization required pursuant to Article 8 (1) shall be applied to the competent authority by 31 March 1991. (2) If, in a body referred to in the first sentence of paragraph 1, only genetic engineering works of the security level 1 are carried out, the following shall apply: (3) A permit from the Ministry of Public Health of the German Democratic Republic for work on genetic engineering, according to the following: Directive on the in vitro recombination of genetic material of 26 November In 1985, the permission is valid as a permit pursuant to § 8 (1) sentence 2. The approval is up to the 3O. (4) In accordance with the Directive on the in vitro recombination of genetic material of 26 November 1985, only one ad, they shall be notified to the competent authority by 31 March 1991. '

Unofficial table of contents

Annex I Kap X D III Annex I, Chapter X
Area D-Health policy
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

(no longer apply)

2.

(no longer apply)

3.

Federal disease law in the version of the notice of 18 December 1979 (BGBl. I p. 2262; 1980 I p. 151), as last amended by Article 7 of the Law of 26 June 1990 (BGBl. 1211), with the following measures:

a)

(no longer apply)

b)

(no longer apply)

c)

Insofar as the Federal Law of Supply and the provisions adopted for its implementation are to be applied in accordance with § § 51 to 55, 59 to 61 of the Federal Disease Act, these provisions shall apply with those laid down in Annex I, Chapter VIII, Sachgebiet K Section III (1) of the Treaty.
(sentences 2 to 4 no longer apply)

4.

(no longer apply)

5.

(no longer apply)

Unofficial table of contents

Annex I Kap X E II Annex I, Chapter X
Area E-Food and demand for goods
Section II

Federal law shall be amended or supplemented as follows:

1.

Section 6 of the Food Control Ordination of 16 June 1977 (BGBl. 1002) shall be amended as follows:

a)

In paragraph 2, the following points 3 and 4 shall be added:

" 3.

to carry out, at the date of entry into force of this Regulation in the area referred to in Article 3 of the Agreement, the tasks of monitoring the movement of foodstuffs, tobacco products, cosmetic products and subject-matter there, or

4.

which have commenced training on the basis of the relevant provisions of the German Democratic Republic before the date of entry into force of this Regulation in the territory referred to in Article 3 of the Agreement, and after that date of the German Democratic Republic. "

b)

In paragraph 3, the words "paragraph 1 (1)" shall be replaced by the words "paragraph 1 (1) and (3)".

Unofficial table of contents

Annex I Kap X E III Annex I, Chapter X
Area E-Food and demand for goods
Section III

(section III no longer applicable) Unofficial table of contents

Annex I Kap X F II Annex I, Chapter X
Area F-meat and poultrymeat hygiene
Section II

Federal law shall be repealed or supplemented as follows:

1.

Meat Hygiene Act as amended by the Notice of 24 February 1987 (BGBl. I p. 649):

a)

In Article 4 (1) (11) and (12), the second sentence is deleted.

b)

In Article 6 (5), the following points shall be added:

" 4.

persons who have been involved in the implementation of the surveillance referred to in the first sentence of paragraph 1 until the date of entry into force of the accession in the territory referred to in Article 3 of the Agreement on the integration of the

5.

Persons who have completed or commenced training on the basis of the relevant provisions of the German Democratic Republic before the date of entry into the territory referred to in Article 3 of the Agreement, and after that date shall be in the case of the law. "

2.

Regulation on Poultrymeat Inspectors of 24 July 1973 (BGBl. 899) In § 2, the following paragraph 4 is added: " (4) The requirements referred to in paragraph 1 (1) shall also be deemed to be fulfilled in the case of persons,

1.

which, until the date of entry into force of accession in the territory referred to in Article 3 of the Treaty of Accession, have performed tasks within the meaning of Article 1 of this Regulation; or

2.

have completed or started training on the basis of the relevant provisions of the German Democratic Republic before the date of entry into force of the accession in the territory referred to in Article 3 of the Agreement, and after that date shall be completed by the to conclude the law in force. "

Unofficial table of contents

Annex I Kap X F III Annex I, Chapter X
Area F-meat and poultrymeat hygiene
Section III

(section III no longer applicable) Unofficial table of contents

Annex I Kap X G II Annex I, Chapter X
Sachgebiet G-Veterinarians
Section II

Federal law shall be repealed, amended or supplemented as follows:

1.

Federal Veterinary Order, as amended by the Notice of 20 November 1981 (BGBl. 1193), as last amended by the Regulation of 20 June 1986 (BGBl I). 932),

a)

Section 4 shall be amended as follows:

aa)

In paragraph 1, the second sentence shall be deleted.

bb)

In paragraphs 1a to 4, after the reference to paragraph 1, the words 'sentence 1' shall be deleted.

cc)

In paragraph 3, sentence 3 shall be deleted.

b)

In sections 5 to 7, 8 (1), 9a (1), 13 (1) and 2 (1), § 15 (2) and 15a (15a), the words "sentence 1" shall be deleted after the reference to § 4 (1).

c)

§ 6 para. 1 shall be replaced by the following: " (1) The Approbation shall be withdrawn if the veterinary examination did not pass the examination or the training pursuant to § 4 (1a) sentence 1, para. 2 or 3 thereof, the training in the case of § 15 para. 4 or the training according to § 15 (4) Section 15a of the training was not completed. "

d)

In section 7 (1) sentence 2, the term " para. 1 sentence 2 " deleted.

e)

Section 13 is amended as follows:

aa)

Paragraph 1 is replaced by the following: " (1) In the cases of § 4 (1), the Approbation grants the competent authority of the country in which the applicant places the veterinary examination or in the cases of § 15 (6) the primary veterinary examination "

bb)

In the first sentence of paragraph 2, the words 'sentence 2 or' shall be deleted.

cc)

In paragraph 5, the words "Article 4 (1) sentence 2 or" shall be deleted.

f)

The following paragraphs shall be added to § 15: " (4) An approval or order which entitles the holder to pursue the veterinary profession until the date of entry into force of accession in the territory referred to in Article 3 of the Unification Treaty shall be deemed to be an Approbation in the (5) A permit valid until the date of entry into effect for the temporary exercise of the veterinary profession and a permit until the date of entry into effect of the accession in the territory referred to in Article 3 of the Unification Treaty shall be valid. Temporary written permission for the exercise of the veterinary profession in accordance with § 12 (2) of the Order on the Approbation as a veterinarian of 3 July 1974 (GBl. (6) Students of veterinary medicine who, after the date of entry into force of accession, have completed a prior study of veterinary medicine at universities in accordance with Article 3 (2) (6). of the territory referred to in the agreement, the training shall be completed in accordance with the provisions in force there until the date of entry into force of the accession. The successful completion of the training is the same as the completion of the study of veterinary medicine by the passed veterinary examination in accordance with § 4 para. 1 no. 4. For students who take up the study of veterinary medicine after the effective date of accession, the regulations of the Approbationsordnung für Tierärzte (Approbationsordnung) apply from the beginning of this course of study. "

2.

Approbational Order for Veterinarians of 22 April 1986 (BGBl. 600)

a)

Section 64 shall be amended as follows:

aa)

In paragraph 2, the words " para. 1 sentence 2 " deleted.

bb)

In the third sentence of paragraph 3, after the reference to Article 4 (1), the words 'sentence 1' shall be deleted.

b)

The second sentence of Article 67 (1) is replaced by the following: " In cases where applicants have not yet obtained enrolment/admission for the study of veterinary medicine at a university within the scope of this Regulation, the following shall apply: the applicant has his habitual residence in the country

1.

Baden-Wuerttemberg or Bavaria, the competent authority of the state of Bavaria, has, or has had, Bavaria

2.

Berlin, Brandenburg, Mecklenburg-Western Pomerania or Schleswig-Holstein, or last, the competent authority of the State of Berlin,

3.

Bremen, Hamburg, Lower Saxony, North Rhine-Westphalia, Germany, or, most recently, the competent authority of the State of Lower Saxony,

4.

Hesse, Rhineland-Palatinate or Saarland, or most recently, the competent authority of the State of Hesse,

5.

Saxony, Saxony-Anhalt or Thuringia has, or last had, the competent authority of the State of Saxony,

the decision; in those cases where a jurisdiction under points 1 to 5 is not justified, the competent authority of the Land of Lower Saxony shall take the decision. "

c)

The following paragraph shall be added to Article 69: ' (4) With regard to the students of veterinary medicine who, after the date of entry into effect of the accession, have completed a prior study of veterinary medicine at universities of the Continue, § 2 sentences 2 and 3 shall apply, with the proviso that the compulsory teaching events must contain the subject areas listed in Appendix 1 to § 2. With regard to the practical training referred to in the first sentence of Article 1 (2) (a) in conjunction with § 58, students of veterinary medicine who, after the date of accession, have completed a prior study of veterinary medicine at universities in the Article 3 of the agreement on the integration of the territories referred to in Article 3 of the Agreement shall continue to provide training in the training centres which have been established so far. The provisions of § 63 shall apply to these students, subject to the proviso that, by 31 December 1996, the practical training of at least 6 months after the existence of the The main veterinary examination can be carried out. "

Unofficial table of contents

Annex I Kap X G III Annex I, Chapter X
Sachgebiet G-Veterinarians
Section III

(No longer to be applied) (Section III, No 1) Unofficial table of contents

Annex I Kap X H I Annex I, Chapter X
Area H-Family and social affairs
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

Subsisting Act of 23 July 1979 (BGBl. 1184), as last amended by Article 22 of the Law of 28 June 1990 (BGBl I). 1221),

2.

Law establishing a foundation "Mother and Child-Protection of the Unborn Life" of 13 July 1984 (BGBl. 880), as last amended by Article 3 of the Law of 20 July 1988 (BGBl I). 1046),

3.

Regulation on the flat rates for the repair and maintenance of graves within the meaning of the Law on the Law of the Graves for the financial years 1987 and 1988 of 7 November 1988 (BGBl I). 2115).

Footnote

Sect. I n ° 1: The G applies in the accession territory in accordance with § 12 idF G v. 20.12.1991 mWv 1.1.1992 Unofficial table of contents

Annex I Kap X H II Annex I, Chapter X
Area H-Family and social affairs
Section II

Federal law shall be amended or supplemented as follows:

1.

Federal Child Money Act, as amended by the Notice of 30 January 1990 (BGBl. 149), as last amended by Article 9 of the Law of 9 July 1990 (BGBl I). 1354),

a)

§ 2 shall be amended as follows:

aa)

In the second sentence of paragraph 3, the point shall be replaced by a semicolon, and the following half-sentence shall be added: "the military or civil service shall be equal to the appropriate service provided in the territory referred to in Article 3 of the Agreement."

bb)

In the third sentence of paragraph 5, the words 'stay' and 'have' are replaced by the words 'in Albania, Bulgaria or the Soviet Union'.

b)

§ 3 will be amended as follows: (aa) * 3 In the second sentence of paragraph 3, the second half shall be replaced by the following: "However, it shall be granted to the parent who is responsible for the person of the child or the parental right of education for the child alone."

bb)

In the first sentence of paragraph 4, the words 'or the court in the territory referred to in Article 3 of the Unification Treaty' shall be inserted after the words 'court of guardianship'.

c)

In accordance with § 44c, the following § 44d is inserted: " § 44d rules governing the establishment of the unity of Germany (1) For the purposes of the application of § 2 (2) sentence 6 and (4) sentence 3, the first half-sentence shall be subject to the provisions of the Federal Drawing Money Act the corresponding provisions which apply in the area referred to in Article 3 of the Agreement of Education shall be the same. (2) By way of derogation from § 3 (2) to (4), the beneficiaries shall be entitled to child benefit for their children in December 1990 in the Article 3 of the agreement referred to in Article 3 of the Agreement on the Rights of the Child, which also includes child benefits for these children for the following period as long as they maintain their residence or habitual residence in that territory and the children continue to fulfil the conditions of their consideration. Section 3 (2) to (4) shall be applied only for the period from the beginning of the month in which a request addressed to the competent authority has been received; the person entitled to this shall be subject to the payments made in accordance with the first sentence of this month. (3) For the purposes of the application of Section 8 (1), first sentence, no. 1, entitlement to a child's supplement to a pension from the statutory pension or accident insurance in the territory referred to in Article 3 of the Agreement of Unity shall remain until 31 December 1991 (4) For the performance years 1991 and 1992, the application of Section 11 (3) shall be compared with Persons who have had their habitual residence in the territory referred to in Article 3 of the Agreement during the vast majority of the previous year, and shall be excluded from the territory of the territory of the Member State concerned, and do not live separately from their spouse, only if the sum of the periods of residence of both spouses has exceeded twelve months. In relation to those beneficiaries,

1.

for the 1991 performance year, in accordance with Section 11 (4); however, at the request of the beneficiary, undiminishing child benefits shall be paid without the credibility of the expected income under the reservation of the recovery;

2.

for the 1992 performance year, subject to § 11 (4), the income of the year 1991 shall be decisive; as long as this is not yet finally established, undiminishing child benefits shall be paid without the credibility of the income under the reservation of the Recovery paid; § 11 (3) sentences 4 to 6 shall apply accordingly.

(5) For the 1991 performance year, persons entitled to a residence or habitual residence in the territory referred to in Article 3 of the Agreement shall be entitled to the allowance for child benefit pursuant to Article 11a (8), on request, without the credibility of the (6) By way of derogation from Article 15 (1), the child benefit for the months of January to March 1991 shall be the person entitled to the child benefit in the territory referred to in Article 3 of the agreement. are employed other than one of the employers referred to in Article 45 (1) (a), first sentence, for the children for which they had to pay child benefit in the said area for December 1990, by the employer on the basis of the payout cards available to them in the amount resulting from § 10 (1) plus one child per month 48 DM supplement Subject to subsequent examination of the claim by the competent body in accordance with § 15 (1), § 11 para. 3 sentences 5 and 6 shall apply. The employer shall take the amounts to be paid out of the payroll tax which he has retained for his employees as a whole and shall state separately in the payroll declaration in a sum. If the amount to be paid in the case of a child's cash payment exceeds the amount to be deducted from the total payroll tax, the exceeding amount shall be paid to the employer upon application by the tax office to which the payroll tax is to be deducted from the Wage tax revenues are replaced. The financial authorities shall calculate the child's money paid by the employers with the employment office responsible for their registered office. (7) The Central Register of inhabitants in the area referred to in Article 3 of the agreement After the date of accession, the Federal Labour Office shall immediately transmit the following data of all residents, to whose person data are stored in the register of data of minor children, and of these children: 1. Pre-and family names, previous names and academic grade2. Apartment, in several of the main dwelling 3. Day of birth. Sex 5. Nationality 6. The Bundesanstalt may only use the data transmitted to create a file on possible payees in the area referred to in Article 3 of the agreement and to transfer it to the territory of the Federal Republic of Germany by sending application forms to the To enable them to assert their claims. It shall immediately delete the data of the inhabitants who have not submitted a request by 31 March 1991 and their children. "

d)

Section 44d (7) enters into force with the effective date of accession. The other amendments referred to in (a) to (c) shall enter into force on 1 January 1991.

2.

Federal Drawing Money Act, as amended by the Notice of 25 July 1989 (BGBl. I p. 1550)

a)

Section 1 (4) shall be as follows: " (4) entitlement to parental leave shall also be deemed to have been

1.

Member of a Member State of the European Communities or

2.

Border crossers from Austria, Poland, Switzerland or Czechoslovakia

an employment relationship within the scope of this Act, in which the weekly working time exceeds the limit for small occupations in accordance with Article 8 of the Fourth Book of Social Code, and satisfies the conditions laid down in paragraph 1 (2) to (4). "

b)

In Article 15 (1), the following sentence is inserted after the first sentence: "entitlement to parental leave shall also be entitled to the persons referred to in § 1 (4) whose weekly working time is lower than the limit for small occupations."

Unofficial table of contents

Annex I Kap X H III Annex I, Chapter X
Area H-Family and social affairs
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty with the following measures:

1.

up to 11. (no longer apply)

12.

Home Law as amended by the Notice of 23 April 1990 (BGBl. 763, 1069), subject to the following conditions: home conditions which exist when the accession becomes effective, shall be governed by the new law from that date.

13.

Regulation of Minimum Buildings in the version of the Notice of 3 May 1983 (BGBl. 550) with the following proviso: the date of entry into force of the Regulation shall apply to the calculation of the time limit laid down in Article 30 (1), second sentence, as the date for the entry into force of the Regulation.

14.

Ordinance on the participation of residents of the elderly, homes for the elderly and nursing homes for full-year persons in matters of home affairs of 19 July 1976 (BGBl. 1819) with the following conditions: home committees under the Regulation on public holidays and nursing homes of 1 March 1978 (GBl). No 10 p. 128) are considered to be home councils within the meaning of the Regulation.

15.

(no longer apply)

Unofficial table of contents

Annex I Kap XI Annex I, Chapter XI
Division of the Federal Minister of Transport

(Found in Annex I of the EinigVtr-BGBl. II 1990, 1098-1113) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification of Annex I Kap XI)-All documents relating to Chapter XI of Annex I shall be issued,

b)

subject-related (e.g. B. Unification of Annex I Kap XI G)-All documents relating to the subject-matter G of Chapter XI of Annex I-

c)

section-related (e.g. B. Unification of Annex I Cape XI G III)-The document shall be issued in section III of Section III of Chapter XI of Annex I,

Unofficial table of contents

Annex I Kap XI A III Annex I, Chapter XI
Area A-Rail transport
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

(no longer apply)

2.

Law on the property law of the German Federal Railways in the adjusted version published in the Bundesgesetzblatt, Part III, No. 931-2, with the following proviso: For § 1, the provisions of Article 26 (1) and 2 of the Treaty.

3.

to 7. (no longer apply)

8.

Railway signalling system 1959 of 7. October 1959 (BGBl. 1021), as last amended by the Regulation of 7 July 1986 (BGBl). 1012), with the following proviso: Section C No 2 of the Annex is extended to include the signals from Section B of the DV 301 of the Deutsche Reichsbahn, introduced with the approval of the Minister of Transport, of 16 September 1970, valid from 1. October 1971.

9.

Regulation on compensation for public services in the railway sector of 2 August 1977 (BGBl I). 1465), as amended by the Regulation of 30 June 1989 (BGBl I). 1273), with the following proviso: the Regulation shall be applied only from 1 January 1992.

10.

The application of the Regulations under points 6 to 8, in particular the establishment of new installations and the substantial modification of existing installations and vehicles, shall be accompanied by a harmonisation of the rules.

11.

In so far as individual provisions of the legislation referred to in points 1 to 9 cannot be used, or are not directly applicable, in the light of particular circumstances, they shall apply mutatily to the Deutsche Reichsbahn. The same applies to other federal laws and regulations which provide for special regulations for the Deutsche Bundesbahn (German Federal Railways).

Unofficial table of contents

Annex I Kap XI B I Annex I, Chapter XI
Area B-Road transport
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:
Maximum Number Regulation GüKG of 9 December 1986 (BGBl. 2452), as amended by the Regulation of 5 December 1989 (BGBl I). 2131). Unofficial table of contents

Annex I Kap XI B III Annex I, Chapter XI
Area B-Road transport
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

Road Traffic Act in the revised version published in the Federal Law Gazette, Part III, No. 9231-1, as last amended by the Law of 28 January 1987 (BGBl. 486), with the following measures:

a)

to h) (not to be used)

i)

§ § 7 to 20 of the Road Traffic Act shall apply only to such damage events which have occurred after the effective date of accession.

2.

Road traffic permit order in the version of the notice of 28 September 1988 (BGBl. 1793), as last amended by the Regulation of 23 July 1990 (BGBl I). 1489), with the following measures:

(1)

up to (11) (no longer applicable)

(12)

Driving licences issued in accordance with the previous patterns of the German Democratic Republic, including those of the National People's Army, remain valid.

(13)

up to (18) (no longer applicable)

(19)

The following provisions are not applicable: § § 14a, 15l (2), § 23 (2) sentences 7 and 8, Section D of Appendix IV.

(20)

(no longer apply)

(21)

Mopeds and bicycles with auxiliary motor as defined in the previous regulations of the German Democratic Republic shall be considered as mopeds and bicycles with auxiliary motor in accordance with § 18 para. 2 no. 4, if they are first placed on the market until 28 February 1992 have come.

(22)

Motorised ambulances within the meaning of the previous regulations of the German Democratic Republic are considered to be machine-driven ambulance chairs in accordance with § 18 para. 2 no. 5, if they have been on the market for the first time until 28 February 1991.

(23)

General operating permits issued in accordance with the provisions of the German Democratic Republic to date shall be deemed to have been correct within the meaning of section 19 (1) if the vehicles manufactured on the basis of such operating licences are valid until 30 June 1994. be put on the market for the first time.

(24)

Subsequent to general operating licences within the meaning of point 23 are permitted only until the expiry of the validity of the respective type-approval. Renewals of operating licences may only be approved until 31 December 1991.

(25)

Individual company permits issued under the provisions of the German Democratic Republic to date shall be deemed to be in accordance with the provisions of section 19 (1) if the vehicles in question are first placed on the market by 31 December 1991 at the latest. be brought.

(26)

In accordance with the provisions of the Convention of 20 March 1958 (GBl), the German Democratic Republic (DPRD). 32, 1987 p. 24), the terms and conditions agreed for equipment or parts of vehicles shall be deemed to be in accordance with the provisions of Section 21a.

(27)

Type-approval granted under the provisions of the German Democratic Republic to date shall be deemed to be in accordance with § 22a if, in accordance with this provision, they would be subject to the type-approval requirement, or-without Component type-approval requirement-considered to be in accordance with § 22.

(28)

up to (37) (no longer applicable)

(38)

In the case of vehicles which have been subjected to an abgassone examination in accordance with the previous regulations of the German Democratic Republic, the first investigation according to § 47a must be carried out not later than one year after the date of the German Democratic Republic's Democratic Republic has been investigated.

(39)

In the case of vehicles which have not yet been subjected to an exhaust-gas special examination, the first examination according to § 47a shall be carried out no later than in the year and in the month which is relevant for the next prescribed main investigation in accordance with § 29.

(40)

By way of derogation from Section 47b, recognition shall be valid until 30 June 1991 in accordance with the provisions of the German Democratic Republic.

(41)

§ § 35, 56 (2) No. 6 shall apply to vehicles for the first time coming into circulation as from 1 July 1991.

(42)

§ 57a shall apply to vehicles for the first time coming into circulation as from 1 January 1991.

(43)

Vehicles which have been placed on the market for the first time in compliance with the provisions of the German Democratic Republic on Construction, Operation and Equipment until 31 December 1990 shall continue to be considered to be in accordance with the requirements of the Regulation

1.

comply with § 35a (7) to (9) (insofar as appropriate anchorages are available), § § 35g, 35h, 36 (2a) sentence 2 and 3, § 41 (14) and § § 53a and 54b, no later than the next prescribed primary examination (§ 29),

2.

by 1 July 1991 at the latest, the provisions of Section 56 (3), § 57a, 58,

3.

by 31 December 1997 at the latest by the provision of section 41 (17).

(44)

The first aid material prescribed in accordance with the previous regulations of the German Democratic Republic shall be deemed to be correct in accordance with § 35h. The fire extinguishers prescribed in accordance with the previous regulations of the German Democratic Republic shall be deemed to have been prescribed in accordance with § 35g and the provisions of the German Democratic Republic under the previous provisions of the German Democratic Republic Warning triangles and warning lights as appropriate in the sense of Section 53a (1) and (2).

(45)

up to (47) (no longer applicable)

3.

Twenty-eighth regulation on derogations from the provisions of the Road Traffic Authorisation Order of 22 April 1981 (BGBl. 393), as amended by the Regulation of 14 June 1988 (BGBl I). 765), with the following conditions: it also applies to driving licences issued in accordance with the provisions of the German Democratic Republic to date of class T and to such driving licences.

4.

to 6. (no longer apply)

7.

Law of force of 22 December 1971 (BGBl. 2086), as last amended by the Law of 8 June 1989 (BGBl I). 1026), with the following proviso: the official recognitions which were carried out by 31 March 1991 in accordance with the previous law of the German Democratic Republic and which are to be considered as experts retain their validity and shall be deemed to have been valid as Proper recognition within the meaning of the Kraftfahrsachvergesetz (Kraftfahrsachinsurgesetz).

8.

Driving instructing law of 25 August 1969 (BGBl. 1336), as last amended by the Law of 8 June 1989 (BGBl I). 1026), with the following measures:

a)

to (d) (no longer apply)

e)

The driving school and branch office permits issued under the law of the German Democratic Republic (driving school support points) remain valid (§ § 11, 14, 21).

f)

The official recognitions issued by the German Democratic Republic (German Democratic Republic) remain valid (§ § 22, 29).

9.

up to 13. (no longer apply)

14.

The Road Traffic Order of 16 November 1970 (BGBl. I p. 1565, 1971 I p. 38), as last amended by the Regulation of 9 November 1989 (BGBl. 1976), with the following measures:

a)

to (c) (not to be applied)

d)

The sign 401-Bundesstraßennummernschild-within the meaning of § 12 (3) (8) (a) is the sign 306-Vortract-Straße-equal.

e)

(no longer apply)

f)

For existing light signalling systems, the colour sequence GREEN-GREEN/YELLOW-YELLOW-RED-RED-RED-RED-RED is still permissible; the GREEN/YELLOW light sign then has the meaning of the GREEN light sign in the sense of § 37 para. 2 No. 1. For the light signalling systems which are newly erected or converted after the date of entry into effect, only the colour sequence in accordance with section 37 (2) shall be allowed.

g)

(no longer apply)

h)

In addition to the traffic signs regulated in § § 39 to 43, the traffic signs of Appendix 2 of the Road Traffic Order remain on 26 May 1977 (GBl. 257), as last amended by the Regulation of 9 September 1986 (GBl). 417), which, in their execution, correspond to the meaning of the traffic signs regulated in § § 39 to 43. The provisions of § § 39 to 43.The traffic signs listed in Appendix 2 to the road traffic order of the German Democratic Republic up to the date of entry into effect of the accession shall not be subject to the provisions of Sections 39 to 43. A hint character is valid.

15.

to 18. (no longer apply)

Unofficial table of contents

Annex I Kap XI C II Annex I, Chapter XI
Subject C-Aeronautics
Section II

Federal law is amended as follows:
Regulation on the charging of charges for the use of air traffic control services and facilities during the boarding and departure of 28 September 1989 (BGBl. I p. 1809)
According to the word "airports" the words "Berlin-Schönefeld,", after the word "Bremen" the word "Dresden,", after the word "Düsseldorf" the word "Erfurt," and after the words "Köln/Bonn" the word "Leipzig," are inserted after the word "airports" in § 1 paragraph 1. Unofficial table of contents

Annex I Kap XI C III Annex I, Chapter XI
Subject C-Aeronautics
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

Air Transport Act as amended by the Notice of 14 January 1981 (BGBl. 61), as last amended by Law of 28 June 1990 (BGBl). 1221), with the following measures:

a)

§ § 33 to 56 shall apply only to such damage events which have occurred after the effective date of accession.

b)

(no longer apply)

2.

(no longer apply)

3.

(no longer apply)

4.

(no longer apply)

Unofficial table of contents

Annex I Kap XI D II Annex I, Chapter XI
Area D-Maritime transport
Section II

Federal law shall be repealed, amended or supplemented as follows:

1.

Maritime Accident Investigation Act of 6 December 1985 (BGBl. 2146), as amended by the Law of 16 December 1986 (BGBl I). I p. 2441)

a)

In § 5 paragraph 1 sentence 2, the words "and Kiel" are replaced by the words ", Kiel and Rostock".

b)

Section 12 (2) sentence 2 and section 14 (4) sentence 3 shall be repealed.

c)

The following paragraph 8 shall be added to Article 19: " (8) certificates of competency, seamen and licences issued for recreational craft issued by a competent authority of the German Democratic Republic shall be deemed to be subject to the provisions of this provision Authority of the Federal Republic of Germany, unless the maritime accident has occurred before the date of entry into force of the territory referred to in Article 3 of the Unification Treaty. "

2.

Regulation on the implementation of the Law on the Law of the Sea of 5 June 1986 (BGBl. 860) In Section 1 (4), the point at the end is replaced by a semicolon, and the following point 5 is added:

" 5.

the Maritime Office of Rostock for maritime accidents which have occurred in the area of responsibility of the Stralsund and in the adjacent ports. "

3.

General Lots Ordinance of 21 April 1987 (BGBl. I p. 1290) In § § 1 and 3 no. 2 the word "and" is replaced by a comma after the word "Trave", and it is added after the words "Flensburger Förde" in each case: "Wismar, Rostock and Stralsund".

4.

Seeschiffahrtsstraße-Order in the version of the Notice dated 15 April 1987 (BGBl. 1266), as amended by Regulation of 8 August 1989 (BGBl I). I p. 1583), in Annex I, Section I-visible signs-the subsection B 9-designation of the border with the German Democratic Republic in the Bay of Lübeck-shall be repealed.

5.

Regulation on the crew of vessels flying the flag of the 28th October 1981 (BGBl. 1163), as amended by Regulation of 20 March 1985 (BGBl I). 585), Section 1, second sentence, is taken as follows: "The rules of international law governing the peaceful passage through the territorial sea remain unaffected."

Unofficial table of contents

Annex I Kap XI D III Annex I, Chapter XI
Area D-Maritime transport
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

(no longer apply)

2.

(no longer apply)

3.

(no longer apply)

4.

(no longer apply)

5.

(no longer apply)

6.

(no longer apply)

7.

Ship Safety Ordinance of 8 December 1986 (BGBl. 2361), as amended by the Regulation of 26 June 1987 (BGBl I). I p. 1570), with the following measures:

a)

(no longer apply)

b)

In the case of shipbuilding, the keel of which was laid down in the territory referred to in Article 3 before the date of entry into effect, the requirements of this Regulation shall be deemed to have been fulfilled in the version valid on that date, provided that these shipbuilding works have so far been applied to they comply with applicable rules and technical rules.

8.

(no longer apply)

9.

Ship's surveying regulation of 5 July 1982 (BGBl. 916, 1169), as last amended by the Regulation of 3 September 1990 (BGBl). 1993), with the following measures: for ships entitled to accession to the control of the national flag of the German Democratic Republic, as well as for sports and amusement vehicles which until the date of entry into force of the accession date in accordance with a simplified procedure, the letters of measurement and officially issued certificates of surveying shall be deemed to be the letters and certificates referred to in § 9, provided that a request is made within three months of the date of entry into effect of the date of accession. shall be made subject to the granting of a new certificate within the meaning of § 9. In this case, the grant is free of charge.

10.

Sportbootführlicence-See of 20 December 1973 (BGBl. 1988), as last amended by the Regulation of 8 August 1989 (BGBl I). 1583), with the following measures:

a)

The certificates issued and valid for the management of recreational craft shall be considered to be a sports boat licence within the meaning of this Regulation.

b)

The private organisations in the area referred to in Article 3 of the Treaty for the exercise of water sports in the maritime sector shall be involved in the performance of tasks in accordance with Articles 4 and 6, provided that the necessary conditions are met.

11.

Setagebuchverordnung vom 8. February 1985 (BGBl. 306), with the following conditions: ship diaries and machinery diaries carried on board by ships of the German Democratic Republic may be used as a digestation for at least one year after the date of entry into force of the date of accession; For the purposes of the Regulation.

12.

(no longer apply)

13.

Ship Occupation Ordinance of 4 April 1984 (BGBl. 523), as last amended by the Regulation of 18 December 1989 (BGBl I). I p. 2457), with the following measures:

a)

The ship ' s crews within the meaning of § 4 shall apply until the expiry of their period of validity, but not later than one year after the date of entry into force of the accession, including those issued under the previous provisions of the German Democratic Republic; and valid certificates concerning the composition of the ship's crew. Before the expiry of the said period, an application pursuant to § 4 shall be submitted for the granting of a ship's certificate. In this case, the grant is free of charge.

b)

Certificates and other qualifications issued by captains, ship officers and others before the date of entry into force of accession in accordance with the provisions of the German Democratic Republic to date Crew members for the occupation of ships shall be considered to be certificates of competency and qualification evidence in accordance with this Regulation.

14.

Decree of 11 February 1985 (BGBl). 323), as amended by Regulation of 18 December 1989 (BGBl I). I p. 2457), Ship Mechanics Training Regulation of 24 March 1983 (BGBl. 338), as last amended by the Regulation of 23 March 1988 (BGBl I). 402), and the Maritime Safety Ordination of 18 April 1978 (BGBl I). 514) with the following measures:

a)

The provisions of the Regulations, which require organisational changes in the area of education and training, will not be applied until the conditions are met.

b)

As proof of qualifications within the meaning of the Shipbuilding Regulation, the corresponding provisions and valid certificates, certificates and certificates of qualification shall also apply before the date of accession. with the powers associated with it.

c)

The qualifications acquired before the date of accession in accordance with the provisions of the German Democratic Republic to date shall, in the case of application of the Regulations, be considered by the competent authority as admission requirements for the purposes of this Regulation. Regulations are recognised accordingly.

15.

Regulation on the provision of health care on the part of the commercial vehicle of 25 April 1972 (BGBl I). 734), as amended by Regulation of 8 December 1987 (BGBl I). 2553), with the following measures:

a)

In the case of ships entitled to the control of the national flag of the German Democratic Republic or laid down in the territory referred to in Article 3 of the Treaty at the date of the date of accession to the territory of the German Democratic Republic, the provisions of the The second section, in so far as it complies with the previous provisions of the German Democratic Republic, is considered to be fulfilled; moreover, the Maritime Trade Association may order changes in the adaptation of the ships to the provisions of this Regulation.

b)

The certificates of medical ship equipment issued before the date of accession in accordance with the provisions of the German Democratic Republic to date shall be considered as certificates within the meaning of this Regulation until the expiry of the period of validity of the certificates. accordingly.

16.

Regulation on the suitability of the sea services of 19 August 1970 (BGBl. 1241), as amended by the Regulation of 9 September 1975 (BGBl I). 2507), with the following proviso: the health certificates issued before the date of accession in accordance with the provisions of the German Democratic Republic to date shall be regarded as certificates within the meaning of this Regulation until the expiry of the period of validity of the certificates.

17.

Seamen's Ordinance of 21. October 1981 (BGBl. 1146) with the following conditions: the model rolls issued in accordance with the previous regulations of the German Democratic Republic shall be valid no later than one year and the valid navigation books shall be valid no later than three years after the date of entry into force of the accession to the European Union. shall be closed and replaced by seagoing books and sample rolls in accordance with this Regulation. On request, the seamen's offices shall include in these documents a note indicating their provisional validity within the meaning of this Regulation.

18.

Regulation on the transmission of commercial documents to foreign bodies of 14 December 1966 (BGBl. 1542) with the following proviso: the permit requirement is also subject to the transmission of documents relating to the shipping business prior to the date of entry into force of the accession.

Unofficial table of contents

Annex I Kap XI E III Annex I, Chapter XI
Area E-Inland waterways and waterways
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

to 4. (no longer apply)

5.

(dropped)

6.

Sportbootführlicence-Binnen vom 22. März 1989 (BGBl. 536, 1102), with the following measures:

a)

The certificates issued in accordance with the provisions of the German Democratic Republic to date shall be considered to be a sports boat licence within the meaning of this Regulation.

b)

(no longer apply)

c)

Section 8, second sentence, of this Regulation shall apply mutatily to the rewriting of certificates of competency.

d)

(no longer apply)

7.

(no longer apply)

Unofficial table of contents

Annex I Kap XI F III Annex I, Chapter XI
Field F-Road construction
Section III

(No longer to be applied) (Section III, No 1) Unofficial table of contents

Annex I Kap XI G II Annex I, Chapter XI
Area G-General traffic regulations
Section II

Federal law shall be amended or supplemented as follows:

1.

Municipal Transport Finance Act as amended by the Notice of 28 January 1988 (BGBl. I p. 100)

a)

The following paragraph 3 shall be added to § 2: " (3) In the Länder of Berlin, Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, paragraph 1 (1) to (4) shall also apply to the renewal of the project, in so far as the support of the project before 1 January It began in 1996. In the case of traffic routes referred to in point 2, the restriction shall not apply to compaction spaces or associated peripheral areas, as well as to the management of particular railway bodies. "

b)

In § 4 (1) sentences 1 and 2 as well as in Article 6 (2) sentence 5, the term "zone border area" shall be inserted after the word "and in the Länder of Brandenburg, Mecklenburg-Vorpommern, Sachsen, Sachsen-Anhalt and Thüringen".

c)

Section 10 (1) and (2) shall be read as follows: " (1) For projects to improve the traffic conditions of the municipalities in accordance with this Act, up to an amount of 3,280 million Deutsche Mark shall be used annually:

1.

90 of the hundreds of the additional income tax on mineral oil, which is based on Article 8 (1) of the Tax Amendment Act 1966 of 23 December 1966 (BGBl. 702),

2.

90 of the hundreds of the additional income tax on mineral oil, which is based on Article 1 (1) of the Transport Finance Act 1971 of 28 February 1972 (BGBl. 201), to the extent that it is available for the purposes of this Act in accordance with Article 3 of the Transport Finance Law 1971.

(2) From the means referred to in paragraph 1, the Federal Minister of Transport may take up an amount of 0.25 of the hundred, in consultation with the countries up to 0.50 of the hundred, for research purposes. In addition, the appropriations shall be used

1.

to 75.8 of the hundred for the countries of Baden-Württemberg, Bavaria, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein,

2.

to 24.2 of the hundred for the countries of Berlin, Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia.

In accordance with § 2 (1) (1) and (5) sentence 1 and the other projects pursuant to § 2 (1) and (11), 50 per 50 of the hundred of these funds are accounted for by projects. A necessary modification or transfer of other transport routes in connection with a project in accordance with § 2 shall be deemed to be part of this project. From the funds for other projects according to § 2 (1) No. 2 to 4, No. 5 sentence 2 and No. 6 and § 11 may

1.

the Länder of Baden-Württemberg, Bavaria, Bremen, Hamburg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Schleswig-Holstein in advance an amount of up to 100 million German marks,

2.

the Länder of Berlin, Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia in advance an amount of up to 50 million German marks

shall be made available for projects pursuant to § 2 para. 1 no. 6 in accordance with their shares pursuant to § 6 (2). The amount of these amounts shall be determined by the Federal Minister for Transport in consultation with the countries. "

d)

Section 11 (1) is amended as follows:

aa)

Sentence 2 shall be taken as follows: § 2 (1) and (2), § § 3, 4, 9, 10 (2) and § § 12 and 14 shall apply mutatily. "

bb)

The following sentence 3 shall be added: "The provisions of § 2 para. 3 shall apply to installations of existing suburban suburban trains."

e)

Section 12 (4) is as follows: "(4) In the Länder of Berlin, Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, paragraphs 1 to 3 shall not apply."

Unofficial table of contents

Annex I Kap XI G III Annex I, Chapter XI
Area G-General traffic regulations
Section III

(section III no longer applicable) Unofficial table of contents

Annex I, Chapter XII, Annex I, Chapter XII
Division of the Federal Minister for the Environment, Nature Conservation and Nuclear Safety

(Found in Annex I of the EinigVtr-BGBl. II 1990, 1114-1119) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification of Annex I Kap XII)-All documents relating to Chapter XII of Annex I shall be issued,

b)

subject-related (e.g. B. Unification of Annex I Cape XII (a)-All documents relating to subject area A of Chapter XII of Annex I shall be issued,

c)

section-related (e.g. B. Unification of Annex I Cape XII A III)-The document shall be issued in section III of Section A of Chapter XII of Annex I,

Unofficial table of contents

Annex I Kap XII A II Annex I, Chapter XII
Area A-Immission protection law
Section II

Federal law is amended as follows:
Federal Immission Protection Act, as amended by the Notice of 14 May 1990 (BGBl. I p. 880)

a)

Section 10 is amended as follows:

aa)

In accordance with the second sentence of paragraph 3, the following sentence shall be inserted: "In the territory referred to in Article 3 of the Agreement, objections may be raised only in writing during that period."

bb)

In paragraph 4, point 4, the point shall be replaced by a semicolon and the following point shall be added:

" 5.

to indicate in the territory referred to in Article 3 of the agreement that the decision on the objections shall be notified by means of a public notice. "

cc)

In paragraph 8, the following sentence shall be inserted after the first sentence: "In the territory referred to in Article 3 of the agreement, the notification of the approval certificate shall be effected, with the exception of the applicant, by public notice."

b)

The following § 10a is inserted: " § 10aAdministrative aid (1) In the case of annexes which require the approval pursuant to column 1 of the Annex to the Fourth Regulation implementing the Federal Immission Protection Act, the provisions of Article 3 of the agreement , the competent licensing authority, having examined whether the planned installation appears to be feasible on the basis of the existing land and planning situation, to give up the applicant, and to give an opinion of one of the competent authorities, Designated authority to fulfil the conditions of approval by the envisaged Annex. The Authority must be in the territory of the existing scope of the Basic Law. The approval authority shall take account of the opinion in the examination of the conditions of approval. (2) In the case of other installations requiring approval, an opinion may be required under paragraph 1 if this is due to the nature, quantity and (3) The provision of an opinion referred to in paragraph 1 may be waited if this is due to the circumstances of the Individual case, in particular due to the technical design of the planned installation or of the extent of the individual tests. (4) Where this is necessary for the performance of examinations, the applicant may be required to submit expert reports. "

c)

In accordance with § 67, the following § 67a is inserted: " § 67aOverline regulation resulting from the establishment of the unity of Germany (1) In the area referred to in Article 3 of the Unification Treaty, an installation requiring approval must be provided before 1 July 1990. , or the establishment of which was initiated before that date, shall be indicated to the competent authority within six months of that date. The indication shall be accompanied by a document of the nature, size and mode of operation. (2) In the area referred to in Article 3 of the agreement, the granting of a permit to establish and operate or to substantially alter the situation shall be: The nature or operation of a facility in need of approval shall not be failed because of the immission value being exceeded by the burden of immission, if:

1.

the additional burden is negligable and can be expected to be reduced significantly within five years from the date of approval, with a significant reduction in the immission load in the area of impact of the installation, or

2.

in connection with the project, installations are to be shut down or improved, thereby reducing the amount of the preload which is at least twice as large in annual appropriations as the additional burden caused by the new plant.

(3) As far as the Technical Instructions on Air Purpose of 27 February 1986 (GMBl. 95, 202) provide for the implementation of measures for the rehabilitation of old plants up to a certain date, the time limits for the area referred to in Article 3 of the agreement shall be extended by one year; the date on which the deadline shall begin shall be: of 1 July 1990. "

d)

The following sentence shall be added to Section 74: "§ 10a shall not enter into force on 30 June 1992."

Unofficial table of contents

Annex I Kap XII A III Annex I, Chapter XII
Area A-Immission protection law
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

(no longer apply)

2.

(dropped)

3.

(no longer apply)

4.

(no longer apply)

5.

(no longer apply)

6.

(no longer apply)

Unofficial table of contents

Annex I Kap XII B II Annex I, Chapter XII
Area B-Nuclear safety and radiation protection
Section II

Federal law is amended as follows:

1.

Atomic Act, as amended by the Notice of 15 July 1985 (BGBl. 1565), as last amended by Article 4 of the Law of 14 March 1990 (BGBl I). 478) In accordance with § 57, the following § 57a is inserted: " § 57aOverline system for the purpose of establishing the unity of Germany (1) For authorisations granted up to 30 June 1990 in the territory referred to in Article 3 of the Unification Treaty, authorisations granted and authorisations shall apply as follows:

1.

Authorisations and permits for nuclear power stations shall be issued on 30 June 1995, for the transport of radioactive substances with the expiry of 30 June 1992 and all other authorisations, permits and authorisations with the expiry of 30 June 2000 where the licences, permits and authorisations referred to above are not subject to a shorter limit; the authorisations, licences and authorisations shall be deemed to be authorisations in accordance with the relevant authorisations, licences and authorisations. The provisions of this Act and the regulations adopted pursuant to this Act shall continue. An authorisation to substantially alter an installation or its operation within the meaning of section 7 (1) shall be without prejudice to an authorisation pursuant to sentence 1 in so far as the authorisation relates to parts of the installation which are not affected by the amendment.

2.

In the case of authorisations valid for a limited period in accordance with point 1, § 18 shall not apply if the marketing authorisation holder is a legal entity to which the law on the privatization and reorganisation of the national assets (trust law) of the Germans is Democratic Republic of 17 June 1990 (GBl. I n ° 33 p. 300).

3.

In the case of the conversion of legal entities under the trust law of the German Democratic Republic, licences, permits and authorisations shall be continued with the time limits set out in point 1, in so far as an arrangement of the continuation at the time of the conversion shall continue. the accession date has not yet taken place; the competent authority shall have an appropriate time to consider whether the new holder will continue to do so through organisational measures and through the provision of factual and personal resources; the establishment and operation of the plant or the activity. § 18 shall not apply.

(2) shipments of radioactive substances which have so far not been authorised in the territory referred to in Article 3 of the Agreement shall be subject to the approval requirements of this Act and to the provisions of this Act as from 1 July 1992. shall be adopted. '

2.

Radiation protection regulation as amended by the Notice of 30 June 1989 (BGBl. I p. 1321, 1926), as amended by Regulation of 3 April 1990 (BGBl. 607) According to § 89, the following § 89a is inserted: " § 89aOverline regulation on the occasion of the manufacture of the unit DeutschlandsThe regulations of § 1 para. 1 no. 1, § 3 para. 3 and § 29 para. 1 sentence 1, para. 2 sentence 1 and para. 6 for the search, The extraction and treatment of radioactive mineral resources shall not be applied in the area referred to in Article 3 of the Agreement. "

3.

Radiation Protection Act of 19 December 1986 (BGBl. 2610), as amended by Article 3 (1) of the Law of 9. October 1989 (BGBl. 1830) The following paragraph 9 is added to Article 11: " (9) The determination of the environmental radioactivity derived from mining activities in the presence of natural radioactive substances is to be found in the area referred to in Article 3 of the Agreement on the Environment The Federal Office for Radiation Protection shall be responsible for the purposes of § 2. "

Unofficial table of contents

Annex I Kap XII C III Annex I, Chapter XII
Area C-Water management
Section III

(No longer to be applied) (Section III No 1 to 4) Unofficial table of contents

Annex I Kap XII D II Annex I, Chapter XII
Field D-Waste management
Section II

Federal law is amended as follows:
Waste Law of 27 August 1986 (BGBl. 1410, 1501), as last amended by Article 2 of the Law of 11 May 1990 (BGBl I). I p. 870)

a)

In accordance with § 8, the following § 8a is inserted: " § 8aExamination of the admission requirements (1) In the area referred to in Article 3 of the agreement, the competent planning authority shall be responsible for investments which require the planning of the plan pursuant to Article 7 (1) of the Agreement. after having examined whether the planned installation appears to be feasible on the basis of the existing land and planning situation, to give up the applicant, an opinion of a authority designated by it for the purpose of carrying out the to apply the conditions of admission to the planned installation; the Authority must: The scope of the Basic Law lies. The planning authority has to take into account the opinion in the examination of the admission requirements. (2) In the case of other installations requiring approval pursuant to § 7 para. 2, an opinion pursuant to paragraph 1 may be required if this is due to the nature, quantity and hazards of the emissions from the planned installation or because of the technical characteristics of that installation is necessary. (3) The provision of an opinion under paragraph 1 may be waited if this is due to: the circumstances of the individual case, in particular on account of the technical interpretation of the (4) Insofar as this is necessary for the performance of examinations, the applicant may be required to submit expert reports. (5) objections within the scope of the Admission procedures can only be made in writing within the time limit laid down by law. The notification of the approval pursuant to § 7 (1) shall be effected by means of a public notice. "

b)

In accordance with § 9, the following § 9a is inserted: " § 9aAmending orders (1) In the area referred to in Article 3 of the agreement, the competent authority may be responsible for stationary waste disposal facilities operated before 1 July 1990, or with the establishment of which was commenced, the setting-up, conditions and conditions for the establishment and operation of such facilities. The second sentence of paragraph 9 shall apply. (2) Existing installations referred to in the first sentence of paragraph 1 shall be notified to the competent authority by 31 December 1990. In so far as an operator cannot be identified, the competent authority shall be subject to constitutional and notifiable disclosure. The display shall be accompanied by documents relating to the type, scope and mode of operation. "

c)

In accordance with § 10, the following § 10a is inserted: " § 10aStating of existing waste disposal facilities (1) In the area referred to in Article 3 of the agreement, the owner of an existing waste disposal facility according to § 9a has its intended set-aside to notify the competent authority without delay. § 9a (2) sentence 2 shall apply mutagenally. (2) The notification referred to in paragraph 1 shall be accompanied by documents relating to the nature, scope and mode of operation, as well as the intended recultivation and other measures for the protection of the welfare of the general public. (3) § 10 para. 2 and 3 shall apply accordingly. (4) In the case of waste disposal facilities which have been shut down before 1 July 1990, Section 9a (2) shall apply accordingly. Sentence 1 shall apply in accordance with Section 10 (3). "

d)

In accordance with § 31, the following § 32 is inserted: "§ 32External force § 8a (1) to (4) shall not apply on 30 June 1992."

Unofficial table of contents

Annex I Kap XII E III Annex I, Chapter XII
Field E-Chemicals Law
Section III

(No longer apply Section III No 1 to 3) Unofficial table of contents

Annex I Kap XII F III Annex I, Chapter XII
Area F-Nature Conservation and Landscape Management
Section III

(section III no longer applicable) Unofficial table of contents

Appendix I Kap XIII Annex I, Chapter XIII
Division of the Federal Minister for Post and Telecommunications

(Found in Annex I of the EinigVtr-BGBl. II 1990, 1120-1121) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification of Annex I Kap XIII)-All documents relating to Chapter XIII of Annex I shall be issued,

b)

subject-related (e.g. B. Unification of Annex I Cape XIII (a)-All documents relating to subject area A of Chapter XIII of Annex I shall be issued,

c)

section-related (e.g. B. Unification of Annex I Cape XIII A III)-The document shall be issued in section III of Section A of Chapter XIII of Annex I,

Unofficial table of contents

Annex I Kap XIII A II Annex I, Chapter XIII
Area A-Postal constitutional law
Section II

Federal law shall be amended or repealed as follows:

1.

Postconstitutional Law of 8 June 1989 (BGBl. I p. 1026):

a)

Section 32 (1) sentence 2 is read as follows: "It consists of an equal number of representatives of the German Bundestag and of the Federal Council, with the number of the Federal Council representatives corresponding to the number of countries."

b)

The special regulations relating to Berlin in § 1 (3), § 2 (3), § 46 (2), § 47 (1) sentence 1 no. 2 and sentence 3 as well as § 61 sentence 2 no. 1 are hereby repealed.

Unofficial table of contents

Annex I Kap XIII A III Annex I, Chapter XIII
Area A-Postal constitutional law
Section III

(No longer to be applied) (Section III, No 1) Unofficial table of contents

Annex I Kap XIII B I Annex I, Chapter XIII
Area B-Postal
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

Postcode of 16 May 1963 (BGBl. 341), as last amended by the Regulation of 23 June 1989 (BGBl I). I p. 1158)

2.

Postal charges order of 10 August 1988 (BGBl. 1575), as amended by the Regulation of 23 June 1989 (BGBl I). I p. 1158, 1279)

3.

Post-term order of 9 September 1981 (BGBl. 950), as last amended by the Regulation of 17. October 1988 (BGBl. P. 2065)

4.

Regulation of the European Union for the Postal and Postal October 1988 (BGBl. 2067), as amended by Regulation of 15 September 1989 (BGBl). I p. 1743)

5.

International Code of Fees of 15 August 1988 (BGBl. I p. 1593, 1751; 1989 I p. 343)

6.

Post-giro order of 5 December 1984 (BGBl. 1478), as last amended by the Regulation of 22 March 1989 (BGBl I). I p. 541)

7.

Post-giro-fee order of 5 December 1984 (BGBl. 1484), as last amended by the Regulation of 23 June 1989 (BGBl I). 1164)

8.

Postsparkassenordnung vom 24. April 1986 (BGBl. 626), as amended by Regulation of 22 March 1989 (BGBl I). I p. 546)

9.

Ordinance of 6 July 1978 (BGBl. I p. 979)

10.

The Ordinance of the Ordinance of 6 July 1978 (BGBl. I p. 980)

11.

Field Postal Ordinance of 6 July 1978 (BGBl. I p. 982)

12.

Datapost regulation of 20 December 1984 (BGBl. I p. 1687)

13.

Ordinance on Postal and Telecommunications with the German Post of the German Democratic Republic of 4 June 1976 (BGBl. 633), as last amended by the Regulation of 1. October 1981 (BGBl. 1109)

14.

Ordinance on postal and telecommunications charges with the German Post of the German Democratic Republic of 4 June 1976 (BGBl. 1400), as last amended by the Regulation of 26 June 1989 (BGBl I). I p. 1260).

Unofficial table of contents

Annex I Kap XIII B III Annex I, Chapter XIII
Area B-Postal
Section III

(No longer to be applied) (Section III, No 1) Unofficial table of contents

Annex I Kap XIII C III Annex I, Chapter XIII
Area C-Telecommunications
Section III

(No longer to be applied) (Section III, No 1 and 2) Unofficial table of contents

Annex I Kap XIV Annex I, Chapter XIV
Division of the Federal Minister for Spatial Planning, Construction and Urban Development

(Found in Annex I of the EinigVtr-BGBl. II 1990, 1122-1128) The text of the chapter is broken down into sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification of Annex I Cape XIV)-All documents relating to Chapter XIV of Annex I shall be issued,

b)

section-related (e.g. B. United Vtr Appendix I Cape XIV III)-The document is issued in section III of Chapter XIV of Annex I,

Unofficial table of contents

Annex I Kap XIV I Annex I, Chapter XIV
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be exempt from:

1.

Law of action on the Construction Code of 17 May 1990 (BGBl. 926), unless the provisions of this Act are declared applicable in § 246a of the Construction Code.

2.

Law on the permanent social improvement of the housing situation in the Land of Berlin of 14 July 1987 (BGBl. I p. 1625).

Unofficial table of contents

Appendix I Kap XIV II Annex I, Chapter XIV
Section II

Federal law is supplemented as follows:

1.

Construction Code in the version of the Notice of 8 December 1986 (BGBl. 2253), as amended by Article 21 (5) (5) of the Law of 25 July 1988 (BGBl I). (1) Until 31 December 1997, the following measures shall apply in the territory referred to in Article 3 of the Unification Treaty:

1.

§ 1 (4) sentence 2, § 4 (3) and § 5 (1) sentence 3 of the German Democratic Republic's Construction Planning and Authorisation Ordinance of 20 June 1990 (German Democratic Republic of Germany) (GBl. I p. 739). Section 2 (4) of the German Democratic Republic of the Democratic Republic of Germany is to be applied with the proviso that the following sentence is given in the second sentence: " The right of the congregations to hire other persons or bodies suitable for the purpose of the planning and the registration of the public, remains unaffected. "

2.

§ 2 (6) of the Construction Planning and Admission Ordinance of the German Democratic Republic is to be applied with the proviso that in sentence 1 "or the place designated by him" is deleted; the provision is to § 204 para. 1 shall apply accordingly.

3.

§ 8 (2) to (4) of the Regulation of the German Democratic Republic (German Democratic Republic) is to be applied in accordance with § 8 (2) to (4) of the German Democratic Republic, with the proviso that the first sentence of Section 8 (4) of the sentence " 1. within a the period of five years after the entry into force of this Regulation, " and paragraph 2 shall be deleted.

4.

(Duty of approval of the statutes) Statutes according to this code, including the statutes pursuant to points 6, 8 and 13, require the approval of the higher administrative authority; § 6 para. 2 and 4 shall apply accordingly. The granting of the approval of the development plan is to be published in a local language. Other statutes shall be published together with the grant of the permit; the notice may also be made in the appropriate application of § 12, sentence 2 to 5. In the cases of § 13 (1) sentence 1 and § 143 (3), no authorisation is required; in the case of § 17 (1) sentence 3, para. 2 and 3, the approval of the higher administrative authority shall be required.

5.

§ 12 (1) sentence 2 of the German Democratic Republic of Germany's Construction Planning and Admissions Ordinance is to be applied with the proviso that an authorisation may only be denied if the use of the legal process is subject to the use of a The exception pursuant to section 14 (2) could not be granted. In Article 17 (1), in the first sentence, the word 'two' shall be replaced by the word 'three' and the word 'two-year period' shall be replaced by the word 'three-year period' in the second sentence. In Section 18 (1) sentence 1, the word 'four' shall be replaced by the word 'five'.

6.

§ 55 of the Construction Planning and Admission Ordinance of the German Democratic Republic is to be applied in accordance with the following measures:

a)

In paragraph 1, in the first sentence of the first sentence of paragraph 1, the following shall be taken as follows: "The congregation may, by statute, determine the admissibility of projects by way of derogation from § § 30, 31 and 33 to 35 of the Construction Code, if". In the third sentence of paragraph 1, 'Annex 1 to this Regulation' shall be replaced by 'Regulation adopted pursuant to Article 2 (5) of the Construction Code'. § 9 (8), § 31 (1) and § 36 of this Code, as well as § 4 (3) of the German Democratic Republic's Construction Planning and Admissions Ordinance, must be applied accordingly. A statute pursuant to Section 55 (1) of the German Democratic Republic's Construction Planning and Admission Ordinance shall be deemed to be a land-use plan for the purposes of partial approval.

b)

§ § 58 and 59 of the Construction Planning and Admission Ordinance of the German Democratic Republic are to be applied to statutes in accordance with § 55 of the German Democratic Republic's Construction Planning and Admission Ordinance, with the proviso that § 58 (1) sentence 1 No. 2 of the Construction Planning and Admission Ordinance of the German Democratic Republic shall also apply to the justification of the Articles of Association pursuant to Section 55 (1) of the Construction Planning and Admission Ordinance of the German Democratic Republic; § 216 shall apply.

c)

Decisions pursuant to Section 55 (1) of the Construction Planning and Admission Ordinance of the German Democratic Republic are decisions within the meaning of § 2 (1) sentence 1 of the Law on Environmental Impact Assessment; § 17 of the Law on the Environmental impact assessment must be applied accordingly.

7.

(Statutory pre-emption rights of the municipality) In the cases of § § 24 and 25, deviating from § 28 (2) sentence 2, the amount to be paid by the municipality is § 3 (3) of the Act of Measures of 17 May 1990 on the Construction Code (BGBl. I p. 926). This number shall be applied further to sales cases before 1 January 1998.

8.

(Admissibility of Projects) § 4 para. 2 sentence 1, para. 4 and 5, § 9 para. 3 and § 10 para. 3 sentence 1 of the Act of Measures to the Construction Code are to be applied.

9.

(Loss of confidence) Instead of § 39, the following provision shall be applicable: " If owners or in the exercise of their rights of use, other persons entitled to use have confidence in the stock of a legally binding development plan or on the basis of the following provisions: Effective accession of existing admissibility in accordance with § 34 Preparations for the realization of possible uses arising out of the development plan or from § 34, they may require appropriate compensation in money, insofar as the expenditure incurred by the establishment, amendment, amendment or repeal of a building plan of value. This also applies to charges in accordance with national or national law applicable to the development of the land. The first sentence shall also apply to reasonable costs and consideration for the acquisition of a land or other law entitling the acquisition of a land, where the use of the land is permitted under section 34 when the accession becomes effective and if the use of the land is not the confidence in the admissibility referred to in the first sentence shall be based on a building permit, an advance notice or a written declaration of the authority responsible for issuing the authorisation. If, in the case of the sentence 3, the consideration clearly exceeds the value of the traffic in a manner which can be seen in the legal traffic, the compensation shall be determined in accordance with the traffic value of the land (§ 194). § § 43 and 44 are to be applied accordingly. " § 42 (1) to (3) and (5) to (10) shall not apply to the benefits permitted in the event of the accession of the applicant pursuant to § 34.

10.

(Admissibility of expropriation) A statutes according to point 6 shall apply for the purpose of expropriation as a development plan in accordance with § 85 (1) no. 1, in order to make property in accordance with the provisions of the Articles of Association, which are made in the BebauPlan as a set according to § 9 may, for public purposes, be used or prepared for such use.

11.

(Development) Instead of § 124 § 54 of the Construction Planning and Admission Ordinance of the German Democratic Republic is to be applied. In the case of closure installations or parts of installations which have already been produced before the date of accession, a contribution may not be levied in accordance with this Code. [0060] Already produced closing systems or parts of the closure systems are the finishing plants or parts of the closure systems which have been completed in accordance with a technical extension program or in the local design of the building. Benefits which have been provided by contributors for the manufacture of closure installations or parts of installations shall be set off against the contribution of the final contribution. The national governments are authorized to adopt, if necessary, transfer regulations by means of a legal regulation.

12.

(Urban Development Renovation Measures) In addition to § 141, § 28 (4) of the Construction Planning and Admission Ordinance of the German Democratic Republic is to be applied. Section 142 (4) 2. Half-sentence shall not apply.

13.

§ § § 6, 7, 9 (3) and § 10 (3) of the Act of Measures to be applied to the Construction Code; § 15 (2) of the Act of Measures on the Construction Code is to be applied with the proviso that: the words "1 June 1995" shall be replaced by the words "1 January 1998".

14.

(Conservation record) In addition to § 172 (1) sentence 1 no. 2, § 43 (1) sentence 3 of the German Democratic Republic's Construction Planning and Admission Ordinance is to be applied. § 172 (4) sentence 2 shall not apply; Section 173 (2) shall also apply in the event of failure to grant a permit pursuant to section 172 (4).

15.

§ 8 of the Act of Measures to the Construction Code is to be applied; § 16 of the Act of Measures to the Construction Code is to be applied with the proviso that the words "1. June 1995" shall be replaced by the words "1 January 1998" .

16.

§ 50 (1) and § 51 (1) and (2) of the Construction Planning and Admission Ordinance of the German Democratic Republic are to be applied until the entry into force of a legal regulation in accordance with Section 199 (2) in the respective country; the The authorities in the county-free towns and districts in which the offices are to be set up may determine the authorities in each of the county-free towns and counties where this is not already the case in accordance with Section 53 of the Construction Plan and of the Authority. Regulation of the German Democratic Republic has been adopted.

17.

§ § 217 to 232 are to be applied with the proviso that the chambers of administrative law in the district courts and the Senate for administrative law are in charge of the district courts; for the Procedures shall be governed by the rules of the Administrative Court order. This does not apply to the Land of Berlin for the part in which the Basic Law has not yet been applied. § 217 shall also be applied to administrative acts in accordance with paragraphs 7 and 9.

18.

(Senior Management Authority) The tasks assigned to the higher administrative authority in accordance with this Code shall be exercised by the Government Plenipotentiaries in the districts until the Land Government has a jurisdiction rule.

Where reference is made to other provisions of this Regulation in the provisions of the German Democratic Republic's Construction Planning and Authorisation Regulation applicable pursuant to the first sentence of the first sentence of 1 to 18, the content of such provisions shall apply in the place of the same. Regulations of this Code; "Supervisory Authority" is to be replaced by "Higher Administrative Authority", "Minister for Construction, Urban Development and Housing Industry" by "Landesregierung". As far as the provisions of the Act of Measures are to be applied to the Building Code, these provisions shall apply by way of derogation from Article 1 of the Housing-Facilitation Act to 31 December 1997. Insofar as reference is made in this Code to provisions which do not apply in the territory referred to in Article 3 of the Agreement, the relevant provisions of the German Democratic Republic shall apply. Where such rules do not exist or if their application is contrary to the meaning of the referral, the rules to which reference is made shall apply. (2) On procedures which, in accordance with the measures referred to in paragraph 1, are to be applied until 31 December 1997 , the measures shall continue to be applied. The provisions of Article 8 (2) and (3) of the Construction Planning and Authorisation Regulation of the German Democratic Republic, to be applied in accordance with the first sentence of paragraph 1, point 3, shall continue to be applied in respect of part-land use plans after 31 December 1997. The first sentence of the first sentence of Article 4 (2) of the Law on the Law of the Construction Code to be applied in accordance with the first sentence of paragraph 1 of this Article shall apply to projects for which an application for authorisation has been submitted to the competent authority before 1 January 1998 and above that before 1 January 1998. It has not yet been decided in an unquestionable way by the end of January 1998. § 9 (3) of the Act of Measures to be applied in accordance with the first sentence of paragraph 1, no. 8 and 13, of the Building Code and the § § § 58 and 59 of the German Democratic Republic's Construction Planning and Admissions Ordinance to be applied in accordance with the first sentence of the first sentence of paragraph 1 shall apply after 31 December 1997 to the statutes adopted pursuant to the first sentence of paragraph 1, Nos 6, 8 and 13. The decisions and statutes adopted in accordance with the provisions of paragraph 1 shall be considered as such in accordance with the provisions of this Code. (3) On procedures which, in accordance with the Regulation on the planning and approval of the German Democratic Republic, are to be taken before the date of action of accession, the provisions of this Code shall be applied in accordance with the provisions of paragraph 1. § § 58 and 59 of the German Democratic Republic's Construction Planning and Admission Ordinance are to be applied after the date of entry into force of the accession to the building control plans and statutes, which are subject to the application of the Construction Planning and Admission Ordinance of the German Democratic Republic (DPRD). The German Democratic Republic has been issued. Decisions and statutes which have been taken or enacted in accordance with the German Democratic Republic's regulations on the planning and approval of the German Democratic Republic shall be considered as such in accordance with this Code. (4) § 64 of the Construction Planning and Admissions Ordinance of the German Democratic Republic must be applied with the proviso that, in the first sentence of paragraph 3, the words 'within six months of the date of entry into force of this Regulation' shall be replaced by the words 'until 30 June 1991'; paragraph 1, second sentence, shall be replaced by the words 'until 30 June 1991'; "

2.

Baunutzungsverordnung in the version of the Notice dated 23 January 1990 (BGBl. 132) According to Article 26, the following § 26a is inserted: " § 26aOverline regulations arising from the establishment of the unity of Germany (1) In the territory referred to in Article 3 of the Unification Treaty, section 17 (3) shall apply to territories which are to be applied on 1 July 1990. (2) Where reference is made in this Regulation to provisions which do not apply in the area referred to in Article 3 of the Agreement, the relevant provisions of the German Democratic Republic shall apply. , If such rules do not exist or if their application would be contrary to the meaning of the referral, the provisions referred to shall apply accordingly. "

3.

The Law on Spatial Planning, as amended by the Notice of 19 July 1989 (BGBl. I p. 1461) According to § 12, the following § 12a is inserted: " § 12aoverride regulations arising from the establishment of the unit DeutschlandsIn the territory referred to in Article 3 of the Unification Treaty, this Act shall be applied with the following measures:

1.

Section 2 (1) No 4 shall not apply.

2.

The second subparagraph of Article 2 (1) of the second subparagraph is to be applied in the following text: " Area-based farming is to be protected in particular. On an equal footing, individual farmers and agricultural holdings are in the form of legal persons. Soils suitable for agricultural or forestry use are to be maintained to a sufficient extent. In the event of a change in land use, ecologically acceptable uses should be sought. "

3.

§ § 2 and 3 of the Law on the Entry into force of the Spatial Planning Act of the Federal Republic of Germany in the German Democratic Republic of 5 July 1990 (GBl. I p. 627) shall continue to apply. "

4.

Federal Act of Small Gardening of 28 February 1983 (BGBl. 210), as amended by Article 2 of the Law of 8 December 1986 (BGBl I). 2191) According to § 20, the following § 20a is inserted: " § 20aOverline regulations issued on the occasion of the production of the unit DeutschlandsIn the territory referred to in Article 3 of the Unification Treaty, this Act shall be applied with the following measures:

1.

The use of small-scale gardening, which has been established before the date of entry into force of the accession and which has not been terminated, shall be governed by this Act from that date.

2.

Prior to the effective date of accession, contracts for use of small gardens shall be treated in the same way as small garden lease contracts for permanent shredding gardens if the congregation is the owner of the land at the time of accession or after that date. The date of the acquisition of ownership of these land plots.

3.

In the case of use contracts for small gardens which are not owned by the municipality, it remains with the agreed service life. If the small gardens in the development plan have been set as areas for permanent shredder gardens, the contract shall be deemed to have been extended for an indefinite period. If the congregation has decided, before the expiry of the agreed period of use, to draw up a development plan with the aim of setting the area for permanent shredder gardens and to renew the decision pursuant to section 2 (1) sentence 2 of the construction code the contract shall be six years from the date of publication of the contract notice. From the time of the legally binding nature of the development plan, the regulations on permanent shredder gardens are to be applied. Under the terms of Section 8 (4) sentence 1 of the German Democratic Republic's Construction Planning and Authorisation Ordinance of 20 June 1990 (GBl. 739) in the version of § 246a (1) sentence 1 no. 3 of the Building Code, a premature development plan may be established.

4.

The power to be conferred on small gardeners before the accession of small-scale gardening organisations is granted may be subject to the conditions applicable to the withdrawal of small gardeners under the conditions applicable to the denial of the small gardening community. is withdrawn. The process of recognition and withdrawal of the petty gardening community rules the countries.

5.

Recognition of the tenderness of the community, which was pronounced before the entry into effect of the accession, shall remain unaffected.

6.

The lease rate to be paid in the event of accession can be increased gradually, taking into account the income ratios of the tenants. After the expiry of three years since the date of accession, the Pachtzins may be required in accordance with Section 5 (1). If the usual pachtzins in the commercial fruit and vegetable cultivation in accordance with § 5 (1) cannot be determined, the corresponding lease in the neighbouring municipality or in a comparable municipality or a comparable administrative district shall be deemed to be the basis of the assessment.

7.

Before the date of entry into force of the accession, duly established garden lounges exceeding the size provided for in Article 3 (2) or other constructional installations serving for the purposes of small-scale gardening may be used unchanged. The small animal husbandry in small garden plants remains unaffected, insofar as it does not significantly disturb the small gardening community and does not contradicts the use of small-scale gardening.

8.

A power of the Kleingärtner, existing before the date of entry into effect, to use his broadleaf permanently for residential purposes shall remain unaffected insofar as other provisions of the use of housing do not preclude the use of such a power. For the permanent use of the foliage, the lessor may also require an appropriate fee. "

5.

Second Housing Act in the version of the Notice dated 14 August 1990 (BGBl. I p. 1730) According to § 116, the following § 116a is inserted: " § 116aOverline regulations arising from the establishment of the unit DeutschlandsIn the territory referred to in Article 3 of the Unification Treaty, this Act shall be applied with the following measures:

1.

The provisions of this Act shall apply to newly created apartments, for which funds from public budgets under this Act shall be granted for the first time after the date of entry into force of the accession.

2.

In the case of public-law disputes which may arise from this law, the ordinary legal path has been given until the formation of administrative courts.

3.

The Federal Government is authorized, with the consent of the Federal Council, to the income limits of § 25, taking into account the income conditions and developments in the Article 3 of the Act, with the effect of accession. To adapt the territory of the European Union.

4.

§ 116 is not applicable in the Land of Berlin for the part in which the Basic Law has not been applied until now. "

6.

Housing Binding Act 1965 in the version of the Notice of 22 July 1982 (BGBl. 972), as last amended by Article 1 of the Law of 17 May 1990 (BGBl I). I p. 934) According to § 32, the following § 33 is inserted: " § 33reconciliation regulations arising from the production of the unit DeutschlandsIn the territory referred to in Article 3 of the Unification Treaty, this Act shall be applied with the following measures:

1.

The law applies to publicly subsidized apartments in accordance with § 116a No. 1 of the Second Housing Act and the following point 2.

2.

If the certificate referred to in § 5 has been issued in the countries in the territory in which the housing binding law has already been granted before accession, it shall not apply in the territory referred to in Article 3 of the agreement. If, in accordance with the economic circumstances, there is no public interest in the restrictions set out in the first sentence, the governments of the countries referred to in Article 1 (1) of the Agreement Treaty and of the State of Berlin may be entitled to: The legal regulation states that and to what extent the certificates issued in the countries in whose territory the housing binding law has already been awarded before accession shall apply.

3.

§ 5 (4) sentence 3 shall not apply in the Land of Berlin for the part in which the Basic Law has not been applied until now. "

7.

Law governing the level of the Miethöhe of 18 December 1974 (BGBl. 3603, 3604), as last amended by the Law of 20 December 1982 (BGBl I). I p. 1912) According to § 10, the following § 11 is added: " § 11 (1) In the area referred to in Article 3 of the agreement, this law applies to housing, which has not been funded with funds from public budgets and according to the More effective accession

1.

has been completed in newly built buildings, or

2.

it was restored from rooms which were no longer usable for residential purposes, or was created from rooms that were used for living purposes after their construction and equipment.

Price rules shall not apply when renting out this living space. (2) For housing, the maximum permissible rent of which arises when the application becomes effective, the provisions of § 1, first sentence, and § 3 shall apply, as well as the following paragraphs. § 3 is also to be applied to constructional measures which have not yet been completed before the effective date of accession. (3) The Federal Government is authorized to do so by means of a regulation with the consent of the Federal Council

1.

To increase the maximum authorised rent, taking into account the development of incomes, with the aim of allowing the rent referred to in Article 2 (1), first sentence, to be allowed. The type, size, equipment, nature and location of the living space shall be taken into account;

2.

to determine that the operating costs or parts thereof may be relocated to the tenants according to § 4;

3.

to determine that, after 31 December 1992, certain surcharges may be required when new leases are concluded, or that the rent referred to in § 10 (2) may be agreed; the maximum permissible rent may be fixed;

4.

for the part of the Land of Berlin, where the Basic Law has not yet been applied, or a part of it should be provided for special arrangements.

(4) Subject to § 1 sentence 3, the landlord may declare in writing to the lessee that the rent shall be a certain amount, in the case of operating costs by a determinable amount, up to the level of the amount of the amount determined in accordance with the terms of the regulation referred to in paragraph 3. allowed to increase the permissible rental rate. If the landlord has made his declaration with the help of automatic means, it does not require his personal signature. (5) The declaration of the landlord has the effect that from the first of the following next to the declaration, the following shall be taken from the first of the following: (6) The tenant is entitled to pay the rent ratio at the latest on the third working day of the calendar month from which the rent is to be increased for the end of the rental period. to cancel the next calendar month. (7) The Federal Government is authorized, with the consent of the Bundesrat, to determine, with the consent of the Federal Council, that, in addition to § 3, until 1 January 1996 in the case of significant repair measures, a An increase in the annual rent may be required on a certain level of the costs incurred. In determining the scope, account shall be taken of:

1.

the sums granted to the landlord pursuant to a legal regulation referred to in paragraph 3;

2.

that the expected increase in rent for the tenants in respect of their incomes must not mean a hardship which is not to be attributed to them, even taking into account the interests of the landlord in the repair measure. "

In the case of the application of other provisions of this law, repair measures pursuant to the first sentence of the first sentence shall be the same as those laid down in § 3 of this Act. "

8.

Housing Money Act as amended by the Notice of 28 February 1990 (BGBl. 310), as amended by Law of 10 August 1990 (BGBl. I p. 1522) According to § 41, the following § 42 is added: " § 42Management regulations arising from the establishment of the unity of Germany (1) In the area referred to in Article 3 of the Unification Treaty, the following shall be added:

1.

§ 8 (1) to (5) shall not apply. The amounts referred to in § 15 (2) to (4) and (16) shall be replaced by the amounts referred to in the legal regulation referred to in paragraph 2 (2). The percentages referred to in Article 17 (2) to (4) shall be replaced by the percentages of the percentages referred to in the Regulation referred to in paragraph 2 (3), in so far as they take account of the taxes paid by them. The provisions of Section 36 (1) sentence 1 (1) (a) and sentence 2 in conjunction with Section 6 (1) Sentence 1 (1) and (2) of the Housing Regulation in the version of the Notice of 25 May 1988 (BGBl. 643), as last amended by the Regulation of 17 August 1990 (BGBl I). I p. 1777), for heating and/or heating systems for heating and/or heating. warm water costs shall be replaced by the flat-rate amounts referred to in the regulation referred to in paragraph 2 (4);

2.

§ 32 (1) in the following version: " (1) The housing allowance shall be 50% of the recognised running expenses for the accommodation within the meaning of the Federal Social Assistance Act, insofar as this provision is not provided for by the regulation pursuant to Section 42 (2) No. 6 and a deviating percentage of the Vomhundreds is determined. The amount shall be rounded to the full German mark. ";

3.

§ 36 (1) (2), second sentence, and (2) shall not apply.

(2) The Federal Government is empowered to do so by means of a legal regulation with the consent of the Federal Council for the territory referred to in Article 3 of the agreement

1.

to set and amend the maximum amounts for rent and the burden on the development of rents in accordance with Section 8 (1) to (5);

2.

to set and amend the amounts in § 15 (2) to (4) and (16), taking into account the development of income;

3.

determine and amend the flat-rate deductions in accordance with section 17 (2) to (4), taking into account the taxes paid on the income tax paid;

4.

the flat-rate amounts referred to in paragraph 1 (1), fourth sentence, for heating and/or heating, to fix and modify the costs of warm water, taking into account the average amounts paid by tenants for these operating costs;

5.

the provisions of paragraph 1 (1) and of paragraphs 1 to 4 above shall be repealed with the associated legal regulations as soon as, on average, in the territory referred to in Article 3 of the agreement, the income, rents or those of tenants The amounts paid for heating and hot water costs are comparable to those in the rest of the Federal Republic;

6.

Paragraph 1 (2) and, for the first time, on the basis of a random sample pursuant to Article 36 (2) (1) (a) and (2), the percentage of the territory referred to in Article 3 of the Agreement for the assessment of the housing interest pursuant to Article 32 (1) (1) (a) and (2) as soon as the necessary calculations can be made, taking into account the housing allowance statistics, with sufficient accuracy;

7.

(1), if the conditions laid down in paragraph 6 are fulfilled, to the extent that it is determined that Article 36 (2) shall not apply. "

Unofficial table of contents

Annex I Kap XIV III Annex I, Chapter XIV
Section III

(section III no longer applicable) Unofficial table of contents

Annex I Kap XV Annex I, Chapter XV
Division of the Federal Minister for Research and Technology

(Found in Annex I of the EinigVtr-BGBl. II 1990, 1129) Unofficial table of contents

Annex I Kap XVI Annex I, Chapter XVI
Division of the Federal Minister for Education and Science

(Found in Annex I of the EinigVtr-BGBl. II 1990, 1130-1136) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification of Annex I Cape XVI)-All documents relating to Chapter XVI of Annex I shall be issued,

b)

subject-related (e.g. B. To Vtr Annex I Cape XVI c)-All documents relating to the subject C of Chapter XVI of Annex I shall be issued,

c)

section-related (e.g. B. Unification of Annex I Cape XVI C III)-issued the document relating to Section III of Section C of Chapter XVI of Annex I,

Unofficial table of contents

Annex I Kap XVI A II Annex I, Chapter XVI
Subject Area A-Higher Education
Section II

Federal law shall be amended or supplemented as follows:

1.

The Higher Education Act on Higher Education of 1 September 1969 (BGBl. 1556), as last amended by Section 80 of the Law of 26 January 1976 (BGBl I). I p. 185) *)

a)

The first sentence of 7 para. 2 is as follows: "A decision of the planning committee shall be taken if the federal government and the majority of the countries agree to it."

b)

In accordance with § 14, the following § 14a is inserted: " § 14aOverflow regulations arising from the establishment of the unity of Germany (1) During a period of one year from the date of the date of accession, higher education institutions or higher education institutions in the countries referred to in Article 1 (1) of the Agreement and in the part of the Land of Berlin, in which the Basic Law has not yet been applied, by way of derogation from the first sentence of Article 4 (2) of the Basic Law, they are to be provisionally incorporated into the facility. Provisional admission may be made by the end of each year, but at the latest by the end of 1993. The Federal Government, with the consent of the Federal Council, shall determine by means of a legal regulation whether the provisional admission to the Federal Republic of Germany will be issued by that date or whether it will be included in accordance with Section 4 (2). (2) By the end of 1994, it may be possible for universities and Higher education institutions in the countries referred to in Article 1 (1) of the Agreement Treaty and in the part of the Land of Berlin, where the Basic Law has not yet been applied, a simplified procedure to supplement an already established framework plan or for the establishment of a framework plan, which shall be subject to the requirements of § 5 (2), § 6 and § 8 (3) The Planning Committee shall decide whether a simplified procedure shall be applied in accordance with paragraph 2. He shall lay down the details of this procedure. "

-----

*)

Until the adoption of the national laws pursuant to Section 72 (1) sentence 3 of the Higher Education Framework Act in the version in force on the date of the date of accession of the Act of Accession, the national law applicable up to that date shall be determined in accordance with the provisions of Article 1 (1) of the Act of Accession. Countries as well as in the part of the Land of Berlin, in which the Basic Law has not yet been applied, which is higher education institutions and higher education institutions within the meaning of § 4 of the Higher Education Law on Higher Education. The status of universities, other universities and colleges in this area, which already exists at the date of accession, can only be amended by the Land Law.

-----

2.

The Higher Education Framework Act of 26 January 1976, as amended by the Notice of 9 April 1987 (BGBl. 1170),

a)

Section 27 shall be amended as follows:

aa)

In accordance with paragraph 2, the following paragraph 3 is inserted: '(3) nationals of another Member State of the European Communities shall be treated as Germans in accordance with paragraph 1, if the language skills required for their studies are demonstrated.'

bb)

The previous paragraph 3 becomes paragraph 4; in it, the word "other" is replaced by the word "more".

b)

According to § 33, the following § 33a is inserted: " § 33aOverline regulations arising from the establishment of the unity of Germany (1) As long as the countries referred to in Article 1 (1) of the Unification Treaty and the part of the Land Berlin, in which the Basic Law A degree programme at universities in these countries or at one of these universities, with the agreement of the respective country, may be included in the contract for the award of study places of 14 June 1985. Procedures of the Central Office pursuant to section 31 (1) are included. During a period of five years from the date of entry into force of accession, a programme of study at universities in the countries referred to in Article 1 (1) of the Agreement and in the part of the Land of Berlin, in which the Basic Law has so far been , or at one of these universities, with the consent of the respective country, to be included in the procedure in accordance with § 31 (1) as a separate course of studies if, according to content and conclusion, it is essentially a course of studies at the (2) § 32 (2) sentence 1 no. 5 does not apply to applicants who are In the winter semester 1991/92, studies at a higher education institution in the countries referred to in Article 1 (1) of the Agreement Treaty and in the part of the Land of Berlin, where the Basic Law has not been applied until now, have been completed. (3) As long as the provisions of Article 1 Section 1 of the agreement on the integration contract and the part of the Land Berlin, in which the Basic Law has not yet been applied, have not yet acceded to the State Treaty on the awarding of study places of 14 June 1985 and a degree programme at universities those countries are not included in the Central Agency's proceedings under the first sentence of paragraph 1, the quotas applicable to these countries may be calculated in accordance with Article 32 (3) (1) sentence 5 for the allocation of places of study at universities in the other countries by way of derogation from § 32 (3) (1) sentence 6. Under the conditions laid down in the first sentence of paragraph 32 (3) (2), first sentence, the formation of quotas for applicants with one of the countries referred to in Article 1 (1) of the Agreement and in the part of the applicant may also be subject to the conditions laid down in the first sentence of Article 32 (3). Country Berlin, where the Basic Law has not been applied until now, acquired university entrance qualification is provided; § 32 (3) No. 1 sentence 6 and sentence 1 applies accordingly. (4) For the award of study places in degree courses at universities in the Article 1 (1) of the Agreement of Unity and in the part of the Land of Berlin, in which the The basic law has not yet been applied to applicants with a university entrance qualification acquired in the other countries (5). (5) For periods of study at a university in accordance with the provisions of Article 1 (1) of the 'Einigungscontracges' Countries and in the part of the Land Berlin, where the Basic Law has not been applied until the winter semester 1990/91, the national law of Section 32 (3) no. 2 sentence 7 may apply deviating regulations. (6) For the allocation of study places according to § § § § 32 (2). The first sentence of paragraph 2 (1) and (2) (a) shall apply in accordance with the provisions of paragraphs 2 to 5. '

c)

Section 34 shall be amended as follows:

aa)

The previous § 34 becomes paragraph 1.

bb)

The following paragraph 2 shall be added: " (2) Paragraph 1 shall apply in accordance with the services and benefits provided for in Article 23 of the Constitution of the German Democratic Republic, including the services corresponding to the military service referred to in points (b) to (d) of the Constitution. Announcement on the service, which corresponds to the performance of the military service of 25 March 1982 (GBl. I n ° 12 p. 268).

d)

In § 57f the point is replaced by a stroke point and the following half-sentence is added: " in the area referred to in Article 3 of the agreement, § § 57a to 57e are to be applied for the first time to employment contracts which are three years after the date of the date of the To make the accession more effective. "

e)

Section 72 is amended as follows:

aa)

Paragraph 1 shall be amended as follows:

aaa)

The following sentence 3 *) is inserted after the second sentence: " Within three years from the date of entry into force of accession, in the countries referred to in Article 1 (1) of the Agreement of Accession and in the part of the Land of Berlin, in which the Basic Law is until now it has not been necessary to enact the laws of this law. " -----

*)

Without prejudice to the provisions of the Higher Education Framework Act, which are to be implemented immediately or in the past, as well as other immediately valid provisions of the Federal Law, until the entry into force of the laws of Germany, the third sentence of Section 72 ( Higher education framework law in the version in force on the date of the date of entry into force of the accession of the German Democratic Republic for higher education as a national law.

bbb)

The previous sentence 3 will be set 4. It shall be taken as follows: " § 9 in the version in force as from 1 January 1988, § 27 (3) in the version in force as of the date of effect of the accession, § 33a (4), § § 57a to 57f and § 70 (6) shall apply immediately; until the entry into force § 27 (1), (2) and (4) shall apply directly in the countries referred to in Article 1 (1) of the Agreement Treaty and in the part of the Land of Berlin, where the Basic Law has not been applied until now. "

bb)

The second sentence of paragraph 2 shall be read as follows: " For the first time for authorisations for the summer semester of 1991, but at the latest until the entry into force of the national law referred to in the first sentence, the provisions of Articles 7 to 14 of the State Treaty relating to the award of Study places of 14 June 1985 in accordance with the relevant provisions of this Act. "

cc)

In the fifth sentence, the number "1989" shall be replaced by the number "1993".

f)

In accordance with § 75, the following § 75a is inserted: " § 75aOverline regulations arising from the occasion of the production of the unit DeutschlandsThe take-over of the academic and artistic staff of the institutions of higher education into the provisions of this Act Legal relationships shall be regulated in the law adopted pursuant to Section 72 (1) sentence 3. The principles of § 75 (3), (4), (6) and (8) shall apply accordingly; the general provisions in the provisions of the agreement on the public service shall remain unaffected. The position of the officials and employees who remain in their existing legal relationship shall be determined by the law of the country. "

Unofficial table of contents

Annex I Kap XVI B II Annex I, Chapter XVI
Objective B-Training promotion
Section II

Federal law shall be repealed, amended or supplemented as follows:
Federal Education Promotion Act, as amended by the Notice of 6 June 1983 (BGBl. 645, 1680), as last amended by the Law of 22 May 1990 (BGBl). No. 936), and in accordance with § 2 (3), § 13 (4), § § 14a, 15 (4), § 18 (6), § 18b (1), Article 21 (3) (4), § 44 (1) and § 45 (4) of this Act, legal regulations are issued in the area referred to in Article 3 of the agreement shall enter into force on 1 January 1991 and shall be amended as follows:

1.

Federal Education Promotion Act:

a)

Section 5 (2), first sentence, shall be amended as follows:

aa)

In paragraph 1, the word "or" after the word "may" be replaced by a comma.

bb)

Point 2 shall be added to the word 'or'.

cc)

In point 2, the following point 3 is added:

" 3.

the training abroad before the 1. It began in October 1990 and was promoted for the month of December 1990 in accordance with the German Democratic Republic ' s grant law. "

b)

§ 6a is repealed.

c)

§ 12 is amended as follows:

aa)

Paragraph 1 shall be adopted as follows: ' (1) The monthly requirement shall apply to pupils

1.

from vocational schools and specialised school classes, whose attendance does not require a completed vocational training, to the extent that the training centre

a) in the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt, Thuringia, or in the part of the Land of Berlin, where the law has not yet been applied,	250 DM,
b) is in the other scope of the law or abroad,	310 DM,

2.

of evening main schools, vocational schools, evening schools and of specialized secondary school classes, the attendance of which requires completed vocational training, to the extent that the training centre

a)	is located in the territory referred to in point 1 (a),	445 DM,
b)	is in the other scope of the law or abroad,	555 DM. "

bb)

The first sentence of paragraph 2 shall be as follows: " If the apprentice does not reside with his or her parents, the following shall be considered as a monthly requirement for pupils

1.

from secondary general-education schools and vocational schools, as well as specialist and specialist secondary school classes, whose attendance does not require a completed vocational training, to the extent that the training centre

a)	in the territory referred to in paragraph 1 (1) (a),	445 DM,
b)	is in the other scope of the law or abroad,	555 DM,

2.

of evening main schools, vocational schools, evening schools and of specialized secondary school classes, the attendance of which requires completed vocational training, to the extent that the training centre

a)	in the territory referred to in paragraph 1 (1) (a),	DM 535,
b)	is in the other scope of the law or abroad,	DM 670. "

d)

Section 13 is amended as follows:

aa)

Paragraph 1 shall be adopted as follows: ' (1) The monthly requirement shall apply to apprentices in

1.

School classes whose attendance is preceded by a completed vocational training, evening gymnasiums and colleges, as far as the training centre

a)	in the area referred to in Article 12 (1) (1) (a),	460 DM,
b)	is in the other scope of the law or abroad,	500 DM,

2.

Higher vocational schools, academies and universities, as far as the training centre

a)	in the area referred to in Article 12 (1) (1) (a),	500 DM,
b)	is in the other scope of the law or abroad,	540 DM. "

bb)

Paragraph 2 shall be adopted as follows: ' (2) The amounts referred to in paragraph 1 shall be increased for accommodation when the trainee

1.

where his/her parents live, where the training centre

a)	in the area referred to in Article 12 (1) (1) (a), in order to	20 DM,
b)	is in the other scope of the law or abroad, in order to	65 DM,

2.

does not reside with his parents, as far as the training place

a)	in the area referred to in Article 12 (1) (1) (a), in order to	50 DM,
b)	is in the other scope of the law or abroad, in order to	210 DM. "

e)

Section 16 (3), first sentence, shall be referred to in the text " paragraph 2 No 2 "the text" and 3 ".

f)

In Article 24, the following paragraph 1a is inserted after paragraph 1: " (1a) By way of derogation from paragraph 1, four times the income in the months of October to December of the calendar year before the beginning of the period of approval shall be decisive if the respective The person concerned had his permanent residence on 30 June 1990 in the area referred to in Article 12 (1) (1) (a). "

g)

Section 40 shall be amended as follows:

aa)

The following sentences are added to paragraph 1: " In the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, the counties and county-free cities are setting up offices for the promotion of training. A number of counties and/or county-free towns can establish a joint office for training promotion. In the part of the State of Berlin, where the law has not been applied until now, the districts take the tasks of the offices for training promotion true. "

bb)

The following sentences are added to paragraph 2: " In the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, as well as in the part of the Land of Berlin, where the law has not yet been applied, the state higher education institutions shall be responsible for the following: In the case of a training grant to be given to the apprentices. Where, in the countries referred to in the fourth sentence, Studentenwerke are established as institutions of public law, they shall, by way of derogation from the provisions of the fourth sentence, be the offices for the promotion of training. "

h)

§ 40a sentence 1 is read as follows: "The Länder may establish national offices for the promotion of training."

i)

Section 42 (1), first sentence, is read as follows: "Countries may set up grant committees at universities."

k)

Section 48 (4) shall be referred to in the text of the text " Abs. 2 No 2 "the text" and 3 ".

l)

In accordance with § 58, the following § 59 is inserted: " § 59Forty payment of previous fellowships (1) As long as a communication has not been received under this Act, but at the latest until 31 March 1991, training funding of the amount of the funding amount will be granted for the month of December 1990 on the basis of

1.

The Regulation on the granting of scholarships to direct students of the universities, universities and colleges of the German Democratic Republic-Scholarship Regulation-of 11 June 1981 (GBl. 229), as last amended by the Regulation on the increase in support for students and apprentices with children of 16 July 1985 (GBl). I No 21 p. 249),

2.

the arrangement on the granting of scholarships to direct students, research students and aspirants from the universities, universities and colleges of universities and colleges-scholarship arrangement-of 29 June 1990 (GBl. I n ° 53, p. 1079),

3.

the arrangement on the granting of scholarships to citizens of the GDR who have been delegated to other countries for training and further training on 16 June 1982 (GBl. I No 29 p. 542),

has been fixed for a visit to a training centre pursuant to § 2. This applies only if the apprentier continues the training within the same training section, requests training in accordance with this Act and provides for the fixing in accordance with the first sentence. (2) In accordance with paragraph 1, the amounts previously paid shall be: shall be charged to the amount of the grant granted under this Act. If a lower amount of funding is to be paid under this Act, the amount paid shall not be reimbursed. "

m)

The following paragraphs 6 and 7 are added to § 66a: " (6) apprentices of the Palucca School Dresden, the State Ballet School Berlin, the Fachschule für Tanz Leipzig and the Staatlichen Fachschule für Artistik Berlin, which are training before the 1. In January 1991, classes 9 and 10, such as pupils from secondary general schools and classes 11 and 12, are promoted as pupils of vocational schools. (7) For apprentices who have completed training before 1 January In 1991, and for the month of December 1990, according to the German Scholarship Law the democratic republic, § 10 para. 3 shall not apply. "

2.

Regulation on the establishment of an Advisory Council for the Promotion of Training of 11 November 1971 (BGBl. 1801), as last amended by the Regulation of 11 July 1988 (BGBl I). I p. 1028) § 2 is amended as follows:

a)

In paragraph 1, the word 'four' shall be replaced by the word 'six'.

b)

In point 2, the word 'five' shall be replaced by the word 'seven'.

c)

In point 3, the word 'two' is replaced by the word 'three'.

d)

In point 6, the word 'four' shall be replaced by the word 'six'.

3.

Regulation on the maximum duration of funding for the visit of higher education schools, academies and universities in the version of the notice of 29 June 1981 (BGBl. 577), as last amended by the Regulation of 11 July 1988 (BGBl I). I p. 1029) § 9 is amended as follows:

a)

The previous sentences 1 and 2 shall be paragraph 1.

b)

The following paragraph 2 is added to paragraph 1: ' (2) The maximum duration of support for training at universities in the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt, Thuringia and in the part of the Land of Berlin, in which the Regulation To date, it is determined according to the standard period of study defined by the relevant Ministry of Education in the study plans for the relevant subject area. "

4.

Ordinance on supplementary benefits in hardship cases according to the Federal Education Promotion Act of 15 July 1974 (BGBl. 1449), as last amended by the Regulation of 24 February 1986 (BGBl I). 315) § 9 (1) is as follows: " (1) Promotion of training pursuant to § 8 shall be made only in the amount of 75 of the hundred of the amount to which the costs of the accommodation shall be paid in the case of the demand rate

1.	pursuant to Section 12 (2) (1) (a) of the Law	30 DM,
2.	pursuant to Section 12 (2) (1) (b) of the Act	80 DM,
3.	pursuant to Section 12 (2) (2) (a) of the Act	40 DM,
4.	pursuant to Section 12 (2) (2) (b) of the Act	120 DM,
5.	pursuant to Section 13 (1) in conjunction with Section 13 (2) (2) of the Act, the amounts referred to in Article 13 (2) (2) of the Law

over the month, but not more than 75 DM per month. "

5.

The amendments referred to in points 1 (a) to (f) and (h) to (m) and (2) to (4) shall enter into force on 1 January 1991 for the entire scope of the Basic Law. The amendment referred to in point 1 (g) shall enter into force in the entire scope of the Basic Law referred to in Article 45 of the Agreement of the Basic Law. Point 1 (g) shall not enter into force on 31 December 1993.

6.

The Regulation on the promotion of training for apprentices residing outside the scope of the Law of 1 June 1990 (BGBl. 998) shall expire at the end of 31 December 1990.

Unofficial table of contents

Annex I Kap XVI C II Annex I, Chapter XVI
Area C-Vocational training
Section II

Federal law is amended as follows:

1.

According to § 108 of the Vocational Training Act of 14 August 1969 (BGBl. 1112), most recently by Article 19 of the Law of 23 December 1981 (BGBl I). 1692), is inserted: " § 108aEquality of final certificates within the framework of the German Unity certificates according to the nomenclature of vocational training occupations and the nomenclature of skilled workers ' occupations and certificates according to § § § § 108aequality of certificates of qualification 34 (2) are equal to each other. "

Unofficial table of contents

Annex I Kap XVI C III Annex I, Chapter XVI
Area C-Vocational training

(No longer to be applied) (Section III, No 1) Unofficial table of contents

Annex I Kap XVI D III Annex I, Chapter XVI
Subject D-Distance learning
Section III

(section III no longer applicable) Unofficial table of contents

Annex I Kap XVII Annex I, Chapter XVII
Division of the Federal Minister for Economic Cooperation

(Found in Annex I of the EinigVtr-BGBl. II 1990, 1137) Unofficial table of contents

Annex I Kap XVII III Annex I, Chapter XVII
Section III

(section III no longer applicable) Unofficial table of contents

Annex I Kap XVIII Annex I, Chapter XVIII
Statistics

(Found in Annex I of the EinigVtr-BGBl. II 1990, 1138) The text of the chapter is broken down into sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification of Annex I Cape XVIII)-All documents relating to Chapter XVIII of Annex I shall be issued,

b)

section-related (e.g. B. Unification of Annex I Kap XVIII II)-The document is issued in section II of Chapter XVIII of Annex I,

Unofficial table of contents

Annex I Kap XVIII I Annex I, Chapter XVIII
Section I

The entry into force of the federal law pursuant to Article 8 of the Treaty shall be excluded:

1.

Law on the statistics relating to the trading of goods with the German Democratic Republic and Berlin (East) of 16 June 1978 (BGBl. 751), as amended by Article 30 of the Law of 25 June 1990 (BGBl I). 517).

Unofficial table of contents

Annex I Kap XVIII II Annex I, Chapter XVIII
Section II

(section II no longer apply) Unofficial table of contents

Annex I Kap XIX Annex I, Chapter XIX
The right of persons in the public service, including the right of the soldiers

(Found in Annex I of the EinigVtr-BGBl. II 1990, 1139-1147) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification of Annex I Kap XIX)-All documents relating to Chapter XIX of Annex I are issued-

b)

subject-related (e.g. B)-All documents relating to subject area B of Chapter XIX of Annex I shall be issued.

c)

section-related (e.g. B. Unification of Annex I Cape XIX B III)-The document is given in section III of Section B of Chapter XIX of Annex I,

Unofficial table of contents

Annex I Kap XIX A II Annex I, Chapter XIX
Subject A-Law of persons in the public service
Section II

Federal law is amended as follows:

1.

Federal Officials Act, as amended by the Notice of 27 February 1985 (BGBl. 479), as last amended by Article 7 of the Law of 18 December 1989 (BGBl I). 2219),

a)

Section 96 shall be amended as follows:

aa)

In paragraph 1, the words "from seven ordinary and seven deputy members" shall be replaced by the words "eight ordinary and eight alternates".

bb)

In paragraph 2, in the second sentence, the words 'the head of the personnel department of another supreme federal authority' shall be replaced by 'the heads of the staff departments of two other supreme federal authorities' and, in sentence 3, the words 'the head of the staff shall be appointed'. HR department of another supreme federal authority "replaced by the words" the heads of the personnel departments of two other top federal agencies ".

cc)

In paragraph 3, the words 'three ordinary and three deputy members' shall be replaced by the words 'four ordinary and four alternates'.

b)

In § 100 (3) sentence 1, the words "of at least five members" shall be replaced by the words "of at least six members".

2.

Civil servants ' supply law as amended by the Notice of 12 February 1987 (BGBl. 570, 1339), as last amended by Article 1 of the Law of 28 June 1990 (BGBl I). 1221), According to § 107, the following § 107a is inserted: " § 107a transfer regulations arising from the establishment of the unity of Germany The Federal Government is authorized by means of a decree law to be adopted by 30 September 1992, with the following: Approval of the Federal Council for the Supply of Officials to determine transitional arrangements which take account of the special circumstances in the area referred to in Article 3 of the agreement. This Regulation authorises, in particular, the basis of calculation, the amount of benefits and the rules of rest, by way of derogation from the provisions of this Act. "

3.

Federal law on law in the version of the Notice of 21 February 1989 (BGBl. 261), as last amended by Article 1 of the Law of 19 July 1990 (BGBl I). 1451). According to § 72, the following paragraph is inserted: " § 73reconciliation regulations issued on the occasion of the establishment of the unity Germany The Federal Government is authorized by means of legal regulations to be adopted by 30 September 1992, with the following provisions: Approval of the Federal Council for the remuneration referred to in § 1 and the special legislation adopted for this purpose, to determine transitional arrangements which take into account the special circumstances in the area referred to in Article 3 of the agreement . This authorization shall, in particular, cover remuneration in accordance with the general economic and financial circumstances and their development in the territory referred to in Article 3 of the Agreement. shall be fixed and adjusted on a regular basis; this shall also apply to other services provided by the Dienstherrn, as well as to special features of the classification of offices and to the approximation of the structures of the offices and of the career. The transitional arrangements are temporary. "

Unofficial table of contents

Annex I Kap XIX A III Annex I, Chapter XIX
Subject A-Law of persons in the public service
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

Legal relationships of workers in the civil service (1) For the effective application of accession in the public administration of the German Democratic Republic, including the part of Berlin, in which the Basic Law has not yet been applied, workers employed shall continue to apply the working conditions applicable to them on the day before the date of entry into force of the provisions of this Treaty, and in particular paragraphs 2 to 7 thereof. These measures shall not apply to any conflicting or deviating rules. The working conditions for the public service in the rest of the territory of the Federal Republic of Germany shall apply only if and to the extent that the parties to the collective bargaining agreement agree. 1) (2) Insofar as the bodies referred to in Article 13 (2) of the Treaty are transferred wholly or partly to the Federal Government, the employment relationships of the employees employed there shall consist of the Federal Government; the same shall apply if the goods are transferred to Federal bodies, institutions and foundations of public law. The working conditions of the rest of the workers shall rest on the date of the date of entry into force of accession 2). During the rest of the employment relationship as set out in the second sentence, the employee is entitled to a monthly waiting period of 70 per cent of the average monthly salary of the last six months; one-off or special payments shall not be taken into account. The employer shall, in cooperation with the employment services, promote the training or retraining measures which may be required for re-use. If the employee does not continue to be used within six months, if necessary in another administrative area, the employment relationship shall end at the end of that period; the worker shall have the following 50 on the date of the date of entry into force of the accession. The period shall be nine months. In the course of the rest period, earned income or replacement benefits are to be calculated on the monthly waiting allowance, provided that the sum of these receipts and the waiting allowance exceeds the basis of the payment basis of the waiting period. Regardless of the first sentence and the fifth sentence, the employment relationship ends with the retirement age. (3) Paragraph 2 applies accordingly to the employees of institutions, the tasks of the Länder, the Land Berlin for the part in which the Basic Law has so far been (4) (5) An important reason for extraordinary dismissal is given, in particular, when the worker is a member of the Basic Law.

1.

in violation of the principles of humanity or the rule of law, in particular the human rights guaranteed by the International Covenant on Civil and Political Rights of 19 December 1966, or those contained in the Universal Declaration of Human rights of 10 December 1948 violated the principles of human rights or

2.

working for the former Ministry of State Security/Office for National Security

(6) The dismissal pursuant to paragraphs 4 and 5 may also be pronounced in the cases referred to in paragraphs 2 and 3. (7) The special provisions shall apply to judges and prosecutors in accordance with the provisions of Chapter III, Sachgebiet A, Section III, No 2.

-----

1)

Can be omitted as soon as a corresponding agreement has been reached between the parties to the collective bargaining agreement.

2)

If it is not possible to take a decision under Article 13 (2) up to the date of the date of accession, it may be determined that the date determined in accordance with the second sentence of paragraph 2 shall be deferred for a period of up to three months. Until that date, the first sentence shall apply.

-----

2.

to 8. (no longer apply)

9.

Civil servants ' supply law as amended by the Notice of 12 February 1987 (BGBl. 570, 1339), as last amended by Article 1 of the Law of 28 June 1990 (BGBl I). 1221), with the following measures:

a)

The law shall apply in the version in force as from 1 January 1992.

b)

The waiting period of Section 4 (1) can only be fulfilled by the periods specified therein as from the date of entry into force of the accession. This transitional arrangement shall end five years after the date of entry into force of the accession.

c)

§ § 69, 69 a, 77 to 82, 84 to 106, 108 and 109 shall not apply.

10.

up to 17. (no longer apply)

Footnote

Annex I, chap. XIX Sachgebiet A Dec. 1 (2), second sentence, and 5: In accordance with the decision formula with Art. 12 para. 1 iVm Art. 6 para. 4 GG incompatible and void according to the decision. BVerfGE v. 24.4.1991 I 1215-1 BvR 1341/90- Unofficial table of contents

Annex I Kap XIX B II Annex I, Chapter XIX
Subject B-Right of the soldiers
Section II

Federal law shall be amended and supplemented as follows:

1.

SoldatenSupply Act as amended by the Notice of 5 March 1987 (BGBl. 842), as last amended by Article 4 of the Law of 26 June 1990 (BGBl I). 1211)

a)

In the table of contents, the following point 4a shall be inserted in the sixth part in accordance with point 4:

" 4a.

Transitional arrangements on the occasion of the production of the unit of Germany ... 92a ".

b)

In accordance with section 92, the following subsection shall be inserted:

" 4a.

Transitional arrangements resulting from the establishment of the unity of Germany

§ 92aThe Federal Government is empowered to determine, with the approval of the Federal Council for the provision of soldiers, transitional arrangements by 30 September 1992, with the approval of the Federal Council for the provision of the Soldier General, which shall determine the special conditions in the Article 3 of the Treaty shall be taken into account. The authorisation for a regulation shall apply, in particular, to the type, calculation basis, level of benefits and the rules on rest, by way of derogation from this law. "

2.

The following special provisions apply to the legal conditions of the soldiers of the former National People's Army: § 1The soldiers of the former National People's Army are soldiers of the German Armed Forces with the effective date of accession. The service is determined by the following:

1.

A soldier who provides military service on the basis of compulsory military service is in connection with the German military service law in connection with the military service law.

2.

In the case of temporary and professional soldiers who are members of the former National People's Army, the service conditions applicable to them on the day before the date of entry into force of the accession shall apply in accordance with the following conditions: Regulations.

§ 2 (1) The duty of a soldier on time or professional soldier of the former National People's Army rests with the effective date of accession. (2) During the period of service of the service referred to in paragraph 1, the soldier shall be entitled to a monthly salary. The amount of waiting money of 70 per cent of the average monthly salary of the last six months; one-off or special payments shall not be taken into account. In the course of the time of rest, earned income or replacement benefits are to be calculated on the monthly waiting allowance, in so far as the sum of these receipts and the waiting allowance exceeds the basis of assessment of the waiting allowance. (3) In the case of the former National People's Army soldier not being used within six months, the service shall end at the end of this period; on the day of accession, he shall have the 50. The period shall be nine months. During the period, the dismissal requirements of § 7 (1) sentence 1 to 3 and (2) of this section apply. The health care in the time of the right to wait is determined in accordance with § 5, the pensions are based on § 6 of this section. (4) For soldiers on time or professional soldiers who are not used in accordance with paragraph 3 sentence 1 or after § 6 (2) of this Section shall apply. § 3 If the Federal Minister of Defense decides that military units, associations, departments or institutions of the former National People's Army shall be wholly or wholly dismissed. partially persist or be part of other units, associations, departments, or § 2 (1) of this section shall not apply to the soldiers on time and professional soldiers used in that section. In these cases, the existing soldatical service conditions shall apply in accordance with § § 4 to 7 of this section. § 4 (1) Soldatical rights and obligations of the German Democratic Republic under the former law of the German Democratic Republic Soldiers of the former National People's Army are loaned. (2) The rights and duties of the soldiers on time and professional soldiers of the former National People's Army are determined by the relevant provisions of § 1 (4) and (5). as well as the second subsection of the first section of the Soldatengesetz Exceptions to § § 9, 27 and 30 (1) to (4). (3) The Federal Minister of Defence determines the degree of service they are allowed to lead on a provisional basis. He takes into account the pre-education, training, service periods, career path and functions in the National People's Army and sets them in relation to the degree of usability in the German Armed Forces. § 5 (1) Remuneration and heal care. for soldiers of the time and professional soldiers of the former National People's Army, in accordance with the law applicable on the day before the date of entry into force of accession in the German Democratic Republic. Until 30 September 1992, the Federal Government shall be authorized, by means of a regulation which does not require the consent of the Federal Council, to pay and heal the adequacy in relation to the regulations in other areas of the to review and redefine the public service. Special benefits arising from the dismissal and benefits which are attributable to one of the facts mentioned in § 7 para. 2 of this Section or comparable to those comparable with those are excluded. (2) Remuneration and medical care shall be excluded from the development in the territory referred to in Article 3 of the Treaty, in accordance with the rules in force in the civil civil service. The Federal Government is governed by a decree law; the empowerment is limited to 30 September 1992. (3) The military service obligations of the soldiers who perform military service on the basis of compulsory military service are governed by the law of the Federal Republic of Germany. Annex I, Chapter XIX, Sachgebiet A, Section III, point 17, transitional arrangement. § 6 (1) The pensions shall be governed by the provisions of Annex II, Chapter VIII, Point (H), Section III, point 9. The provisions of the SoldatenSupply Act shall apply to the employment of soldiers who suffer military service damage after the date of accession. (2) For integration into civil professional life, the following shall apply: Provisions of the Employment Promotion Act, in particular for vocational training, training and retraining measures. § 5 (1) sentence 2 and 3 of this section applies accordingly. § 7 (1) A soldier on the time or professional soldier of the former National People's Army is to be dismissed, if he so requests. A soldier on time shall be dismissed if the service period ends. A professional soldier may be dismissed if he or she has reached or exceeded the minimum service life in force in accordance with previous legislation. A soldier on a temporary or professional soldier can also be dismissed,

1.

if it does not meet the requirements for lack of professional qualifications or personal fitness,

2.

if it is no longer usable due to a lack of demand, or

3.

if the former employment agency is completely or partially dissolved or if the previous or any other use is no longer possible in the case of a merger, integration or substantial change in its structure.

In the cases of sentence 1 and of sentence 4 (2) and (3), a transitional allowance may be granted which, according to the amount and duration, corresponds to the monthly waiting allowance in accordance with Article 2 (2), first sentence, and (3) sentence 1 of this Section, but not in the case of the first sentence, if the conditions set out in sentence 4 (1) are met. § 2 para. 2 sentence 2 of this section applies accordingly. (2) A soldier on time or professional soldier of the former National People's Army is to be dismissed if he

1.

in violation of the principles of humanity or the rule of law, in particular the human rights guaranteed by the International Covenant on Civil and Political Rights of 19 December 1966, or those contained in the Universal Declaration of Human rights of 10 December 1948 violated the principles of human rights or

2.

working for the former Ministry of State Security/Office for National Security

(3) The dismissal order must be sent to the soldier in the cases referred to in the first sentence of paragraph 1, sentence 4 nos. 1 to 3, no later than two months before the date of release. § 8 (1) A soldier on Time or occupational soldier of the former National People's Army within the meaning of § 1 No. 2 of this Section may, due to voluntary obligation under the provisions of the Soldatengesetz (Soldatengesetz) for two years in the service relationship of a soldier on time shall be appointed. The age limit of § 40 (1) No. 1 of the Soldatengesetz (Soldatengesetz) does not apply. (2) The Federal Government, by decree of law, by way of derogation from Section 27 (4) sentence 3 of the Soldatengesetz, regulates the award of a higher than the lowest grade of service. (3) The remuneration shall be determined in accordance with the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) in conjunction with the transitional arrangements resulting from Annex I, Chapter XIX, Section II, Section II, Section II, point 3, and Section III, point 11. (4) The Federal Minister of Defence decides on an extension of the service period and on the takeover of the professional soldier. Before taking over from officers to professional soldiers, he shall consult an independent committee on personal suitability. The composition, powers and procedures of this Committee shall be governed by the Federal Government. The appointment of the professional soldier is usually not allowed when the applicant is 50 years old. (5) The pensions of the soldier appointed in accordance with paragraph 1 on a temporary basis, whose period of service is not extended or which is not taken over as a professional soldier, shall be determined in accordance with Article 6 of this Section. The provisions of this Section shall expire at the end of 31 December 1996.

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Annex I Kap XIX B III Annex I, Chapter XIX
Subject B-Right of the soldiers
Section III

Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:

1.

to 4. (no longer apply)

5.

SoldatenSupply Act as amended by the Notice of 5 March 1987 (BGBl. 842), as last amended by Article 4 of the Law of 26 June 1990 (BGBl I). 1211), with the following measures:

a)

The law shall apply in the version in force as from 1 January 1992.

b)

The law does not apply to soldiers who have been excreted from a military service of the former National People's Army, and to soldiers on time and professional soldiers of the former National People's Army, who are due to the scheme in Section II (2) (1) of this Annex are soldiers of the Bundeswehr and for which neither a duty of service as a soldier on a period of service of more than two years nor such as a professional soldier of the Bundeswehr is justified; this does not apply for the supply of employment of soldiers who, after the date of entry into force, have Military service damage suffered.

c)

(no longer apply)

d)

Not applicable are the provisions of § 43 of the SoldatenSupply Act in conjunction with § 86 of the Civil Service Act as well as § § 64, 67 to 79, 91, 94 to 94c and § 97 of the SoldatenSupply Act.

6.

(no longer apply)

Unofficial table of contents

Appendix II Table of Contents

A.	Preliminary remarks
B.	Business Areas
	Chapter I	Federal Minister for Foreign Affairs
	Chapter II	Federal Minister for the Interior
	Chapter III	Federal Minister for Justice
	Chapter IV	Federal Minister for Finance
	Chapter V	Federal Minister for Economic Affairs
	Chapter VI	Federal Minister for Food, Agriculture and Forestry
	Chapter VII	---
	Chapter VIII	Federal Minister for Labour and Social Affairs
	Chapter IX	Federal Minister for Defence
	Chapter X	Federal Minister for Youth, Family, Women and Health
	Chapter XI	Federal Minister for Transport
	Chapter XII	Federal Minister for the Environment, Nature Conservation and Nuclear Safety
	Chapter XIII	Federal Minister for Postal and Telecommunications
	Chapter XIV	Federal Minister for Regional Planning, Construction and Urban Development
	Chapter XV	Federal Minister for Research and Technology
	Chapter XVI	Federal Minister for Education and Science
	Chapter XVII	---
C.	Special subjects
	Chapter XVIII	Statistics
	Chapter XIX	Public service law, including the law of the soldiers

Unofficial table of contents

Annex II BesBest Special provisions for the continuing law of the German Democratic Republic

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1148) Preface:
The law of the German Democratic Republic, as listed in Section I of the relevant chapter, shall remain in force. The same shall apply to the international legal contracts referred to in Section I of Chapter I in accordance with Article 12 of the Treaty.
In accordance with Section II of the relevant chapter, the legislation of the German Democratic Republic listed therein shall be repealed, amended or supplemented.
In accordance with Section III of the relevant chapter, the law of the German Democratic Republic shall remain in force with the measures determined there.
Insofar as the laws of the German Democratic Republic, which continue as federal law, refer to non-continuing regulations, the relevant provisions of the federal law shall, in principle, apply to their place as far as nothing is concerned. other than that.
To the extent that the legislation of the German Democratic Republic, which continues as a federal law, provides for the authorisation to adopt laws, regulations or general administrative provisions, Article 129 of the Basic law in accordance with application.
In so far as legislation expressly mentioned by the German Democratic Republic is enacted between the signing of this Treaty and the date of accession, it shall enter into force in accordance with Article 9 (3) of the Treaty in Connection with paragraph 2 and Annex II shall also enter into force without any additional agreement between the Federal Republic of Germany and the German Democratic Republic with the measures laid down in this Annex. Unofficial table of contents

Annex II Kap I Annex II, Chapter I
Division of the Federal Minister for Foreign Affairs

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1149) Unofficial table of contents

Annex II Kap I I Annex II, Chapter I
Section I

The following Treaties of the German Democratic Republic referred to in Article 12 of the Treaty shall continue to apply in the territory referred to in Article 3 of the Treaty:

1.

Agreement between the German Democratic Republic, the Union of Soviet Socialist Republics and the Czechoslovak Socialist Republic on inspections in the context of the Treaty between the Union of the Socialist Soviet republics and the United States of America on the elimination of their medium-and shorter-range missiles of 11 December 1987 (Notice of 15 December 1988, GBl. II N ° 2 p. 21)

2.

Transfer of staff of 23 December 1987 between the German Democratic Republic and the United States of America with regard to the Treaty of 8 December 1987 between the Union of Soviet Socialist Republics and the United States of America America on the elimination of their medium-and shorter-range missiles and on the related protocol on inspections (source of banknote change: state archives)

Unofficial table of contents

Annex II Kap II Annex II, Chapter II
Division of the Federal Minister for the Interior

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1150-1152) For statistics and public service law, see chapter XIX
The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification II Cape II)-All documents relating to Chapter II of Annex II shall be issued,

b)

subject-related (e.g. B. Unification II Cape II B)-All documents relating to subject area B of Chapter II of Annex II shall be issued,

c)

section-related (e.g. B. Unification II Cape II B III)-The document is given in section III of Section B of Chapter II of Annex II,

Unofficial table of contents

Annex II Kap II A I Annex II, Chapter II
Area A-State and constitutional law
Section I

The following law of the German Democratic Republic shall remain in force:
Country Elections Act-LWG-of 22 July 1990 (GBl. I No 51 p. 960) Unofficial table of contents

Annex II Kap II A II Annex II, Chapter II
Area A-State and constitutional law
Section II

The following law of the German Democratic Republic shall remain in force with the following amendments:
§ 1 (1), § 2 (2) and (3), § § 22, 23 (2) and (3) and § 25 (1) of the Law on the Land Law of 22 July 1990 (GBl). I No 51 p. 955)
with the following changes: In § 1 (1) and § 25 (1), the date 14 is replaced by the date 14. October 1990, date 3. October 1990. Unofficial table of contents

Annex II Kap II A III Annex II, Chapter II
Area A-State and constitutional law
Section III

(Section III (a) to (d) no longer apply) Unofficial table of contents

Annex II Kap II B I Annex II, Chapter II
Area B-Administration
Section I

The following law of the German Democratic Republic shall remain in force:
Law on the Self-Government of the Municipalities and Districts of the GDR (municipal constitution) of 17 May 1990 (GBl. I n ° 28 p. 255)
-----

*)

" The Contracting Parties agree that Section 13 (2), second sentence, of the German Democratic Republic Act shall be without any object, in so far as it is based on the decision to be taken on 13 November 1990 by the German Democratic Republic of Germany. Federal Constitutional Court is not to be agreed with the Basic Law on the right of foreigners to vote in the Länder of Hamburg and Schleswig-Holstein. "

Unofficial table of contents

Annex II Kap II B III Annex II, Chapter II
Area B-Administration
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Law on the granting of residence for foreigners in the German Democratic Republic-Foreigners ' Law-of 28 June 1979 (GBl. 149) with the exception of § § 4, 5, 6 (3) sentence 2, § 7 (3) sentence 2 and § 9 as well as with the following measures:

a)

Foreigners are anyone who is not German within the meaning of Article 116 (1) of the Basic Law.

b)

In accordance with § 6 (3) sentence 1, a permit may only be granted under the provisions of § § 10 and 11 of the Foreigners Act of 28 April 1965 (BGBl. 353), as last amended by Article 9 (5) of the Law of 26 June 1990 (BGBl). 1163), the words "or declared invalid" shall not be applied.

c)

In accordance with Section 6 (4), the authorisation shall be issued in addition to the expiry of the deadline by leaving the Federal territory, provided that a re-entry has not been approved.

d)

The procedure for deprivation of liberty in accordance with § 8 is governed by the law on the judicial procedure in the case of deprivation of liberty in the revised version published in the Bundesgesetzblatt (Part III), outline number 316-1, last amended Article 12 (2) of the Law of 9 July 1990 (BGBl. 1354), with the measures determined by this Treaty.

e)

The law shall expire on the expiry of 31 December 1990.

2.

Arrangement on the stay of foreigners in the German Democratic Republic (AusländerArrangement-AAO-) of 28 June 1979 (GBl. No 17 p. 154), with the following proviso: the order shall be repeal with effect from 31 December 1990.

3.

Implementing regulation on the law on the granting of residence for foreigners in the German Democratic Republic-Aliens Act-for the granting of permanent residence or residence. of the longer-term stay (residence regulation) of 11 July 1990 (GBl. 48 p. 869), with the following measures:

a)

For the purposes of this Regulation, a foreigner is anyone who is not German within the meaning of Article 116 (1) of the Basic Law.

b)

In § § 14 and 17 the appeal of the appeal shall be replaced by the appeal of the appeal. By way of derogation from the first sentence of Article 14 (2), the opposition shall be submitted in writing or in writing within one month of the announcement of the decision.

c)

The court proceedings (§ 15) are governed by the administrative court order.

d)

The Regulation shall expire on the expiry of 31 December 1990.

4.

Arrangement of 21 December 1989 on the fulfilment of the reporting obligation (GBl. 274), with the following proviso: § § 1 and 2 and the annex to the order shall be repeal with the date of the date of entry into force of the accession.

5.

By 31 December 1992 at the latest, the Office for Mapping And Surveying of the German Democratic Republic shall continue to act as a joint office of the countries referred to in Article 1 (1) of the Treaty, by 31 December 1992 at the latest. The tasks which fall within the competence of the countries are perceived. It shall be transferred, within the period referred to in the first sentence, to the corresponding institutions of the countries concerned.

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Annex II Kap II C III Annex II, Chapter II
Area C-Public security
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Regulation on Reporting in the German Democratic Republic-Reporting Order (MO)-of 15 July 1965 (GBl. 761), as last amended by the Third Regulation on Reporting in the German Democratic Republic-Reporting Order (MO)-of 29 May 1981 (GBl). 281), with the following measures:

a)

The following provisions are not applicable: § 2 para. 3, § 9 para. 3 sentence 2, § § 10, 14, 15, 17, para. 9, § 20 para. 2, § 22 para. 2, § § 25, 26, 27, 28 para. 1 no. 2, § 28 para. 2 and 5, § § 29 and 30.

b)

§ 7 (4) is to be applied in the following version: "Reported persons may be represented by an exonerated household member in the event of the registration and unsubscription."

c)

If a person subject to a notifiable person has another apartment, which is within the scope of the Basic Law, the determination of the main and secondary apartment according to § 12 (2) and (3) of the Basic Law shall be determined by way of derogation from § § 7 and 8 of the Reporting framework law.

2.

Law on the tasks of the police of 13 September 1990 (GBl. I n ° 61 p. ...) with the following measures:

a)

This law shall remain in force until the entry into force of police laws in the countries referred to in Article 1 (1) of the Treaty, but no later than 31 December 1991.

b)

With the effect of accession, § 81 shall be repeal.

Unofficial table of contents

Annex II Kap III Annex II, Chapter III
Division of the Federal Minister of Justice

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1153-1193) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification II Cape III)-All documents relating to Chapter III of Annex II shall be issued,

b)

subject-related (e.g. B. Unification II Cape III C)-All documents relating to the subject C of Chapter III of Annex II shall be issued,

c)

section-related (e.g. B. Unification II Cape III C III)-The document is given in section III of Section C of Chapter III of Annex II,

Unofficial table of contents

Annex II Kap III A I Annex II, Chapter III
Area A-Legal care
Section I

The following law of the German Democratic Republic shall remain in force:

1.

Implementing provisions for the Regulation on the activities of notaries in their own practice of 9 August 1990 (GBl. I No 54 p. 1152)

2.

Regulation on the Code of Service of Notaries (DONot) of 22 August 1990 (GBl. I n ° 57 p. 1332)

3.

Law on arbitration in the municipalities of the. September 1990 (GBl. I No 61 p.)

4.

Regulation on the training of students enrolled in the legal sections of the universities of the German Democratic Republic before 1 September 1990, of 5 September 1990 (GBl. I No 59 p. 1436)

5.

Decision of the People's Chamber of the German Democratic Republic on the Law of the Judith Law on the formation and functioning of the Judges ' Elections Committees-July 22, 1990 (GBl. I n ° 49 p. 904)

6.

Implementing Regulation on the Judge Act of 1 August 1990-Disciplinary Code-(GBl. I n ° 52 p. 1061)

7.

First implementing provision of the Judge Act of 14 August 1990 (GBl. I No 56 p. 1267)

8.

Determination of the law of law-order for the election and appointment of honorary judges-of 1 September 1990 (GBl. I n ° 62 p. ...)

9.

Arrangement on the assistant time for university graduates at the district courts of the German Democratic Republic-Judge Assistance Order-dated 24 January 1978 (GBl. I n ° 6 p. 88)

10.

Arrangement on the appointment of interpreters and translators for the Courts and State Notariats of 5 February 1976 (GBl). I n ° 6 p. 101).

Footnote

Sect. I n ° 8 (italic pressure): determination of the implementation. by § 1 No. 1 G v. 30.1.2002 I 567 mWv 7.2.2002 Unofficial table of contents

Annex II Kap III A II Annex II, Chapter III
Area A-Legal care
Section II

The following law of the German Democratic Republic shall remain in force with the following repeals, amendments, additions and measures:

1.

Regulation on the General Enforcement-General Enforcement Order of 6 June 1990 (GBl). 285), as amended by the Second Regulation on the General Enforcement-Interruption of the procedure-of 25 July 1990 (GBl). I n ° 45 p. 782), with the following measures:

a)

It shall continue to apply in the territory referred to in Article 3 of the Treaty as the law of the Federal Republic of Germany.

b)

It shall be amended as follows:

aa)

The heading is taken as follows: 'General order of enforcement'

bb)

The sentence before § 1 shall be deleted.

cc)

§ 1 shall be amended as follows:

-

The first sentence of paragraph 1 shall be read as follows: " The total enforcement shall be the insolvency of a natural or legal person and of a non-legally competent partnership or estate, in the case of a legal person or of a legal person or of a person who is a legal person or a person of a legal person. Remission also in the case of overindebtedness. "

-

The second sentence of paragraph 2 shall be repealed.

-

In the first sentence of paragraph 4, the words 'General enforcement order' shall be replaced by the word 'general order of enforcement'.

-

In the second sentence of paragraph 4, the words 'this Regulation' shall be replaced by the words 'this Act'.

dd)

§ 6 (1) sentence 1 is stated as follows: "The opening decision shall be made public in a daily newspaper and in part in the Federal Gazette."

ee)

In Section 9 (2), the word 'workers' shall be replaced by the word 'workers'.

ff)

In Article 10 (1) (3), the word 'completed' shall be replaced by the word 'carried out'.

gg)

§ 12 is taken as follows: " § 12Property rights and pledge rights of third parties (1) Items in which third parties are entitled to a property right or a pledge are to be issued by the liquidator to the beneficiaries if he does not dissolve the lien by payment. If the liquidator refuses to issue an object or the recognition of a lien, the person entitled to the property may lawfully complain or to his/her right. (2) The exploitation of the objects claimed by third parties shall be (3) The liquidator also has the sums of money required to cover further administrative expenses and the amounts required for the performance of non-recognised claims up to the Adjustment of the total extension or to be retained until the decision on the existence of disputed claims. A surplus remaining in the adjustment of the total execution shall be subsequently distributed. "

hh)

§ 13 shall be taken as follows: " § 13Pre-payment claims (1) The liquidator shall, with the consent of the court, settle in advance in the following order from the resources available:

1.

the necessary expenses incurred by the administration, including those resulting from the conclusion or the performance of contracts, the assertion of debtor's claims and rights, and the detachment of lien are created;

2.

the court costs of the proceedings, including the remuneration of the liquidator and the members of the creditors ' committee, as laid down by the court;

3.

with the same rank

a)

Wage or salary claims of employees employed in the debtor's undertaking, for a period not exceeding six months before the opening of the total execution, and for the period for which they are have been exempted from their employment as a result of termination by the liquidator;

b)

the claims of social security institutions and the Federal Labour Office for work on contributions, including sowing surcharges and on relocations for the last six months prior to the opening of the total execution.

(2) Go to the claims referred to in paragraph 1 (3) (a) for a period of time before the opening of the overall enforcement pursuant to Section 141m (1) of the Employment Promotion Act or in accordance with Section 9 (3) sentence 1 of the Act on Retirement on the Bundesanstalt für Arbeit über, so they will be corrected with the rank according to § 17 para. 3 no. 1. The same shall apply to the claims referred to in paragraph 1 (3) (b) for contributions which remain in relation to the debtor in accordance with Section 141n (2) sentence 1 of the Employment Promotion Act. "

ii)

Section 15 shall be amended as follows:

-

In the second sentence of paragraph 4, the words 'these creditors' shall be inserted after the word 'exposure amounts'.

-

In the first sentence of paragraph 5, the words "of a compulsory comparison" shall be replaced by the words "of a comparison".

jj)

In Article 16 (4), third sentence, the words 'of these creditors' shall be inserted after the word 'exposure amounts'.

kk)

Section 17 (3) is amended as follows:

-

Point 1 shall be taken as follows:

" 1.

with the same rank

a)

Wage or salary requirements for the period up to 12 months prior to the opening of the total execution,

b)

the claims made by the social security institutions and the Federal Labour Office for the last 12 months prior to the opening of the total execution on contributions, including sowing surcharges and lees, for the last 12 months;

c)

Claims arising from a social plan agreed by the liquidator, in so far as the sum of the social plan claims is not greater than the total of 3 months ' earnings of the workers affected by a dismissal and one third of the total number of persons to be distributed the same applies to benefits to be granted outside a social plan;

in so far as the exposures referred to in points (a) and (b) are not to be pre-determined in accordance with Section 13;

-

The previous point (2) shall be deleted; the previous numbers 3 to 5 shall be numbered 2 to 4.

b)

§ 20 shall be taken as follows: "§ 20Appellate decisions of the Court of First Instance shall be entitled to an immediate appeal to the debtor and to all interested parties."

mm)

§ 21 shall be taken as follows: " § 21Supplementary provisions (1) The remuneration and reimbursement of expenses of the liquidator and the members of the creditors ' committee shall be governed by the Regulation on the remuneration of the liquidator, the Comparison Manager, the members of the creditors ' committee and the members of the creditor advisory board in the adjusted version published in the Bundesgesetzblatt, Part III, outline number 311-6, as last amended by Regulation of 11 June 1979. (BGBl. 637), as amended. (2) The State Governments are empowered to assign, by means of a legal regulation, the total executing matters to a district court for the districts of several county courts, provided that the summary is applicable to a district court. It is appropriate to promote and expedite the procedures in a more rapid way. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. The first implementing provision for the Regulation on total enforcement of 31 July 1990 (GBl). No 54 p. 1152) shall continue to apply in the territory referred to in Article 3 of the Agreement as a legal regulation within the meaning of the first sentence, in accordance with the provisions of the State Law. "

nn)

In § 22, the following paragraph 4 is added: " (4) Paragraph 1 shall apply mutatily to a bankruptcy procedure which shall be opened within the scope of the bankruptcy order. Paragraphs 2 and 3 shall not apply in this case. '

oo)

In paragraph 23, the words 'On the entry into force of this Regulation' shall be replaced by the words 'On 1 July 1990'.

pp)

Section 24 is deleted.

c)

The revised version published in the Federal Law Gazette III, section 311-1, as amended, as last amended by Article 10 (2) of the Law of 19 December 1985 (BGBl), shall be transferred to the settlement order in the revised federal law. 2355), it is not to be applied. As far as possible, the relevant provisions of the General Enforcement Order or of the Law on the Interruption of Full Enforcement Proceedings shall be replaced.

d)

An overall enforcement procedure shall also cover the assets of the debtor within the scope of the bankruptcy order. The foreclosure of such assets or a separate bankruptcy procedure shall not be permitted.

2.

Second Regulation on total enforcement-Interruption of the procedure-25 July 1990 (GBl. N ° 45 p. 782), with the following measures:

a)

It shall continue to apply in the territory referred to in Article 3 of the Treaty as the law of the Federal Republic of Germany.

b)

It shall be amended as follows:

aa)

The heading is as follows: "Law on the Interruption of Full Enforcement Proceedings"

bb)

The sentence before § 1 shall be deleted.

cc)

In § 1, the words 'This Regulation' shall be replaced by the words 'This Act' and the word 'Enforcement order' shall be replaced by the word 'total order of enforcement'.

dd)

In Article 6 (3), first sentence, the word "immediate" shall be inserted before the word "complaint".

ee)

Section 7 is amended as follows:

-

In the fourth sentence of paragraph 1, the word "general enforcement order" shall be replaced by the word "general order of enforcement" and the words "in the rank according to section 17 (3) point 5" by the words "in the rank of § 17 para. 3 no. 4".

-

In the second sentence of paragraph 3, the word "general enforcement order" shall be replaced by the word "total order of enforcement".

ff)

In the first sentence of Article 9 (1) and (2), the word "general enforcement order" shall be replaced by the word "total order for the enforcement of the law".

gg)

§ § 10 and 11 are deleted.

3.

The general measures referred to in point 28 of Annex I, Chapter III, Section III, Section III, shall apply accordingly.

Unofficial table of contents

Annex II Kap III A III Annex II, Chapter III
Area A-Legal care
Section III

The following law of the German Democratic Republic remains-without prejudice to the provisions of y) to the German Law on Judges-No 8-in Annex I, Chapter III, Section III-Section III-shall enter into force with the following measures:

1.

Law of the Law of 13 September 1990 (GBl. I No 61 p.) with the following measures:

a)

To the extent that the German Democratic Republic has jurisdiction in the case of attorney matters in the Supreme Court, the Senate of the Federal Court of Justice shall be replaced by the Attorney General's office. The Federal Attorney General.

b)

Where reference is made to the Rules of Procedure for the judicial review of administrative decisions, the law on the matters of voluntary jurisdiction shall be replaced by the law.

c)

The lawyers ' chambers established by the German Democratic Republic (Deutscher Democratic Republic) belong to the Bundesrechtsanwaltskammer (Federal Legal Bar). Regulations concerning the concentration of lawyers ' chambers in accordance with the professional law of the German Democratic Republic are no longer required.

d)

To the extent that the German Democratic Republic has authorized the Minister of Justice to issue legal orders, the Federal Minister of Justice shall be replaced by the Federal Minister for Justice.

e)

The ability to work as a lawyer also has the ability to become a judge's office in accordance with § § 5 et seq. of the German Judge Act, or who has passed the aptitude test in accordance with the law on the aptitude test for admission to the legal profession of 6 July 1990 (BGBl. I p. 1349).

f)

Rules on the local law are no longer required. They shall also not apply to legal relationships which have been entered into before the date of accession.

2.

Regulation on the activities of notaries in their own practice of 20 June 1990 (GBl). 475), as amended by the Regulation amending and supplementing the Regulation on the activities of notaries in its own practice of 22 August 1990 (GBl). I n ° 57 p. 1328), with the following measures:

a)

In so far as the Senate is responsible for notary matters with the Supreme Court, the Senate for Notarables of the Federal Court of Justice shall be replaced.

b)

The emergency chambers belong to the federal notary chamber.

c)

Where reference is made to the provisions of the disciplinary proceedings against Judges of the German Democratic Republic, the law of the disciplinary proceedings against federal civil servants shall be replaced by the law of the Judges of the German Democratic Republic; to the extent that the law for the review of Administrative decisions are referred to in their place for the procedure § § 33, 35 (1) and (2), § § 36, 37 and 38 (4) to (6) and for the costs (§ § 179 to 182 of the Law on Lawyers).

d)

§ 2 shall be applied in the following text: " § 2Position and duties of the notary (1) The notary acts as an independent organ of the administration of the administration of the state. He is an impartial carer of the right-seekers. (2) The notaries are responsible for making assessments of any kind, as well as signing signatures, hand signs and transcripts. Its tasks include, in particular, the certification of assembly decisions, the taking of rafts and draw-outs, the inclusion of asset lists, the establishment and acceptance of seals, the inclusion of protests, the (3) The notaries are also responsible for accepting dismissals as well as issuing sub-mortgage and partial-primary school letters. (4) The notaries are also responsible for carrying out voluntary auctions. They shall only perform an auctioning of movable property if it is caused by the auctioning of immovable property or by an asset which has been assessed or mediated by the notary. (5) To what extent notaries shall be responsible for the Placement of succession and total material suspensions-including the issuing of certificates in accordance with § § 36 and 37 of the Land Order Code-for the acceptance of the inventories and inventories of the estate, as well as for the installation and acceptance of seals in the The scope of a post-authorisation procedure shall be determined by the following: (6) In addition, notaries are responsible for the performance of the tasks referred to in § § 21 to 24 of the Federal Code of Notaryance. "

e)

The Minister of Justice of the German Democratic Republic pursuant to Section 18 (3) of the Regulation on the activities of notaries in his own practice of 20 June 1990 (GBl). 475), as amended by the Regulation amending and supplementing the Regulation on the activities of notaries in its own practice of 22 August 1990 (GBl). 1328), it is the Federal Minister of Justice who is responsible for this task.

3.

The general measures referred to in point 28 of Annex I, Chapter III, Section III, Section III, shall apply accordingly.

Footnote

Sect. III No. 1 italic print: G deg. by Article 21 (1), first sentence, in accordance with d. Art. 21 (2) to (13) of (G), 2.9.1994 I 2278 (RPNeuOG) mWv 9.9.1994 Unofficial table of contents

Annex II Kap III A IV Annex II, Chapter III
Area A-Legal care
Section IV

In the part of the Land Berlin, where the Basic Law has not been applied until now, the following special features apply:

1.

The following provisions shall not apply:

a)

Law of the Law of 13 September 1990 (GBl. I No 61 p.)

b)

Regulation on the activities of notaries in their own practice of 20 June 1990 (GBl). 475), as amended by the Regulation amending and supplementing the Regulation on the activities of notaries in its own practice of 22 August 1990 (GBl). I No 57 p. 1328)

c)

Implementing provisions for the Regulation on the activities of notaries in their own practice of 9 August 1990 (GBl. I No 54 p. 1152)

d)

Regulation on the Code of Service of Notaries (DONot) of 22 August 1990 (GBl. I n ° 57 p. 1332)

2.

The overall order of enforcement and the law on the interruption of the overall enforcement procedures shall apply with the following additional measures:

a)

The district court shall be replaced by the district court.

b)

The overall order of enforcement and the law on the interruption of the overall enforcement proceedings are to be applied even if a jurisdiction of courts in the part of the Land of Berlin is established, in which the Basic Law has already been applied to date.

c)

Section 21 (2) of the General Enforcement Order also authorizes the allocation of disputes in accordance with the General Enforcement order to a district court in the part of the Land Berlin, in which the Basic Law has been applied to date.

Unofficial table of contents

Annex II Kap III B I Annex II, Chapter III
Subject B-Civil law
Section I

The following law of the German Democratic Republic shall remain in force:

1.

Section 2 (4) of the order to secure the legal status of the recognized persecuted persons of the Nazi regime of 5. October 1949 (ZVOBl. I n ° 89 p. 765)

2.

Regulation on the application of property rights claims of 11 July 1990 (GBl. I No 44 p. 718)

3.

Second Regulation on the application of property rights claims of 21 August 1990 (GBl. I No 56 p. 1260)

With the entry into force of this Agreement, the following laws of the German Democratic Republic shall enter into force:

4.

Law on special investments in the German Democratic Republic "Law on special investments in the German Democratic Republic § 1Special investment purposes (1) Land and buildings formerly known as" Volkseigentum " and The subject of repatriation claims may or may not be the subject of a claim under the Regulation on the application of assets of 11 July 1990 (GBl), even if an application has been submitted. 718), when there are special investment purposes. (2) Special investment purposes are available when a project is urgent and suitable for:

a)

securing or creating jobs, in particular through the establishment of a commercial establishment or a service undertaking;

b)

the coverage of a substantial housing needs of the population, or

c)

the infrastructure measures required for such projects

and the use of this land or building is necessary for this purpose. (3) The project holder is obliged to carry out a plan which he has submitted and which has the essential characteristics of the project. The certificate in accordance with section 2 (2) may only be issued if, in accordance with its personal and economic circumstances, it provides sufficient assurance for the implementation of the plan. It shall be subject to the requirement that a provision be included in the contract of sale to the effect that the property or building shall fall back to the transferor upon expiry of a fixed period in the event of failure to implement the plan. § 2Land traffic and investment certificate (1) The approval under the Regulation on the Transport of Land-Land Traffic Regulation-of 15 December 1977 (GBl. I 1978 No 5 p. 73), as amended by the 1. Civil Rights Change Act of 28 June 1990 (GBl. No 39 p. 524), if a certificate referred to in paragraph 2 is submitted by the applicant; § 6 para. 2 and § 7 of the Regulation on the application of property rights claims of 11 July 1990 (GBl. No 44 p. 718) shall not apply. (2) At the request of the transferor of a property or building, after consulting the municipality, the Landratsamt or the municipal authorities shall certify the existence of a specific investment purpose if the The conditions laid down in § 1 shall be fulfilled and, as long as no administrative or judicial decision or a notification of the intended retransmission by the competent authority has been issued for the purpose of retransmission. The application may only be submitted by 31 December 1992. (3) The body responsible for the management of the land register may only enter an authorisation-based disposal in the land register if the approval certificate has been submitted. It shall not register any more if the approval authority has informed the Commission that an appeal has been lodged with suspensing effect against the notification of the approval. The approval authority shall be obliged to make such a notification without delay if the conditions for such notification are met. The same applies if the suspensive effect of the appeal is no longer valid. § 3Compensation (1) A person entitled to repatriate property rights in a property or building under these rules may be excluded from the Divesters require payment of a sum of money in the amount of the proceeds from the sale of the property or building. If the proceeds are less than the traffic value which the property or building had at the time of the sale, the calculation may require payment of the traffic value. If, according to other regulations, he is entitled to compensation, he can take advantage of this option. (2) If a subsequent increase in the purchase price is issued in the sale contract and the purchase price is due to this agreement. In the cases referred to in the first sentence of paragraph 1, the beneficiary may, however, not be entitled to claim more than the amount of the total proceeds from the sale. (3) In the cases of the The first and second sentences of paragraph 1 and of paragraph 2 shall be those which have been adopted since the transition to the general public To identify and compensate for value reductions financed by the State budget, as well as the impairment losses that have occurred. § 4Administrative procedure (1) Before issuing the certificate in accordance with § 2 (2), the person claiming a return transfer claim shall be heard if the person who has received the certificate is entitled to a The landratsamt or the municipal authorities shall be aware of the application and the address of the applicant for the charge. The hearing may not be held if the expected duration of the proceedings before its implementation would endanger the success of the proposed transaction. (2) If compelling public interests so require, the immediate enforcement of the Authorisation shall be particularly ordered. "

5.

Law on the regulation of open assets: " Law on the regulation of the open asset section IGeneral provisions § 1Scope (1) This Act regulates property rights claims on assets which are

a)

have been expropriated and transferred to people's property without compensation;

b)

have been expropriated against lower compensation than they were citizens of the former German Democratic Republic;

c)

have been sold to third parties by the State's liquidator or by the person entitled to dispose of it in the form of a public property;

d)

on the basis of the decision of the Bureau of the Council of Ministers of 9 February 1972, and in the context of the provisions relating to national property, have been transferred.

(2) This Act also applies to built-up land and buildings which, due to non-cost-covering rents and as a result of the over-indebtedness of the property, are taken over by expropriation, waiver of property, gift or inheritance in the national property. (3) This Act also applies to claims on assets and rights of use resulting from unfair machinations, such as (4) This Act also regulates the repeal of the

-

state trust management of the assets of citizens who have left the territory of the German Democratic Republic without the approval required at that time;

-

Provisional administration of assets of citizens of the Federal Republic of Germany and Berlin (West) as well as of legal entities established in the Federal Republic of Germany or Berlin (West), the State organs of the German Democratic Republic has been delegated by law;

-

Administration of foreign assets transferred to the government of the German Democratic Republic

(5) This law includes the treatment of claims and other rights in respect of assets under paragraphs 1 to 4. (6) This Act shall be applied in accordance with the property rights of citizens and associations which, in the period from 30 January 1933 to 8 May 1945, persecuted for reasons of racial, political, religious or ideological reasons. and therefore their assets as a result of forced sales, expropriations or (7) This law applies accordingly to the return of assets held in connection with the repeal of illegal criminal, administrative or administrative law in accordance with other provisions. (8) This Act shall not apply to:

a)

the expropriation of assets on the basis of a prudential or prudential basis;

b)

property rights, which have been regulated by the German Democratic Republic through intergovernmental agreements;

c)

Share rights in the Altguthabredemption bond;

d)

for the claims of local authorities of the acceding area pursuant to Article 3 of the Agreement of Accession, insofar as they are provided by the Local Property Law of 6 July 1990 (GBl. § 2Definitions (1) Calculated within the meaning of this Act are natural and legal persons whose assets are affected by measures pursuant to § 1, and their legal successor. (2) Assets in the sense of the this law is built and undeveloped land as well as legally independent buildings and buildings (hereinafter referred to as land and buildings), rights of use and rights in rem on land or buildings as well as movable property. Assets within the meaning of this Act are also account balances and other claims relating to cash payments, as well as property/holdings in undertakings or in establishments/branches of undertakings with registered offices outside the Section IIRetransmission of assets § 3Principle (1) Assets which have been transferred to and transferred to third parties in the sense of § 1 and are transferred to third parties shall be subject to application to the following To be returned entitled to the right of return if not excluded under this law is. The competent authority shall decide on the return transfer. (2) If claims for the return of the same asset are claimed by a number of persons, that person shall be deemed to be the first person to be the first person to be the first person to be transferred from a measure pursuant to § 1. (3) Is a notification under the Regulation of 11 July 1990 on the application of property rights claims (GBl). No 44 p. 718), as last amended by the second Regulation of 21 August 1990 on the application of property rights, referred to in the following Regulation, the person entitled to dispose of the property shall be bound by the conclusion of the To refrain from legal transactions or the commission of long-term contractual obligations without the consent of the beneficiary. Excluded are such legal transactions, which are strictly necessary for the performance of the owner's legal obligations or for the maintenance and management of the asset. This also applies in case of late registration. (4) If the registration period (§ 3 of the Registration Regulation) is missed and there is no late application, the person entitled to dispose of the property shall be entitled to dispose of the property or to be liable to the debt or to the right of property. Commitments. If the property has not yet been owned, the beneficiary may still claim the right to a return transfer. (5) The person entitled to power has to make sure that there is no application within the meaning of paragraph 3. § 4 Exclusion of the retransmission (1) A retransmission of the Property rights or other rights in assets are excluded if this is no longer possible by the nature of the property. (2) The transfer is also excluded if natural persons, religious communities or Non-profit foundations in a redwise manner on the asset owned or in rem have acquired rights of use. This shall not apply in the case of land and buildings, provided that the legal transaction on which the acquisition is based shall be after the 18. (3) As a rule, the acquisition of rights is generally to be regarded as being unreputable if it is to be considered as being unreputable to the effect of the

a)

was not in accordance with the general legal provisions, procedural principles and administrative practice applicable at the time of acquisition in the German Democratic Republic, and the acquirer knew or should have known that , or

b)

it was based on the fact that the acquirer had acted as a result of the corruption or exploitation of a personal position of power on the date or the terms of the acquisition or on the choice of the work force, or

c)

was influenced by the fact that the acquirer was able to benefit from a coercive situation or deception of the former owner, brought about by himself or by third parties.

§ 5 Exclusion of the retransmission of property rights in land and buildings Retransmission of property rights in land and buildings is excluded in accordance with § 4 (1), in particular even if land and buildings are

a)

have been altered in terms of their use or purpose, and there is a public interest in this use,

b)

have been dedicated to common use,

c)

have been used in complex housing or settlement building,

d)

to commercial use, or included in a business unit, and cannot be returned without significant impairment of the company.

§ 6Retransfer of undertakings (1) A company shall be returned to the beneficiary upon request if, in the light of technical progress and general economic development, it shall be returned to the person concerned in the case of the The date of the expropriation is comparable. Substantial deterioration or substantial improvements in the assets or earnings situation shall be in balance. The undertaking shall be comparable to the undertakings concerned if the product or service portfolio of the undertaking has remained unchanged in principle, taking into account technical and economic progress, or if the undertaking concerned has been Products or services have been replaced by others. If the enterprise has been merged with one or more other undertakings, it is for comparability only that part of the enterprise. (2) A significant deterioration in the financial situation is available if the company is responsible for the situation in which the company is located. Establishment of the opening balance sheet on 1 July 1990 under the D-market balance sheet, resulting in an over-indebtedness or concealment of the minimum capital required by law for the legal form. In this case, the company shall be entitled to the claims in accordance with § § 24, 26 (3), § 28 of the D-market balance law; these claims may not be rejected. In the case of § 28 of the D-market balance law, the capital devaluation account must be paid out by the pledge. The claim under the second sentence shall be waited to the extent that it is proved that the capital ratios were not more favourable at the time of the expropriation. (3) A substantial improvement in the financial situation shall be available if the establishment of the D-Markeropening balance sheet according to the D-market balance law a compensation according to § 26 of the D-market balance sheet is obtained and it is proved that the company at the time of the expropriation in proportion to the balance sheet total a lower equity capital had. A lower equity capital need not be proven, insofar as the compensatory obligation corresponds to the valuation of land or buildings, which at no time were the property of the company. (4) A substantial Changes in the earnings situation shall be subject to the expected turnover in units of products or services likely to be set off after the financial year beginning 1 July 1990, taking into account the general economic Development is significantly higher or lower than at the time of the expropriation. Where new products have to be developed in order to achieve a comparable turnover, the necessary development costs shall be subject to a refund, unless the undertaking is not capable of refurbishment. If the turnover is substantially higher than at the time of the expropriation, in particular because of the development of new products, the development costs necessary for this shall be incurred, insofar as these would not have been written off in the event of their activation, a (5) The return of the disgraded undertakings to the beneficiaries shall be effected by the transfer of the rights granted to the owner of the property in accordance with the provisions of the according to the respective legal form. If the undertaking has a legal form other than that which occurred, it shall, at the request of the person concerned, be converted into the former or another legal form before being returned to the company. Where the undertaking to be returned has been merged with one or more other undertakings into a new unit of enterprise, if the undertaking is not to be unleaned, the value shall be transferred to the person entitled to the value of the shares in the undertaking concerned, the corresponding application of paragraphs 1 to 4 in the case of unbundling corresponds to the ratio of the carrying amount of the undertaking to be returned to the carrying amount of the undertaking as a whole. The unbundling cannot be required if it is not economically justifiable. If shares remain with the Treuhandanstalt, in particular in order to compensate for substantial increases in value, they may be acquired by the shareholders who have been transferred to the shareholders ' rights under this Act. (6) The request for the return of a The company may be placed by any of the beneficiaries. The beneficiary ' s application shall be deemed to be in favour of all the beneficiaries to whom the same entitlement is entitled. Instead of returning the compensation, the compensation can be chosen if no person entitled to return is entitled to return. (7) If the return referred to in the first sentence of paragraph 1 is not possible, or if the person entitled to compensation is to be entitled to compensation, the value of the Company at the time of the acquisition in Volkseigentum or in state administration in German mark to be reimbursed. A purchase price or redemption amount received at that time is to be converted to a German mark in the ratio of two marks of the German Democratic Republic and to be deducted from the amount of the compensation. (8) If in the cases of § 1 (1) (d) the If it is returned at the date of entry into force of this Act, the beneficiary may require that the return be checked in accordance with the provisions of this Act and adjusted in accordance with the conditions of the latter. (9) The Minister of Finance shall be authorized, in agreement with the Minister for Economic Affairs, by means of a legislative decree Procedures and the responsibility of the authorities or bodies for the implementation of the return and compensation of undertakings and shareholdings, as well as rules on the calculation of changes in the assets and earnings situation of the undertakings and participations of the § 7Value Balance In the case of the retransmission of assets-except in the cases of § 6-the value increases financed since the transition into national property from the state budget, as well as the to identify and compensate for any impairment losses that have occurred. § 8Right of voting (1) Insofar as the beneficiaries are entitled to a retransmission according to § 3, they may instead choose compensation. Excluded are beneficiaries whose land was taken over by property waiver, gift or inheritance in folk property. (2) If the right to a majority of persons is authorized, the right to vote can only be exercised in a joint form. 9Principles of compensation (1) In the cases of § 4 (1) and (2), compensation shall be granted in money. No compensation shall be granted for land within the meaning of § 1 (2), which has been accepted by property waiver, gift or inheritance in folk property. (2) Can not repatriate a property for the reasons of § 4 para. 2 , the compensation may be made by means of the transfer of land with the most comparable value possible. If this is not possible, it is also possible to compensate in money. § 21 (3) sentence 1 and (4) applies accordingly for the provision of replacement plots. (3) The details are regulated by law. § 10Moving things (1) movable property has been sold and cannot be used in accordance with § 3 (3) and § 4 (2) and (3). , the beneficiaries are entitled to the proceeds of the proceeds against the compensation fund, provided that the proceeds have not already been credited or disbursed in an account. (2) The proceeds of the proceeds of the proceeds of the proceeds of the recovery shall be shall not be entitled to any proceeds, the beneficiary shall not be entitled to compensation. IIIRepeal of the state administration § 11Principle (1) The state administration of assets shall be revoked at the request of the beneficiary by decision of the authority. The authorized person can instead choose compensation in accordance with § 9. (2) If the beneficiary has not registered his claim until the expiry of the registration period (§ 3 of the Registration Ordinance), the state administrator is entitled to of the assets under management. The disposal of the asset is no longer permissible if the person entitled to the assets has registered his claim to the assets under management after the expiry of the period. (3) The liquidator has to make sure that no notification is made in the sense of (4) In the case of the proceeds of the sales proceeds, the person entitled to the proceeds shall be entitled to the proceeds. If no claim is filed by the beneficiary, the sales proceeds shall be deducted from the administrative authority responsible for the compensation fund. (5) Insofar as state-managed funds are discriminatory or otherwise, the proceeds of the sale are subject to , compensation should be provided for. § 12 State-managed companies and company participations The modalities of the repatriation of state-managed enterprises and company participations shall be governed by § 6. § 13Liability of the State Administrator (1) Is the beneficiary of the State-administered asset by a grossly infringed breach of the obligations arising from the have resulted in a material disadvantage by the State liquidator or as a result of violation of other obligations of the State Administrator during the time of the State administration, has resulted in unlawful material disadvantage, (2) The damages shall be based on the basis of (3) The compensation fund is subject to a compensation from the State administrator or the local authority which is the parent of the compensation fund. § 14 (1) No claims for damages shall be granted to the authorized person if assets have not been taken into account by the state administration, because the competent state body is not aware of the existence of the objective conditions for the establishment of the State Verw. (2) A right to compensation shall not exist even if the person entitled to compensation was aware that the State administration was responsible for the the assets are not exercised or could reasonably have been obtained in the reasonable manner. § 15 Powers of the State Administrator (1) Until the state administration is lifted, the security and proper administration of the Asset value by the State administrator. (2) The State Until the repeal of the state administration, the administrator shall not be entitled to enter into long-term contractual obligations or to conclude legal transactions in rem without the consent of the owner. Exceptions are those legal transactions which are strictly necessary for the performance of the owner's legal obligations or for the maintenance and management of the asset. (3) The restriction provided for in paragraph 2 shall not apply after the expiry of the Registration period (§ 3 of the Registration Regulation), as long as the owner has not registered his claim to the state-managed asset. (4) The state administrator must make sure that no registration in the sense of the Section IVLegal relationships between beneficiaries and third parties § 16Adoption of rights and obligations (1) The rights and obligations arising from the ownership of the asset by the person entitled to retransfer property rights or the cancellation of the State administration shall be effected by the righthold himself or by the by a manager to be determined by the authorized person. (2) The person entitled to retransfer property rights or the cancellation of the State administration shall enter into all existing assets in relation to the respective asset value. Legal relationships. (3) Existing legal relationships can only be based on the § 17Miet and usage rights The retransmission of land and buildings or the repeal of the state administration will give rise to existing tenancy or usage rights. is not affected. This does not apply in the cases of § 1 para. 3 if the lessee or user has not been honest in the sense of § 4 para. 2 and 3 at the conclusion of the contract. § 18Land loads (1) In the case of the retransmission of land, the real Charges that existed at the time of the transition to people's property should be re-entered in the land register. To the extent that the beneficiary has already been satisfied by the State, the underlying claim shall be applied to the compensation fund. In such a case, at the request of the competent authority, a backup mortgage shall be entered in the land register in favour of the compensation fund, provided that the claim is not previously paid by the beneficiary. (2) Personal claims arising from Mortgages which have been justified in favour of fully-owned money or credit institutions and which continue to exist after the land has been transferred to the public, shall be extinguaged if no return transfer of the land to the person concerned is carried out. A compensation from the compensation fund shall be granted to the legal successor of the money or credit institution. (3) Building mortgages shall be taken over by the person entitled to compensation if any of the borrowing takes place, or if the creditor is responsible for the value of the loan. § 19Other claims of third parties to land (1) tenants and users of residential, recreational and commercial property can claim claims from them in connection with the property Expenses incurred in accordance with the requirements of the German Democratic Republic shall be the responsibility of the owner or a claim for application or application of the application, or The application shall be made within the framework of the procedure laid down in Section VI. (3) The person entitled to claim the claim shall be entitled to the right of payment. (2) an agreement is concluded on this. In the event of a dispute, the civil right is open. (4) The cancellation of the state administration or the retransmission is not affected. § 20Right of pre-emption (1) tenants and users of single and two-family houses as well as land for Recreational purposes, which are state-managed or which are entitled to a retransmission, shall be granted on request a right of pre-emption on the property. (2) In the case of land in which third parties have acquired property or rights of use, the person entitled is granted a right of advance on the property on request. (3) Applications for the registration of the right of pre-emption in accordance with the procedure laid down in Section VI. § 21 Replacement Land (1) Tenants or users of single-family houses and land for recreational purposes, which are state-managed or to which a legal the right of return has been asserted, may request that a replacement property be made available to the beneficiary if they are willing to buy the property. The authorized person is not obliged to use a replacement property. (2) Applications in accordance with § 9 (2) shall be considered as a priority. (3) The application referred to in the first sentence of paragraph 1 shall be equal if the beneficiary agrees to enter into force in accordance with the provisions of paragraph 1, paragraph 1. municipal property is available in the same municipal or municipal area and a transfer of ownership does not conflict with legitimate interests. This applies in particular if the tenants and users have incurred significant expenses for increasing the value or maintaining the value of the object. (4) Value differences between the value of the replacement property and the value of the land at the time of the (5) If a substitute property was transferred to the person entitled to a property-managed property, the State administrator is entitled to transfer the property to the tenant or to the tenant. Section VOrganisation § 22Implementation of the scheme open Property issues (1) The provisions of this law and the tasks relating to the compensation fund to be formed are carried out by the Länder of Mecklenburg-Western Pomerania, Brandenburg, Saxony, Saxony-Anhalt, Thuringia and Berlin. (2) The The establishment of the compensation fund is governed by law. § 23 State authorities The Länder establish offices and offices for the settlement of open property matters. § 24Lower state authorities For each county, every county-free city and for Berlin, one office will be on the regulation of open property issues as a lower national authority set up. In case of need, such an office can be formed for several counties as the lower state authority. § 25Obere Landesauthorities For each country a state office for the settlement of open property issues is formed. § 26Opposition committees (1) Each country office for the Open asset management is formed by an appeal committee; if necessary, a number of opposition committees may be formed. The committee consists of a chairman and two members. (2) The Committee of Appeal decides, independently of votes, on the contradiction of the opposition. § 27Amts and legal aid All authorities and courts have the right to vote in this section. § 28Transitional transitional arrangements (1) Until the establishment of the lower national authorities, the tasks of this law are to be carried out by the county offices or municipalities of the county-free towns and cities. perceived. The applications submitted on the basis of the application for registration are to be processed by the offices for the settlement of open property issues after their formation by the county offices or municipalities of the county-free cities for further processing (2) In order to ensure the uniform implementation of this law, the Council of Ministers shall assign a transitional authority to the Council of Ministers for the purposes of ensuring uniform implementation of this law. 29BeiratAt the central point pursuant to Section 28 (3), an Advisory Board shall be formed, which shall be composed of a representative of the countries referred to in § 22 (1), four representatives of the interest groups and four experts. Section VIprocedural regulations § 30Application claims under this Act are to be submitted to the competent authority by means of a request to assert. The application for the application is deemed to be a request for a retransmission or for the annulment of the state administration. § 31Duties of the Authority (1) The Authority determines the facts of its own motion, the applicant has to participate in this process. (2) The Authority shall inform the relevant legal entities or State administrators and third parties whose legal interests may be affected by the outcome of the proceedings to be informed of the application and to the further procedure (3) On request, the applicant shall be entitled to information from the Authority all the information required to enforce its claim. To this end, the credibility of the claim is sufficient. Information is to be provided in writing. (4) The authority is entitled to request comprehensive information from the legal entity, current owners, state administrators, as well as other comprehensive information with the management of assets of the property. Right to vote § 32 (1) The Authority shall inform the applicant in writing of the intended decision and shall give him the opportunity to comment within one month. 2. As long as the Authority has not yet decided, the applicant may, instead of retransmission of the asset, be entitled to the right to provide information pursuant to paragraph 31 (3). Repeal of the State Pamper In accordance with § 9. This does not apply in the cases of § 8 para. 1 sentence 2. (3) If the applicant has requested information, the authority may decide on the application no earlier than one month after the applicant has received the information. (4) Decisions and Notifications pursuant to this Section, which set a time limit, shall be notified to those concerned in their rights. § 33 (1) If the applicant has chosen compensation, the decision shall be limited to the determination of the entitlement and the Determination of the exercise of the right to vote; the further procedure shall be governed by special Rules. (2) On Value Match Claims. § 7 and the claims for damages pursuant to § 13 (2) and (3) and (14) shall be taken by a separate decision. (3) The decision shall be made to the parties in writing and shall be notified of the decision. The decision must be justified and provided with a right of appeal. (4) The decision must be sent to the parties to submit a surrender protocol. This information shall include information on the ownership and the status of the property, the agreements reached, the rights to be notified in the sense of § 19 and other essential provisions relating to the assets to be transferred. (5) The Decision will be passed one month after service if no objection is filed. § 34Transfer of ownership, correction and cancellation of notice on the state administration (1) With the indisputability of a decision on the retransmission of property rights or other dingy (2) In the case of the retransmission of property rights or other rights in rem in land and buildings, the Authority shall apply for the correction of the basic book to the authority responsible for the land register. Fees for the basic booking correction are not levied. (3) The person entitled is exempt from payment of the basic income tax. (4) In the case of the annulment of the state administration, the authority shall apply to the authority responsible for the land register. Deletion of the note on the state administration. § 35Austrian competence (1) The Office for the regulation of open property matters is responsible for the decision on assets in state administration, in the area of which the applicant, in the Hereditary case of the affected deceased, his last residence. This also applies to assets which have been confiscated and which have been transferred to people's property. (2) In the other cases, the Office is responsible for the regulation of open property matters, in the area of which the asset is situated. (3) If the application is to be made to In the case of a locally uncompetent office or another incompetent authority, they shall immediately submit the request to the competent office for the settlement of outstanding financial matters and shall notify the applicant. 36Opposition procedure (1) Can be taken against decisions of the Office for the regulation of open property matters Objection is raised. The opposition shall be made in writing, within one month of the notification of the decision, with the Office which has taken the decision. The objection is to be justified. If the objection is not remedied or not fully remedied, it shall be forwarded to the relevant Committee of Appeal. (2) If the annulment or amendment of the decision is likely to complain to a person other than the opposition leader, he shall be (3) The right to appeal is to be justified, to be provided with an instruction for the right to appeal and to deliver. § 37Admissibility of the court's right to appeal against the appeal of the appeal can the complained request § 38Costs (1) The following shall be made for the examination by the court. Administrative procedures, including the opposition procedure, are free of charge. (2) The applicant shall bear the costs of a representation. The costs of the representation in the opposition proceedings shall be reimbursed to the opposition leader, in so far as the assignment of an agent to the appropriate legal proceedings was necessary and the opposition was well founded. The decision on the matter shall be taken into account in the decision on the costs of the costs. § 39External force-The following provisions shall be repeal:

1.

First statement of implementation of the Ordination for the Protection of Assets of 8 September 1952 (VOBl. for Groß-Berlin Part I, p. 459)

2.

Regulation on the persons returning to the territory of the German Democratic Republic and the democratic sector of Groß-Berlin of 11 June 1953 (GBl. 78 p. 805)

3.

First implementation of the Regulation on the persons returning to the territory of the German Democratic Republic and the democratic sector of Groß-Berlin of 11 June 1953 (GBl). No 78 p. 806)

4.

Second implementation of the Regulation on the persons returning to the territory of the German Democratic Republic and the democratic sector of Groß-Berlin on 31 August 1953 (GBl). No 95 p. 955)

5.

Regulation on the management and protection of foreign property in the German Democratic Republic of 6 September 1951 (GBl. (No 111, p. 839)

6.

Ordinance on the administration and protection of foreign property in Groß-Berlin of 18 December 1951 (VOBl. for Groß-Berlin Part I No. 80 p. 565)

7.

Arrangement No. 2 on the treatment of the assets of persons who left the German Democratic Republic after 10 June 1953, of the 3. October 1958 (VOBl. for Groß-Berlin part I p. 673)

8.

Regulation on the rights and obligations of the liquidator of property of owners who have left the German Democratic Republic unlawful, against creditors in the German Democratic Republic of 11 December 1968 (GBl. II 1969 No 1 p. 1)

9.

Arrangement for the regulation of property issues of 11 November 1989 (GBl. I n ° 22 p. 247)

10.

§ § 17 to 21 of the Law on the formation and operation of private companies and on company participations of 7 March 1990 (GBl. 141), as last amended by the Law on the amendment or repeal of the laws of the German Democratic Republic of 28 June 1990 (GBl). I n ° 38 p. 483)

11.

as well as instructions issued on that legislation. "

Unofficial table of contents

Annex II Kap III B II Annex II, Chapter III
Subject B-Civil law
Section II

The following law of the German Democratic Republic shall remain in force with the following repeals:

1.

Regulation on the transport of land-Land traffic regulation-of 15 December 1977 (GBl. 73), as last amended by the 1. Civil Rights Change Act of 28 June 1990 (GBl. I n ° 39 p. 524)

a)

§ 3 (1), (2) and (4) are repealed.

b)

§ § 5 and 6 are repealed.

c)

§ 7 shall be replaced by the following: "The District Officials and the municipal authorities shall be responsible for the granting of the permit."

d)

§ § 8 to 15 are repealed.

Unofficial table of contents

Annex II Kap III B III Annex II, Chapter III
Subject B-Civil law
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:
The State Liability Act of 12 May 1969 (GBl. 34), as amended by the Law of 14 December 1988 (GBl). 28 p. 329), the following measures shall be applied as national law:

a)

The preamble is deleted.

b)

Section 1 (1) is replaced by the following: " (1) For damage suffered by a natural or legal person in respect of its assets or rights by employees or representatives of state or municipal bodies in the exercise of State In the event of illegal activity, the state or local authority shall be liable. "

c)

Section 1 (4) is replaced by the following: " (4) To compensate for damage caused to natural or legal persons in respect of their property or rights by a court decision, the following shall apply: existing laws or other legislation. "

d)

§ 2 shall be replaced by the following: " Natural and legal persons shall take all possible and reasonable measures to prevent or mitigate any damage. If they culpably violate this obligation, the liability of the state or municipal body shall be restricted or excluded accordingly. "

e)

§ 6a shall be replaced by the following: " The decision on the basis and the amount of the claim for damages (Section 5 (3)) shall be replaced by natural and legal persons after their appeal has been decided on the basis of a subdivision in paragraphs , the legal route to the ordinary courts. Without regard to the value of the object of the dispute, the district court is responsible, in the district of which the institution has its seat, from whose conduct the claim is derived. "

f)

§ 7 is deleted.

g)

§ 9 receives the following following: " (1) The legislation on the liability of employees shall apply to the replacement claim of the state or municipal bodies against employees on account of the damage caused by them and culpably caused by them. (2) If citizens are acting on behalf of state or local authorities, they may be used in the event of unlawful and deliberate damage caused by the appropriate application of the legislation on the liability of the employees. "

h)

§ 10 shall be replaced by the following: "A claim for damages shall also be granted to nationals of a foreign State who are not resident or permanent in the scope of this Act."

Unofficial table of contents

Annex II Kap III C I Annex II, Chapter III
Area C-Criminal law and anti-administrative law
Section I

The following law of the German Democratic Republic shall remain in force:

1.

§ § 84, 149, 153 to 155, 238 of the Criminal Code of the German Democratic Republic-StGB-of 12 January 1968 in the recast of 14 December 1988 (GBl. I 1989 No 3 p. 33), as amended by the 6. Law on Criminal Law of 29 June 1990 (GBl. 39 p. 526),

2.

§ § 8 to 10 of the 6. Criminal law amending the law of the German Democratic Republic of 29 June 1990 (GBl. 39 p. 526),

3.

§ § 5, 8, 16, 21, 23 of the Ordinance of 22 March 1984 on the Suppression of Administrative Offences (GBl. 173), as last amended by the Regulation of 27 June 1990 amending the Regulation of 22 March 1984 on combating administrative offences (GBl). 39 p. 542),

4.

§ 1 (2) to § 4 (1) and § 5 of the Law on the Interruption of Pregnancy of 9 March 1972 (GBl. I No 5, p. 89),

5.

§ 1 to § 4 (2) sentence 1 and § 4 (3) to § 9 of the Implementing Determination to the Law on the Interruption of Pregnancy of 9 March 1972 (GBl. (II) No 12 p. 149).

Footnote

Sect. I n ° 1 (italic pressure): § 149. By Article 4, sentence 2 G v. 31.5.1994 I 1168 mWv 11.6.1994
Sect. I n ° 3 (italic print): § § 5, 8, 16, 21 and 23 up. by § 1 No. 2 G v. 30.1.2002 I 567 mWv 7.2.2002 Unofficial table of contents

Annex II Kap III C II Annex II, Chapter III
Area C-Criminal law and anti-administrative law
Section II

The following law of the German Democratic Republic shall remain in force with the following amendment:
Section 191a of the Criminal Code of the German Democratic Republic-StGB-of 12 January 1968 in the recast of 14 December 1988 (GBl. I 1989 No 3 p. 33), as amended by the 6. Law on Criminal Law of 29 June 1990 (GBl. I n ° 39 p. 526)
§ 191a is taken as follows:
" § 191a
Causing an environmental hazard
(1) Anyone who, in breach of administrative obligations, causes an impurity of the soil with harmful substances or pathogens to a significant extent shall be punished with imprisonment of up to five years or a fine.
(2) The attempt is punishable.
(3) If the perpetrator is negligent, the penalty shall be imprisonment of up to two years or a fine.
(4) The administrative obligations referred to in paragraph 1 shall be infringed, in violation of a piece of legislation, of a fully-fledgable subsac, order or requirement for the protection of the soil against contamination. " Unofficial table of contents

Annex II Kap III C III Annex II, Chapter III
Area C-Criminal law and anti-administrative law
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:
Compensation for damages in advance of 14 December 1988 (GBl. I No 29 p. 345)
with the following conditions:
It shall apply to the applications submitted before the date of accession. Unofficial table of contents

Annex II Kap III D I Annex II, Chapter III
Area D-Trade and company law, insurance contract law
Section I

With the entry into force of this Treaty, the following law of the German Democratic Republic shall enter into force:

1.

Law on the opening balance sheet in German mark and the capital resettlement:

" Law on the opening balance sheet in German mark and the capital resettlement
(D Market Balance Act-DMBilG)

Content Summary
Section 1
Inventory. Opening balance. Annex
Subsection 1
Inventory. Opening balance
§ 1	Obligation to draw up
§ 2	inventory
§ 3	Inventory
§ 4	Establishment of the opening balance sheet
§ 5	Rules to be applied
Subsection 2
Accounting approach and assessment rules
§ 6	General requirements
§ 7	Reassessment
§ 8	Intangible assets
§ 9	Ground and ground
§ 10	Buildings and other facilities
§ 11	Financial Assets
§ 12	Stocks
§ 13	Requirements
§ 14	Cash balances, cheques, credit at financial institutions
§ 15	Clearance of accounts
§ 16	Liabilities
§ 17	Provisions
§ 18	Currency translation
Subsection 3
Annex. Comparative Representation
§ 19	Annex
§ 20	Comparative Representation
Section 2
Group opening balance. Total Open Balance
Section 21	Obligation to draw up
Section 22	Group Attachment
Section 23	Presentation and disclosure requirements
Section 3
Capital endowment
Subsection 4
Balance of wealth and capital adequacy of previously fully-owned enterprises
§ 24	Compensation requirements
Section 25	Compensatory liabilities
Section 26	Capital adequacy
Subsection 5
Refixing of the capital ratios of private enterprises
§ 27	Recommit
§ 28	Preliminary redetermination
§ 29	Company law relations
§ 30	Resolution of capital devaluation accounts
Subsection 6
Provisional Profit Reserve
Section 31	Provisional Profit Reserve
Section 4
Determination and adjustment of benefits in German marks
Section 32	Determination and adjustment of benefits in German marks
Section 5
Procedure
Subsection 7
Audit
§ 33	Audit
Section 34	Conduct of the audit
Subsection 8
Determination and correction
§ 35	Determination
§ 36	Rectification of value sentences
Subsection 9
Disclosure
Section 37	Disclosure
Section 6
Business-two-laws
Subsection 10
Rules applicable to financial institutions and to foreign trade
§ 38	Scope
§ 39	Opening balance
§ 40	Compensation requirements
Section 41	Compensatory liabilities
§ 42	Comparative Representation
Section 43	Audit
Subsection 11
Rules for insurance undertakings
Section 44	Scope
§ 45	Opening balance
Section 46	Check. Submission
Section 7
Criminal and disciplinary criminal law. Periodic penalty payments
§ 47	Criminal provisions
§ 48	Rules on the Rules of Procedure
§ 49	Determination of penalty payments
Section 8
Control. Fees
§ 50	Tax opening balance and follow-up effects
Section 51	Change-related asset changes
Section 52	Tax base values in other cases
Section 53	Economic years 1990 and final tax balance
§ 54	Pension provisions
§ 55	Deposits
§ 56	Fees
Section 9
Other provisions
Section 57	Resolution
Section 58	Fiscal year
Section 10
Final provisions
§ 59	Empowerment
§ 60	entry into force

Section 1
Inventory. Opening balance. Annex

Subsection 1
Inventory. Opening balance
§ 1
Obligation to draw up
(1) Companies with principal place of business (registered office) in the German Democratic Republic on 1 July 1990, who as merchants under Section 238 of the Commercial Code are obliged to lead books, have an inventory and an opening balance sheet in German mark for 1 July 1990, together with an Annex in accordance with § 19, which shall form a unit with the opening balance sheet. Companies which do not have to disclose their opening balance in accordance with Article 37 need not draw up an annex.
(2) As undertakings which are obliged to manage books in accordance with paragraph 1, the following shall also apply:

1.

fully-owned enterprises, enterprises, independent bodies and business management bodies, intermediate institutions and other economic units registered in the register of the national economy, as well as fully-owned goods,

2.

Limited liability companies, companies with limited liability in the construction,

3.

Co-operatives of any kind, including cooperative institutions,

4.

Undertakings with or without their own legal personality of the State, of the countries, counties, cities and municipalities which operate a trading business within the meaning of Article 1 of the Commercial Code, in so far as they are not in accordance with the provisions of Article 4 of the Commercial Code the trader,

5.

Institutions, foundations and associations which operate a trading business within the meaning of Article 1 of the Commercial Code, in so far as they do not belong to the trader referred to in Article 4 of the Commercial Code,

6.

the Deutsche Post,

7.

the Deutsche Reichsbahn,

8.

Branches and premises of undertakings referred to in paragraph 1, with principal place of business outside the German Democratic Republic.

(3) Paragraph 1 shall also apply to the Treuhandanstalt and to undertakings referred to in paragraphs 1 and 2 which are in liquidate or through whose assets the overall enforcement procedure has been initiated.
(4) If a company committed to the accounts carries out the business of a company designated in paragraphs 1 to 3 in its own or foreign name, but for a foreign invoice, it shall also comply with its obligations under this Act; the provisions of this Act shall apply accordingly.
(5) For the purposes of this Act, undertakings which are to be invoiced within the period laid down in Article 4 (1), first sentence, for the opening balance sheet or which are converted into a private legal form may, for the purposes of this Act, be deemed to have been invoiced as at 1 July 1990. are considered to be founded.

§ 2
inventory
Section 240 of the Commercial Code shall be applied accordingly to the inventory as of 1 July 1990. The inventory shall also include those assets which, after 30 June 1990, are transferred free of charge to the enterprise for the opening balance of the former wholly owned property within the time limit for the setting up of Article 4 (1), first sentence, of the first sentence of Article 4 (1) of the .

§ 3
Inventory
(1) In order to draw up the inventory, an inventory of the volume of assets and liabilities is not to be carried out if the assets and liabilities are complete at the inventory as at 30 June 1990. and the principles set out in paragraphs 2 to 6 have been respected. The assets and liabilities acquired only after 30 June 1990, which are to be included in the inventory pursuant to § 2 sentence 2 or § 4 para. 3, shall be included in the inventory or included separately. If the auditor was not present in the inventory for the companies subject to a review (§ 33 (1)), a new inventory can only be waived if the auditor acknowledges the regularity of the inventory as of 30 June 1990.
(2) The assets shall, in principle, be recorded physically. Section 241 of the Commercial Code may be applied, paragraph 3 (1), with the proviso that the inventory may be drawn up during the first four months of the financial year. The physical inventory may be subject to the assets of the fixed assets if they are recorded in a manner appropriate to the principles of regular accounting and, in the last twelve months, a physical exercise of the assets of the assets of the fixed assets. Recording took place.
(3) In the case of land and buildings, all statutory or contractual restrictions relating to their use, availability or recovery shall be recorded; moreover, it shall be noted that all the known facts from which they are based should be recorded. can result in financial commitments.
(4) Claims and liabilities shall be recorded in special lists and shall be demonstrated in a manner appropriate to the principles of proper accounting. Claims and liabilities to the State, the Treuhandanstalt, shareholders and subsidiaries (§ 21 para. 1 sentence 1) must be recorded separately; the legal reason shall be stated in each case. In the case of liabilities to financial institutions and foreign trading companies, the reason for granting credit shall be disclosed.
(5) Special lists shall cover all matters which may result in a provision in accordance with Article 249 (1), first sentence of the Commercial Code, for indefinite liabilities or for imminent losses arising from floating transactions, or for which: The provisions of Section 249 (1) sentence 2 of the Commercial Code are to be formed.
(6) In special lists, all liability conditions to be noted in accordance with § 251 of the Commercial Code and any other financial obligations to be reported in accordance with § 19 (3) (6) of the Annex, insofar as they are not, are to be included in the Annex. referred to in paragraphs 2 to 5.

§ 4
Establishment of the opening balance sheet
(1) The opening balance sheet and the Annex shall be drawn up in the first four months of the financial year. Companies which, in the opening balance sheet, have a balance sheet total of not more than three million nine hundred thousand German marks after deduction of a shortfall in accordance with Article 268 (3) of the Commercial Code, or which shall not exceed 50% on 1 July 1990. Employees shall be entitled to establish the opening balance sheet and the appendix in the first six months of the financial year if this is in accordance with a proper business operation.
(2) The opening balance sheet and the appendix shall, in accordance with the principles of regular accounting, give a true and fair view of the asset in the sense of section 264 (2) sentence 1 of the Commercial Code. If special circumstances lead to the opening balance sheet not giving a true and fair view, additional information shall be provided in the Annex, provided that such an image is to be drawn up. Only those principles of regular accounting which have arisen in the Federal Republic of Germany or which are to be created by this Act are to be applied.
(3) For the purpose of restructuring or privatization within the time limit for the opening of the opening balance sheet referred to in the first sentence of paragraph 1, the transfer of assets or liabilities to other undertakings may result in the following: Changes in the opening balance sheets and inventories of the companies concerned, but only consistent, are taken into account.

§ 5
Rules to be applied
(1) § § 243 (3), § 247 (3), § 252, 253 (1) sentence 1, para. 4, § 255 (3), § 256 sentence 1 are to be applied to the opening balance sheet accordingly, in so far as they relate to the balance sheet and are subject to the following conditions: This law does not contain any deviating rules; information on affiliated companies does not need to be made. Companies that are not individual businessmen or persons trading companies also have § 265 (3) to (8), § § 266, 268 (3) to (7), § § 270 to 272, Cooperatives to apply § § 336, 337 of the Commercial Code to the extent that this law deviates from the law. It does not contain provisions or rules on the form and content of the balance sheet which are not to be complied with.
(2) If the size characteristics of Section 267 (1) or (2) of the Commercial Code relating to the balance sheet total or the number of employees are not exceeded in the opening balance sheet, small enterprises may benefit from the facilitation of section 266 (1) sentence 3 of the German Commercial Code. Commercial code and medium-sized enterprises take advantage of the facilitation of Section 327 (1) of the Commercial Code in the preparation of the opening balance sheet.

Subsection 2
Accounting approach and assessment rules

§ 6
General requirements
(1) In the assessment of assets and liabilities recorded in the opening balance sheet, the following shall apply in particular:

1.

The evaluation shall be based on the continuation of the business activity, provided that there are no real or legal circumstances.

2.

The assets and liabilities shall be individually assessed at the closing date of the opening balance sheet.

3.

It shall be prudent to assess, in particular, all foreseeable risks and losses incurred up to the date of the opening balance sheet, even if these are only between the date and the date of the drawing up of the balance sheet. Opening balance sheet has become known; profits are to be taken into account only if they are realised on the cut-off date.

(2) The approach and valuation methods applied to the assets and liabilities shown in the opening balance sheet shall be binding for the following balance sheets, unless it has to be deviated or a derogation pursuant to section 252 (2) of the In the case of the first deviation in a subsequent conclusion of an electoral law exercised in the opening balance sheet, a duly substantiated exception shall not be required.

§ 7
Reassessment
(1) Assets and liabilities shall be reassessed. Assets shall be subject to their replacement or recovery costs (new value); however, they may not exceed the value to be attached to them (time value). Significant increases in value, which occur within four months after the balance sheet date, must be taken into account. The previous use of the assets and their remaining behind the technical progress shall be taken into account in determining the time value by a value reduction. The values set out in the opening balance sheet shall be deemed to be the cost of acquisition or production for the subsequent period, in so far as corrections in accordance with § 36 are not to be made.
(2) In order to determine the replacement costs, Section 255 (1) of the Commercial Code is to be applied in accordance with the cost of acquisition. The price ratios in the entire currency area of the Deutsche Mark are to be assumed.
(3) In order to determine the costs of recovery, Section 255 (2) of the Commercial Code shall be applied in accordance with the cost of production, subject to the proviso that the charges set out in the third sentence of this Article shall be included; interest on foreign capital may not be set. The calculation of the expenses for the consumption of goods and for related services are their replacement costs in accordance with paragraph 2 and the calculation of expenses for own benefits are the wage and salary conditions in the German Democratic Republic. Increases in personnel costs within the first four months after the closing date of the opening balance sheet may be taken into account.
(4) In the case of abuseable assets, the value-loss for the previous use shall be measured in accordance with the provisions of Section 253 (2) (1) and (2) of the Commercial Code. When determining the useful life of abuseable assets, it is necessary to use the periods to be used for the purpose of determining the value of the tax on the basis of the valuation of the profits as from 1 July 1990. In the case of abuseable assets, the actual use of which is likely to exceed the period of use as set out in the second sentence, after a reasonable commercial assessment, the value may be applied in the light of the longer useful life.
(5) Assets which are no longer used in the company shall be charged with the sales proceeds to be expected after deduction of the costs still incurred (divestment value). Assets which are still used but which have already been fully written off before 1 July 1990 may not be applied at most with their disposal value.

§ 8
Intangible assets
(1) The non-accounting prohibition of Article 248 (2) of the Commercial Code of self-created intangible assets of fixed assets shall also apply if the assets have been acquired by way of conversion before 1 July 1990. No business or goodwill acquired free of charge may not be applied; § 31 (1) no. 1 shall remain unaffected.
(2) Intangible assets of fixed assets acquired in the form of remuneration which are technically or economically outdated may not be set at the most with their disposal value.
(3) Instead of the sum of the amounts resulting from the individual valuation of the intangible assets acquired, the amount which a buyer shall, in the case of the continuation of the undertaking in the context of the total purchase price, may be applied to the amount of the total purchase price for the the total amount of intangible assets to be paid would be payable. The amount is to be written off in the appropriate application of Section 255 (4) of the Commercial Code, in so far as it is a case of abuseable assets.

§ 9
Ground and ground
(1) Ground floor and ground shall be used with its traffic value. The price developments in the entire currency area of the German mark may be taken into account until the opening balance sheet has been established. Up to the formation of independent and independent expert committees for the determination of land values and for other valuations, the indicative values recommended by the Ministry of Economic Affairs may be used to determine the value of the transport value. shall be used.
(2) Limitations of use, availability or exploitation, which significantly impair the traffic value in accordance with a general approach to traffic, must be taken into account in such a way that they are impaired. This also applies to future recultivation and disposal obligations, insofar as they concern the owner.
(3) A right of property, which is inexorably granted free of charge to at least ten years, may be applied to the cash value of the usual compensation for use, if the land used for this purpose is used, such as fixed assets. The amount attached shall be indicated separately in the balance sheet or in the Annex.

§ 10
Buildings and other facilities
(1) Buildings and other buildings, technical and other equipment, machinery, operating and business equipment shall be subject to their recovery costs (Section 7 (3)) or to their replacement costs (Section 7 (2)), taking into account the value of the value-added tax for interim use (Section 7 (4)), but at most with its time value (Section 7 (1) sentence 1). Abandoned maintenance and repairs to the maintenance of the building substance shall be taken into account in the determination of the time value.
(2) The time value of the assets referred to in paragraph 1 may also be considered to be the value of its transport value.

§ 11
Financial Assets
(1) participations in another company in accordance with § 1 shall be added in the opening balance sheet to the amount corresponding to the reported pro-rata equity in the opening balance sheet of this enterprise. Where the other undertaking is required to pay a compensation or a claim for the payment of equity against the undertaking concerned, those undertakings shall be disclosed separately under the liabilities owed to the undertakings concerned. Other participations are to be used with their traffic value. Sentence 3 may also be applied to participations as set out in the first sentence.
(2) Shares and other securities which are admitted to official trading or to the regulated market on a stock exchange or are included in the free movement are to be set at the closing date of the opening balance sheet with their price value.
(3) The effect on Deutsche Mark must be changed to the effect that a Deutsche Mark is to be established for two marks of the German Democratic Republic, which were justified before 1 July 1990.

§ 12
Stocks
(1) Roh, ancillary and operating materials shall be used with their replacement or recovery costs.
(2) Unfinished products and services, as well as finished products, shall be subject to their recovery costs. In the case of finished products, where this is used for a simplified calculation of the costs of recovery, the amount shall be set if the sales costs and the profit to be expected are offset by the revenue to be expected. . This procedure may also be applied to unfinished products and services if the additional costs to be paid up to completion, which are also to be deducted, can be calculated reliably.
(3) Goods which are intended for resale without working or processing are to be used with the replacement costs. The second sentence of paragraph 2 may be applied accordingly.
(4) However, inventories referred to in paragraphs 1 to 3 shall be subject to no more than their time value (Section 7 (1) sentence 1). Section 7 (5) sentence 1 shall remain unaffected.

§ 13
Requirements
(1) Claims denominated in Mark of the German Democratic Republic, which were justified before 1 July 1990, shall, in so far as the provisions of paragraph 2 are not otherwise determined, be converted with the effect on the German mark that for two marks of the German Democratic Republic is to be a German mark.
(2) By way of derogation from paragraph 1, rents and pachts as well as other periodic payments due after 30 June 1990 shall be converted with the effect on the German mark to the effect that a mark of the German Democratic Republic shall be subject to the following: Deutsche Mark is to be added.
(3) The principle of individual evaluation should be observed. Non-interest-bearing or non-interest-bearing claims, as well as dubious claims, shall be set at the lower fair value, and shall be taken into account in the case of collateral. Flat-rate adjustments due to the general credit risk shall be deducted from the total amount of the claims.
(4) Claims corresponding to liabilities in accordance with Section 16 (3) and (4) may not be applied.
(5) Pending deposits are, even if they are not requested, to be assessed as claims, but not to be galvanised.

§ 14
Cash balances, cheques, credit at financial institutions
(1) Payment means in Mark of the German Democratic Republic shall only be set up to the extent that they continue to be legal tender.
(2) cheques shall be treated as exposures.
(3) Credit in the case of financial institutions in Mark of the German Democratic Republic shall be credited with the amount that the financial institution in the German mark must pay.

§ 15
Clearance of accounts
Active and passive accounting items in accordance with Section 250 of the German Commercial Code are to be converted into a German mark in the ratio of two marks of the German Democratic Republic, unless a different conversion ratio is required.

§ 16
Liabilities
(1) liabilities denominated in Mark of the German Democratic Republic, which were justified before 1 July 1990, shall, in so far as the provisions of paragraph 2 are not otherwise determined, be converted with the effect on Deutsche Mark, that for two marks of the German Democratic Republic is to be a German mark.
(2) By way of derogation from paragraph 1, the following liabilities denominated in Mark of the German Democratic Republic shall be converted, with effect on the German mark, to the effect that a Mark of the German Democratic Republic shall be credited with a Deutsche Mark:

1.

Wages and salaries at the level of the collective agreements applicable after 1 May 1990 and grants which are due after 30 June 1990;

2.

Pensions due after 30 June 1990 to the extent that Article 20 of the Treaty on the establishment of a monetary, economic and social union between the Federal Republic of Germany and the German Democratic Republic does not apply otherwise: ;

3.

Rent and lease as well as other regularly recurring payments due after 30 June 1990, with the exception of recurrent payments from and in life insurance and private pension insurance.

(3) Liabilities shall not be included in the opening balance sheet if a written declaration by the creditor is made that he/she is

1.

Payment shall be required only if the performance from the annual surplus is possible, and

2.

in the event of dissolution, insolvency or over-indebtedness of the undertaking, the undertaking shall resign after all the creditors who have not made such a declaration.

The total amount of such liabilities shall be disclosed separately in the notes to the other financial commitments, unless they are identified as subordinated capital on the basis of an agreement with the company.
(4) Liabilities which are issued for the opening balance in accordance with Section 4 (1) Sentence 1 within the time limit for the opening of the opening balance are not to be accounted for.

§ 17
Provisions
(1) Incertain liabilities, which were established in Mark of the German Democratic Republic before 1 July 1990, are to be converted into Deutsche Mark as liabilities and to be rejected as provisions.
(2) Repositions for looming losses arising from floating transactions in accordance with Section 249 (1) sentence 1 of the Commercial Code shall be reformed in the opening balance sheet. They shall, in particular, be adjusted if it is to be expected that a sales or procurement transaction will result in an expense exceeding the consideration or will result in a write-off on the item delivered.
(3) provisions which are not to be converted in accordance with paragraph 1 shall be set at the level of the amount in the German mark, which shall be necessary after a reasonable commercial assessment in order to fulfil the obligation.
(4) If provisions for the first application of Section 249 (1) sentence 1 of the Commercial Code are set out in the opening balance sheet, the amount of these provisions shall be the amount of these provisions, unless they are due to a compensation claim pursuant to section 24 (1). In the case of a special loss account on the active side, a special loss account shall be evened out on the active side separately from the formation of a re In the following years, the activated amount shall be deducted in each case in the amount of the expenses incurred to fulfil the obligations under the restated obligations. To the extent that the activation of the special loss account leads to a reserve, this may only be used to compensate for losses.
(5) Section 249 (1), second sentence, No. 1 of the Commercial Code does not need to be applied. § 249 of the Commercial Code remains unaffected by the rest. If an impairment loss is made in accordance with Section 9 (2) or § 10 (1) sentence 2, a possible provision shall be made only at the level of the amount which exceeds the value of the value-reduction. § 16 (3) and (4) shall apply accordingly.

§ 18
Currency translation
Assets, liabilities and balance sheet items denominated in foreign currency, as well as cash transactions that are not unwound on the balance sheet date, are to be converted into Deutsche Mark by the Kassa course at the balance sheet date. Unprocessed forward transactions are to be converted at the end of the balance sheet date. Claims and delivery claims are to be converted with the exchange rate, liabilities and delivery obligations with the letter course.

Subsection 3
Annex. Comparative Representation

§ 19
Annex
(1) In the Annex, the accounting policies applied to the items in the opening balance sheet, in particular those applied in the re-evaluation, shall be indicated and shall be explained in such a way as to indicate that a professional third party shall assess the value of the valuation. , in particular, it is estimated that the reference scales are to be presented. In the exercise of electoral rights, significant effects on the assets are to be presented separately. In addition, the information required for the individual items in the opening balance sheet, or those listed in the Annex, is to be included because, in the exercise of a right to vote, they have not been included in the opening balance sheet.
(2) The Annex shall describe the measures taken or planned for the period after 30 June 1990 in order to adapt the undertaking to the changed conditions. These include, in particular, changes to the company's purpose, the task or the new inclusion of products, set-aside, the splitting up or the merger with other companies. The estimated costs of the restructuring shall be indicated.
(3) The Annex shall also indicate:

1.

on the liabilities recorded in the balance sheet

a)

the total amount of liabilities with a residual maturity of more than five years,

b)

the total amount of liabilities secured by pledge rights or similar rights, specifying the nature and form of the collateral;

2.

the breakdown of the information required in point 1 for each item of liabilities in accordance with the prescribed classification scheme, provided that such information does not result from the balance sheet;

3.

the ground, ground, buildings and other buildings, as shown in the opening balance sheet, shall be subject to any statutory or contractual restrictions relating to their use, availability or recovery. It is also necessary to specify all the facts from which future financial obligations may arise, in particular for major repairs, recultivation or disposal costs;

4.

the technical equipment and machinery shown in the opening balance sheet, other installations, and the operating and business equipment, shall be their condition (average wear, technical status) and their future use , the expected investment needs in the next four years shall be indicated, where predictable;

5.

claims which may arise against the undertaking because the former owners of the undertaking, the parts of the undertaking, the holdings or the assets have been expropriated;

6.

the total amount of other financial obligations which are not included in the balance sheet and which are not to be disclosed in accordance with Section 251 of the Commercial Code or other provisions of this Act, provided that such information is provided for the assessment of the financial situation; of which obligations to shareholders shall be disclosed separately;

7.

the number of employed workers;

8.

all members of the Executive Board and of a Supervisory Board, even if they are appointed on a provisional basis, with the surname and at least one written first name. The Chairman of a Supervisory Board, his deputies and any Chairman of the Executive Board shall be designated as such;

9.

The name and registered office of other undertakings, of which the undertaking or a person acting on behalf of his account has at least the fifth part of the shares and the amount of the share in the capital and the amount shown in the opening balance sheet. to declare equity or a shortfall of these companies not covered by equity; to the calculation of the shares, § 16 (2) and (4) of the German Stock Corporation Act shall be applied accordingly;

10.

Provisions which are not shown separately in the balance sheet under the heading "other provisions" shall be explained if they have a not insignificant degree. Application provisions shall always be given separately and shall be explained;

11.

the name and location of the parent undertaking and the location of the disclosure of the consolidated balance sheet drawn up by that parent undertaking.

(4) The information and explanations required in paragraphs 2 and 3 may not be provided as far as they are concerned:

1.

are of secondary importance for the presentation of the assets of the Company pursuant to Section 264 (2) of the Commercial Code; or

2.

in the cases referred to in paragraph 2, 3 (4) and (9), after a reasonable commercial assessment, it is appropriate to add a significant disadvantage to the undertaking.

§ 20
Comparative Representation
(1) The Annex shall be accompanied by a comparative presentation as to the extent to which the items in the final balance sheet as at 30 June 1990 have changed in comparison with the items in the D-market opening balance of 1 July 1990. The differences resulting from the revaluation of assets and liabilities in relation to the final balance sheet are contained in a separate statement under the heading of revaluation differences, broken down by the items in the balance sheet. D-Markeropening balance sheet. The revaluation differences are to be documented by means of individual proof.
(2) The allocation of the items of the final balance sheet as at 30 June 1990 to the items of the D-mark opening balance and the separate proof referred to in paragraph 1 shall be based on the statement issued by the Statistical Office of the German Democratic Republic. Form sheets shall be made where there are no derogations from the rules laid down in Article 8 (5) of Annex I to the Treaty establishing a Monetary, Economic and Social Union between the Federal Republic of Germany , and the German Democratic Republic of 18 May 1990.

Section 2
Group opening balance. Total Open Balance

Section 21
Obligation to draw up
For the first five months of the financial year for 1 July 1990, undertakings which have the majority of shares in another undertaking (subsidiaries) (parent undertakings) shall be required to draw up an opening balance sheet. draw up a consolidated statement of the opening of the German mark and an annex in accordance with § 22, which forms a unit with the group's opening balance sheet. A parent undertaking shall be exempted from the obligation to draw up the consolidated balance sheet and the Annex if, on the reporting date, the balance-sheet totals in the opening balance sheets of the parent undertaking and the subsidiaries to be included, after deduction of in the opening balance sheets on the assets side, a total of fifty million German marks are not exceeded, or the group companies do not employ more than five hundred employees.
(2) The consolidated balance sheet and the annex shall be clearly and clearly drawn up. In accordance with the principles of regular accounting, they have to provide a true and fair view of the assets of the Group within the meaning of Section 297 (2) sentence 2 of the Commercial Code. If special circumstances lead to the Group's opening balance sheet not giving a true and fair view in the sense of the sentence 2, additional information shall be provided in the notes to the consolidated financial statements.
(3) The parent company and all subsidiaries shall be included in the consolidated balance sheet without regard to the headquarters of the subsidiaries, unless the inclusion in accordance with § § 295, 296 of the Commercial Code is not included. If the composition of the Group changes within the period of application, these changes shall be treated as if they had already occurred on 1 July 1990. This also applies to companies which are established within the time-limit after 1 July 1990.
(4) The Consolidated Financial Statements of the Group are subject to § § 5 to 19 of this Act as well as Sections 295 to 298, 300, 301, 303, 304, 307, 308, 310 to 312 of the Commercial Code and those for the legal form and branch of the Group's opening balance sheet. to apply, in accordance with the provisions of this Act, to undertakings included in the scope of this Act, with the exception of Article 296 (1) (3) of the Commercial Code, in so far as they relate to the balance sheet of large corporations and to the extent to which Group opening balance due to its own nature, no deviations are due to it. For the purposes of Article 308 of the Commercial Code, it may be considered that the opening balance sheets of subsidiaries and parent companies established within the scope of this Act shall be uniformly assessed.
(5) The Treuhandanstalt (Treuhandanstalt) and the Treuhand joint stock companies set up by the Treuhandanstalt (Treuhandanstalt), instead of a group opening balance sheet, present a total opening balance in a simplified form and, instead of a group attachment, an overall slope. They sum up the total or group opening balance sheets of their subsidiaries. In the case of the capital consolidation in accordance with Section 301 of the Commercial Code, it may be stated that a difference between goodwill or goodwill on the assets side or a difference in the liabilities side of the assets side may be made. In the latter case, equity capital is not attributable to the undersigned provisions. Section 303 of the trade code on debt consolidation needs to be applied only to transactions between the parent companies and their subsidiaries. Interim results in accordance with Section 304 of the Commercial Code also need to be calculated only if they are based on deliveries and services between the performing parent companies and their respective subsidiaries. In addition, the rules applicable to the Consolidated Financial Statements and the Consolidated Financial Statements shall be applicable to the establishment, verification, determination and disclosure of the provisions of this Act. Section 295 of the Commercial Code shall not apply.

Section 22
Group Attachment
(1) § 19 shall apply mutatily to the Group annex. However, only those data which are essential for the assessment of the Group are to be taken from the annexes of the subsidiaries.
(2) In addition, the information required in accordance with section 313 (2) of the Commercial Code shall be provided in the context of the consolidated financial statements. Section 313 (3) of the Commercial Code shall apply.

Section 23
Presentation and disclosure requirements
(1) Each parent undertaking may require its subsidiaries to provide information and evidence which requires the establishment of the consolidated balance sheet and the Group's attachment. This shall also apply to information relating to other tasks entrusted to the parent undertaking by law.
2. The subsidiaries shall have their opening balance sheet, including notes to each parent undertaking, and, if they are parent undertakings at the same time, their consolidated balance sheet, including group notes, immediately after they have been drawn up, and the Audit reports must be submitted immediately after receipt of the reports. If the documents to be submitted are subsequently amended, the amended versions shall be submitted immediately after the amendment. If the documents are submitted before they are established, the declaration shall be notified as soon as it has been made.

Section 3
Capital endowment

Subsection 4
Balance of wealth and capital adequacy of previously fully-owned enterprises

§ 24
Compensation requirements
(1) undertakings which, as hitherto wholly owned assets of the Treuhandanstalt or any of its subsidiaries for the purpose of privatisation or for this reason, shall be free of charge to the State, municipalities, towns, counties, countries or other property holders; , and which are not financial institutions, foreign trade undertakings or insurance undertakings, if, in drawing up the opening balance sheet, it appears that they would have to designate a shortfall not covered by equity capital, starting with 1 July 1990, a special interest-bearing interest Claim (compensatory claim) in the amount of the shortfall if the debtor does not reject the compensatory request within the period for which the opening balance sheet is fixed. He has to refuse them if the company is not capable of refurbishment.
(2) The compensatory amount shall be reduced in the amount of the amount by which the shortfall can be offset by the exploitation of valuation electoral rights. § 36 shall remain unaffected. The compensation claim shall be so galvanic that a devaluation due to a reduction in interest in accordance with § 13 para. 3 sentence 2 will not be necessary.
(3) The compensation claim is directed against the company which has been granted the shares rights to the authorized company free of charge for the privatisation and reorganisation of the fully-owned assets. If the State, the Länder, counties, towns, municipalities or other property holders have been transferred by law to the State, to the countries, counties, towns, municipalities or other property holders, the compensatory claim against these entities shall be determined. If the trust institution is transferred free of charge to subsidiaries, these debtors shall be the compensatory requirement. They may, in turn, claim compensation from the Treuhandanstalt pursuant to paragraph 1 if they are a direct subsidiary of the Treuhandanstalt.
(4) The company shall inform the debtor of the compensation claim as soon as such a record is drawn up in the drawing up of the opening balance sheet. The debtor shall be granted the rights pursuant to § 23 from 1 July 1990. The Treuhandanstalt shall immediately inform the Minister of Finance and the Federal Minister of Finance of the compensation claims directed against the Treuhandanstalt (Treuhandanstalt).
(5) parent undertakings which are debtors of a compensatory requirement under paragraph 1 shall, at the level of their liability, enter into an equity recovery account on the assets side of their opening balance of the compensatory claim. The activated amount shall be written off in the following years to the extent of the repayment of the compensatory amount. To the extent that the activation of the participation recovery account leads to a reserve, this may only be used to compensate for losses.

Section 25
Compensatory liabilities
(1) In drawing up the opening balance sheet of undertakings referred to in Article 24 (1), first sentence, it shall be established that a higher equity capital would be shown than the amount to be declared for the assets in kind, reduced by the amount for which it is to be held on 1 July. In 1990, the amount of the land to be surrendered shall be charged at the level of the overrising amount with a compensatory obligation to be drawn up separately. However, the minimum capital required by law for the legal form of the enterprise or its activity must not be undershot. § 36 shall remain unaffected.
(2) The creditor of the liability shall be the person who would be the compensation claim in the event of a compensation claim pursuant to section 24 (3) of the debtor. § 24 (2) sentence 3 shall apply mutagenly to the interest in the equalisation of the compensatory obligation.
(3) The Company shall inform the creditor of the compensatory obligation as soon as such a record is drawn up in the drawing up of the opening balance sheet. The creditor shall be granted the rights pursuant to § 23 from 1 July 1990.
(4) parent undertakings which are creditors of a compensation as referred to in paragraph 1 shall, at the level of this amount on the assets side of their opening balance, make a corresponding claim. Amounts which are to be paid to the parent company for the repayment of the balance of the subsidiary undertaking shall be offset by this requirement.
(5) Where holdings or land have been transferred free of charge to an undertaking with effect from 1 July 1990, they shall be transferred to the Treuhandanstalt if an overindebtedness determined in the opening balance sheet is not eliminated or within the period laid down in Article 35 (1), third sentence, the overall enforcement procedure is initiated or the company is dissolved.

Section 26
Capital adequacy
(1) For the purposes of Article 24 (1), first sentence, undertakings shall, as equity, have the amount to be paid in order to cover the total amount of assets shown on the assets side of the opening balance sheet, including those to be entered in accordance with this Act. Special items and the clearance of the accounts shall be higher than the total of the liabilities shown on the liabilities side and the delimitation of the accounts.
(2) If, in accordance with the law governing its legal form, the undertaking is required to form a subscribed capital, it shall be in the amount provided for in the articles of association or in the social contract, but at least in the amount of the law applicable to the company. to the minimum capital required. The second sentence of Article 27 (2) and (3), (3) and (7) shall apply.
(3) In the absence of the equity capital determined in accordance with paragraph 1, in order to form the subscribed capital, the shortfall shall be disclosed separately as an outstanding deposit on the assets side in front of the fixed assets. The statutory provisions governing the legal form of the company shall apply to the deposit of the capital. If the minimum deposit is not fully effected, the amount of the shortfall shall be deemed to have been requested. The claim shall not apply if the shareholder decides to dissolve the company within the deadline for the opening balance sheet or if the initiation of the overall execution procedure is required. Section 24 (4) sentence 3 shall apply accordingly. § 19 (4) of the Act concerning limited liability companies is not applicable.
(4) If, after the transfer of the undertaking into a private legal form, the shareholder has made his deposit up to 30 June 1990, in the cases referred to in paragraph 3, a shortfall may be offset by the fact that on the assets side of the Opening balance in place of the standing deposit in the corresponding application of § 28 (1) and (2) under the conditions there a capital recovery account is expelled. § 30 shall apply.

Subsection 5
Refixing of the capital ratios of private enterprises

§ 27
Recommit
(1) This subsection shall apply to undertakings which, until 30 June 1990, have been created in a legal form of private law or have been registered for registration in the Commercial Register, but have not yet been registered and no undertakings have been registered in the The meaning of Section 24 (1) sentence 1. The amount of equity referred to in Article 26 (1) shall be shown as equity.
(2) Shares and limited liability companies on shares have their share capital, limited liability companies in the amount provided for in the articles of association or in the social contract, but at least in the amount of the statutory share capital. to the minimum capital required. The subscribed capital may be fixed at a higher level if, in the preparation of the opening balance sheet after deduction of the reserve in accordance with section 31, a higher equity capital is obtained. In the case of limited liability companies and limited liability companies, the excess amount shall be allocated to the statutory reserve, in the case of companies with limited liability, a special reserve, which may only be used to compensate for losses.
(3) The shareholders may not receive any payments due to the redetermination and are not exempted from the obligation to perform deposits; § 57 (1) sentence 1, § 62 of the German Stock Corporation Act, § 30 (1), § 31 of the Act concerning the Companies with limited liability shall be applied in accordance with the reserves set out in the opening balance sheet.
(4) Open trading companies and limited partnerships have the capital deposits of their shareholders, to the extent that they have been agreed in the social contract, and limited liability companies in addition to the liability deposits of their co-anditists in the corresponding application of paragraph 2 and 3. The right of withdrawal of the shareholders in accordance with Section 122 of the Commercial Code may not result in the equity capital shown in the opening balance sheet being lower than the sum of the amounts shown on the assets side in accordance with § 31. Personally liable partners shall reimburse the amounts which have been taken out of the company. If payments to a limited person lead to such a reduction in equity, they shall be deemed to be the repayment of the deposit in accordance with Section 172 (4) of the Commercial Code.
(5) Cooperatives have to redefine the business balance, the shares and the amounts of detention; paragraph 3 shall apply accordingly.
(6) In the case of a new fixing, the shares may be placed on the following amounts:

1.

shares to a nominal amount of fifty Deutsche Mark or to higher nominal amounts, which are denominated in full hundred Deutsche Mark,

2.

the shares in companies with limited liability to five hundred Deutsche Mark or any higher amount of the by hundred are divisible, regardless of the number of members,

3.

the shares in cooperatives at fifty German marks or at any higher amount denominated in full fifty Deutsche Mark.

(7) In the opening balance sheet, the subscribed capital and the reserves shall be shown in the amount to be determined after the resettlement.

§ 28
Preliminary redetermination
(1) In place of a definitive redetermination in accordance with § 27, the redetermination may be carried out on a provisional basis by undertakings which are not financial institutions or foreign trade enterprises in such a way that the in the final balance sheet in Mark of the Germans Democratic Republic recorded subscribed capital (share capital, stock capital, deposits, capital right capital, business assets) with the same amount in German mark transferred to the opening balance sheet and the difference by which the amount of the the capital recorded in the drawing up of the opening balance sheet Equity exceeds, as a capital devaluation account is set on the assets side of the opening balance.
(2) The amount shown as a capital recovery account shall not exceed nine tenths of the subscribed capital. A capital reserve may not be maintained. A profit reserve may be retained insofar as it has been formed in accordance with § 31 and, after a reasonable commercial assessment, it can be expected that the company will be able to repay the capital recovery account from future net surpluses. The Company is obligated to balance the capital recovery account within five financial years after the closing date of the opening balance sheet. For the purpose of redemption, value increases are to be used as a result of the correction of value rates in accordance with § 36 as well as the annual surpluses. Any other use shall be prohibited as long as the capital recovery account exists.

§ 29
Company law relations
(1) The ratio of the rights attaching to the shares shall not be affected by the re-establishment.
(2) Contractual relations of the company to third parties which are from the profit distribution of the enterprise, the nominal amount or the value of their shares or their subscribed capital or in any other way from the previous capital or Profit ratios depend on the new capital or profit ratios that have occurred as a result of the re-determination. Third parties need not have to apply a reduction in their rights under the first sentence, which is due to the redetermination, to the extent that it is based on the fact that in the opening balance sheet the subscribed capital is not subject to the reserves in one of the provisions of § § 27, 28 The situation is less favourable than is the case in the final balance sheet.
(3) If a capital increase is decided upon during the existence of a capital recovery account, each shareholder shall, at its request, be allocated a portion of the new shares corresponding to its share of the subscribed capital to which it has been subscribed, unless: because a third party has taken over the shares and has undertaken to offer them to the shareholders for reference.

§ 30
Resolution of capital devaluation accounts
(1) Where a capital recovery account is not balanced within the period specified in Article 28 (2) sentence 4, the body of the undertaking responsible for capital measures shall, at the latest in the decision making on the use of the result from the Annual accounts of the fifth financial year following the closing date of the balance sheet shall decide on the measures required to cover the capital recovery account in a different way than by repayment, in particular by reduction of the subscribed capital account. Capital, balance.
(2) The measures referred to in paragraph 1 shall be implemented without delay. Their implementation shall be deemed to be the final redetermination. On the reduction of the subscribed capital, the regulations governing the legal form of the company, the stock companies and the limited liability companies on shares are the § § 229 to 236 of the German Stock Corporation Act (AktG) on the simplified Capital reduction.

Subsection 6
Provisional Profit Reserve

Section 31
Provisional Profit Reserve
(1) Companies may, if they are not financial institutions or foreign trade undertakings, take the following measures in order to be able to form a retained earnings situation:

1.

The intangible assets of the fixed assets which are not acquired shall be calculated on the basis of the amount which an acquirer of the undertaking shall be entitled to pursue in the course of its continuation within the framework of the total purchase price for these assets. , a goodwill or goodwill should be taken into account.

2.

The expenses for the establishment and expansion of the business operations pursuant to § 269 sentence 1 of the Commercial Code may be activated. These include all measures taken after 1 March 1990, which are capable of producing the competitiveness of the enterprise.

3.

Grants, grants and other financial advantages granted by third parties for investments without repayment obligations may be activated, provided that the contract for the investment is made up to the end of the period for which the investment has been made. The opening balance sheet has been made mandatory.

In the case of amounts activated in accordance with the first sentence of sentence 1 to 3, a profit reserve shall be formed on the liabilities side, which shall be regarded as provisional until the amounts activated have been repaid.
(2) The amount set out in paragraph 1 (1) shall be depreciated as planned within the period corresponding to the average remaining period of use of the revalued intangible assets of the company revalued in accordance with § 7. In the absence of comparative figures or if the ratios are not comparable, the amount shall be paid out by depreciation in at least one quarter in each of the following financial years.
(3) The amounts shown for the establishment and extension of the business operations referred to in paragraph 1 (2) shall be depreciated by depreciation in at least one quarter in each of the following financial years.
(4) The amounts activated in accordance with paragraph 1, point 3 shall be re-booked in the following years in a non-profit-neutral way, as soon as their accounting capacity has materially entered into force. If the claim referred to in paragraph 1 (3) is subsequently omitted, the amount set for this purpose shall be offset directly with the reserves.
(5) Paragraph 1 (1) and (2) may be used only in so far as it can be assumed, after a reasonable commercial assessment, that the undertaking will be able to bear the expenses and expenses arising therefrom and to: Profit distribution in the amount of interest income from a compensation claim in accordance with § 24 from the current proceeds without impairment of the equity capital shown in the opening balance sheet.
(6) If the amounts referred to in paragraph 1 (1) or (2) are activated, profits may be paid out by depreciation only if the remaining redeemable retained earnings after the payout plus a profit before the payout and shall at least correspond to the amount attached to the loss of loss. Losses incurred shall be offset in the amount of the amortisation referred to in paragraphs 2 and 3 with the profit reserve. § 36 shall remain unaffected.
(7) The amounts referred to in paragraph 1 shall not apply to the calculation of compensation claims and compensatory liabilities in accordance with § § 24, 25, the outstanding deposit in accordance with section 26 (3) and the capital recovery account in accordance with section 26 (4), § 28 (1). consideration.
(8) The amounts activated in accordance with paragraph 1 and the profit reserve formed in the amount of these amounts shall be indicated separately and shall be explained in the Annex.

Section 4
Determination and adjustment of benefits in German marks

Section 32
Determination and adjustment of benefits in German marks
(1) If contracts which are to be fulfilled only after 30 June 1990, on prices which have so far been fixed in accordance with State price rules but are no longer subject to a fixing of prices, the price shall be the price if a price fixing up to the 30 June 1990 did not take place, from which the creditor was to be determined by making a declaration to the creditor for payment. However, the provision made is only binding on the other part if it corresponds to the equity. If it does not correspond to the equity, the provision shall be made by judgment; the same shall apply if the provision is delayed.
(2) If the conversion of receivables and liabilities arising from floating contracts established before 1 July 1990, in particular in the case of permanent debt, leads to the initial equilibrium of performance and consideration being significant In this way, any contracting party may require the other contracting party to redefine its performance at its reasonable discretion. This is not reasonable to the detriment of a contracting party or both parties. The provision made is only binding on the less-favoured contracting party if it corresponds to the fairness of the contract. If it does not correspond to the equity, the provision shall be made by judgment; the same shall apply if the provision is delayed.
(3) If, in the cases referred to in paragraphs 1 and 2, the re-determination is at a reasonable discretion within the time limit for opening the opening balance sheet, a provision in accordance with section 17 (2) shall only be made if it is to be expected that the newly established Charge will lead to a loss.

Section 5
Procedure

Subsection 7
Audit

§ 33
Audit
(1) The opening balance sheet and the appendix, but without the comparative presentation in accordance with § 20, shall be examined by an auditor. If no examination has taken place, the opening balance shall not be established. Capital companies and cooperatives whose balance sheet total in the opening balance sheet does not exceed three million nine hundred thousand Deutsche Mark after deduction of a shortfall in accordance with Section 268 (3) of the Commercial Code or which are no longer on the cut-off date. than fifty employees, the opening balance sheet and the annex need not be examined, provided they are not financial institutions or foreign trade undertakings. Individual traders and persons trading companies do not need to have the opening balance checked, provided they are not financial institutions.
(2) If the undertaking has been established in the period from 1 March 1990 to the end of the period of termination of the opening balance sheet, or has been converted into a private legal form by law or by a decision, it may be used in the examination of the Opening balance sheet shall also be included in the examination of the establishment or conversion. This also applies to the examination of non-material deposits.
(3) The consolidated balance sheet and the consolidated financial statements shall be examined by an auditor. If no audit has taken place, the consolidated balance sheet cannot be established.
(4) Where the documents examined are modified after the examination report has been submitted, the auditor shall re-examine these documents to the extent that the amendment requires the amendment. The result of the audit shall be reported, and the audit opinion shall be supplemented accordingly.
(5) § 317 of the Commercial Code on the subject matter and scope of the examination must be applied with the proviso that the inventory should also be included in the examination. In the case of financial institutions and foreign trade companies, the comparative representation according to § 20 shall also be examined.

Section 34
Conduct of the audit
(1) Reviewers may be certified and sworn auditors and recognized accounting firms in accordance with the Federal Republic of Germany's Public Accountancy Code. Limited liability companies whose balance sheet total in the opening balance sheet does not exceed fifteen million five hundred thousand Deutsche Mark after deduction of a shortfall in accordance with Article 268 (3) of the Commercial Code or which on the reporting date of the Opening balance sheet no more than two hundred and fifty employees, their opening balance sheet may also be certified by sworn accountants or recognized accountants appointed by the Federal Republic of Germany on the basis of the Federal Republic of Germany's Economic Examination Regulations. Let accounting firms check.
(2) If the company is a cooperative, the examinations required pursuant to § 33 may, by way of derogation from the first sentence of Article 319 (1) of the Commercial Code, be carried out only by an Examining Association, to which the examination law according to § 63 of the Act concerning the acquisition and economic cooperatives. However, the Examining Association is only entitled to audit, provided that more than half of the members of his Board of Management are auditors as referred to in the first sentence of paragraph 1. If the Board of Examiners has only two members of the Board of Management, one of them must be the auditor in accordance with the first sentence of paragraph 1. If the association, to which the cooperative belongs as a member, has concluded an agreement on the conduct of examinations with an examination association in the Federal Republic of Germany, the association is responsible. Section 55 (3) of the Law on the Acquisition and Economic Cooperatives remains unaffected.
(3) If the company is a savings bank, the examinations prescribed in accordance with § 33 may only be carried out by the examination office of a savings bank and giro association, by way of derogation from § 319 (1) sentence 1 of the Commercial Code. However, the examination may only be carried out by the Examination Office if the head of the examination office fulfils the conditions laid down in Section 319 of the Commercial Code. In addition, it must be ensured that the auditor is able to carry out the examination independently of the instructions of the institutions of the Savings Banks and Girobans.
(4) The order of the auditor in the cases referred to in paragraph 1 shall be subject to Article 318 of the Commercial Code, subject to the condition that the managing body of the undertaking may provisionally appoint the auditor, in particular in order to ensure that the auditor is present at the Inventor. The confirmation of the persons appointed for the election of the examiner pursuant to § 318 of the Commercial Code shall be obtained without delay.
(5) § § 317, 318, 319 (2), (3), § § 320 to 323 of the Commercial Code shall be applied to the examination accordingly.

Subsection 8
Determination and correction

§ 35
Determination
(1) The opening balance sheet and the appendix, as well as the consolidated balance sheet and the consolidated financial statements, shall be determined. The rules applicable to the preparation of these documents shall also be applied in the case of the determination. The determination shall be made by the holder, in the case of individual undertakings, by the shareholders or by the other competent institution in the form required for decision-making in accordance with the legal form of the undertaking, immediately after the presentation of the The opening balance sheet and the appendix shall be at the latest before the end of the eighth month and by small enterprises in accordance with Article 4 (1) sentence 2 at the latest before the end of the eleventh month following the balance sheet date, the group's opening balance sheet and the Group's notes at the latest before the end of the eighth month after the balance sheet date to determine. For this purpose, the management body shall, without delay, submit the documents to be determined after it has been drawn up and the audit report, following its submission to the institution appointed for the purpose of the determination. If the company has a Supervisory Board, the Supervisory Board shall examine the documents in the appropriate application of Section 171 of the German Stock Corporation Act and report on the result of the examination in writing.
(2) The documents referred to in the first sentence of paragraph 1 may not be established if the opinion has been denied. The opening balance sheet or the consolidated balance sheet shall be void if it has not been verified or has not been determined in the prescribed form in the case of an existing audit obligation. If the dossier is amended after examination, a decision on the determination shall not take effect until a confirmation of the amendments has been given in full on the basis of the re-examination.
3. The managing body shall submit a report to the determining body, together with the documents to be determined, in which the proposals for the realignment of the capital ratios and the essential circumstances for which the decision is taken shall be presented to the determining body. The valuation of the assets and the proposals for redetermination have been decisive, insofar as these explanations do not result from the appendix or the Group's annex.

§ 36
Rectification of value sentences
(1) In the drawing up of subsequent financial statements, assets or special items in the opening balance sheet shall not be considered unjustly or with too low a value or a debt or special item which is too low or too high. , the later balance sheet shall be the subject of the failed approach or the value of the value shall be adjusted if it is a substantial amount. The profit shall be adjusted in profit reserves, in the case of public limited companies, to the statutory reserve up to the prescribed amount, insofar as it does not result in a loss from a reduction of the special loss account from the formation of a reserve. in accordance with Section 17 (4) or the compensation claim pursuant to section 24 (1) or the compensation account pursuant to section 24 (5) or the standing deposit pursuant to section 26 (3) or the capital recovery account pursuant to section 26 (4), § 28 (1) or a loss from The increase in compensation liabilities in accordance with § 25 (1) shall be offset.
(2) In the drawing up of subsequent financial statements, assets or special items in the opening balance sheet shall be unjustly or not valued at too high a value or debt or special item, or with too low a value , in the later balance sheet, the value of the value shall be corrected or the adopted approach shall be rectified if it is a substantial amount. The loss is to be offset openly with the equity capital, in advance with the annual result and the profit reserves, in so far as it is not with the profit from an increase in the special loss account from the provision of remission pursuant to § 17 para. 4 or the Compensation in accordance with Section 24 (1) or of the participation account pursuant to section 24 (5) or the standing deposit in accordance with section 26 (3) or the capital recovery account pursuant to section 26 (4), section 28 (1) or the profit from a reduction in the Compensatory liability in accordance with § 25 (1) is to be offset.
(3) Paragraph 1 and 2 shall also apply if a right to vote for the opening balance sheet is subsequently exercised with effect for the right to vote. The profits referred to in paragraph 1 may be offset by losses as referred to in paragraph 2 only within the equity capital.
(4) In the cases referred to in paragraphs 1 to 3, the opening balance shall be deemed to have been amended. Paragraph 1 to 3 shall be applied last year to financial statements for financial years ending in 1994. Claims and liabilities in accordance with § § 24, 25 and 26 (3) may no longer be changed, insofar as they are redeemed at the time of the correction or transferred to a third person or security rights of third persons thereby shall be affected.
(5) Paragraph 1 to 4 shall apply accordingly to the consolidated balance sheet.

Subsection 9
Disclosure

Section 37
Disclosure
(1) Companies shall disclose the opening balance sheet and the notes, as well as the consolidated balance sheet and the group attachment, if they are required to disclose their annual accounts in accordance with their legal form or due to their business branch; or if, in their opening balance sheet or in their consolidated balance sheet, they have a balance sheet total of more than one hundred and twenty-five million German marks, and employ more than five thousand employees at the balance sheet date. § § 325, 326, 328 and 339 of the Commercial Code are to be applied accordingly; to the determination of the size characteristics, § 5 para. 2 shall apply. The comparative representation according to § 20 does not need to be disclosed. Section 4 of the Law on the Enforcement of Law of the Federal Republic of Germany in the German Democratic Republic of 21 June 1990 (GBl. No 34 p. 357) shall not apply.
(2) The Register Court shall, when submitting the documents, examine whether the documents have been completed and, where required, have been published in due time.
(3) Where the examination of the establishment, conversion or contributions in kind has been included in the examination of the opening balance sheet, the Court of First Instance may submit that the valuation of assets for assets in the opening balance sheet shall be the actual value of the assets. if the opening balance sheet and the annex have received an unqualified audit opinion.
(4) Companies which have been subject to the law of the Statistical Office of the German Democratic Republic after the legislation in force until 30 June 1990, as well as newly formed corporations have the D-Markeropening balance sheet and to submit the comparative presentation in accordance with § 20 of the Office of the Statistical Office of the German Democratic Republic in two copies without delay after it has been established by the competent office of the Statistical Office of the German Democratic Republic.

Section 6
Business-two-laws

Subsection 10
Rules applicable to financial institutions and to foreign trade

§ 38
Scope
(1) The provisions of this Act shall be complied with in the case of financial institutions and foreign trade undertakings, unless otherwise specified in this subsection. They may not take advantage of the facilities permitted by this law in terms of size. § 19 (3) (1) (a) of this Act and § § 25a to 26b of the Law on Credit Esen shall not be applied to financial institutions.
(2) Money institutions are undertakings which, before 1 July 1990 in the currency area of the Mark of the German Democratic Republic, have the power to operate banking transactions in accordance with Article 1 (1) of the law on credit accounts; the power may be limited to law, Regulation, administrative order or official permit.
(3) External trade enterprises are undertakings which, before 1 July 1990, in the monetary territory of the Mark of the German Democratic Republic, on behalf of public authorities within the framework of the external trade and value monopoly business with undertakings or countries operated outside the currency area of the Mark of the German Democratic Republic. To this end, companies that have taken over the business operations of foreign trade companies in whole or in part for the purpose of settlement are also expecting the assets to be liquidate.

§ 39
Opening balance
(1) By way of derogation from § 247 (1), § § 251, 265 (5) to (7), sections 266 to 268 of the Commercial Code and without prejudice to a further outline, financial institutions shall have the opening balance sheet according to the Regulation on forms for the classification of the Annual accounts of credit institutions in the version of the Notice of 14 September 1987 (BGBl. 2169),

1.

financial institutions which are a capital company, in accordance with the model 1 of this Regulation for the balance sheet,

2.

financial institutions which are registered co-operatives, in accordance with the model 2 of this Regulation for the balance sheet,

3.

Financial institutions, which are savings banks, and other financial institutions under public law, in accordance with patterns laid down by the amendment of this Regulation.

(2) In the opening balance sheet, financial institutions have flat-rate value adjustments in accordance with section 13 (3) in respect of claims arising from banking transactions in the amount of 1 of the hundred and on contingent assets of the banking business from guarantees and other warranties in the amount of from 0.5 per cent of the total amount of claims to customers, in so far as they are not directed against a local authority, a public-law body, an institution or a financial institution in the currency area of the Deutsche Mark or vouch for them.
(3) The maintenance of the flat-rate correction in future balance sheets shall be based on the general principles of valuation.
(4) By way of derogation from Article 16 (1), the liabilities of the financial institutions denominated in Mark of the German Democratic Republic, which were established before 1 July 1990, are to be converted with the effect on Deutsche Mark to the extent that: for a Mark of the German Democratic Republic, a Deutsche Mark is to be added:
Liabilities to natural persons resident in the German Democratic Republic,

-

who were born after 1 July 1976, up to two thousand marks,

-

born between 2 July 1931 and 1 July 1976, up to four thousand marks,

-

who were born before July 2, 1931, up to six-year-old Mark,

provided that they have submitted a request. In addition, the liabilities established after 31 December 1989 shall be converted to natural or legal persons or bodies whose residence is outside the German Democratic Republic in such a way as to ensure that three Mark of the German Democratic Republic shall be credited to a German mark, provided that such persons or bodies have made a corresponding request.

§ 40
Compensation requirements
(1) Financial institutions and foreign trade undertakings shall, in so far as their assets are applied in accordance with the valuation rules of subsection 2 of this Act, cover the period of introduction of the currency of the Deutsche Mark and the changeover in the currency of the The German Democratic Republic, including the provisions of the reserve, shall not be sufficient, beginning with 1 July 1990, to be allocated an interest-bearing claim against the balance-of-compensation fund.
(2) In the case of financial institutions, the requirement must be set at the level that the assets are sufficient to cover the debt referred to in paragraph 1 and to show equity in the amount that it is at least 4 of the hundred of the balance sheet total and the amount of the assets referred to in paragraph 1. Maximum utilization of the principle I adopted pursuant to § 10 of the Law on Credit from the Federal Supervisory Office of the Federal Banking Authority, as amended by the Notice of 19 December 1985 (Federal Gazette No 239 of 24 December 1985 p. 15302), at most Thirteen times.
(3) In the case of foreign trade undertakings, the compensatory requirement shall be set at the level that the assets are sufficient to cover the debt referred to in paragraph 1.
(4) § 36 shall be applied in accordance with the proviso that it does not matter to the extent of materiality. Section 36 (4) sentence 3 shall not apply.

Section 41
Compensatory liabilities
(1) In its opening balance sheet as of 1 July 1990, financial institutions and foreign trade enterprises have to adjust to the amount of liabilities to the compensation fund (compensatory liabilities) at the level in which the financial institutions are responsible for the Equity capital of the limits specified in Article 40 (2) and in foreign trade companies the assets exceed the debt.
(2) § 40 (4) shall apply accordingly.

§ 42
Comparative Representation
In the comparative presentation in accordance with § 20, the financial institutions shall also indicate:

1.

in respect of which exposures over ten thousand Deutsche Mark they have constituted, on the cut-off date of 1 July 1990, individual value adjustments or amortisation; the amounts to be deducted shall be indicated and justified;

2.

the number of accounts on which funds are held in Mark of the German Democratic Republic

a)

up to two thousand German marks in the ratio one to one,

b)

up to four thousand Deutsche Mark in proportion one to one,

c)

up to sixstausend Deutsche Mark in relation to one to one

have been credited;

3. the total amount of credits in Mark of the German Democratic Republic, for which a conversion request can still be made.

Section 43
Audit
(1) By way of derogation from Article 34 (1), financial institutions and foreign trade companies in the legal form of a capital company or public law may only be audited by an auditor or a public accounting firm, insofar as they: are not savings banks.
(2) The examination shall also cover the question whether, in the case of the subsequent conversion of account balances of natural persons, the conditions laid down in Article 5 (7) of Annex I to the Treaty on the creation of a monetary, economic and social security shall be extended to the Social Union between the Federal Republic of Germany and the German Democratic Republic for the re-establishment of rights in the previous stand.

Subsection 11
Rules for insurance undertakings

Section 44
Scope
(1) Insurance undertakings have to comply with the provisions of this Act, unless otherwise provided in this subsection. They may not take advantage of the facilities permitted by this law in terms of size. § § 55, 56 (1) of the Insurance Supervision Act are not to be applied.
(2) Insurance undertakings are undertakings which are the subject of the operation of insurance operations and which are not social security institutions. This includes companies which are not subject to insurance supervision or have no legal personality of their own. The provisions relating to insurance undertakings shall also apply to undertakings which have no authorization to operate as insurance undertakings or which are in liquiding-up.

§ 45
Opening balance
(1) By way of derogation from Section 265 (6), (7), (266) to (268) of the Commercial Code and without prejudice to a further breakdown, insurance undertakings have the opening balance sheet in accordance with the Regulation on the accounting of insurance undertakings of 11 July 2001. 1973, as last amended by Regulation of 23 December 1986 (BGBl. 1987 I p. 2).
(2) Insurance undertakings shall have the provisions in accordance with Article 56 (3) of the Insurance Supervision Act. § 56 (4) of the Insurance Supervision Act shall apply. Section 17 (4) shall also apply to technical provisions, with the exception of the contribution surcharges.
(3) In addition, insurance undertakings have to provide in the Annex the information required by Section 12 (3) of the Regulation on the accounting of insurance undertakings of 11 July 1973.

Section 46
Check. Submission
(1) By way of derogation from Section 34 (1), insurance undertakings may only be audited by an auditor or an accounting firm.
(2) The D-mark opening balance, the appendix and the comparative presentation in accordance with § 20 shall be at the latest before the end of the seventh month following the balance sheet date, the consolidated balance sheet and the group attachment at the latest before the end of the 11th month to the The Federal Supervisory Office for the insurance sector must be submitted in two copies. The examiner's report on the examination in accordance with § 33 (1) sentence 1 shall be submitted to the Federal Supervisory Office at the latest before the end of the eighth month after the balance sheet date, the report on the audit in accordance with § 33 (3) sentence 1 at the latest before the end of the twelfth month. to the insurance industry in two copies.

Section 7
Criminal and disciplinary criminal law. Periodic penalty payments

§ 47
Criminal provisions
(1) The penal provisions of Sections 331 to 333 of the Commercial Code shall be applied in accordance with the opening balance sheet, the appendix, the group's opening balance sheet, the group annex and the auditors to be ordered under this Act. Sentence 1 shall also apply to undertakings not operated in the legal form of a capital company.
(2) § 331 of the Commercial Code is also applicable to the breach of duties by the Executive Director (Section 1 (2) sentence 1 of the Law on the Banking Act) of a non-legal form of a capital company. Financial institutions, by the holder of a financial institution operated in the legal form of the individual businessman or by the manager within the meaning of Section 53 (2) (1) of the law on credit.

§ 48
Rules on the Rules of Procedure
(1) An administrative offence is, who as a member of the representative body or the supervisory board of a company or as a manager within the meaning of section 1 (2) sentence 1 or section 53 (2) no. 1 of the law on the credit or as owner of a company operated in the legal form of the individual businessman

1.

in the preparation or establishment of the opening balance or the annex to a provision

a)

§ 4 para. 2 sentence 1 or 2 or § 5 paragraph 1 sentence 1 in connection with § 243 para. 1 or 2, § § 244, 245, 246, 247 para. 1 or 2, § § 248, 249 para. 1 sentence 1 or para. 3, § 250 para. 1 sentence 1 or subsection 2 or § 251 of the trade code on form or Content,

b)

§ 5 (1) sentence 1 in conjunction with Section 253 (1) sentence 2, subsection 2 sentence 1, 2 or 3 or 3 sentence 1 or 2, § 255 para. 1 or 2 sentence 1, 2 or 6 of the Commercial Code or the § § 6 to 18 on the valuation,

c)

§ 5 (1) sentence 2 in conjunction with Section 265 (3) to (8), § § 266, 268 (3) to (7) or § 272 of the Commercial Code, or § 39 (1) or (2) or § 45 on the outline or

d)

Section 19 (1) to (3), § § 20 or 22 on the particulars to be provided in the Annex,

2.

in the preparation of the consolidated balance sheet or the group attachment of a provision

a)

Section 21 (3) on the scope of consolidation,

b)

§ 21 (4) sentence 1 in conjunction with § § 5 to 19 or § 297 para. 2 or 3 or § 298 (1) of the Commercial Code, this in connection with § 243 para. 1 or 2, § § 244, 245, 246, 247 para. 1 or 2, § § 248, 249 para. 1 sentence 1 or para. 3, § 250 1 sentence 1 or 2, or § 251 of the Commercial Code, on form or content,

c)

Section 21 (4), first sentence, in conjunction with Section 300 of the Commercial Code, on the principles of consolidation or the full-time offer,

d)

Section 21 (4), first sentence, in conjunction with Section 311 (1) sentence 1 of the Commercial Code, in conjunction with Section 312 of the Commercial Code, on the treatment of associated companies, or

e)

§ 22 on the information to be made in the Group attachment, or

3.

in connection with the disclosure, publication or reproduction of a provision in § 37 (1) sentence 1 in conjunction with Section 328 of the Commercial Code on Form or Content

shall be contrary.
(2) A breach of order shall also be used to give a note in accordance with section 322 of the German Commercial Code for an opening balance sheet or an annex or a consolidated balance sheet or a group attachment to be examined under statutory provisions. although pursuant to section 34 (5) in conjunction with Section 319 (2) of the Commercial Code, or in accordance with Section 34 (5) in conjunction with Section 319 (3) of the Commercial Code, the accounting firm or accounting firm for which it is active does not Reviewer may be.
(3) The administrative offence can be punished with a fine of up to fifty thousand German marks.

§ 49
Determination of penalty payments
Members of the representative body, in the case of individual undertakings of the holders, the

1.

Section 1 (1) on the obligation to draw up an opening balance sheet and an annex;

2.

Section 21 (1) on the obligation to draw up a consolidated balance sheet and an annex,

3.

Section 34 (4) of this Act, in conjunction with Section 318 (1) sentence 4 of the Commercial Code, on the obligation to issue the examination contract without delay,

4.

Section 34 (4) of this Act, in conjunction with Section 318 (4) sentence 3 of the Commercial Code, on the obligation to submit the application for a court order of the examiner,

5.

Section 34 (5) of this Act, in conjunction with Section 320 of the Commercial Code, on the obligations to the auditor, or

6.

Section 37 of this Act, in conjunction with Section 325 of the Commercial Code, on the obligation to disclose the opening balance sheet or the annex or the group's opening balance sheet or the Group's balance sheet

shall not be complied with by the Register Court by the setting of periodic penalty payments; § 335, sentences 2 to 8 of the Commercial Code shall be applied. § § 132 to 139 of the law on matters of voluntary jurisdiction shall apply to the determination of the penalty payments.

Section 8
Control. Fees

§ 50
Tax opening balance and follow-up effects
(1) taxable persons who are the legal entities of a company in accordance with § 1 shall also comply with the provisions of this law for the purpose of determining the profits of the tax law.
(2) On 1 July 1990, a tax opening balance sheet must be drawn up which, apart from the following deviations, must correspond to the opening balance of trade law. An asset item formed in accordance with section 9 (3) or section 31 (1) shall not be used. The first sentence of Article 11 (1) is to be applied with the proviso that the participation book value corresponds to the reported pro-rata capital in the tax opening balance sheet of the undertaking in which the shareholding exists. § 5 (2), (3) and (5) of the Income Tax Act shall apply. Provisions pursuant to Section 5 (4) of the Income Tax Act and provisions pursuant to Section 249 (1) sentence 2 No. 1, sentence 3 and paragraph 2 of the Commercial Code may not be formed.
(3) The correction of approaches in accordance with § 36 leads to a correction of the tax opening balance sheet and of any subsequent picture balances. If tax assessments have already been adopted, they shall be amended to the extent that the correction of balance sheet or value-added tax leads to a change in profit or loss or has an effect on the determination of unit values.
(4) amounts which are used to compensate for a capital recovery account in accordance with § 26 (4) or § 28 (1) may not be deducted from the tax-legal profit determination.
(5) Paragraph 1 to 4 shall apply mutatily to taxable persons who voluntarily lead books and make regular accounts.

Section 51
Change-related asset changes
(1) The number of changes in the assets of the taxable persons referred to in § 50 (1) or (5), as well as their members or members, arising from the opening balance and the re-determination pursuant to section 26 (2) to (4), § § 27, 28, 30. the taxes on income and income do not affect income. This applies in particular to the formation of reserves or to the dissolution of previous subvaluations where the returns are based on the revaluation of assets and liabilities which have been operating at the latest on 1 July 1990, or have been transferred to the undertaking with effect from 1 July 1990, or shall be based on the remission of debts.
(2) The resulting changes in the number of assets of the companies referred to in § 1 and their shareholders and in the assets of the cooperatives and their comrades referred to in § 1 shall not be subject to the following: Taxes on capital movements.

Section 52
Tax base values in other cases
(1) In the case of taxable persons who determine their profit in accordance with Article 4 (3) of the Income Tax Act, the cost of the assets which have been fixed or to which the assets have been fixed at the latest on 1 July 1990 shall be deemed to be the cost of acquisition or production of the goods. Taxable persons with effect from 1 July 1990 have been transferred, the values which result from the corresponding application of § § 7 to 11 and 18. The value of the goods referred to in the first sentence of 1 July 1990 must be entered in a special list (investment register). If, until 31 December 1994, it appears that they have not been scheduled for 1 July 1990 or that they have been unjustly not or substantially too high or too low, the list of fixed assets shall be corrected in so far as they are concerned; have already been adopted, they shall be amended to the extent that the correction leads to a change in profit or loss.
(2) Paragraph 1, first sentence, is to be applied to taxable persons with income from non-self-employed labour, capital assets, leasing and leasing, or with other income according to § § 17 and 22 of the Income Tax Act.

Section 53
Economic years 1990 and final tax balance
In the case of taxable persons with income pursuant to § 2 (3) (1) to (3) of the Income Tax Act, the period from 1 January to 30 June and from 1 July to 31 December shall be the period of the marketing year in the calendar year 1990. In the final tax balance as at 31 December, provisions pursuant to § 5 (4) of the Income Tax Act cannot be made and pension provisions can only be formed under the conditions of § 54.

§ 54
Pension provisions
(1) For a pension obligation, a reserve (pension provision) may only be formed if 1.

the pensioner has a legal right to one-off or ongoing pension benefits,

2.

the pension provision does not contain a reservation that the pension scheme or pension may be lessened or withdrawn, or that such a reservation only extends to situations where the general principles of the law are a reduction or withdrawal of the pension or pension benefits is permitted, subject to the approval of the discretion of the Member State; and

3.

the pension commitment is given in writing.

(2) A pension provision may only be formed

1.

before the pension is admitted for the marketing year in which the pension is granted, but at the earliest for the marketing year, up to the centre of which the pensioner is entitled to 30. Year of age,

2.

after entry of the supply case, for the marketing year in which the supply case occurs.

(3) A pension provision shall not exceed the partial value of the pension obligation. The partial value of a pension obligation shall be:

1.

before the pension is terminated, the value of the cash value of the future pension benefits at the end of the marketing year, less the amount of the same annual amounts as the present value at the same time. The annual amounts shall be calculated in such a way that at the beginning of the marketing year in which the service has commenced, their cash value is equal to the present value of the pension benefits in the future; the future pension benefits shall be equal to the sum of the amount of the pension. , which results according to the conditions at the balance sheet date. It shall be based on the annual amounts which, from the beginning of the marketing year in which the service has commenced, are to be applied in the accounts up to the date of entry of the supply case, as provided for in the pension supplement. Increases or reductions in pension benefits after the end of the marketing year, which are uncertain as to the date of their effectiveness or scope, shall be used in the calculation of the present value of future pension benefits and of the annual amounts shall be taken into account only when they have occurred. In the event that the pension commitment is not granted until after the commencement of the service, the interim period for the calculation of the annual amounts shall be treated as a waiting period only to the extent that it is determined as such in the pension commitment. Has the service ratio already before the completion of the 30. The pensionable age of the pensioner shall be deemed to have commenced at the beginning of the marketing year, until the age of the pensioner is 30 years. Year of age;

2.

after termination of the service of the pensionable person, while maintaining his or her pension rights or after the retirement of the cash value of the future pension benefits at the end of the marketing year, point 1 sentence 4 shall apply: sensual.

The calculation of the partial value of the pension obligation shall be based on an accounting foot of six of the hundred and the recognised rules of actuarial.
A pension provision shall not exceed the difference between the partial value of the pension obligation at the end of the marketing year (first year) ending on 31 December 1990 and the beginning of that marketing year. In the first year of the establishment of a pension provision, the provision may be made up to the level of the value of the pension obligation at the end of the marketing year; this provision may be based on the first year and on the shall be distributed evenly over the following two marketing years. If the employment relationship of the pensionable person ends with the maintenance of his or her pension rights at the end of the first year, or if the pension is in effect in that marketing year, the pension provision shall always be subject to the value of the partial value of the pension obligation; the increase in the pension provision allowed for this marketing year may be spread evenly over the first year and the following two marketing years.
(5) Paragraph 3 and 4 shall apply accordingly where the pensioner is in a different legal relationship with the pensioner than an employment relationship.

§ 55
Deposits
If, within three years from 30 June 1990, a holding is supplied as a deposit which has been purchased or produced before 1 July 1990, the amount paid by the taxable person in an opening balance sheet shall be that of 1 July 1990. It could have been used as a cost of acquisition or production.

§ 56
Fees
(1) Court fees and notarial assessment fees arising on the occasion of the establishment of the opening balance sheet and the reestablishment of the capital ratios under this Act shall be reduced by fifty per hundred. If the fee to be calculated in accordance with the first sentence exceeds two thousand Deutsche Mark for the assessment of the decisions of the meeting, the amount exceeding two thousand German marks shall be reduced by another twenty-five from the hundred. If the fees are paid to the notary itself, the fees shall be reduced in accordance with § 144 (1) of the Law on the Costs in Voluntary Jurisdiction (Costing) of the Federal Republic of Germany in the German Federal Law Gazans Part III, outline number 361-1, published as amended, as last amended by Article 5 of the Law of 5 April 1990 (BGBl. I p. 701).
(2) The reduction shall also apply to the fees incurred in the case of a conversion of companies, provided that the conversion is not decided later than the redetermination and, after the opening balance sheet, the nominal capital is one hundred thousand Deutsche Mark. does not reach or the transferred equity of the Aktiengesellschaft or the Kommanditgesellschaft on shares one hundred thousand Deutsche Mark or the transferred own capital of the company with limited liability fifty thousand Deutsche Mark is not achieved. The reduction does not extend to the fees charged on the occasion of the compensation of a capital recovery account.
(3) Where a decision to assess the fees referred to in paragraph 1 is at the same time assessed, notified, registered or registered with other decisions not covered by paragraph 1, the decision shall be subject to a uniform fee, such as: shall be reduced only to the partial amount of the total fee which exceeds the fee which would be charged for the transaction not covered by paragraph 1, if it had been taken separately.
(4) The reduction does not extend to the additional fee for documents held outside the place of jurisdiction and for foreign language declarations; however, the fee for the certification outside the place of jurisdiction may amount to the amount of the transaction for the transaction do not exceed (discounted) fee.
(5) The provisions relating to the minimum fee shall remain unaffected.

Section 9
Other provisions

Section 57
Resolution
(1) Public limited liability companies, limited liability companies and limited liability companies which have not re-established their capital ratios under this Act until 31 December 1991 shall be dissolved with the expiry of that day. If, on a case-by-case basis, the time limit for determining the opening balance is extended beyond 31 December 1991, the company shall be replaced by the date of 31 December 1991 of the three-month period following the expiry of the extension period. Where the decision to recommit has been contested before 31 December 1991, the date of the decision shall be 31 December 1991, six months after the date of the decision of the decision.
(2) Public limited liability companies, limited liability companies and limited liability companies whose share capital is less than the minimum amounts allowed under the legal form after the re-establishment and which increases the In addition, nominal capital has been resolved at the end of 31 December 1991, if the increase in the nominal capital has not become effective until that date.
(3) Stock companies, limited liability companies and limited liability companies, which have exercised the power to form a capital recovery account, shall be dissolved at the end of December 31, 1997, when the Implementation of the compensation has not been entered into the commercial register by that date.
(4) Paragraph 1, first sentence, shall be applied in accordance with the provisions of the acquisition and economic cooperatives where the necessary amendments to the Staff Regulations have not been entered into the Cooperative Register by 31 December 1991.

Section 58
Fiscal year
(1) The companies have to redefine their financial year. By way of derogation from Section 240 (2) sentence 2 of the Commercial Code, the first financial year may comprise up to eighteen months, in the case of financial institutions and insurance undertakings, up to twelve months.
(2) Companies making use of paragraph 1 shall, for 31 December 1990, draw up an annual accounts in accordance with the rules of commercial law which apply to them. There is no need for an annex. The annual accounts need not be examined or disclosed.

Section 10
Final provisions

§ 59
Empowerment
The Minister for Finance is authorized, in agreement with the Minister for Economic Affairs and the Statistical Office of the German Democratic Republic, by means of a legislative regulation to implement this law on the form and content of the § § 1, 20, 21, 39 and 45 of the documents to be provided, the capital adequacy of the undertakings and the conduct of the examination, the determination and disclosure of these documents and the procedure to be followed in so far as these requirements are necessary to ensure the implementation of the changeover in the sense of of the Treaty on the creation of a monetary, economic and social union and the objectives of this law.

§ 60
Application
This law shall apply with effect from 1 July 1990, but the provisions of Section 7 shall not apply until the entry into force of the Treaty.

The following law of the German Democratic Republic shall remain in force:

2.

Arrangement concerning the conclusion of the accounts in Mark of the German Democratic Republic as at 30 June 1990 of 27 June 1990 (GBl). I n ° 40 p. 593)

Footnote

Sect. I n ° 2 (italic pressure): AnO opened. by § 1 no. 3 G v. 30.1.2002 I 567 mWv 7.2.2002 Unofficial table of contents

Annex II Kap III D III Annex II, Chapter III
Area D-Trade and company law, insurance contract law
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:
§ 16 (1), (2) sentence 1 and (4) in conjunction with Section 13 (1) of the Regulation on compulsory insurance for motor vehicle holders-compulsory insurance policy-of 1 August 1990 (GBl. No 52 p. 1053) shall continue to apply in the territory referred to in Article 3 of the Treaty until 31 December 1991. The Federal Minister of Justice is authorized to extend the period of validity of these provisions by means of a decree law without the consent of the Bundesrat. Unofficial table of contents

Annex II Kap IV Annex II, Chapter IV
Division of the Federal Minister for Finance

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1194-1200) The text of the chapter is broken down into sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification II Cape IV)-All documents relating to Chapter IV of Annex II shall be issued,

b)

section-related (e.g. B. Unification II Cape IV III)-The document is given in section III of Chapter IV of Annex II,

Unofficial table of contents

Annex II Kap IV I Annex II, Chapter IV
Section I

The following law of the German Democratic Republic shall remain in force:

1.

Sparkassengesetz vom 29. Juni 1990 (GBl. I n ° 40 p. 567)

2.

Regulation on the redemption of shareholders ' rights of holders residing outside the German Democratic Republic to the Altgubalances Redemption Bond of 27 June 1990 (GBl. I n ° 39 p. 543)

3.

Determination of the implementation of the Regulation on the repayment of the shares of holders residing outside the German Democratic Republic to the Altgubalances Redemption Bond of 20 July 1990 (GBl). I n ° 49 p. 906)

4.

Law for the determination of unlawful acts with effect on the currency conversion of Mark of the German Democratic Republic into Deutsche Mark of 29 June 1990 (GBl. I n ° 38 p. 501)

5.

With the entry into force of this Agreement, the following Church Tax Law of the German Democratic Republic shall enter into force:

§ 1The religious companies, which are bodies of public law, are entitled to raise taxes on the basis of the bourgeois tax lists. § 2Centities of the Public law:

1.

in the area of the Evangelical Church:

a)

the Evangelical Church of Anhalt,

b)

the Evangelical Church in Berlin-Brandenburg,

c)

the Evangelical Church of the Görlitz Church,

d)

the Pommersche Evangelical Church,

e)

the Evangelical Lutheran Church of Mecklenburg,

f)

the Evangelical Church of the Church Province of Saxony,

g)

the Evangelical Lutheran Church of Saxony,

h)

the Evangelical Lutheran Church in Thuringia

as well as their church congregations and ecclesiastic groups and their associations;

2.

in the area of the Catholic Church:

a)

the diocese of Berlin,

b)

the diocese of Dresden-Meissen,

c)

the Apostolic Administraciation Görlitz,

d)

the Episcopal Office of Erfurt-Meiningen,

e)

the Episcopal Office of Magdeburg,

f)

the Episcopal Office Schwerin

as well as their church congregations and congregation associations;

3.

the Jewish cult communities;

4.

other religious societies that have the same rights.

§ 3
Religious societies shall, upon request, be granted the rights of a body of public law if, by virtue of their constitution and the number of their members, they provide the guarantee of the duration. If a number of such public-law religious societies join together to form an association, this association is also a public-law body.

Section II
Church tax framework for the Church of the Evangelical Church and the Catholic Church

§ 4
The members of the churches referred to in § 2 no. 1 and 2 are obliged to pay public service charges (church taxes) in accordance with their own tax regulations issued by the churches.

§ 5
(1) Church tax obligations are all members of the Evangelical Church and of the Catholic Church, who have their residence or habitual residence within the meaning of the tax code in the German Democratic Republic.
(2) The church tax obligation shall begin with the first day of the calendar month following the beginning of the membership of the church and the foundation of residence. It ends

1.

in the case of death at the end of the mortal month,

2.

in the event of withdrawal, the date of expiry of the calendar month in which the place of residence has been abandoned;

3.

in the case of the exit of the church, by the end of the calendar month following the month in which the declaration has become effective.

The exit of the church is to be proved by a certificate of the body legally responsible for the acceptance of the church exit declaration.

§ 6
(1) Church taxes may be levied individually or side-by-side in accordance with the ecclesiastic tax regulations as a country (diocesan) church taxes and as local church taxes, as well as in various ways.

1.

as

a)

Surcharge for income tax and payroll tax or on the basis of a special rate (church tax on income),

b)

Surcharge on property tax or on the basis of the assets (church tax of assets),

each in a percentage of the scale tax. Before calculating the church tax on income, the income tax and the payroll tax are to be reduced by the amounts prescribed for the calculation of scale taxes, to the extent that the income tax law provides for this; as well as

2.

as a church allowance in fixed or staggered amounts; and

3.

as a special church allowance of clerk taxpayers whose spouse is not a member of a tax-authorized church (church money in a marriage of faith).

(2) On the nature and level of the church tax to be collected, the body or church body responsible under the ecclesiastic tax system shall decide. The ecclesiastic tax order can determine that church taxes of a kind are credited to church taxes of a different kind.
(3) The ecclesiastic tax regulations and the church tax decisions as well as their amendments require the state recognition. The Board of Governor responsible for the financial management shall decide on the recognition. The recognised ecclesiastic tax systems and ecclesiastic decisions shall be notified by the appropriate ecclesiastic authorities in a manner to be determined by them and by the competent financial authority in the form prescribed for tax laws. done. If there is no recognised tax decision at the beginning of a tax year, the current until the recognition of a new tax year shall apply until 30 June of the next tax year.

§ 7
(1) where spouses belong to different tax-eligible churches (confession-different marriage) and are subject to the conditions for a congregation in the income tax, the church tax is a church tax on the income of both Spouses raised in the following manner:

1.

if the spouses are assessed together with the income tax, half of the income tax;

2.

if a spouse or both spouses are subject to a wage tax, half of the payroll tax.

The spouses shall be liable as total debtors. In the wage deduction procedure, the church tax is to be withheld for each spouse for the other.
(2) The conditions for a condisposition to the income tax do not exist or if the spouses are separated or particularly assessed, the church tax is paid by the income of each spouse according to his/her parish and after the of the tax base in each person's own person.
(3) Paragraph 2 shall apply for the collection of the other types of church tax referred to in § 6 para. 1.

§ 8
(1) Only one spouse of a tax-authorized church is present (marriage of faith), the taxable church shall collect the church tax from him on the basis of the tax base given in his/her person.
(2) Where the spouses are subject to the scale tax, the scale tax fixed against the two spouses shall be divided in proportion to the amounts which would result from a separate assessment for each spouse. The tax of the spouses belonging to the taxable religious community, which is dependent on the scale-tax, shall be calculated in accordance with the part of the scale-up tax which is part of the tax. The same applies in the case of a common wage tax annual compensation.
(3) The provisions relating to the church allowance remain untouched in the faith of different marriage.

§ 9
(1) Church taxes shall be administered by the church authorities, subject to the provisions of § 10. These will be made available on request by the competent national authorities and by the municipalities, counties and local associations on request, which they require for taxation. The necessary reporting data shall be transmitted to the ecclesiastic authorities.
(2) Anyone who is to be subject to a church tax shall have the authority responsible for the administration of this tax to provide information on all the facts from which the determination of membership of a tax-authorized church, Church congregation or association depends. In addition, the ecclesiastic staff must make the declarations necessary for the establishment of the church tax.

§ 10
At the request of a church, the administration of the church tax due to it is of income (setting and collection and implementation of the annual compensation), the church tax of the property and of the church tax in the faithful marriage by the To transfer the financial administration to the financial offices. The administration by the tax offices requires the church tax rate to be uniform within a country. The churches are obliged to agree among themselves on uniform percentages as surcharges for the scale-tax. The remuneration to be paid for the participation of the tax authorities in the administration of the church tax is agreed between the respective state government and the churches.

§ 11
(1) To the extent that the church tax is administered by the tax authorities on income, the employers whose premises are located in the countries of the German Democratic Republic shall be obliged to apply the church tax by all members of the church with Residence or habitual residence within the meaning of the tax code in the German Democratic Republic with the tax rate applicable to the place of establishment within the meaning of the wage tax law and to that applicable to the place of business financial office responsible for forwarding to the churches.
(2) At the request of the churches whose territory is situated wholly or partly outside the German Democratic Republic but within the Federal Republic of Germany, the competent supreme financial authority of the country shall order the withholding and removal of the Church tax in the pay-off procedure also for employees who are taxable against these churches, provided that they do not reside in the German Democratic Republic or have their habitual residence within the meaning of the tax regime, but a permanent establishment within the meaning of the wage tax law of the Germans Democratic Republic is to be paid. Different amounts of different church tax rates are the same as those of the churches themselves; refunds are to be made at the request of the employees, and follow-up surveys can be waived.

§ 12
(1) To the extent that the church tax is administered by the financial offices, the church tax on income shall be subject to the rules on income tax and the payroll tax, in particular the provisions relating to the pay-off procedure and to the church tax. the property shall be subject to the rules applicable to property tax, provided that nothing else is determined in this Act and in the ecclesiastic tax system. Moreover, the rules of the tax system are to be applied, with the exception of the rules on sowing surcharges and interest, on the out-of-court redress procedure and on penalties and fines.
(2) In so far as the tax offices administer the church tax, a different determination of reasons of equity, a deferment, a remission or a suppression of the income tax (payroll tax) or wealth tax also extends to the Church taxes levied as surcharges for these taxes. The right of the ecclesiastic authorities to fix the church tax by way of derogation for reasons of equity, in whole or in part, or to strike down in part or in part shall remain unaffected.

§ 13
If the church tax is administered by the churches themselves, it shall, upon request by the financial offices, be governed by the regulations of the tax regulations and their secondary laws or, to the extent that municipal authorities draw in the scale tax, by the municipal authorities. Enforcement authorities, in accordance with the rules on compulsory administrative procedures.

§ 14
(1) For disputes in church tax matters, the administrative right shall be given. If the objection is directed against the tax decision of a financial authority, the competent church authority shall be heard.
(2) Legal remedies against the use of the church tax cannot be based on objections to the assessment of income tax (payroll tax) on which the church tax is based (income tax) or wealth tax.
(3) Any negative decision of the ecclesiastic authorities shall be justified and shall be accompanied by an instruction on the appeal.

Section III
Framework regulation for other religious communities

§ 15
§ § 4 to 14 shall apply to other churches other than those referred to in § 2 Nos. 1 and 2 and to religious communities and philosophers of worldview, which are bodies of public law.

Section IV
Reporting Rules

§ 16
(1) The reporting authorities shall also collect the information on the legal affiliation with a religious company under public law as reporting data. The information is subject to tax secrecy and may only be used in the context of this law to determine the church tax liability.
(2) In the event of doubt as to the accuracy of the data on the affiliation of a religious company available to the reporting authority, the data relating to him or her, as appropriate, shall, at the request of the person concerned, be considered as reporting data. . The reporting authority shall communicate the deviation of the participating religious company.

§ 17
The reporting authorities and the competent ecclesiastic bodies shall, for the purposes of determining the data required for the collection of the church tax, shall take the data of the members of the church, including the official name of the legal affiliation to a Religious society public law, the necessary data exchange before.

§ 18
The supreme state authority responsible for the financial management shall be entitled to provide the necessary details of the collection, storage, forwarding and use of data required for the determination of the applicable church tax, to ensure the protection of data protection by means of regulation.

§ 19
General rules on the rule of law on church affiliation remain unaffected.

Section V
Application rule

§ 20
(1) The provisions of this Act shall apply for the first time in respect of the fiscal year beginning on 1 January 1991. In the case of tax deductions from the working wage, this shall apply with the proviso that the provisions shall apply for the first time to current wages paid for a period of payment ending after 31 December 1990 and to other references to be paid in accordance with the provisions of the 31 December 1990.
(2) In so far as findings or data transfers are necessary for the determination of the applicable church tax before 1 January 1991, the law shall be applied from the day after the announcement. "

6.

First implementing regulation on the trust law of 15 August 1990 (GBl. I No 53, p. 1076)

7.

Second Implementing Regulation to the Trust Law of 22 August 1990 (GBl. I No 56 p. 1260)

8.

Third Implementing Regulation to the Trust Law of 29 August 1990 (GBl. I No 57 p. 1333)

9.

Statutes of the Treuhandanstalt of 18 July 1990 (GBl. I No 46 p. 809)

Unofficial table of contents

Annex II Kap IV II Annex II, Chapter IV
Section II

The following law of the German Democratic Republic shall remain in force with the following amendments:

1.

The Law on the State Bank of Berlin of 29 June 1990 (GBl. I No 38 p. 504)

a)

Section 1 (4) is as follows: " (4) The capital of the Bank shall be the subject of the German Democratic Republic. § 13 shall remain unaffected. After the unification of Germany, Article 23 (7) of the Unification Treaty applies to the allocation of the share capital. "

b)

Section 2 (1) is amended as follows:

aa)

In point 1, the last indent shall be deleted.

bb)

Point 2 is deleted.

cc)

Points 4 and 5 shall be deleted.

dd)

In point 6, after the word 'credit institutions', the words ', in particular the savings bank sector' shall be added.

c)

Section 7 shall be repealed

d)

§ 13 is adopted as follows: " (1) The Minister of Finance may, in order to implement Article 23 (7) of the Agreement of Unanimity, by means of a regulation which requires the approval of the Federal Minister of Finance, the assets of the Bank as a whole without Settlement by means of the overall succession to a public-law credit institution in the Federal Republic of Germany or any other legal entity (legal entity) or parts of the assets of the bank, in each case as a whole, if necessary transferable to one or more legal entities without settlement. In the case of partial transfers, the items and liabilities to be transferred to each accepting entity shall be designated in the Regulation or in an annex forming part of its constituent. If, according to the Regulation, objects or liabilities are not covered by a transfer, that part of the assets is to be uncovered. (2) Before the adoption of the Regulation, the management and supervisory bodies of the Bank and of the parties concerned shall be (3) The transfer shall take effect at the end of the day following the proclamation of the Regulation in the Official Journal of the German Democratic Republic. The assets of the bank, including the liabilities, may be in accordance with the division, in accordance with the rules laid down in the Regulation or in its Annex, to the entities referred to in the Regulation. § 613a of the Civil Code does not apply. In the event of a transfer of the entire assets, the Bank shall be issued. No taxes are levied on the basis of the transfer. "

e)

According to § 13, the following § 13a is added: "§ 13aAfter the manufacture of the unity of Germany, § 13 repeals force; the responsibilities according to § 6 paragraph 2 Nr 1, 2 and 3, § § 8, 10 para. 2 and § 12 go on to the Federal Minister of Finance."

Unofficial table of contents

Annex II Kap IV III Annex II, Chapter IV
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

The Law on the adoption of the budget of the German Democratic Republic for the period from 1 July to 31 December of the 1990 financial year (1990 budget law) of 22 July 1990 (GBl). 787) shall be continued as part of the Federal budget 1990 in accordance with the following provisions:

a)

In § 5 (1), the number "8,000,000,000" is to be replaced by the number "12,000,000,000".

b)

Section 11 (2) of the Financial Regulation of the Republic of Germany and of the amount limit pursuant to Section 35 (3) sentence 4 of the Financial Regulation of the Republic of Germany and Section 5 of the Law on the determination of the Federal budget for the financial year 1990.

c)

Section 14 (1) replaces § 21 of the Financial Regulation of the Republic of Germany, Section 23 of the Federal Budget Code.

d)

In Article 15 (1), the words "22 July 1990" shall be replaced by the words "1 July 1990".

2.

The Law of 6 July 1990 on the assets of municipalities, cities and counties-Local wealth law-(GBl. N ° 42 p. 660) with the following conditions:

a)

The municipalities, towns and counties are only assets directly serving their administrative tasks (administrative assets) and other assets (financial assets) in accordance with Article 10 (6) and Article 26 (4) of the Treaty of 18 May 1990 on the creation of a Monetary, Economic and Social Union (BGBl. 518), as well as Articles 21 and 22 of the agreement.

b)

In Article 4 (2), the following sentence is added: " As far as the sum of the shareholdings of the municipalities, cities and counties would exceed 49 from the hundred of the capital of a capital company for the supply of line-bound energies, these shall be added. Shareholdings proportionally reduced to this share. "

3.

Investment allowance regulation of 4 July 1990 (GBl. 621), provided that this Regulation applies throughout the scope of the Basic Law as federal law.

4.

The Regulation of 4 July 1990 on the settlement of receivables and liabilities of realised contracts in Western currencies (convertible currencies, clearing currencies and settlement units) and the German mark against foreign exchange foreign countries and Contract partners in the Federal Republic of Germany and West Berlin (GBl. 662), with the following proviso: All costs are to be dealt with in accordance with the provisions relating to the settlement of claims and liabilities vis-à-vis foreign countries and the Federal Republic of Germany in accordance with Article 24 of the Unification Treaty.

5.

Arrangement on the Statute of the Cooperative Bank Berlin of 30 March 1990 (GBl. 251), as amended by Regulation No 2 on the Staff Regulations of the Cooperative Bank Berlin of 23 August 1990 (GBl). No 58 p. 1426) with the following proviso: the Minister of Finance, in agreement with the Federal Minister of Finance, may, by means of a regulation, amend the Staff Regulations of the Cooperative Bank Berlin in so far as this is necessary for the production of a healthy structure of the co-operative banking and the adjustment of the legal relationships of the cooperative bank Berlin to other credit institutions. The Regulation may also provide for or permit the conversion of the cooperative bank Berlin into a capital company. Once the German unit has been manufactured, the regulation authorizes the Federal Minister of Finance.

6.

Law on the use of gas oil by agricultural holdings (Agricultural Gas Oil Use Act) of 24 August 1990 (GBl). 1325), with the following proviso: the law shall remain in force until 31 December 1990.

7.

The implementing provisions on the Agricultural Gas Oil Use Act of 31 August 1990 (GBl. 1327), with the following proviso: it shall remain in force until 31 December 1995.

8.

§ § 2 to 4 of the Order on the Abolition of Legislation in the Area of Voluntary Property and Liability Insurance of the Citizens of 22 August 1990 (GBl. No 56 p. 1270) with the following conditions: they shall remain in force.

9.

§ § 2 and 3 of the Order on the Abolition of Legislation in the Area of Voluntary Personal Insurance of the Citizen of 22 August 1990 (GBl. No 56 p. 1269) with the following conditions: they shall remain in force.

10.

§ § 2 and 3 of the Order to repeal the Order on the Conditions for the Voluntary Insurance of the Parties and Social Organizations of 22 August 1990 (GBl. No 56 p. 1269) with the following provisions: they shall remain in force until 31 December 1990.

11.

§ § 2 and 3 of the Order to repeal the Order on the Conditions for the Voluntary Insurance of Cultures of Private Horticultural Companies and other Main Professional Plant Producers of 22 August 1990 (GBl. No 56 p. 1269) with the following provisions: they shall remain in force until 31 December 1990.

Unofficial table of contents

Annex II Kap V Annex II, Chapter V
Division of the Federal Minister for Economic Affairs

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1201-1203) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification II Cape V)-All documents relating to Chapter V of Annex II shall be issued,

b)

subject-related (e.g. B. Pur.Vtr Annex II Cape Ve)-The document is issued on the subject E of Chapter V of Annex II-

c)

section-related (e.g. B. Unification II Cape V E II)-The document is issued in section II of Section V of Chapter V of Annex II,

Unofficial table of contents

Annex II Kap V A III Annex II, Chapter V
Subject A-General economic law, economic policy, competition and price law
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Regulation on the repeal or repeal Maintenance of legislation in the field of prices of 25 June 1990 (GBl. N ° 37 p. 472), with the following measures:

a)

Section 2 (1) shall apply in the area of

aa)

water management until 31 December 1990,

bb)

the energy industry, insofar as it relates to electricity, gas and solid fuels, until 31 December 1990, in so far as it relates to thermal energy, by 30 June 1991,

cc)

transport (without the special assets of the Deutsche Reichsbahn) until 31 December 1991,

dd)

Rents and pachts, insofar as they relate to housing, until 31 December 1991, insofar as they relate to other living quarters, until 31 December 1990.

b)

Section 2 (1) does not apply in the field of mail and telecommunications.

c)

Section 2 (3) shall apply until 31 December 1990, with the necessary regulations being adopted by the relevant Federal Minister in agreement with the Federal Minister of Finance.

2.

The second regulation on the repeal or repeal Maintenance of legislation in the field of prices of 25 July 1990 (GBl. 785) shall continue to apply until 31 December 1990.

3.

§ § 4 and 10 of the Drug Price Ordination of 4 July 1990 (GBl. No 44 p. 715) shall continue until the entry into force of the provisions of the Fifth Book of Social Code.

4.

Regulation on the formation, activity and conversion of craft production cooperatives of 8 March 1990 (GBl). 164) with the following conditions: production cooperatives of the craft are dissolved with effect from 31 December 1992, provided that they are transformed in accordance with the provisions of this Regulation into one of the legal forms referred to in Article 4 (1) or in one of the following: co-registered cooperatives have not been completed by that date.

5.

Arrangement through cooperative institutions in the field of service, repair and immediate supply services of 20. October 1980 (GBl. 316), with the following proviso: the order shall not enter into force on 31 December 1992.

6.

Regulation on the promotion of the acquisition of land by small and medium-sized enterprises (SMEs) of 11 July 1990 (GBl. 665) The Regulation shall not enter into force on 31 December 1990.

Footnote

Sect. III no. 1 (italic pressure): v deg. by § 1 No. 4 G v. 30.1.2002 I 567 mWv 7.2.2002 Unofficial table of contents

Annex II Kap V D III Annex II, Chapter V
Area D-Law of the mining and utilities sector
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

a)

Regulations of the German Democratic Republic, which are wholly or partly based on the Mining Act of the German Democratic Republic of 12 May 1969 (GBl. 29) or the provisions adopted for the implementation thereof, and contain provisions which, according to § 64 (3), § § 65 to 68, 125 (4), § 129 (2) and § 131 (2) of the Federal Mining Act of 13 August 1980 (BGBl. 1310), as last amended by the Law of 12 February 1990 (BGBl I). 215), shall be deemed to be regulations within the meaning of Section 176 (3) of the Federal Mining Act, with the following measures:

aa)

§ 176 (3) sentence 2 of the Bundesberggesetz (Bundesberggesetz) occurs in addition to Section 68 (1) of Section 64 (3),

bb)

In § 176 (3) sentence 3 of the Bundesberggesetz (Bundesberggesetz), § § 68 (2), § 125 (4), § 129 (2) and § 131 (2).

b)

The provisions of the Mining Act of the German Democratic Republic and the provisions adopted pursuant thereto in order to ensure public safety in decommissioned installations of mining-mining companies, for which a If the legal successor does not exist or can no longer be established, or which had been definitively established up to the date of the date of accession, the provisions of Article 1 (1) of the These countries and the part of the Land Berlin, in which the Basic Law has not yet been , with the proviso that the counties of the counties are to be replaced by the state governments.

2.

The Ordination on Underground cavities of 17 January 1985 (GBl. No 5 p. 57) shall be valid until 31 December 1995.

3.

The implementing provisions for the Ordination on Underground cavities of 17 January 1985 (GBl. No 5 p. 61) shall be valid until 31 December 1995.

4.

Energy Regulations of 1 June 1988 (GBl. 89), as last amended by the Regulation of 25 July 1990 on the modification of the energy system (GBl). 812), as well as the legislation on this subject, as amended by the Fifth Implementing Regulation on Energy Regulations-Adaptation Regulations-of 27 August 1990 (GBl. N ° 58, p. 1423), with the following measures:

a)

§ § 10, 14, 33 (2) and § 52 as well as the implementing provisions adopted for this purpose shall continue until 31 March 1991.

b)

§ § 29 (1) to (3), § § 30, 31, 48 and 69 (4), as well as the implementing provisions adopted for this purpose, shall continue to apply to existing co-use rights of land and structures for power transmission systems until 31 December 2010. This shall apply only until 31 December 1991, unless an effective concession contract has been concluded before 31 December 1991 for existing co-use rights in the land of towns and municipalities for energy transmission facilities serving municipal supply. is completed. A right of use in accordance with these provisions does not require the registration in the land register with respect to the public faith of the basic book.

Unofficial table of contents

Annex II Kap V E II Annex II, Chapter V
Field E-External economic law
Section II

The following law of the German Democratic Republic shall remain in force with the following changes or measures:

1.

§ § 8 and 50 of the Law on Foreign Economic, Capital and Payments-GAW-of 28 June 1990 (GBl. I n ° 39 p. 515)

a)

§ 8 shall be concluded as follows: " In order to comply with intergovernmental agreements which the German Democratic Republic has concluded, it may be possible for persons established in the territory referred to in Article 3 of the agreement to enter into the territory of the United States of the United States of Germany to: It shall lay down restrictions or obligations on supplies or covers, provided that the obligations arising out of agreements or agreements entered into before 1 July 1990 are made. This shall also apply in order to ensure the overall economic needs arising from existing settlement agreements. The determination of obligations for supplies or covers shall be permitted only if the obligations in other economically viable ways are: Where the determination of the obligations set out in the first sentence is a measure within the meaning of the first sentence of Article 14 (2) of the Basic Law, the residents shall be deemed to have a fair balance between their interests and those of the To properly compensate for the interests of the general public in money. "

b)

§ 50 shall continue until 31 December 1991.

2.

The decision of the Council of Ministers on the "Financing and settlement of trade in RGW countries" in conjunction with the decision of the Council of Ministers of 11 July 1990 " Cessation of accounts with the Member States of the Comecon in transferable roubles from 1. January 1991 " shall continue until 31 March 1991.

3.

The 'Directive on the granting of financial aid for the implementation of export contracts with the Comecon countries in the second half of 1990' of 27 June 1990 shall continue to apply until 31 December 1990.

Unofficial table of contents

Annex II Kap VI Annex II, Chapter VI
Division of the Federal Minister for Food, Agriculture and Forestry

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1204-1205) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification II Cape VI)-All documents relating to Chapter VI of Annex II shall be issued,

b)

subject-related (e.g. B. Unification II Cape VI (a)-All documents relating to subject area A of Chapter VI of Annex II shall be issued,

c)

section-related (e.g. B. Unification II Cape VI A III)-The document is issued in section III of Section A of Chapter VI of Annex II,

Unofficial table of contents

Annex II Kap VI A II Annex II, Chapter VI
Area A-Land use and animal husbandry
Section II

The following law of the German Democratic Republic shall remain in force with the following amendments:

1.

Law on the structural adjustment of agriculture to the social and ecological market economy in the German Democratic Republic-Agricultural Adjustment Law-of 29 June 1990 (GBl. I n ° 42 p. 642)

a)

In section 44 (1) sentence 2, after the word "economic buildings", a comma and the words "milk reference quantities, delivery rights for sugar beet" shall be inserted.

b)

Section 53 (3) is deleted.

c)

Section 69 (1) Nos. 2 to 4 is deleted.

Unofficial table of contents

Annex II Kap VI A III Annex II, Chapter VI
Area A-Land use and animal husbandry
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Law for the promotion of agricultural and agricultural adaptation of the agricultural sector of the GDR to the social market economy-Subsidy Act-of 6 July 1990 (GBl). 633) as well as the on-going regulations based on the following measures:

a)

The law and the arrangements based on it shall only apply unless the Law on the Community Task "Improvement of Agricultural Structure and Coastal Protection" as amended by the Notice of 21 July 1988 (BGBl). I p. 1055).

b)

Section 1 (1) (4) and the arrangements based on it shall expire on 31 December 1990.

2.

Law on agricultural production cooperatives-LPG-Law-of 2 July 1982 (GBl. 443), as last amended by the Law on the amendment or repeal of the laws of the German Democratic Republic of 28 June 1990 (GBl). 483), with the following proviso: the law shall expire on 31 December 1991.

Unofficial table of contents

Annex II Kap VI B II Annex II, Chapter VI
Area B-Trust assets
Section II

The following law of the German Democratic Republic shall remain in force with the following amendments:

1.

Law on the transfer of property and the leasing of land-based land used to cooperatives, members of the cooperative and other citizens of 22 July 1990 (GBl. N ° 49 p. 899):

a)

Section 4 (3) is deleted. Paragraph 4 shall be paragraph 3, paragraph 5 shall be paragraph 4.

b)

§ 8 is deleted.

Footnote

Sect. II no. 1 (italic pressure): G deg. by § 1 no. 5 G v. 30.1.2002 I 567 mWv 7.2.2002 Unofficial table of contents

Annex II Kap VI C III Annex II, Chapter VI
Area C-Forestry
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Specialist area standard for forest seed products, recognition and management of forest seed stocks of September 1987-TGL 27249-03with the following measures:

a)

To the extent that the law on forest seed and planting material in the version of the notice of 26 July 1979 (BGBl. 1242), as last amended by Article 16 of the Law of 28 June 1990 (BGBl I). 1221), while the transitional period laid down in Annex I, Chapter VI, Section III, point III, point (a), or by reason of a regulation on this Treaty, is not applied, the Section Standard shall apply to forest seed products, Recognition and management of forest seed stocks of September 1987-TGL 27249-03.

b)

The areas of origin included in the standard of expertise are considered to be the regions of origin according to § 5 of the law on forest seed and planting material, to the extent that the tree species are subject to the law on forest seed and planting material and the regulations of the Law on forest seeds and planting products.

Unofficial table of contents

Annex II Kap VII Annex II, Chapter VII
Division of the Federal Minister of Inner-German Relations

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1206) (without content) Unofficial table of contents

Annex II Kap VIII Annex II, Chapter VIII
Division of the Federal Minister for Labour and Social Affairs

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1207-1216) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification II Cape VIII)-All documents relating to Chapter VIII of Annex II shall be issued,

b)

subject-related (e.g. B. Unification II Cape VIII E)-All documents relating to area E of Chapter VIII of Annex II shall be issued,

c)

section-related (e.g. B. Unification II Cape VIII E III)-The document is given in section III of Section E of Chapter VIII of Annex II,

Unofficial table of contents

Annex II Kap VIII A II Annex II, Chapter VIII
Objective A-Labour Law Order
Section II

The following law of the German Democratic Republic shall remain in force with the following amendments:

1.

Section 115b of the Labour Code of the German Democratic Republic of 16 June 1977 (GBl. 185), as last amended by the Law of 22 June 1990 (GBl). I n ° 35 p. 371):

a)

§ 115b (1) shall be replaced by the following paragraphs 1 to 3: " (1) For the period referred to in § 115a (1), the employee shall continue to pay the remuneration payable to him at the regular working time which shall apply to him. Excluded are solutions, dirt allowances and similar services, insofar as the right to them depends on them in the case of the working capacity of the employee, whether and to what extent the employee expenses which are covered by these benefits , and the employee does not have such expenses incurred during the incapacity to work. If the employee receives a chord wage or any other remuneration paid to the result of the work, the average earnings to be paid by the employee in the regular working time for him are to be paid. (2) In the event of a reduction in operation and, therefore, the worker's remuneration would be reduced in the case of his or her working capacity, the reduced working time shall be for the duration of the worker's duration as the regular working time for the worker, in the sense of the Paragraph 1. This does not apply in the case of § 1 para. 2 of the Act to regulate the payment of wages on public holidays. (3) The provisions of paragraphs 1 and 2 may be deviated by collective agreement. Within the scope of such a collective agreement between non-tariff employers and employees, the application of the collective agreement on the payment of pay in the case of sickness can be agreed. "

b)

Section 115b (2) becomes Section 115b (4) and is valid until 30 June 1991.

Unofficial table of contents

Annex II Kap VIII A III Annex II, Chapter VIII
Objective A-Labour Law Order
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

The following paragraphs of the Labour Code of the German Democratic Republic of 16 June 1977 (GBl. 185), as last amended by the Law of 22 June 1990 (GBl). I n ° 35 p. 371):

a)

§ § 55, 58 (1) (a) and (2), § 59 (2), § § 115a, 115c bis e shall continue.

b)

Section 58 (1) (b) shall apply until 31 December 1990. Beyond that date, it shall apply:

aa)

for mothers or Fathers, whose child was born before 1 January 1991, and

bb)

for single-parent workers, the child of which was born before 1 January 1992. Section 58 (1) (b) of the German Federal Law on the Protection of the Rights of the Federal Republic of Germany (§ 9 of the Maternity Protection Act) and the § 18 Bundeserziehungsgeldgesetz (Federal Law of

c)

§ § 62 to 66 shall apply until 31 December 1991.

d)

§ 70 shall apply until 31 December 1991.

e)

Section 186 shall apply until 30 June 1991.

f)

§ § 260 to 265a shall apply until 31 December 1991.

g)

§ § 267 to 269a shall apply until 31 December 1990.

2.

§ 8 of the Ordination on Recreational Holidays of 28 September 1978 (GBl. 33 p. 365) shall apply.

3.

Law on the Establishment and Procedure of the Arbitration for Labour Law of 29 June 1990 (GBl). 505) shall continue to apply in the territory referred to in Article 1 (1) of the Treaty and shall apply by means of the following measures:

a)

§ 2 (1) sentence 3 is to be applied in the following version: " The district court shall be responsible for the employment law without prior appeal to the arbitration body, if:

1.

a trial party is in pre-trial detention or in prison, and claims are asserted from a working relationship established before the arrest or before admission to the prison sentence;

2.

active military service or civil service;

3.

the worker is no longer working in the company because he has established a new employment relationship with one establishment in another place. "

b)

§ 11 (1) sentence 2 and 3 of the Labour Court Act, as amended by the Notice of 12 July 1979 (BGBl, applies to the representation before the arbitration body in accordance with § 4). 853, 1036), as last amended by Article 1 of the Law of 26 June 1990 (BGBl I). I p. 1206).

4.

Regulation on transitional arrangements until the first election of works councils according to the Works Constitution Act of 11 July 1990 (GBl. No 44 p. 715) shall apply until 30 June 1991.

Footnote

Sect. III no. 3 italic print: G deg. by and in accordance with Art. 1 G v. 20.12.1991 I 2321 mWv 1.1.1993
Appendix II. VIII Sachgeb. A Sect. III No 1 (a italic print): § § 115a, 115c to e. by Art. 54 G v. 26.5.1994 I 1014 mWv 1.1.1995 Unofficial table of contents

Annex II Kap VIII C III Annex II, Chapter VIII
Field C-Social work protection
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

The following paragraphs of the Labour Code of the German Democratic Republic of 16 June 1977 (GBl. 185), as last amended by the Law of 22 June 1990 (GBl). I n ° 35 p. 371):

a)

Section 168 (1), (3) and (4) shall apply until 31 December 1992.

b)

§ 168 (2) applies until the entry into force of national regulations on Sundays and holiday rest.

c)

Section 185 shall apply until 31 December 1991.

2.

§ 3 in conjunction with § 1 of the Regulation on special support for families with severely damaged children of 24 April 1986 (GBl). 243) shall be valid until 31 December 1991, in so far as the right to the day of domestic work is regulated.

3.

Regulation on the introduction of public holidays of 16 May 1990 (GBl). 248) is applicable until the entry into force of national regulations on sundays and public holidays.

4.

§ 2 of the Second Implementing Regulation of 8 July 1986 on the Regulation on special support for families with severely damaged children (GBl. 349) shall be valid until 31 December 1991, in so far as the right to the day of domestic work is regulated.

5.

First implementing provision of 7 June 1990 on the Regulation on the introduction of public holidays (GBl). 281) shall apply until the entry into force of national regulations on Sundays and holiday rest.

Unofficial table of contents

Annex II Cape VIII D Annex II, Chapter VIII
Area D-Overlapping Provisions of Social Law

(no content) Unofficial table of contents

Annex II Kap VIII E I Annex II, Chapter VIII
Field E-Labour market policy, employment promotion, unemployment insurance
Section I

The following law of the German Democratic Republic shall continue to apply:

1.

The following orders from the Minister for Labour and Social Affairs of the German Democratic Republic on 1 July 1990 in force on the Employment Promotion Act (AFG) of 22 June 1990 (GBl). No. 36 p. 403) are deemed to be orders within the meaning of Section 191 (3) of the Employment Promotion Act of 25 June 1969 (BGBl. 582), in the area referred to in Article 3 of the Treaty:

a)

Arrangement on the individual promotion of vocational training (A training) (GBl. I n ° 53, p. 1083),

b)

Arrangement on the promotion of vocational training of foreign trainees as well as of learning impaired or socially disadvantaged German apprentices (A FdB) (GBl. I No 53 p. 1095),

c)

Arrangement on the individual promotion of continuing vocational training and retraining (A further training and retraining) (GBl. I No 53, p. 1090),

d)

Arrangement for the promotion of working conditions (FdA arrangement) (GBl. I n ° 53, p. 1098),

e)

Arrangement on the promotion of general measures to obtain employment from labour management (ABM) funds (GBl). I No 53 p. 1115),

f)

Arrangement on measures for job creation for older workers (arrangement according to § 99 AFG) (GBl. N ° 53 p. 1119) and

g)

Arrangement on the procedure for the granting of short-time workers ' money (Kug order) (GBl. N ° 53 p. 1114).

Replaced by the provisions of the Employment Promotion Act (AFG) of 22 June 1990 (GBl), as mentioned in these Regulations. No. 36 p. 403) and the provisions adopted for this purpose shall comply with the relevant provisions of the Labour Promotion Act of 25 June 1969 (BGBl. 582), the orders issued thereto and the First Book of the Social Code. The orders in accordance with the first sentence can be changed and repealed by the Federal Labour Office. The regulations on administrative competence provided for in these arrangements shall be replaced by the regulations provided for in the corresponding arrangements of the Federal Labour Office; until the formation of Landesarbeitsämtern (Landesarbeitsämtern), the Central employment management the tasks of the Landesarbeitsämter (State Labour Office).

2.

The implementing provision of 13 June 1990 on the regulation on the change in the employment rights of foreign citizens, which is employed and qualified on the basis of government agreements in the GDR (GBl. 666), shall be considered as an administrative provision.

3.

Arrangement on the extension of the deadline for the receipt of the short-time allowance of 20 August 1990 (GBl). I n ° 57 p. 1396)

Unofficial table of contents

Annex II Kap VIII E III Annex II, Chapter VIII
Field E-Labour market policy, employment promotion, unemployment insurance
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

The following provisions of the Employment Promotion Act (AFG) of 22 June 1990 (GBl. N ° 36, p. 403):

a)

The following rules shall apply:

aa)

§ 19 (1) sentence 2, § § 68, 69, 72 (3), § 93 (1) sentence 3, § § 155 to 161, 186e sentence 1 and 2, § 249b (4) to 31 December 1990.

bb)

Section 91 (4) sentence 2, § 95 (3) sentence 2, § 163 (2) sentence 2 to 4, § 166 (3) sentence 2.

cc)

§ § 165, 166a to 31 December 1991.

dd)

(no longer apply)

ee)

For periods completed before 1 January 1991 in the territory referred to in Article 3 of the Treaty, the Act of 25 June 1969 (BGBl) shall be replaced by Section 111 of the Employment Promotion Act of 25 June 1969. 582) § 111 of the Employment Promotion Act (AFG) of 22 June 1990 (GBl). I n ° 36, p. 403). Section 249b (2) sentence 3 to 5 of the Employment Promotion Act of 25 June 1969 (BGBl. I p. 582) shall apply accordingly.

b)

The following provisions shall continue to apply in the area referred to in Article 3 of the Agreement, with the following measures:

aa)

Section 40c (4), on the understanding that the Federal Labour Office can determine by order that for training place applicants for the years 1990/91 and 1991/92 training places in institutions without the restriction shall be limited to: Measures to be taken during the first year of training may be promoted; the provisions of the Labour Promotion Act of 25 June 1969 (BGBl) shall be replaced by the provisions of paragraphs 1 and 2 of this provision. 582). The Federal Labour Office may, in the case of an unfavourable situation on the training place market, determine in force at the earliest on 1 September 1992 that the support provided for in the first sentence shall also apply to training place applicants for the training year 1992/93.

bb)

Section 63 (5) with the proviso that the following sentences 7 to 11 are added after sentence 6: " The conditions for the granting of maintenance allowance pursuant to Section 44 (2) of the Employment Promotion Act of 25 June 1969 (BGBl. 582), workers who are entitled to a short-time allowance shall be paid instead of the maintenance allowance for the short-time allowance, which shall be:

1.	in the case of section 68 (4) (1)	73%,
2.	in the case of section 68 (4) (2)	65%

in the case of reduced pay by the statutory deductions. The provisions of § 44 (4) to (6) of the Employment Promotion Act of 25 June 1969 (BGBl. I p. 582) shall apply accordingly. Participants who have been paid short-time allowance in accordance with sentence 7 receive maintenance allowances at least in the amount of the last-related short-time allowance after the termination of the regulation of section 63 (5) to the end of the continuing training measure. The Federal Minister of Labour and Social Affairs, in agreement with the Federal Ministers of Finance and Economic Affairs, may extend the period of validity of Section 63 (5) to 31 December 1991 by means of a legal regulation if this is to prevent Redundancies are required and are required for labour market policy reasons. This regulation does not require the consent of the Federal Council. "

cc)

Section 67 (2) no. 3, in so far as it refers to Section 63 (5), with the proviso that the Federal Minister for Labour and Social Affairs has the reference period in accordance with Section 67 (1) for the cases of Section 63 (5) to 30 June 1991, in the case of an extension of the period of validity of the period of validity of the Section 63 (5) shall be extended until 31 December 1991. This regulation does not require the approval of the Federal Council.

dd)

§ 70 in conjunction with § 118, first sentence, no. 4 and 5 shall apply with the proviso that Section 118, sentences 2 and 3 shall also apply accordingly.

ee)

Until 31 December 1990, Section 155 (2), second sentence, second half-sentence and § 155a shall apply, with the proviso that the fourth week of a blocking period shall be replaced by the fifth week of a blocking period.

ff)

§ 242 shall continue to be applied in the area referred to in Article 3 of the Treaty for entitlement to unemployment benefits arising before 1 January 1992. For claims arising after 31 December 1990, the net average wage shall be replaced by the pay for the unemployment benefit in accordance with Section 111. Sentences 1 and 2 shall apply to the integration allowance, the maintenance allowance, the transitional allowance, the unemployment allowance, the retirement allowance and the short-time allowance and the bad-weather allowance. Entitlement to social surcharge shall be up to 30 June 1995 at the latest.

2.

Regulation on the change in employment relationships with foreign citizens, who are employed and qualified on the basis of government agreements in the GDR; dated 13 June 1990 (GBl. 35 p. 398) shall be applied with the following measures:

a)

In § 2 para. 2, the employee representative of the company shall be replaced by the operating union management (BGL).

b)

In Section 4 (2), the words "and, if this is not possible, of a transfer contract" and in § 4 para. 3 the words "or a transfer contract" as well as the words ", in accordance with the labour law provisions of the German Democratic Republic," is deleted.

c)

Section 6 (2) (d) shall be applied in the following:

" (d)

Unemployment benefits according to the Employment Promotion Act; ".

d)

§ 7 is deleted.

3.

The arrangement on promoting the employment of citizens who are disturbed in their social behaviour on 29 May 1990 (GBl. 364), only persons who have entered into a support measure up to the date of entry into force of the accession shall be encouraged.

4.

The Regulation on financial benefits in the event of premature termination of employment of foreign citizens in enterprises of the GDR of 18 July 1990 (GBl). 813) is subject to the proviso that companies may submit applications for reimbursement or the provision of expenses from the Federal budget to the Federal Ministry of Finance. The Regulation shall expire on the expiry of 31 December 1991.

5.

The Regulation on the granting of early retirement money of 8 February 1990 (GBl). 42) shall apply to workers who, until the date of entry into force of accession, satisfy the conditions laid down in this Regulation, on the understanding that:

a)

the early retirement allowance and the social security contributions to be paid to them in accordance with the rules on unemployment benefit are paid on request by the Federal Labour Office from federal funds,

b)

the pre-retirement allowance is 65% of the average net work charge of the last three months,

c)

the remuneration applicable to the calculation of the net remuneration shall be limited by the remuneration in the unemployment insurance scheme in force in the territory referred to in Article 3 of the Treaty;

d)

§ § 112a, 115 of the Employment Promotion Act of 25 June 1969 (BGBl. 582) should be applied accordingly,

e)

a new fixing of the early retirement allowance under subparagraph (b) shall be maintained until the amount to be determined in accordance with point (b) above exceeds the early retirement allowance last paid before the date of entry into force of the accession.

Footnote

Sect. III n ° 2 (italic pressure): v deg. by § 1 no. 6 G v. 30.1.2002 I 567 mWv 7.2.2002
Sect. III no. 3 (italic pressure): AnO soared. by § 1 No. 7 G v. 30.1.2002 I 567 mWv 7.2.2002
Sect. III n ° 5 (italic pressure): v deg. by § 1 No. 8 G v. 30.1.2002 I 567 mWv 7.2.2002 Unofficial table of contents

Annex II Kap VIII F III Annex II, Chapter VIII
Area F-Social insurance (General provisions)
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

The following provisions apply with the proviso that the appropriations carried over to the Minister for Labour and Social Affairs are to be exercised by the Federal Minister for Labour and Social Affairs, with the implementation by means of a legal regulation with the consent of the Federal Minister for Labour and Social Affairs. The Federal Council shall, to the extent required by the provisions of the Basic Law, be approved.

2.

The following paragraphs of the Law on Social Security-SVG-of 28 June 1990 (GBl. I n ° 38 p. 486), with the following measures:

a)

§ 39 sentence 2 shall remain in force until 31 December 1990.

b)

§ § 7, 10, 13, 18 to 23, 27 para. 1 and 3, § 28 para. 1, § § 29, 40 to 42, 47 para. 1, § § 51, 70, 72, 78, 79 and 80 para. 2 remain in force until 31 December 1991, whereby § 10 is not applicable to the insurance branch health insurance. § 22 must be applied with the proviso that voluntary activities are also insured for the state, in the health service and in the welfare services as well as in a help-benefit company. Section 42 shall apply with the proviso that, as from 1 January 1991, the contribution ceiling shall be 3,000 Deutsche Mark.

c)

§ § 10, 15 to 17, 35 to 38 and 70 shall apply until 31 December 1991 to self-employed artists and publicists, with the sickness insurance benefits, without prejudice to the conditions laid down in Section III, Section III, point 1, of Section III above, already starting from 1. The Fifth Book of the Social Code is valid in January 1991.

d)

§ § 43 to 46 shall remain in force until 31 December 1991 with the proviso that the accident situation for the year 1991 shall be regarded as an advance.

e)

§ § 48 to 50 shall remain in force until the contribution is taken over by the health insurance funds with the following measures:

aa)

Social security contributions, which are to be calculated on the basis of the remuneration or the labour income, shall be made at the latest by the 10. of the month following the month in which the employment or activity with which the remuneration or labour income is obtained has been or is deemed to have been exercised; this shall also apply if, in that month, only deductises on wages or salaries have been paid; or Salary was paid.

bb)

If companies do not pay the social security contributions or do not pay in time, a reminder must be made by the tax offices. Before a reminder is sent to the company, the permission to send the reminder is to be checked. It is necessary to pay an allowance of one per cent of the backward social security contribution, which is rounded off to 100 DM. A sowing surcharge is not collected in case of an abatation of up to 5 days.

3.

The regulation on social security of workers and employees-SVO-of 17 November 1977 (GBl). 373), as last amended by the Regulation on the amendment or repeal of legislation of 28 June 1990 (GBl). 509), with the following measures:

a)

The Regulation, the First Implementing Regulation on the Social Security Insurance Regulation of Workers and Employees-SVO-of 17 November 1977 (GBl). 391) and the second implementing regulation on the social security insurance regulation of workers and employees-SVO-of 7 March 1985 (GBl). 111) shall remain in force until 31 December 1991, unless otherwise specified in subparagraphs (b) to (e).

b)

§ 2 para. 1, § § 3 to 7, 15, 17, 56 (5), § § 60, 61 shall apply with the general proviso that this Regulation shall only apply to the insurance branches of pension and accident insurance.

c)

§ § 62 and 63 shall apply with the proviso that they shall not be applied to persons who, after 31 December 1990, receive such employment.

d)

§ § 1, 4, 5 and 20 of the First Implementing Regulation of 17 November 1977 apply with the general proviso that they are to be applied only for the insurance branches of pension and accident insurance.

e)

Section 1 of the Second Implementing Regulation of 7 March 1985 shall apply with the conditions laid down in (d).

4.

Regulation on social security in the State Insurance of the German Democratic Republic of 9 December 1977 (GBl. 1), as last amended by the Regulation on the amendment or repeal of legislation of 28 June 1990 (GBl). 509), with the following measures:

a)

The Regulation, the first implementing provision for the Social Security Regulation of 9 December 1977 (GBl) of the State Insurance of the German Democratic Republic (GfL). I 1978 No 1 p. 23), as last amended by the Regulation of 28 June 1990 (GBl. 509), and the Second Implementation Regulation on the Social Security Regulation of 7 March 1985 in the case of the State Insurance of the German Democratic Republic (GBl). 113) shall remain in force until 31 December 1991, unless otherwise specified in points (b) to (d) above.

b)

§ § 6 to 31, 76 (5), 80, 81, 90, 91 and 94 shall apply with the general proviso that this Regulation shall apply only to the insurance branches of pension and accident insurance; in the case of independent artists and publicists, this Regulation shall also apply: to the insurance branch of sickness insurance, subject to the proviso that, without prejudice to the conditions laid down in Section III (1) of Section III, the Fifth Book of the Social Code shall apply as from 1 January 1991.

c)

The first implementing provision of 9 December 1977 applies with the proviso that Articles 2 to 32 and 47 shall apply only to the insurance branches of pension and accident insurance; in the case of self-employed artists and publicists, the Implementing provision also applies to the insurance sector sickness insurance.

d)

The second implementing provision of 7 March 1985 shall apply with the proviso that § § 2 to 4 shall apply only to the insurance branches of pension and accident insurance; in the case of self-employed artists and publicists, the implementing provision shall also apply: for the insurance branch health insurance.

5.

Regulation on the social security insurance of doctors, dentists, veterinarians and professionals active in the field of culture and the arts of 9 December 1977 (special print of the Law Gazette No 942), as last amended by the Regulation on the amendment or repeal of legislation of 28 June 1990 (GBl. 509), with the following measures:

a)

The Regulation and the First Regulation implementing the Regulation on the social security insurance of doctors, dentists, veterinary surgeons and professionals working in the field of professional life, of 9 December 1977, remain in place until the end of the year. shall enter into force on 31 December 1991, unless otherwise specified in subparagraphs (b) and (c).

b)

§ § 1 to 5, 7, 10, 20 para. 5 and 7, § § 27 to 29 apply with the general proviso that this Regulation shall apply only to the insurance branches of pension and accident insurance; in the case of independent artists and publicists this Regulation shall also apply to the insurance branch of sickness insurance, subject to the proviso that, without prejudice to the conditions laid down in Section III (1) of Section III, the Fifth Book of the Social Code shall apply as from 1 January 1991.

c)

The first implementing provision of 9 December 1977 shall apply with the proviso that Articles 1 to 8, 10, 11 and 18 shall apply only to the insurance branches of pension and accident insurance; in the case of self-employed artists and publicists, the Implementing provision also applies to the insurance sector sickness insurance.

6.

Regulation on the granting and calculation of pensions of the Social Insurance Insurance-Pension Regulation-of 23 November 1979 (GBl). 401), as last amended by the Regulation on the amendment or repeal of legislation of 28 June 1990 (GBl). 509), including the agreements concluded for this purpose on pensions between the Ministry of Labour and Social Affairs and the Churches, and the First Regulation implementing the Pensions Regulation of 23 November 1979 (GBl). I n ° 43 p. 413; Ber. GBl. 88), as last amended by the Regulation on the amendment or repeal of legislation of 28 June 1990 (GBl). 509), with the following measures:

a)

The Regulation, including the agreements referred to above and the first implementing provision, shall remain in force until 31 December 1991, unless otherwise indicated in point (b).

b)

It will

aa)

in the calculation of pensions, periods not taken into account by another insurance institution in the territory in which the Basic Law has already been awarded before the date of entry into effect of the accession, or of a foreign insurance institution in the case of a pension are to be set off,

bb)

Pension amounts paid in addition to calculated pensions are credited to pensions paid by another insurance institution in the territory in which the Basic Law has already been granted before the date of entry into effect of the accession, or a foreign country Insurance institutions will be provided.

7.

The following paragraphs of the Second Regulation on the Granting and Calculation of Pensions of Social Insurance-Second Pension Regulation-of 26 July 1984 (GBl). 281), with the following measures:

a)

§ § 4, 12 to 14 shall remain in force until 31 December 1991.

b)

For the purposes of point (a), the first implementing provision shall apply to the second pension regulation of 8 April 1985 (GBl). I No 10 p. 115).

8.

Law on the approximation of the pensions of the Federal Republic of Germany to the level of net income of the Federal Republic of Germany and to other statutory provisions-Pension Act of the Federal Republic of Germany-of 28 June 1990 (GBl). 495), including the provisions adopted on the basis of Section 29 for the transfer of the additional supply system with the following measures:

a)

Benefits according to § 18 are granted only for new arrivings until 31 December 1991 and are paid at the latest until 30 June 1995.

b)

Section 32 (2) is applied with effect from 1 July 1990: ' This does not apply if, before 31 December 1950, a marriage was not possible due to a lack of official documents or for other important reasons, or if a similar Community was found to have been insisted and the marriage was only closed after that date. Was the return from emigration or emigration, respectively. the dismissal from the internment, detention or prisoner of war after 31 December 1945 shall take place on 31 December 1950 the expiry of five years after the date of return. The cessation of the payment of survivors ' pensions has no effect on the payment of pensions of social security already fixed. "

c)

The agreements reached between the Secretariat of State for Work and Wages in the Council of Ministers of the German Democratic Republic and

-

The Federal Government of the Evangelical Churches in the German Democratic Republic on the pension provision for workers of the Evangelical Churches and their survivors of 28 March 1980,

-

The Evangelical Lutheran Church and the Evangelical Lutheran Church (Old Lutheran) Church on the Pension Supply for Life-Time Employees of the Self-employed Evangelical Lutheran Churches in the GDR and their Survivors of 9 January 1985,

-

the Federation of Protestant Churches in the German Democratic Republic on the pension provision of the deaconesses of the Protestant mother-houses and the Diakoniewerke in the German Democratic Republic of 1 March 1985,

-

The Community of Seventh-day Adventists on the pension provision for life-time employees of the Community of Seventh-day Adventists and their survivors of 8 January 1985,

-

The Evangelical Methodist Church of the German Democratic Republic on the pension provision for life-time employees of the Evangelical Methodist Church in the German Democratic Republic and its survivor's 13 May 1986

Beneficiaries shall be subject to the scope of the agreement in question and, as from the date on which they are entitled, as beneficiaries or insured persons of the social security insurance scheme and of the Voluntary Supplementary Pension Insurance, insofar as they are have also concluded a supplementary agreement with the Ministry of Labour and Social Affairs of the Council of Ministers of the German Democratic Republic.

d)

The pension adjustments are made by the Federal Government with the consent of the Federal Council.

e)

Article 27 (1) shall be defined as follows: " Claims and claims arising from additional supply systems may be shortened or cancelled if the person entitled or the person from which the authorization is derived is contrary to the principles of the Humanity, or the rule of law, or has seriously abused its position for its own benefit or to the detriment of others. "

f)

§ 32 shall be added to the following paragraph 3: " (3) Honorary pensions may be reduced or revoked in the event of the existence of the conditions pursuant to § 27 (1). The decision shall be taken by the Commission pursuant to Article 27 (2). "

9.

Regulation implementing the Law on Social Security of 15 August 1990 (GBl. No 53 p. 1075), with the following proviso: the Regulation shall remain in force until the contribution is taken over by the health insurance funds.

10.

Unless otherwise specified, the laws, regulations and implementing rules referred to in points 2 to 9 shall continue to apply in full until 31 December 1990. This shall not apply in so far as, in accordance with Annex I, provisions which enter into force before 1 January 1991 have been transferred.

Footnote

Sect. III no. 3 (italic pressure): v deg. by § 1 No. 9 G v. 30.1.2002 I 567 mWv 7.2.2002
Sect. III n ° 4 (italic pressure): v deg. duch § 1 No. 10 G v. 30.1.2002 I 567 mWv 7.2.2002 Unofficial table of contents

Annex II Kap VIII G III Annex II, Chapter VIII
Subject G-Health insurance, Health care
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Section 71 (c) of the Law on Social Security of 28 June 1990 (GBl. 486) and the provisions relating to the granting of such benefit by sickness funds shall apply until 30 June 1991.

2.

§ 83 of the Social Insurance Act-SVG-of 28 June 1990 (GBl. No 38 p. 486) shall apply until 30 June 1991.

3.

The provisions of § § 19 and 20 of the law on the contractual relations of health insurance to the service providers-health insurance contract law-of 13 September 1990 (GBl). No 61 p. ...) on non-refundable medicinal products and on the fixed amounts for medicinal products shall be valid until 31 December 1993. § 15 shall apply until 31 December 1991.

Unofficial table of contents

Annex II Kap VIII H III Annex II, Chapter VIII
Area H-statutory pension insurance
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Regulation on the Voluntary Supplementary Pension Insurance of the Social Insurance-FZR-Regulation-of 17 November 1977 (GBl. 395), as last amended by the Regulation on the amendment or repeal of legislation of 28 June 1990 (GBl. 509), with the following measures:

a)

The Regulation and Articles 13, 14, 16, 17 and 20 of the First Implementing Regulation to the Regulation on the Voluntary Supplementary Pension Insurance of the Social Security-FZR Regulation of 17 November 1977 (GBl). 35 p. 400) shall be applied until 31 December 1991.

b)

The conditions shall apply in the case of Section III, Section III, point (1).

2.

The following paragraphs of the Regulation on the obligations and rights of the Railway-Railway Regulation-of 28 March 1973 (GBl. 217) and the pension scheme of the Deutsche Reichsbahn (annex 11 to the framework collective agreement for the employees of the Deutsche Reichsbahn of 20 April 1960, as last amended by 53). Supplement of 26 April 1989) with the following measures:

a)

§ § 11 to 15 of the Regulation and the pension scheme shall be applied until 31 December 1991.

b)

The conditions shall apply in the case of Section III, Section III, point (1).

3.

The following paragraphs of the Regulation on the obligations and rights of employees of the Deutsche Post-Post-Dienst-Regulation (PDVO)-dated 28 March 1973 (GBl. 222) and the German Post's pension scheme of 31 May 1973, as last amended by the instructions of the Minister of Postal and Telecommunications of 16 May 1988, with the following measures:

a)

§ § 16 to 20 of the Regulation and the pension scheme are to be applied until 31 December 1991.

b)

The conditions shall apply in the case of Section III, Section III, point (1).

4.

Arrangement on the introduction of a supplementary pension scheme for workers and employees in the most important fully-owned enterprises of 9 March 1954 (GBl. 301), with the following measures:

a)

The arrangement shall be applicable until 31 December 1991.

b)

The order may, for the period up to 31 December 1991, be deviated by collective agreement or by operating agreement.

c)

The conditions shall apply in the case of Section III, Section III, point (1).

5.

Arrangement on honorary pensions for fighters against fascism and for persecuted fascism and for their survivors of 20 September 1976, as last amended by the Law on the Equality of Pensions of 28 June 1990 (GBl). I n ° 38 p. 495), with the following measures:

a)

The arrangement shall be applicable until 31 December 1991. The services provided at this point in time to the beneficiaries and the resulting benefits in the case of survivors shall be further paid.

b)

(repealed)

6.

Arrangement on the granting of a professional allowance to ballet members in state institutions of June 1983with the following measures:

a)

The arrangement shall be applicable until 31 December 1991.

b)

The order may, for the period up to 31 December 1991, be deviated by collective agreement or by operating agreement.

7.

The following paragraphs of the Regulation on voluntary and supplementary insurance in the social security scheme of 28 January 1947with the following measures:

a)

§ § 1 and 7 shall remain in force;

b)

from 1 January 1991, a contribution rate of 18.7 of the hundred and as a minimum contribution basis shall be one seventh of the reference quantity in force in the territory referred to in Article 3 of the Treaty;

c)

in the case of the application of point (a), § § 2 and 7 of the Regulation of 25 June 1953 on the re-regulation of voluntary insurance in social security (GBl. 823) and § § 2, 3 and 10 of the First Implementing Regulation adopted on 6 July 1953 (GBl). N ° 86, p. 865).

8.

Regulation on voluntary insurance for supplementary pensions in the social security scheme of 15 March 1968 (GBl. (154), with the following measures:

a)

An existing insurance policy can be continued.

b)

The first implementing measure of 15 March 1968 (GBl) is the application of the Regulation. 161) and Article 39 (2) of the Regulation of 17 November 1977 on the Voluntary Supplementary Pension Insurance of the Social Security-FZR Regulation-(GBl. 35 p. 395).

9.

Regulations for special and supplementary supply systems (supply systems) with the following measures:

a)

The supply systems which have not yet been closed shall be closed by 31 December 1991; new relations shall be of 3. It was no longer admissible in October 1990. Until such time as the closure has been closed, the insurance and financial provisions of the respective supply systems shall continue to be applied, unless otherwise provided by this Treaty. They shall be adapted to the general rules of social security in the territory referred to in Article 3 of the Treaty.

b)

The acquired rights and entitlements to benefits due to reduced earning capacity, age and death are to be transferred to the pension insurance scheme until 31 December 1991, insofar as this has not yet been done. Until such time as they have been transferred, the performance regulations of the respective supply systems shall continue to be applied insofar as nothing else results from this contract, in particular the subsequent regulations. claims and claims, even if they have already been transferred or the respective supply system has already been closed,

1.

according to the nature, reason and scope of the claims and entitlements in accordance with the general social security schemes in the territory referred to in Article 3 of the Treaty, taking into account the respective contribution payments, with the following: to abolic unwarranted benefits and to reduce excessive performance, and to prevent any comparable claims and entitlements from other public service systems, and

2.

in addition, if the person entitled or the person from which the authorisation is derived infringes the principles of humanity or the rule of law or, to a serious extent, their position on their own Advantage or to the disadvantage of others has abused.

For people who are on the 3. In the case of the adjustment provided for in the first sentence of 3 October 1990, the amount of the amount to be paid out of the social security scheme and the pension scheme for July 1990 shall not be less than the amount of the amount to be paid. For people who are in the age of 4. In the case of the adjustment provided for in the first sentence of 3 October 1990 to 30 June 1995, the amount of the payment shall not be less than the amount to be paid in July 1990 from the social security system and the pension scheme if the amount of the payment is to be paid in accordance with the conditions laid down in the first sentence of the The case would have occurred on 1 July 1990.

c)

The pension schemes will be continued until the transfer of the acquired rights and entitlements into the pension insurance scheme. In accordance with Article 13 of the Treaty (function successor), the respective functional successor is responsible. The successor of the function shall be responsible for closing the supply systems which have not yet been closed and for carrying out the transfer of the acquired rights and entitlements to the pension insurance.

d)

In so far as the revenue and the economically valuable assets of the pension schemes are not sufficient to cover expenditure incurred prior to the transfer of the acquired rights and entitlements to the pension insurance scheme, the The necessary means are applied by the respective successor of the respective function. The additional expenses incurred by the pension insurance through the transfer of the acquired rights and entitlements will be reimbursed by the Federal Government. The expenses incurred by the Federal Government in accordance with the second sentence shall be reimbursed by the other successor functions to the Federal Government, insofar as this is not the successor to the function itself. To the extent that it is not possible to allocate expenses to individual successor functions, the refund shall be reimbursed proportionally by the countries referred to in Article 1 of the Treaty, according to their number of inhabitants.

e)

The pension schemes provided for in the pension schemes on the basis of early dismissal on reaching specific age limits or periods of service (extended supply, transitional pension or comparable benefits) shall not enter into force on 31 December 1990. Only persons who are entitled to such benefits shall be entitled to such benefits. (b) Sentences 2 and 3 shall apply in accordance with the conditions laid down in the second and third sentences of October 1990. The pension benefits shall be paid out from the pension insurance scheme after transfer of the entitlements and entitlements referred to in the first sentence of point (b) as soon as the measures referred to in the third sentence of point (b) have been implemented. The additional expenses, including the administrative costs, incurred by the pension insurance scheme shall be reimbursed by the Federal Government; (d) Sentences 3 and 4 shall apply accordingly.

f)

The Federal Government is empowered to determine, with the consent of the Federal Council, the details of the measures referred to in points (a) to (e) by means of a legal regulation.

Unofficial table of contents

Annex II Kap VIII I III Annex II, Chapter VIII
Area I-Legal accident insurance
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

The Regulation on the extension of insurance cover in the event of accidents in the exercise of social, cultural or sporting activities of 11 April 1973 (GBl). 199), as last amended by the Notice of 20 September 1977 (GBl). 346), it shall remain in force until 31 December 1991, with the proviso that the extended insurance cover shall be restricted to the activities referred to in Article 2.

2.

The Eighth Implementing provision of 2 January 1957 on the regulation on social security cover-covering the burden of accidents at work and occupational diseases-(GBl) I n ° 3 p. 21; Ber. GBl. 88), as last amended by the Ninth Implementing Provisions of 14 January 1958 (GBl). 82), shall remain in force until 31 December 1991.

3.

Section 24 of the Act of 9 December 1977 laying down the first implementing provisions relating to the Social Security Regulation of the State Insurance of the German Democratic Republic of 9 December 1977 (GBl. 1 p. 23), as last amended by Regulation of 28 June 1990 (GBl. 509), shall remain in force until 31 December 1991.

4.

§ § 220 and 221 of the Labour Code of the German Democratic Republic of 16 June 1977 (GBl. 185), as last amended by the Law of 22 June 1990 (GBl). 35 p. 371), remain in force until 31 December 1991.

5.

The Regulation on the Prevention, Reporting and Evaluation of Occupational Diseases of 26 February 1981 (GBl). 137) and the First Regulation implementing the Regulation on the Prevention, Reporting and Evaluation of Occupational Diseases-List of Occupational Diseases-of 21 April 1981 (GBl. I n ° 12 p. 139; Ber. GBl. I n ° 25 p. 312) shall remain in force until 31 December 1991.

Unofficial table of contents

Annex II Kap IX Annex II, Chapter IX
Division of the Federal Minister of Defence

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1217) see chapter XIX
Public service law, including the law of the soldiers Unofficial table of contents

Annex II Kap X Annex II, Chapter X
Division of the Federal Minister for Youth, Family, Women and Health

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1218-1221) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification II Cape X)-All documents relating to Chapter X of Annex II shall be issued,

b)

subject-related (e.g. B. Unification II Cape X h)-All documents relating to the subject area H of Chapter X of Annex II shall be issued,

c)

section-related (e.g. B. Unification II Cape X h III)-The document is issued in section III of Section III of Chapter X of Annex II,

Unofficial table of contents

Annex II Kap X A III Annex II, Chapter X
Objective A-Women's policy
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

§ 242, 243 para. 1, § § 248 and 249 of the Labour Code of the German Democratic Republic of 16 June 1977 (GBl. 185), as last amended by the Law amending and supplementing the Labour Code of 22 June 1990 (GBl). 35 p. 371), with the following proviso: these provisions shall apply until 31 December 1990.

2.

§ 24 of the Law on Social Security-SVG-of 28 June 1990 (GBl. I n ° 38 p. 486), subject to the conditions laid down in point 1.

3.

Occupational safety and health system-Occupational safety and health protection for women and young people-of 9 August 1973 (GBl. 465), in so far as it concerns pregnant women and breast-feeding, with the proviso that they are as in point 1.

4.

§ § 244, 245 of the Labour Code of the German Democratic Republic of 16 June 1977 (GBl. 185), as last amended by the Law amending and supplementing the Labour Code of 22 June 1990 (GBl). 35 p. 371), with the following measures:

a)

The provisions remain in force until 31 December 1990 and shall apply beyond that date only for births before 1 January 1991.

b)

The average wage and net average earnings are calculated in accordance with the Regulation on the calculation of average earnings and on the payroll payment of 21 December 1961 (GBl. II No 83 p. 551; Ber. GBl. II 1962 No 2 p. 11), as last amended by the Regulation of 25 March 1982 (GBl). 253), as well as Articles 69 to 75 of the Ordinances on the Social Security Insurance of Workers and Employees-SVO-of 17 November 1977 (GBl. 35 p. 373).

5.

Section 25 (1) (b), Section 71 (b) of the Social Security Act-SVG-of 28 June 1990 (GBl. I n ° 38 p. 486) with the measures as in point 4.

6.

§ § 44 and 45 of the Ordinances on Social Compulsory Insurance of Workers and Employees-SVO-of 17 November 1977 (GBl. 373), as amended by the Regulation on the amendment or repeal of legislation of 28 June 1990 (GBl). 509), with the measures as in point 4.

7.

Section 15 of the First Regulation of the Regulation on the Social Security Insurance of Workers and Employees-SVO-of 17 November 1977 (GBl). 391), as amended by the Regulation on the amendment or repeal of legislation of 28 June 1990 (GBl). 509), with the measures as in point 4.

8.

§ § 63 to 65 of the Social Security Regulation of the State Insurance of the German Democratic Republic of 9 December 1977 (GBl. 1), as amended by the Regulation on the amendment or repeal of legislation of 28 June 1990 (GBl. 509), with the measures as in point 4.

9.

Section 42 of the First Implementing Regulation of the Social Security Regulation of the State Insurance of the German Democratic Republic of 9 December 1977 (GBl). 23), as amended by the Regulation on the amendment or repeal of legislation of 28 June 1990 (GBl). 509), with the measures as in point 4.

10.

Section 2 (2) of the Law on the Protection of Mother and Child Protection and the Rights of the Woman of 27 September 1950 (GBl. 111 p. 1037), as amended by the amending act of 28 May 1958 (GBl. 416), with the following proviso: this provision shall remain in force until 31 December 1990 and shall continue to apply only to births beyond that date before 1 January 1991.

11.

First implementing provision on the Law on the Protection of Mother and Child and the Rights of Women-Exhibition of expatriates for pregnant women and women who have recently given birth-of 10 February 1953 (GBl. 390), subject to the conditions laid down in point 10.

12.

Second implementation provision on the Law on the Protection of Mother and Child and the Rights of Women-Exhibition of expatriates for pregnant women and women who have recently given birth-of 1 March 1954 (GBl. 233), subject to the conditions laid down in paragraph 10.

Unofficial table of contents

Annex II Kap X B I Annex II, Chapter X
Area B-Youth
Section I

The following law of the German Democratic Republic shall remain in force:

1.

Arrangement of 20 July 1990 on the establishment of the "Democratic Youth Foundation" (GBl). I n ° 60 p. 1473).

2.

First implementing provision of 5 January 1966 on the regulation on the obligations and rights of teachers and educators-the working order for pedagogical forces of the Volksbildung-care and supervisory system-(GBl. 5 p. 19).

3.

§ 2 of the Fourth Implementing Determination Act of 20 December 1968 on the Law on the Single Socialist Education System-Education and Education in the bilingual territory of the districts of Cottbus and Dresden-(GBl. II 1969 No 3 p. 33).

4.

Regulation of 16 December 2008 October 1975 on the feeding of pupils and children and their implementing rules.

Unofficial table of contents

Annex II Kap X B III Annex II, Chapter X
Area B-Youth
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:
§ § 3 to 5 of the Sixth Implementing Regulation of 29 December 1981 on the German Youth Aid Regulation (GBl). 141), as amended by the Eighth Implementing provision of 17 December 1984 of the Youth Aid Regulation (GBl). I 1985 No 1 p. 6)
with the following conditions:
The amounts of care money referred to therein shall be considered as minimum amounts. Unofficial table of contents

Annex II Kap X D III Annex II, Chapter X
Area D-Health policy
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Arrangement via the Central addiction office at the Ministry of Public Health of 28 January 1974 (GBl. 149) pending the transfer or liquidate of the Central Addiction Centre pursuant to Article 13 (2) sentence 2.

2.

Section 11 (3), § 15 (4) sentence 5, § 16 (1), (2) sentence 4 and (3) sentence 2 of the First Implementing Determination to the Law on Narcotic Drugs-Substances, permissions, surrender and subscription rights, import, export and transit-of 28 January 1974 (GBl. 149) until the expiry of three years after the date of accession.

3.

§ 4 (1) and (2) of the Second Implementing Regulation to the Law on Narcotic Drugs-Prescription and Tax Regulations-of 28 January 1974 (GBl. 157), as last amended by the Sixth Implementing Provisions on the Law on Narcotic Drugs-Supplement to the Addictive Resources Register, other provisions on prescription, dispensing, import and export-of 27 April 1989 (GBl). No 12 p. 172), until 30 June 1991, § 4 (3) sentence 1 and 2 of this implementing provision until 31 December 1991, § 4 (3) sentence 3, § 8, § 10 (2) sentence 5 and section 17 (3) of this implementing provision by the expiry of three years after The effectiveness of accession and Article 10 (1) of this implementing provision shall be effective until such time as revocation.

4.

§ 4 (2), § 8 (2) sentence 3, § 9 sentence 3, § 15 para. 2 sentence 2 and subsection 3 sentence 3, § 16 para. 3 sentence 3 and subsection 4 sentence 2, § 21 para. 1 sentence 2 and para. 3 sentence 2 of the third implementing provision for the law on addictive resources law-retention, verification, Reporting, Control-dated 28 January 1974 (GBl. 161), until the expiry of three years after the date of accession.

5.

§ § 1 and 3 in conjunction with Annex 1, Part II, A (b), points 4 to 6 of the Fifth Implementing Determination to the Law on Narcotic Drugs-Recast of the Addictive Resources Register, other provisions on prescription, dispensing, import and export of 21 January 1983 (GBl. 69), as last amended by the Sixth Implementing Provisions for the Law on Narcotic Drugs-Supplement to the Addictive Resources Register, other provisions on prescription, dispensing, import and export-of 27 April 1989 (GBl. No 12 p. 172), with the following proviso: the preparations listed therein may be prescribed in the territory referred to in Article 3 of the Treaty until 31 December 1991, as has been the case so far and shall be delivered by the pharmacies.

6.

Arrangement on extended material support for citizens in the event of health damage resulting from medical measures taken on 28 January 1987 (GBl. 34) with the following measures: it shall continue to apply for damage resulting from medical measures carried out before the date of entry into force of the accession. Compensation benefits granted as long-term benefits shall be further granted. The payment of the compensation benefits is carried out by the competent national authorities.

7.

Joint statement of the Minister of Health and the Minister of Higher Education and the Universities of Applied Sciences for the implementation of the pre-practical training before the start of the medical or medical school. Stomatology studies of 12 September 1983 (author. Mitt. No 7 p. 57), but only in so far as it concerns persons who, at the time of the date of entry into force of the accession, make the pre-practical training.

8.

Instruction for the implementation of the Clinical Internship in the 6. Year of medical school (Health Care) at medical higher education institutions and public health institutions of 10 September 1976 (author). Mitt. MfGE 1977 No. 1. 1) in the version of the amendment of 30 June 1977 (author). Mitt. 1 p. 6) with the proviso: § § 6 to 8 shall apply until 31 December 1990.

Footnote

Sect. III no. 1 (italic pressure): AnO opened. by § 1 No. 11 G v. 30.1.2002 I 567 mWv 7.2.2002
Sect. III no. 3 (italic pressure): guided rules d. Implementation provision shall be established. by § 1 No. 12 G v. 30.1.2002 I 567 mWv 7.2.2002
Sect. III no. 7 (italic pressure): Joint instruction set up. by § 1 No. 13 G v. 30.1.2002 I 567 mWv 7.2.2002
Sect. III no. 8 (italic pressure): instruction set up. by § 1 No. 14 G v. 30.1.2002 I 567 mWv 7.2.2002 Unofficial table of contents

Annex II Kap X H I Annex II, Chapter X
Area H-Family and social affairs
Section I

The following law of the German Democratic Republic shall remain in force:
Maintenance Ordinance of 19 May 1988 (GBl. 129), as amended by the Second Maintenance Assurance Regulation of 31 August 1990 (GBl. I n ° 59, p. 1432).

Footnote

Sect. I (italic pressure): v deg. by § 1 No. 15 G v. 30.1.2002 I 567 mWv 7.2.2002 Unofficial table of contents

Annex II Kap X H III Annex II, Chapter X
Area H-Family and social affairs
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Section 246 of the Labour Code of the German Democratic Republic of 16 June 1977 (GBl. 185), as last amended by the Law amending and supplementing the Labour Code of 22 June 1990 (GBl). 35 p. 371), with the following measures:

a)

As from 1 January 1991, the rules shall apply only to children born before 1 January 1991.

b)

They shall apply until 31 December 1993.

c)

The average wage and net average earnings are calculated in accordance with the Regulation on the calculation of average earnings and on the payroll payment of 21 December 1961 (GBl. II No 83 p. 551; Ber. GBl. II 1962 No 2 p. 11), as last amended by the Regulation of 25 March 1982 (GBl). 253), as well as Articles 69 to 75 of the Ordinances on the Social Security Insurance of Workers and Employees-SVO-of 17 November 1977 (GBl. 373) as amended by the Regulation on the amendment or repeal of legislation of 28 June 1990 (GBl). I n ° 38 p. 509).

2.

§ § 26, 46 to 55 of the Ordinances on the Social Compulsory Insurance of Workers and Employees-SVO-of 17 November 1977 (GBl. 373), as amended by the Regulation on the amendment or repeal of legislation of 28 June 1990 (GBl). 509), with the measures referred to in paragraph 1.

3.

§ § 45, 66 to 73 of the Social Security Regulation of the State Insurance of the German Democratic Republic of 9 December 1977 (GBl). 1), as amended by the Regulation on the amendment or repeal of legislation of 28 June 1990 (GBl. 509), with the measures referred to in paragraph 1.

4.

§ § 1 to 3 of the Regulation on the improvement of benefits after the birth of the third and every other child and for married working mothers with three and more children in care of sick children of 24 May 1984 (GBl. 193), with the measures referred to in paragraph 1.

5.

§ § 1 to 6a and § 11 of the Ordination on the Further Improvement of the Working and Living Conditions of Families with Children of 24 April 1986 (GBl. No 15 p. 241), as last amended by Article 11 of the Regulation of 28 June 1990 on the amendment or repeal of legislation (GBl). 509), with the measures referred to in paragraph 1.

6.

Regulation on the increase of the state aid for births and the extension of the weekly leave of 10 May 1972 (GBl. 314), with the measures referred to in point 1.

7.

Section 25 (2), subsection 3, sentence 1b, sentence 2, § 71e of the Social Security Act-SVG-of 28 June 1990 (GBl. 486), with the measures referred to in paragraph 1.

8.

§ § 6 to 8 of the Regulation on special support for families with severely damaged children of 24 April 1986 (GBl. 243), with the following proviso: they shall apply until 31 December 1990.

9.

Section 71 (f) and (g) of the Social Insurance Act (SVG) of 28 June 1990 (GBl). 486), with the following proviso: they shall apply until 31 December 1990.

10.

Social Welfare Ordinance of 23 November 1979 (GBl. 43 p. 422), as last amended by the Social Assistance Act of 21 June 1990 (GBl). 392), with the following proviso: they shall apply until 31 December 1990.

11.

Law on the entitlement to social welfare-social assistance law-of 21 June 1990 (GBl. 35 p. 392), with the conditions referred to in paragraph 10.

12.

First implementing provision on the Social Welfare Act-Social Assistance Act of 21 June 1990 (GBl). No 41 p. 624) with the conditions referred to in paragraph 10.

13.

Second implementation provision on the Social Welfare Act-Social Assistance Act of 21 June 1990 (GBl). No 41 p. 624) with the conditions referred to in paragraph 10.

14.

Third implementation provision on the Social Welfare Act-Social Assistance Act of 21 June 1990 (GBl). No 41 p. 624) with the conditions referred to in paragraph 10.

15.

§ 12 of the Ordinance on the Cemetery of 17 April 1980 (GBl. 159), with the following conditions: it shall apply until 31 December 1994.

16.

§ 6 (1) and § 19 (2) of the Ordination on Public and Nursing Homes of 1 March 1978 (GBl. 125) with the following conditions: they shall apply until 31 December 1990.

17.

Directive of 19 June 1990 of the Minister of Health and the acting Director of the Administration of Social Security for the financing of inpatient and outpatient health care institutions, with the following conditions: 31 December 1990.

Unofficial table of contents

Annex II Kap XI Annex II, Chapter XI
Division of the Federal Minister of Transport

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1222-1225) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification II Cape XI)-All documents relating to Chapter XI of Annex II shall be issued,

b)

subject-related (e.g. B. Unification II Cape XI e)-The document shall be issued on the subject E of Chapter XI of Annex II,

c)

section-related (e.g. B. Unification II Cape XI E III)-The document shall be issued in section III of Section E of Chapter XI of Annex II,

Unofficial table of contents

Annex II Kap XI A III Annex II, Chapter XI
Area A-Rail transport
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Ordinance of 22 January 1976 on the State Railway Supervision-Railway Supervision Regulation (BAVO)-(GBl. 33), with the following conditions: the countries referred to in Article 1 of the Treaty shall be responsible for lifting or amending them.

2.

Arrangement of 13 May 1982 relating to the construction and operation of connecting trains-Construction and operating systems for connecting tracks (BOA)-(Special pressure No 1080 of the Official Journal) with the following conditions: For a repeal or amendment, the provisions of Article 1 of the Treaty shall be amended. said countries.

3.

Construction and Operating Regulations for Pioneer Railways (BOP) of 15 February 1979 (Special Pressure No 1/1979 of the MBl. SB) shall be subject to the following conditions: the countries referred to in Article 1 of the Treaty shall be responsible for repealing or amending them.

4.

Arrangement of 5 January 1979 on the determination of the quality of products for the Deutsche Reichsbahn and for the railways subject to the State Railways Supervisory Authority (GBl. 54), with the following conditions: the Federal Minister for Transport is authorized to waive the order.

5.

Occupational safety arrangement 351/2 of November 20, 1969-Deutsche Reichsbahn-(Special print No. 652 of the Official Journal) with the following conditions: The Federal Minister of Transport is authorized to lift the order.

6.

Occupational safety arrangement 352/1 of 6 January 1965-Railways which are not managed by the Deutsche Reichsbahn-(GBl. 108), with the following proviso: the countries referred to in Article 1 of the Treaty shall be responsible for lifting or amending the provisions of Article 1 of the Treaty.

7.

Arrangement of 4 July 1974 on the regulations of the legal relations between the Deutsche Reichsbahn and the connecting railways-General Conditions for Connection Railways (ABA)-(GBl. 38 p. 357), as last amended by Order No 2 of 7 August 1984 (GBl. 290), with the following proviso: the Federal Minister for Transport is authorized to lift the order.

8.

Railways-Construction and Operating Regulations (BO) of 17 July 1928 (RGBl. II No 37 p. 541), as last amended by the Regulation of 23 July 1943 (RGBl. 361), in so far as their continuation is carried out by the provisions of § 3 of the Railway-Construction and Operating Regulations of 8 May 1967 (BGBl. II p. 1563), as last amended by the Regulation of 18 December 1981 (BGBl. 1490), mentioned above (cf. Annex I, Chapter XI, Section A, Section III, No 6a).

9.

Regulation of 25 June 1943 on the railway construction and operating regulations for narrow-gauge railways (RGBl. 285), in so far as their continuation is carried out by the provisions of Section 3 of the railway construction and operating rules for narrow-gauge railways of 25 February 1972 (BGBl. 269), as amended by the Regulation of 21 November 1983 (BGBl). 1382), have been authorised (cf. Annex I, Chapter XI, Section A, Section III, point 7).

10.

Arrangement of 9 March 1949 concerning the takeover of the operation by the German Economic Commission-Directorate-General of the German Economic Commission-Directorate-General of the German Economic Commission (Zentralverordinsheet, Part I, No. 23 p. 183), with the The Federal Minister of Transport is authorized to lift the order.

Unofficial table of contents

Annex II Kap XI B III Annex II, Chapter XI
Area B-Road transport
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

§ 4 (2), § 14 (1) (1), § 45 (1) No. 4, § 70 (1) and (3), § 71 of the Regulation of 20 June 1990 on the carriage of goods by road (GüKVO) (GBl). I n ° 40 p. 580) with the following measures:

a)

§ 4 (2), Section 14 (1) (1), § 45 (1) (4) shall apply until 31 December 1992.

b)

Section 70 (1) and (3) shall replace the 31. October 1990, 31 December 1990.

c)

In section 70 (1) sentence 3, the words "until 31 July 1990" shall be deleted.

d)

Section 71 replaces 30 September 1990 and 31 December 1990.

2.

Determination of the implementation of Article 10 (1) of the Regulation on the carriage of goods by road of 16 August 1990 (TVA No 24 of 30 August 1990) with the following conditions: The Federal Minister for Transport is authorized to do so by means of a legal regulation without the consent of the Federal Minister for Transport and Tourism. The Federal Council of Germany until a redetermination of the maximum figures pursuant to § 9 (1) of the German Goods Transport Act as amended by the notice of 10 March 1983 (BGBl. 256), as last amended by the Law of 28 June 1990 (BGBl). 1221), to set provisional maximum levels for the area referred to in Article 3 of the Treaty, taking into account the public transport needs and the road safety.

3.

Section 11 (2) as well as the provisions of § 2 (g), § § 7 and 11 relating to occasional services, including taxing and car rental, of the Ordinance of 20 June 1990 on commercial passenger transport (PBefVO) (GBl. No 40 p. 574), subject to the following conditions: they shall apply until 31 December 1992.

4.

Street Traffic Order-StVO-May 26, 1977 (GBl. 257), as last amended by the Fifth Regulation of 9 September 1986 (GBl). N ° 31 p. 417), with the following measures:

a)

The Regulation shall continue to apply until 31 December 1990.

b)

Section 7 (2) in conjunction with Section 47 (1) to (3) shall continue to apply on 31 December 1990.

c)

Section 12 (2) (b) applies to the provisions of Section 3 (3) (2) (a) and (c) of the Road Traffic Order of 16 November 1970 (BGBl. I p. 1565, 1971 p. 38), as last amended by the Regulation of 9 November 1989 (BGBl. 1976), designated motor vehicles until 31 December 1992.

d)

Section 12 (2) (c) applies to passenger cars and to other motor vehicles with a permissible gross vehicle weight of up to 2.8 tonnes until 31 December 1991.

e)

The traffic signs of Appendix 2 Pictures 215 (prohibition of turning), 419 (not valid for pictured vehicle type), 421 (not valid for severely disabled persons with exception) and 422 (valid in case of wetness) retain their previous meaning.

f)

Infringements of the provisions and infringements referred to in points (a) to (d) against the prohibition laid down in Figure 215 and against a restriction arranged in each case in conjunction with Figure 422 shall be contrary to administrative offences in the sense of the § 24 of the Road Traffic Act in the revised version published in the Bundesgesetzblatt part III, outline number 9231-1, as last amended by the Law of 28 January 1987 (BGBl. 486).

5.

Road traffic-Admission order-StVZO-of 26 November 1981 (GBl. I 1982 No 1 p. 6) with the following measures:

a)

The provisions on registration plates, registration certificates and vehicle registration certificates shall apply until 31 December 1993.

b)

The provisions for the extension of general operating licences already granted shall be valid until 31 December 1991.

c)

The provisions concerning the approval of supplements to general operating licences already granted shall continue until the expiry of the validity of the respective type-approval, but at the latest until 30 June 1994.

6.

First implementing provision for road traffic-approval order-StVZO-of 29 March 1982 (GBl. 355), with the following provisions: the provisions on registration plates, registration certificates and vehicle letters shall continue until 31 December 1993.

7.

Arrangement of officially recognised experts in the field of motor vehicle traffic-motor vehicle expert arrangement-of 30 May 1990 (GBl. 365), with the following proviso: the order shall continue until 31 March 1991.

Unofficial table of contents

Annex II Kap XI C III Annex II, Chapter XI
Area C-Inland waterways and waterways
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Arrangement of 21 December 1977 on the regulation of transport by inland waterway-Inland waterway-Traffic order (BGMO)-(Special pressure No 951 of the Official Journal), as amended by Regulation No 2 of 15 February 1984 (Special pressure No 951/1 of the Official Journal of the European Union). (a) with the following conditions: it shall be deemed to be a national law in the territory referred to in Article 3 of the Treaty.

2.

Arrangement of 5 May 1989 on the regulation of transport on inland waterways-Inland waterways-Transport Regulations (BWVO)-(Special pressure No 1318 of the Official Journal) as amended by Regulation No 2 of 30 March 1990 (Special Pressure No 1318/1 of the Official Journal of the European Union) (c) the following conditions: the continuation refers exclusively to the border waters of the Oder and Neisse.

Unofficial table of contents

Annex II Kap XI D III Annex II, Chapter XI
Area D-Road construction
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Regulation of 22 August 1974 on the Public Road Road Regulation-(GBl. No 57 p. 515) with the following conditions: it shall be deemed to be a national law in the territory referred to in Article 3 of the Treaty.

2.

First implementing provision on the Road Ordinance of 22 August 1974 (GBl. 522), with the following conditions: the countries referred to in Article 1 of the Treaty shall be responsible for lifting or amending them.

3.

Second implementing provision on the Road Regulation of 14 May 1984-Locking Order-(GBl. 259), with the following conditions: the countries referred to in Article 1 of the Treaty shall be responsible for lifting or amending them.

Unofficial table of contents

Annex II Kap XI E III Annex II, Chapter XI
Area E-General traffic regulations
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Regulation of 21 July 1988 on ensuring the safe transport of dangerous goods (VOTG) (GBl. No 18 p. 205) with the following conditions: it shall apply until 30 June 1991.

2.

First implementing provision of 21 July 1988 on the Regulation on the safe transport of dangerous goods (VOTG) (GBl). 210), with the following conditions: it shall apply until 30 June 1991.

3.

Second implementing provision of 21 July 1988 on the Regulation on the safe transport of dangerous goods (VOTG)-reporting requirements and/or Reporting and consignment of certain dangerous goods (GBl. 213) with the following conditions: it shall apply until 30 June 1991.

4.

Third implementing provision of 21 July 1988 on the Regulation on the safe transport of dangerous goods (VOTG)-Transport of poisons-(GBl. 215), with the following conditions: it shall apply until 30 June 1991.

5.

Transport Regulations for Dangerous Goods (TOG) of 30 January 1979 (TVA No 153/20/79) with the following conditions: it shall apply until 30 June 1991.

6.

Regulation on the maritime transport and port turnover of dangerous goods (OSHG) of 4 June 1987 (TVA No 170/18/87) with the following conditions: it shall apply until 30 June 1991.

7.

Regulations relating to the air transport of dangerous goods (OLTG) of 13 February 1979 (TVA No 190/18/85) with the following conditions: it shall apply until 30 June 1991.

8.

Arrangement of 27 February 1979 on the participation of dangerous goods in public transport (GBl). 86), as amended by the Ordinance on the Promotion of Persons (PBVO) of 5 January 1984 (GBl). 25) with the following conditions: it shall apply until 30 June 1991.

Unofficial table of contents

Annex II Kap XII Annex II, Chapter XII
Division of the Federal Minister for the Environment, Nature Conservation and Nuclear Safety

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1226-1227) Unofficial table of contents

Annex II Kap XII III Annex II, Chapter XII
Continuing law of the German Democratic Republic
Section III

1.

Environmental framework law of 29 June 1990 (GBl. 649), with the following measures:

a)

Article 1 (2) (1) in conjunction with

aa)

Appendix 1 to Article 1

aaa)

Point 1

f)

aa)

(First General Administrative Regulation on the Incident Regulation (1). Disruptive VwV) of 26 August 1988 (GMBl. 398)

bbb)

Point 1

f)

bb)

(Second General Administrative Regulation on the Incident-Regulation (2). Disruptive VwV) of 27 April 1982 (GMBl. 205)

ccc)

Point 1

h)

The first General Administrative Regulation on the Federal Immission Control Act (Technical Guidance on Air-TA Luft) of 27 February 1986 (GMBl. S. 95, 202)

ddd)

Point 1

i)

General administrative provision concerning systems requiring approval in accordance with § 16 of the Industrial Code-Technical guidance for the protection against noise (TA noise) of 16 July 1968 (supplement to the BAnz. No. 137 of 26 July 1968); transferred pursuant to Section 66 (2) of the German Federal Immission Protection Act (BundesImmissionsschutzgesetz)

eee)

Point 2

c)

General administrative provision for the implementation of the Regulation on the quality of petrol quality of 6 November 1985 (Federal Gazette of 13 November 1985)

bb)

Annex 2 to Article 1 (7) and (8)

b)

Article 1 (4) (3) in the following: " Acquiters of installations which serve commercial purposes or are used in the context of economic activities shall not be subject to the damage caused by the operation of the plant before 1 July 1990. responsible, in so far as the competent authority, in agreement with the supreme state authority, exempts them from the responsibility. An exemption may be made if this is necessary in consideration of the interests of the acquirer, the general public and the protection of the environment. The application for exemption must be submitted no later than 31 December 1991. Liability on the basis of private law claims shall remain unaffected. "

c)

Article 2 (2) (1) in conjunction with Annex 1 to Article 2 (6) and (7)

d)

Article 3 (2) (1) (1) in conjunction with Annex 1 to Article 3 (3)

e)

Article 4

aa)

Section 2 (1) in conjunction with Annex 1 to Article 4 (4)

bb)

Section 2 (2) in conjunction with Annex 2 to Article 4 (3), with the following conditions: the time limits set out in paragraphs 9 and 10 of these instructions shall be extended by one year.

f)

Article 4 (3) in conjunction with Article 1, Section 4 (3), as amended above.

2.

Regulation on the guarantee of nuclear safety and radiation protection of 11. October 1984 (GBl. No 30 p. 341), together with the implementing provisions for the Regulation on the protection of nuclear safety and radiation protection from 11. October 1984 (GBl. 30 p. 348; Ber. GBl. 196), with the following proviso: the provisions shall apply to mining and other activities, insofar as radioactive substances, in particular radon products, are present. The competent authorities shall replace the State Office for Nuclear Safety and Radiation Protection, or the President of that Office, as referred to in the continuing regulations.

3.

Arrangement to ensure radiation protection in the case of semi-industrial and industrial settling plants and in the use of materials deposited therein on 17 November 1980 (GBl. 34 p. 347), with the proviso referred to in paragraph 2.

4.

Arrangement of 2 February 1984 on drainage of waste water (GBl). 70), as amended by Regulation No 2 of 1 June 1987 (GBl). 164), with the following proviso: the order shall not enter into force on 31 December 1990.

Unofficial table of contents

Annex II Kap XIII Annex II, Chapter XIII
Division of the Federal Minister for Post and Telecommunications

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1228-1229) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification II Cape XIII)-All documents relating to Chapter XIII of Annex II shall be issued,

b)

subject-related (e.g. B. Unification II Cape XIII (C)-All documents relating to the subject C of Chapter XIII of Annex II shall be issued,

c)

section-related (e.g. B. Unification II Cape XIII C III)-The document is given in section III of Section C of Chapter XIII of Annex II,

Unofficial table of contents

Annex II Kap XIII B III Annex II, Chapter XIII
Area B-Postal
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Arrangement via the postal service-post-order-of 28 February 1986 (GBl. 69), as last amended by Regulation No 3 of 31 August 1990 (GBl). No 59 p. 1451), with the following proviso: § § 55 and 56 are deleted.

2.

Arrangement on the distribution of press products-Postpress distribution-Arrangement-of 28 February 1986 (GBl. 96), as amended by Regulation No 2 of 31 August 1990 (GBl). I n ° 60 p. 1478), with the following measures:

a)

Section 5 (4) to (7) and section 32 (2) are deleted.

b)

The admission requirements set out in § § 3 and 4 do not go beyond the corresponding requirements of the postal order regulations of 9 September 1981 (BGBl. 950), as last amended by the Regulation of 17 June 2008. October 1988 (BGBl. 2065).

3.

Arrangement via the Postscheckdienst-Postscheck-Arrangement-dated 28 February 1986 (GBl. 102), as amended by Regulation No 2 on the post-cheque-mail-check-order of 20 June 1990 (GBl). No 57 p. 1409), with the following provisions: § 4 (5) and 14 (14).

4.

Arrangement of the Postpartgirodienst-Postspargiro-Arrangement-of 28 February 1986 (GBl. 87), as amended by Regulation No 2 on the Post-Spargiro Service-Postal Spargiro Arrangement-dated 20 June 1990 (GBl). No 57 p. 1410), with the following proviso: § 4 (3) and (16).

5.

Arrangement via the Postsparkassendienst-Postsparkassenordnung-vom 31. October 1983 (GBl. N ° 38 p. 429), as amended by Regulation No 2 on the Postsparkassendienst-Postsparkassenordnung-dated 20 June 1990 (GBl. No 57 p. 1408), with the following proviso: § 2 (3) and (5) and (13).

Unofficial table of contents

Annex II Kap XIII C I Annex II, Chapter XIII
Area C-Telecommunications
Section I

The following law of the German Democratic Republic shall remain in force:

1.

Arrangement via the telegram service-telegram arrangement-of 28 February 1986 (GBl. 173), as amended by Regulation No 2 on the telegram service-2. Telegram arrangement-dated 20 June 1990 (GBl. I No 46 p. 817)

Unofficial table of contents

Annex II Kap XIII C III Annex II, Chapter XIII
Area C-Telecommunications
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Arrangement via the telephone service-telephone arrangement-of 28 February 1986 (GBl. 133), as last amended by arrangement No 3 on telephone service-3. Telephone arrangement-of 20 June 1990 (GBl. N ° 46, p. 813), with the following measures:

a)

In section 8 (3) sentence 2, the words 'after consultation with the local councils' shall be deleted.

b)

In § 11, the words "in cooperation with the local councils" are deleted.

2.

Arrangement via the Telex-Service-Telex-Arrangement-of 28 February 1986 (GBl. 166), as amended by Regulation No 2 on the Telex-Service-Telex-Arrangement of 23 April 1990 (GBl). 269), with the following proviso: in Article 6 (1), the words "by state bodies and establishments with which there is already a telex-participation ratio" are deleted.

3.

Arrangement on line-bound telecommunication systems for non-public telecommunications and for the transfer of transmission paths of 28 February 1986 (Special pressure No 128 p. 9 of the Code), with the following conditions: Granting authorisations shall not apply.

4.

Sections 3 to 6 and 16 (2) (a), (5) to (7) and 2 Sections II and III of the Order on the Production, Eration, Operation and Change of Radio Receiver and Reception Antenna Systems for Radio and Radio Broadcasting. Radio-Arrangement of 28 February 1986 (GBl. 111) shall remain in force until 31 December 1991 and shall apply by means of the following measures:

a)

The fees are based on the order of 4 September 1990 on the increase of radio, radio and television broadcasting fees (GBl. N ° 59 p. 1449).

b)

The expenses incurred by the Deutsche Bundespost will be reimbursed by the fee creditor.

Unofficial table of contents

Annex II Kap XIV Annex II, Chapter XIV
Division of the Federal Minister for Spatial Planning, Construction and Urban Development

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1230) Unofficial table of contents

Annex II Kap XIV III Annex II, Chapter XIV
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:
Law on the Safeguarding of Occupancy Rights in Municipal and Cooperative Housing of 22 July 1990 (GBl. I n ° 49 p. 894)
with the following measures:

a)

It shall also apply to flats which are still existing on 1 September 1990, insofar as or as long as they are not to be transferred back to private owners.

b)

It shall not enter into force on 31 December 1995 unless otherwise specified.

c)

§ 17 (1) does not apply to the minimum level of 1,000 Deutsche Mark.

Unofficial table of contents

Annex II Kap XV Annex II, Chapter XV
Division of the Federal Minister for Research and Technology

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1231) Unofficial table of contents

Annex II Kap XV II Annex II, Chapter XV
Section II

The following law of the German Democratic Republic shall be repealed:

1.

Decision concerning the further activities of the Academy of Sciences of the German Democratic Republic of 27 June 1990 in conjunction with the Regulation on the Academy of Sciences of the GDR of 27 June 1990 (GBl. I n ° 39 p. 543)

2.

Decision on the Staff Regulations of the Research Council of the German Democratic Republic of 27 June 1990 (Decision of the Council of Ministers of the German Democratic Republic No 14/23/90 of 27 June 1990)

3.

Statutes of the Ministry of Science and Technology as the basis of work of 21 December 1989 (Decision of the Council of Ministers of the German Democratic Republic No 7/10/89 of 21 December 1989)

4.

Regulation on the management, planning and financing of research at the Academy of Sciences of the German Democratic Republic and at universities and universities, in particular the research cooperation with the Combined Research Regulation-of 12 December 1985 (GBl. I 1986 No 2 p. 12)

5.

Decision on the principles governing the organisation of economic relations between industry and the institutions of the Academy of Sciences and the Higher Education System of 12 September 1985 (GBl. I 1986 No 2 p. 9)

6.

Regulation on the planning, construction and use of experimental facilities and experimental buildings of 1 November 1972 (GBl. II No 70 p. 805)

7.

Arrangement on services in the field of science and technology for which fees are paid-Honorary Order Science and Technology-of 6 March 1990 (GBl. I No 19 p. 177)

8.

Arrangement on the repeal of a piece of law in the field of science and technology of 2 March 1990 (GBl. I n ° 19 p. 176)

9.

Arrangement on the mandatory issue for research and development tasks of 29 December 1989 (GBl). I 1990 No 2 p. 5)

10.

Arrangement on the participation in the international automated exchange of information of the member countries of the Comecon of 18 March 1988 (GBl. I n ° 8 p. 77)

11.

Arrangement on stipulations for the application of model contracts in scientific and technical cooperation with the USSR of 8 January 1987 (Secretariat of the Council of Ministers)

12.

Arrangement on principles for the uniform approach to the identification, planning and verification of the benefits and effectiveness of the measures of the scientific and technical progress-benefit arrangement-of 19 December 1986 (GBl). I 1987 No 1 p. 1)

13.

Arrangement on the General Conditions of Scientific and Technological Cooperation between the German Democratic Republic and the USSR of 11 November 1986 (Special Pressure No 765/1 of the Official Journal)

14.

Arrangement for the provision of information on scientific and technical results of 20 June 1979 (GBl). I n ° 19 p. 164)

15.

Arrangement relating to the registration requirement of the Information Institutions for Science and Technology of 7 May 1974 (GBl. I n ° 26 p. 263)

16.

Arrangement on the liability of the "Order of Information on Science and Technology for the Management and Planning of the Economy" of 5 April 1972 (GBl. II n ° 19 p. 223)

Unofficial table of contents

Annex II Kap XVI Annex II, Chapter XVI
Division of the Federal Minister for Education and Science

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1232) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification II Cape XVI)-All documents relating to Chapter XVI of Annex II shall be issued,

b)

subject-related (e.g. B. Unification II Cape XVI B)-The document shall be issued relating to the subject area B of Chapter XVI of Annex II,

c)

section-related (e.g. B. Unification II Cape XVI B III)-The document shall be issued in section III of Section B of Chapter XVI of Annex II,

Unofficial table of contents

Annex II Kap XVI A III Annex II, Chapter XVI
Objective A-Training promotion
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Regulation on training allowances for pupils of advanced general polytechnic schools and special schools in the field of popular education of 11 June 1981 (GBl). I No 17 p. 232),

2.

Regulation on the granting of scholarships to direct students of the universities, universities and colleges of the German Democratic Republic-Scholarship ordinance-of 11 June 1981 (GBl. 229), as last amended by the Regulation on the increase in support for students and apprentices with children of 16 July 1985 (GBl). I No 21 p. 249),

3.

Arrangement on the granting of scholarships to direct students, research students and aspirants from the universities, university and technical colleges-Scholarship arrangement-of 29 June 1990 (GBl). I n ° 53, p. 1079),

4.

Arrangement No 2 on the granting of scholarships to direct students, research students and aspirants from universities, universities and colleges (Scholarship Arrangement no. 2) of 17 August 1990 (GBl. I Nr... S...),

5.

Arrangement on the granting of scholarships to citizens of the GDR who have been delegated to training and further training in other countries on 16 June 1982 (GBl. I n ° 29 p. 542) and

6.

Section 6 of the Order on the implementation of one-year training courses for young people at vocational schools of 14 August 1990 (GBl. I n ° 57 p. 1413)

with the following conditions:
The provisions laid down shall apply until 31 December 1990. Unofficial table of contents

Annex II Kap XVI B III Annex II, Chapter XVI
Area B-Vocational training
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:
Regulation on the increase of the fees of apprentices of 15 March 1990 (GBl. I No 18 p. 170)
with the following conditions:
This Regulation shall apply as long as the vocational training in the training professions is not yet covered by collective agreements.

Footnote

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Annex II Kap XVII Annex II, Chapter XVII
Division of the Federal Minister for Economic Cooperation

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1233) (without content) Unofficial table of contents

Annex II Kap XVIII Annex II, Chapter XVIII
Statistics

Site in Appendix II of the EinigVtr-BGBl. II 1990, 1234 Unofficial table of contents

Annex II Kap XVIII III Annex II, Chapter XVIII
Section III

The following law of the German Democratic Republic shall remain in force with the following conditions:
Section 6 (2) of the Statistics Act of the GDR of 20 July 1990 (GBl. No 52 p. 1004) only in so far as the following surveys, as set out in the annex to this Law, after the effective date of accession on the basis of the Federal Statistics Act, taking into account Section 2 of Annex I of the Treaty Chapter XVIII Section II must be completed by 30 June 1991 at the latest:

1.

for the year 1990-Labour Force Survey-Cost-structure survey of the manufacturing craft-Cost structure statistics-Services-livestock holdings and their reproduction-cost structure survey in agricultural holdings,

2.

for the 4. Quarter 1990-Statistics on the budget budget (current economic accounts)-Labour force surveys, income, working hours-Total production of production by product-Cost structure survey of industry-Accounting completed Housing-Cost structure survey in construction and transport-Cost structure statistics of internal trade and catering-Gross investment-Market production of animal and plant products-Financial survey of agricultural holdings.

Footnote

Sect. III (italic print): § 6 para. 2 penned. by § 1 No. 17 G v. 30.1.2002 I 567 mWv 7.2.2002 Unofficial table of contents

Appendix II Kap XIX Annex II Chapter XIX
Public service law, including the law of the soldiers

(Found in Appendix II of the EinigVtr-BGBl. II 1990, 1235-1236) The text of the chapter is broken down into subject areas and sections.
It is available as follows:

a)

chapter-related (e.g. B. Unification II Kap XIX)-All documents relating to Chapter XIX of Annex II are issued-

b)

subject-related (e.g. B. Pur.Vtr Annex II Cape XIX B)-All documents relating to subject B of Chapter XIX of Annex II are issued.

c)

section-related (e.g. B. Unification II Cape XIX B III)-The document is issued in section III of Section B of Chapter XIX of Annex II.

Unofficial table of contents

Appendix II Kap XIX A III Annex II Chapter XIX
Subject A-Law of persons in the public service
Section III

The following law of the German Democratic Republic shall remain in force with the following measures:

1.

Law for the purpose of applying the Federal Personnel Representation Act (BPersVG)-Personnel Representation Act-of 22 July 1990 (GBl. No 52 p. 1014) in accordance with Annex I, Chapter XIX, Sachgebiet A, Section III, No 15.

2.

Electoral Regulations to the Act for the Use of the Federal Personnel Representative Act-Personnel Representation Act, Electoral Regulations-of 22 July 1990 (GBl). No 52 p. 1030) in accordance with Annex I, Chapter XIX, Section III, Section III, point 16.

Footnote

Sect. III No. 1 (italic pressure): G deg. by § 1 No. 18 G v. 30.1.2002 I 567 mWv 7.2.2002
Sect. III no. 2 (italic printing): electoral regulations are opened. by § 1 No. 19 G v. 30.1.2002 I 567 mWv 7.2.2002 Unofficial table of contents

Appendix II Kap XIX B III Annex II Chapter XIX
Subject B-Right of the soldiers
Section III

The following law of the German Democratic Republic shall remain in force:

1.

Section 29 (1), first sentence, and section 30 (1) and (4) of the Military Service Act of 25 March 1982 (GBl. 221) in conjunction with the decision on the examination and convocation of the military service and the dismissal of the military service in the 1. Half-year 1990 of 8 February 1990 (GBl. 44) with the following conditions: These provisions shall apply to conscripts who are nationals of the former National People's Army in the territory referred to in Article 3 of the Treaty at the date of entry into force of the accession of the European Union Basic military service.

2.

Regulations for the members of the National People's Army of 12. October 1982 (No 005/9/001) in the version of 15 August 1990, with the following measures:

a)

Until 30 September 1992, the Federal Government shall be authorized, by means of a regulation which does not require the consent of the Federal Council, to provide benefits in relation to the arrangements in other areas of the public service. to be reviewed and reestablished. The Federal Government is also authorized to provide, by 30 September 1992, the performance of the development in the territory referred to in Article 3 of the Treaty, in accordance with the rules in force in the civil service sector by means of a regulation .

b)

The schemes relating to single payments in connection with the dismissal of military service in Section 901 in conjunction with Section 912 shall apply until 31 December 1990. If the amount of the waiting period or the transitional allowance pursuant to Annex I, Chapter XIX, Section II, Section II, Section II, Section 2 and 7, has been paid, it is to be added to the one-off payments. Ongoing transitional payments under section 901 in conjunction with section 922 or 923 shall be excluded.

3.

Maternity protection schemes for female soldiers of the National People's Army on the basis of the DV 010/0/007 holiday, exit, leave of service-leave requirement-of 12 April 1990, with the following conditions: the maternity protection regime is valid until 31 December 1990.

4.

Section 27 (1) of the Military Service Act of 25 March 1982 (GBl. 221) in conjunction with Order No 064/9/001 of the Minister for Disarmament and Defence on the Food and Defense Board of the NVA board of 24 June 1990 laying down the following measures: the provisions relating to the payment of the Catering fees to the time and professional soldiers of the former National People's Army; the scheme applies only to the persons referred to in Annex I, Chapter XIX Sachgebiet B, the right of the soldiers, Section II (2) § § 3 to 7.

Footnote

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Sect. III no. 2 (italic pressure): pay order. by § 1 No. 21 G v. 30.1.2002 I 567 mWv 7.2.2002
Abshn. III no. 4 (italic printing): § 27 para. 1 pits. by § 1 No. 22 G v. 30.1.2002 I 567 mWv 7.2.2002 Unofficial table of contents

Annex III Joint declaration
of the Governments of the Federal Republic of Germany and of the German Democratic Republic on the settlement of open property matters
Of 15 June 1990

The division of Germany, the consequent population migration from East to West and the different legal systems in both German states have led to numerous problems of wealth law, which many citizens in the German Democratic Republic and in the Federal Republic of Germany.
In resolving the pending asset issues, both governments assume that a socially responsible balance of interests is to be created. Legal certainty and legal clarity, as well as the right to property, are principles which allow the governments of the German Democratic Republic and the Federal Republic of Germany to be guided by the solution of the pending financial issues. Only in this way can the legal peace in a future Germany be permanently secured.
The two German governments agree on the following key values:

1.

The expropriations to the law of occupation and/or The legal basis (1945 to 1949) is no longer to be reversed. The governments of the Soviet Union and the German Democratic Republic do not see any possibility of revising the measures taken at the time. The government of the Federal Republic of Germany takes note of this with regard to historical development. It is of the opinion that a final decision on possible state compensation must be reserved for a future Parliament as a whole.

2.

Fiduciary administrations and similar measures with restrictions on the use of land, commercial enterprises and other assets must be repealed. This means that those citizens whose assets have been taken into a state administration for reasons of escape from or for other reasons, are given the power to dispose of their property.

3.

In principle, dispossessed basic assets shall be returned to the former owners or their heirs, taking into account the case groups referred to in (a) and (b).

a)

The retransmission of property rights in land and buildings, their type of use or In particular, the use of a new business unit in complex housing and settlement construction, which has been used for commercial purposes or incorporated into a new business unit, has been modified by nature. In such cases, compensation shall be provided, unless it has already been compensated for in accordance with the rules applicable to citizens of the German Democratic Republic.

b)

In so far as citizens of the German Democratic Republic have acquired property or property rights in real terms in respect of property or property rights to be re-appropriated, a socially responsible compensation to the former owners shall be provided by the exchange of The same applies to basic assets, which have been sold to third parties by the state trustee. The details still need clarification.

c)

In so far as the former owners or their heirs are entitled to a return transfer, they may be chosen instead of the compensation.

The question of compensation for changes in value shall be dealt with separately.

4.

The provisions of point 3 shall apply mutagenously to house plots, which were previously administered by the beneficiaries themselves or on their behalf, and which were taken over in national property on the basis of economic coercion.

5.

Tenants ' protection and existing rights of use of citizens of the German Democratic Republic to the land and buildings affected by this declaration will be respected and regulated in accordance with the applicable law of the Germans. Democratic Republic.

6.

In the case of managed establishments, the existing restrictions on disposal are removed; the owner takes over his operating assets. For holdings and participations, which were transferred to the national property in 1972, the law of 7 March 1990 shall apply to the establishments and shareholdings in the Establishment and activity of private companies and company participations. Article 19 (2) sentence 4 of the Act is interpreted in such a way that the private companies are to be sold on request; the decision on the sale is thus not at the discretion of the competent authority.

7.

In the case of companies and participations which have been transferred from 1949 to 1972 by confiscated property, the company as a whole or entity shall be the former owner, taking into account the value development of the holding. Shares and/or shares Transfer of shares of the company, insofar as it does not wish to receive compensation. Details still need to be taken into account.

8.

If assets-including rights of use-have been obtained on the basis of unfair practices (e.g. through abuse of power, corruption, coercion or deception on the part of the acquirer), the acquisition of rights is not worthy of protection and is not reversed. to make it. In cases of repurchase, paragraph 3.b) shall apply.

9.

To the extent that there has been an asset drawing in the context of illegal criminal proceedings, the German Democratic Republic will create the legal conditions for its correction in a justicular procedure.

10.

Shares in the Altguthaben-Abredemption bond of citizens of the Federal Republic of Germany are served, including interest rates in the second half of 1990-that is, after the currency conversion.

11.

The entry into force of the monetary, economic and social union shall not apply to foreign exchange restrictions on payment transactions.

12.

The assets of legal persons governed by public law which exist or exist in the territory of the GDR on the basis of the Law on the Resolution of the Federal Republic of Germany on the basis of the Law on the Resolution of the Federal Republic of Germany , shall be addressed to the beneficiaries or submitting their legal successor.

13.

For processing:

a)

The German Democratic Republic will immediately establish the necessary legislation and procedural rules.

b)

It will make known where and within which period the citizens concerned can register their claims. The application deadline will not exceed six months.

c)

In order to satisfy the claims for compensation, a legally independent compensation fund shall be formed separately from the state budget in the German Democratic Republic.

d)

The German Democratic Republic shall ensure that, by the end of the period referred to in point 13.b), there shall be no sales of land and buildings to which previous property rights are unresolved, unless between the two There is agreement that a retransmission will not be considered or will not be invoked. Divestments of land and buildings in which previous property rights are unclear and which nevertheless remain after the 18. They will be reviewed in October 1989.

14.

Both governments are asking their experts to clarify further details.