Agreement between the Federal Republic of Germany and the German Democratic Republic on the implementation and interpretation of the Treaty between the Federal Republic of Germany and the Germans signed in Berlin on 31 August 1990 Democratic Republic on the Production of the Unity of Germany-Unification Treaty-

Unofficial table of contents

United VtrVbg

Date of completion: 18.09.1990

Full quote:

" Agreement between the Federal Republic of Germany and the German Democratic Republic on the implementation and interpretation of the Treaty between the Federal Republic of Germany and the Germans, signed in Berlin on 31 August 1990 Democratic Republic on the production of the unity of Germany-Unification Treaty-of 18 September 1990 (BGBl. 1990 II p. 1239) "

Footnote

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

  

G v. 23.9.1990 II 885
Inforce gem. 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-

in the endeavour to implement and interpret the Treaty between the Federal Republic of Germany and the German Democratic Republic on the production of the unity of Germany-unification treaty signed in Berlin on 31 August 1990 -to ensure
in the fulfilment of Article 9 (3) of the Agreement,
, have agreed to conclude an agreement with the following provisions: Unofficial table of contents

Species 1

On the question of the further course of action concerning the personal information obtained by the former State Security Service of the German Democratic Republic, the Governments of the two parties agree:

1.

They expect the German legislature to observe the principles as set out in the law on the protection and use of personal data of the former Ministry of State Security/Office, adopted by the People's Chamber on 24 August 1990. for national security, which has been fully taken into account.

2.

They expect the German legislature to ensure that the political, historical and legal reappraisal of the activities of the former Ministry of State Security/Office for National Security will be guaranteed. remains.

3.

They shall assume that appropriate compensation shall be provided between:

-

political, historical and legal reappraisal,

-

the safeguarding of the individual rights of the persons concerned and

-

the necessary protection of the individual against unauthorised use of his or her personal data

is created.

4.

They shall assume that the representatives appointed by the countries referred to in Article 1 of the Agreement shall advise and assist the Special Representative in the performance of his legal duties in order to ensure the interests of the citizens of the new Member States. Federal states are particularly taken into account.

5.

They agree that, in the case of central administration, the safe custody, archiving and use of the documents can be carried out centrally and regionally. In important matters relating to the safe custody, archiving and use of the documents, the Special Representative shall consult with the representative of the respective country.

6.

They shall assume that, as soon as possible, the person concerned shall be granted a right of information, while respecting the interests of third parties which are worthy of protection.

7.

They shall assume that the Special Representative shall immediately issue a user order filling out the legal requirements. With this user order, the content, nature and scope of the advice and support by the national representatives will be determined in more detail.

8.

They assume that, except for the inevitable participation in the investigation and prosecution of criminal offences in accordance with § 2 (1) (4) of the German Federal Archives Act, the use or transmission of data for intelligence purposes shall be excluded. The Federal Minister of the Interior will instruct the Federal Office for the Protection of the Constitution not to address any questions to the Special Representative in this regard until the user order referred to in point 7 is adopted. The information obtained from the files shall be marked in such a way as to control the nature, scope and origin of the data transmitted and to allow a final legislative decision on the whereabilent of the data.

9.

The Governments of the two Contracting Parties shall assume that the legislative work on the final settlement of this matter shall be immediately after 3. It will be held in October 1990. In doing so, the People's Office Act is to serve as a basis in conjunction with the agreement on the integration of the law.

Unofficial table of contents

Type 2

The contracting parties express their intention, in accordance with the decision of the People's Chamber of the German Democratic Republic of 14 April 1990, to enter into fair compensation for the material losses suffered by the victims of the Nazi regime. In the continuity of the policy of the Federal Republic of Germany, the Federal Government is prepared to conclude agreements with the Claims Conference on an additional fund solution in order to provide for hardship benefits to those persecuted in accordance with the the Federal Republic of Germany has received no or only minor compensation. Unofficial table of contents

Art 3

The following law of the German Democratic Republic shall remain in force after the date of entry into force of the accession. Article 9 (4) of the Treaty shall apply accordingly.

On Chapter II

(Business Unit of the Federal Minister of the Interior)

1.

Law amending the Law on Elections to Landtage in the German Democratic Republic of 22 July 1990 (Land Elections Act-LWG) of 30 August 1990 (GBl. I n ° 58 p. 1422)

2.

§ § 4, 8 and 10 of the Law on Legal Conditions of Members of the People's Chamber of the German Democratic Republic of 31 May 1990 (GBl. No 30 p. 274) shall continue to apply with the following measures:

a)

Members of the People's Chamber of the German Democratic Republic receive transitional allowance for a period of three months in accordance with § 8 (1) in the amount of the compensation in accordance with § 4 (1). Exceeds the duration of membership in the People's Chamber of the German Democratic Republic in the 10th The term of office shall be three months, and shall be granted for each additional month of membership, for a further three months at the latest, a transitional allowance of 30 per cent, as defined in sentence 1.

b)

Remuneration from membership in the German Bundestag, in the European Parliament or in a national parliament, from an official relationship, from a use in the public service, from a different employment relationship, from a self-employed Activity as well as pensions are credited. § 10 (1) shall apply when a transitional allowance is met, pursuant to point 1, with a transitional allowance from an activity as a member of the Council of Ministers/State Secretary.

c)

The benefits are subject to the obligation to contribute to social security.

d)

The periods in which these benefits are covered are to be applied in the form of labour law in the form of a passport for work and social security.

e)

The periods of receipt of these benefits shall apply to the granting and calculation of social security pensions as an activity subject to insurance. In the calculation period for old-age and invalidity pensions, the calculation of the average earnings shall not take account of these benefits if it is more favourable to the pensioner.

f)

The staff seconded to the European Parliament by the People's Chamber of the German Democratic Republic shall receive the legal status of a Member of the European Parliament for the current legislative term of the European Parliament The Law on the Legal Conditions of Members of the European Parliament from the Federal Republic of Germany of 6 April 1979 (BGBl. 413) in the version in force, while maintaining their advisory role, insofar as and as long as the German legislature has not taken any other regulation.

3.

Decision of the Council of Ministers of the German Democratic Republic on social security arrangements for outgoing members of the Council of Ministers of 8 February 1990, as amended by the Decision of 8 August 1990 (GBl). 1552) and the decision of the Council of Ministers of the German Democratic Republic on social security for secretaries of state leaving their functions on 29 August 1990 (GBl). I n ° 62 p. 1552) with the following measures:

a)

Members of the Council of Ministers who leave the government for reasons other than those of their own person who have not yet reached retirement age and who cannot immediately take up another activity or where the inclusion of such an activity is not possible. of an income reduction, a transitional allowance shall be granted. The transitional allowance shall be granted for the three months following the date of departure at the level of the salary paid last month before leaving the country. If the period of membership in the Council of Ministers exceeds three months, the membership shall be paid for each additional month, for a further three months, at a rate of 30 per cent of the transitional allowance paid in accordance with the first sentence.

b)

Remuneration from membership in the German Bundestag, in the European Parliament or in a national parliament, from an official relationship, from a use in the public service, from any other employment relationship or from a self-employed person Activity as well as pensions are credited.

c)

The benefits are subject to the obligation to contribute to social security.

d)

The periods in which these benefits are covered are to be applied in the form of labour law in the form of a passport for work and social security.

e)

The periods of receipt of these benefits shall apply to the granting and calculation of social security pensions as an activity subject to insurance. In the calculation period for old-age and invalidity pensions, the calculation of the average earnings shall not take account of these benefits if it is more favourable to the pensioner.

4.

First implementation provision for the Regulation on compensation of the members of the municipal representations-compensation regulation-of 4 September 1990 (GBl). I No 60 p. 1473)

On Chapter III

(Business Unit of the Federal Minister of Justice)

5.

Stiftungsgesetz of 13 September 1990 (GBl. No 61 p. 1483), with the following proviso: this Act shall, in so far as it relates to articles not regulated by the Federal Republic of Germany, continue as national law in the countries referred to in Article 1 (1) of the Treaty.

6.

Rehabilitation Act of 6 September 1990 (GBl. I n ° 60 p. 1459) with the following measures:

a)

Section 1 (1) (2) and (3) and (4) and 3. to 5. Section (§ § 18 to 42) shall not apply. § 2 (2) applies only to claims of the persons rehabilitated pursuant to the second section (§ § 3 to 17).

b)

Persons who have become victims within the meaning of Article 17 of the Treaty by being referred to a psychiatric institution by the rule of law, have the same rights as those in the second section (§ § 3 to 17).

c)

§ 2 (2) and (3) are stated as follows: " (2) Furthermore, the rehabilitation is based on claims of the person concerned in accordance with the provisions of this Act. (3) For the restitution or return of assets which are related to the right of the person to be legally violable The law governing open property matters (Annex II, Chapter III, Section I, Section I to the Treaty of 31 August 1990) shall apply. "

d)

§ 6 shall be taken as follows:

" § 6

Claims for restitution of paid fines, fees and expenses of the criminal proceedings as well as costs of liability shall be reserved for a special statutory regulation. "

e)

Section 8 (2) is as follows: "(2) In the case of the decision on social compensation, services already rendered to the rehabilitated persons are to be counted, in particular according to the prisoner-aid law."

f)

Insofar as the Supreme Court is competent pursuant to Section 11 (1) Sentence 2 and 2 (2), the District Court shall be replaced by the District Court.

g)

Insofar as the Supreme Court is competent pursuant to Section 14 (2), the Special Senate of the District Court in whose district the State Government has its registered office shall be replaced by the Special Senate of the District Court (Annex I, Chapter III, Sachgebiet A, Section III, No. 1). Court Constitutional Law-letter k to the Treaty of 31 August 1990).

h)

In cases of referral pursuant to § 15, a request for rehabilitation shall be deemed to be a cassation request made in good time and vice versa.

i)

In § 15, the following new paragraph 3 is inserted: "(3) A referral decision pursuant to paragraph 1 or paragraph 2 shall be binding on the court to which reference is made." For the application in the part of the Land Berlin, where the Basic Law has not been applied until now, the following shall apply: in addition to the following measures:

a)

The District Court of Berlin shall replace the courts referred to in Article 11 (1).

b)

Section 11 (2) and (3) shall not apply.

c)

To the extent that the Supreme Court is competent pursuant to Section 14 (2), the Chamber Court shall be replaced by the Court of Appeal.

7.

Law repealing the Law on the Insurance of the Wholly Owned Economy of 13 September 1990 (GBl. I No 61 p. 1488)

8.

Regulation on the repeal of legislation in the insurance sector of 29 August 1990 (GBl. I No 59 p. 1430)

On Chapter IV

(Business Unit of the Federal Minister of Finance)

9.

Law on the Compensatory Fund Monetary changeover of 13 September 1990 (GBl). No 61 p. 1487), with the following proviso: the Fund shall be dissolved after the performance of its duties.

10.

Fourth Implementing Regulation to the Trust Law of 12 September 1990 (GBl. No 60 p. 1465), with the following proviso: § 2 is deleted.

11.

Fifth Implementing Regulation to the Trust Law of 12 September 1990 (GBl. I No 60 p. 1466)

12.

Law on the proof of the legality of the purchase of conversion credits of 29 June 1990 (GBl. (503), with the following measures:

a)

In the cases referred to in the second sentence of Article 5 (4), a chamber for administrative matters shall be decided instead of the temporary special committee in the district court in whose district the total credit for the conversion has been declared.

b)

This court also decides on complaints pursuant to § 6.

13.

Second Regulation on the application for and the granting of investment allowances for investment in investments-Second Investment Deposit Regulation-of 13 September 1990 (GBl. I n ° 61 p. 1489) with the following proviso: this Regulation applies throughout the entire scope of the Basic Law as federal law.

14.

a)

Arrangement on the statutes of the Sparkassenverband der DDR of 20 March 1990 (GBl. I n ° 24 p. 233)

b)

Arrangement on the operation and the operations of the Savings Banks-SparkassenArrangement-of 26 July 1990 (GBl. I No 56 p. 1275)

c)

Arrangement on the Electoral Regulations for the election of servants of the savings banks to the Board of Directors of 29 August 1990 (GBl. I No 60 p. 1475)

d)

Arrangement concerning the procedure for the transfer of the savings banks to the guaranties of 29 August 1990 (GBl. I No 60 p. 1474)

with the following conditions: the arrangements shall apply in the countries referred to in Article 1 (1) of the Treaty up to a different national legislation, but not later than 30 June 1991.

15.

Arrangement for the customs and excise duty relief of goods delivered to the Western Group of the Armed Forces of the USSR of 29 August 1990 (GBl. I n ° 63 p. 1608)

16.

First implementing provision for the Customs Law-Customs border, line of customs duties-of 24 August 1990 (GBl. I No 59 p. 1439)

17.

First implementing provision for the General Customs Code-Customs Road, Customs Duty Stations, Customs Airfields-of 24 August 1990 (GBl. I No 59 p. 1442)

18.

Regulation on measures to deleverage to date fully-owned enterprises of old loans-debt relief regulation-of 5 September 1990 (GBl. 1435), with the following proviso: the Regulation shall remain in force until 30 June 1991.

On Chapter V

(Business Unit of the Federal Minister for Economic Affairs)

19.

Arrangement on the granting of subsidies for electrical energy, gas, thermal energy and drinking water in the case of delivery to the population as well as the discharge of waste water from the population of 24 August 1990 (GBl. N ° 59, p. 1446), with the following measures:

a)

The system will remain in force until 31 December 1990 in terms of electrical energy, gas and drinking water, and in terms of thermal energy by 30 June 1991.

b)

§ 4 is deleted.

20.

Arrangement on the granting of subsidies for solid fuels on delivery to the population of 24 August 1990 (GBl. N ° 59, p. 1447), with the following measures:

a)

The order shall remain in force until 31 December 1990.

b)

§ 4 is deleted.

21.

First Regulation amending the Regulation on the external economy of 8 August 1990 (GBl. 1143), with the following proviso: the Regulation shall remain in force until 31 March 1991.

22.

Third implementation of the Act on the External Economic, Capital and Payments Act-Import List-of 13 August 1990 (Special Pressure No 1453/3 of the Official Journal)

23.

Ordinance on the fuel supply of heat generation plants of 5 September 1990 (GBl. 1544), with the following proviso: the Regulation shall remain in force until 31 March 1991.

On Chapter VIII

(Business Unit of the Federal Minister for Labour and Social Affairs)

24.

Arrangement on the collection and safeguarding of the property in the health care sector of medical equipment technology from the Federal Republic of Germany on the basis of aid shipments-inventory medical technology-of 22 August 1990 (GBl. No 59 p. 1445), with the following provisions: the order shall be considered as a country law in the territory referred to in Article 3 of the Treaty.

To Chapter X

(Business Unit of the Federal Minister for Youth, Family, Women and Health)

25.

Law on the rescue service of the German Democratic Republic-Rescue Service Act-of 13 September 1990 (GBl. No 62 p. 1547) with the following provisions: the law applies in the countries referred to in Article 1 (1) of the Treaty to any other national legislation, but at the latest until 31 December 1992.

26.

Ordinance on Day Facilities for Children of 18 September 1990 (GBl. N ° 63, p. 1577), with the following measures:

a)

§ 7 2. Half-sentence is taken as follows: "... can be advised and supported by the institutions of day facilities for children in the territory and the competent municipal authorities of the city or district or the municipality.".

b)

§ 18 shall not apply.

c)

Section 19 (1) is deleted.

27.

Ordinance on the care of children in day care of 18 September 1990 (GBl. I n ° 63 p. 1579) with the following measures:

a)

The second sentence of Article 2 (1) is supplemented as follows: '... insofar as it operates on a commercial basis the activities of day-care'.

b)

In § 2 para. 2 the word "shall" be replaced by the word "may".

28.

Regulation supplementing the Regulation of 12 March 1987 on State Child Money-Second Regulation on State Children's Money-of 29 August 1990 (GBl). No 58 p. 1423), with the following proviso: the Regulation shall not enter into force on 31 December 1990.

29.

Arrangement for payment of the compensatory amount for the State child allowance of 21 August 1990 (GBl. 1396), with the following proviso: the order shall not enter into force on 31 December 1990.

On Chapter XII

(Business Unit of the Federal Minister for the Environment, Nature Conservation and Nuclear Safety)

30.

a)

Regulation on the fixing of the national park Vorpommersche Boddenlandschaft of 12 September 1990 (special print No 1466 of the legislative code)

b)

Regulation on the fixing of the Jasmund National Park of 12 September 1990 (Special Pressure No 1467 of the Official Journal)

c)

Regulation on the fixing of the national park "Müritz-Nationalpark" of 12 September 1990 (Special print No. 1468 of the Official Journal)

d)

Regulation on the establishment of the national park Hochharz of 12 September 1990 (Special pressure No 1469 of the Official Journal)

e)

Regulation on the establishment of the national park of Sächsische Schweiz of 12 September 1990 (Special pressure No 1470 of the Official Journal)

f)

Regulation on the establishment of protected areas and a protected landscape area with the overall title "Biosphere Reserve South-East Rügen" of 12 September 1990 (Special Pressure No 1471 of the Official Journal)

g)

Regulation on the establishment of protected areas and a protected landscape area of central importance with the overall designation "Biosphere Reserve Schorfheide-Chorin" of 12 September 1990 (Special print No. 1472 of the Official Journal)

h)

Regulation on the establishment of protected areas and a protected landscape area of central importance, with the overall designation "Biosphere Reserve Spreewald" of 12 September 1990 (Special Pressure No 1473 of the Official Journal)

i)

Regulation on the setting of nature reserves and a protected landscape area of central importance "The Middle Elbe Biosphere Reserve" of 12 September 1990 (Special Pressure No 1474 of the Official Journal)

j)

Regulation on the setting of nature reserves and a protected landscape area of central importance, with the overall designation "Biosphere Reserve Vessertal" of 12 September 1990 (Special print No. 1475 of the Official Journal)

k)

Regulation on the setting of protected areas and a protected landscape area of central importance, with the overall designation "Biosphere Reserve Rhön" of 12 September 1990 (Special Pressure No 1476 of the Official Journal)

l)

Regulation on the setting of nature reserves and a protected landscape area of central importance, with the overall designation "Naturpark Schaalsee" of 12 September 1990 (special print No. 1477 of the legislative report)

m)

Regulation on the setting of nature reserves and a protected landscape area of central importance as a natural park "Drömling" of 12 September 1990 (Special Pressure No 1478 of the Official Journal)

n)

Regulation on the establishment of protected areas and a protected landscape area of central importance as a natural park "Märkische Schweiz" of 12 September 1990 (Special print no. 1479 of the legislative code)

with the following conditions: the regulations apply with the proviso that they will not apply to the new construction, the extension and the maintenance of federal transport routes. In the implementation of the measures referred to above, account shall be taken of the protection of the regulations.

On Chapter XIV

(Business Unit of the Federal Minister for Regional Planning, Construction and Urban Development)

31.

Arrangement relating to the determination of rental prices and usage charges for commercial spaces and objects of 23 August 1990 (GBl. No 58 p. 1424), with the following proviso: the order shall not enter into force on 31 December 1990.

32.

a)

Arrangement on construction templates, construction tests and monitoring-BauVorl-/BauPrüf-/exercise AO-of 13 August 1990 (GBl. I n ° 57 p. 1400)

b)

Arrangement via combustion plants, plants for the distribution of heat and for hot water supply as well as fuel storage-firing arrangement-FeuAO-of 10 September 1990 (GBl. I n ° 62 p. 1557)

c)

Arrangement on the construction and operation of garages of 10 September 1990 (GBl. N ° 63 p. 1611), with the following conditions: the arrangements shall apply in the countries referred to in Article 1 (1) of the Treaty.

On Chapter XVI

(Business Unit of the Federal Minister for Education and Science)

33.

a)

First implementation provision for the regulation on participation and governance structures in schools-the formation of parents ' representatives-of 17 August 1990 (GBl). I No 60 p. 1471)

b)

Ordinance on the Establishment of Student Services of 18 September 1990 (GBl. I n ° 63 p. 1606)

c)

Regulation on higher education institutions (provisional university regulations) of 18 September 1990 (GBl. I n ° 63 p. 1585)

d)

Regulation on the principles and framework for general education and vocational schools-provisional school order-of 18 September 1990 (GBl. I n ° 63 p. 1579)

e)

Regulation on training for teaching staff of 18 September 1990 (GBl). I n ° 63 p. 1584)

with the following measures:

aa)

The implementing provisions and the Regulations shall enter into force with the effect of accession in the countries referred to in Article 1 (1) of the Treaty.

bb)

They shall remain in force until the adoption of other provisions of national law, but no later than 30 June 1991.

Unofficial table of contents

Species 4

The contract for the unification of Germany, signed in Berlin on 31 August 1990 (unification treaty), is amended as follows:

1.

In Annex I, Chapter III, Section III, Section III, No 14, Boost. (h) the words "until 31 December 1991" shall be replaced by the words " until the expiry of the provisions of Section 10 (1) of the Rehabilitation Act of 6 September 1990 (GBl). No 60 p. 1459) ".

2.

In Annex I, Chapter III, Section III, Section III, No 14, Boost. (h) the following double letter hh) is inserted:

" hh)

§ 311 (2) of the Criminal Procedure Code of the German Democratic Republic of 12 January 1968, as last amended by the 6. Law on Criminal Law of 29 June 1990 (GBl. I n. 39 p. 526) is as follows: " (2) The cassation is admissible only in favour of a convicted person. It may be carried out if:

1.

the decision is based on a serious breach of the law,

2.

the decision in the sentence of the sentence or in the ruling on the other legal consequences of the act is grossly inaccurate or not compatible with the rule of law. ' "

3.

Annex I, Chapter III, Section A, Section III, No 26, shall be amended as follows:

a)

(e) the following shall be inserted in accordance with d):

e)

In procedures which have been rehabilitated in accordance with the second section of the rehabilitation site of 6 September 1990 (GBl. No 60 p. 1459), the following shall apply:

aa)

In the first legal proceedings, § 83 (1) no. 2 shall apply in the appropriate way. If oral proceedings do not take place, § 84 shall apply mutatily.

bb)

In the appeal proceedings (§ 14 of the Rehabilitation Act), the provisions relating to the appeal procedure before the large Trial Chamber apply in accordance with the same provisions.

cc)

§ 89 shall apply with the proviso that the lawyer shall receive the fees for the proceedings in the first legal proceedings in the case of the proceedings.

d)

The present condition e) shall be determined in accordance with f).

4.

In Annex I, Chapter VIII, Section II (1) (e) (e) (e) (e) (249c) (29), the words 'for periods before accession' shall be replaced by the words 'for claims which have arisen before the date of entry into effect'.

5.

In Annex I, Chapter VIII, Section III, Section III, No 1, the number "56," shall be inserted before the number "87", in accordance with the provisions of Section III, point (k).

6.

In Annex I, Chapter X, Section II, Section II, point 21 (c), (cc), the words ", as amended by Order No 2 of 20 August 1990 (GBl), shall be the words", as amended by the brackets, in paragraph 1 and in paragraph 2. I No 59 p. 1450).

7.

In Annex I, Chapter XI, Section III, Section III, No 8, the words "1 January 1991" shall be replaced by the words "Effective date of accession".

8.

In Annex II, Chapter II, Section III, Section III, point 2 is replaced by the following: " Law on the tasks of the police of 13 September 1990 (GBl). I n ° 61 p. ...) with the following dimensions:

a)

This law shall remain in force until the entry into force of the police laws of the countries referred to in Article 1 (1) of the Treaty, but at the latest by 31 December 1991.

b)

With the effect of accession, § 81 shall be repeal.

9.

In Annex II, Chapter III, Section I, Section I, point 4 shall be adopted as follows: ' Regulation on the training of students who, before 1 September 1990, shall take part in the legal sections of the universities of the German Democratic Republic have been matriculated, of 5 September 1990 (GBl. I n ° 59, p. 1436).

10.

In Annex II, Chapter III, Section I, Section I, point 8 shall be taken as follows:

" 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. ...) ".

The previous No. 9 is omitted. The previous numbers 10 and 11 become points 9 and 10,

11.

Annex II, Chapter III, Section III, Section III, point (1), shall be taken as follows:

" f)

Rules on the local law are no longer required. They shall not apply even to legal relationships which have been entered into before the date of accession. "

12.

In Annex II, Chapter VIII, Section E, Section III (1) (a) (2) (dd), the following sentences 3 to 4 are inserted: " The Federal Minister of Labour and Social Affairs may, by means of a regulation which is not subject to the consent of the The Federal Council requires the retirement pension to be equivalent to old-age pensions, as far as this is necessary in order to avoid overlapping benefits, in the case of pension schemes which are granted on reaching special age limits or certain service periods. In doing so, he has to determine whether the wage replacement performance of the Employment Promotion Act is full or only up to the level of the supply power. " The previous sentence 3 will be set 5.

13.

In Annex II, Chapter VIII, Section III, point III, point (c), point (c) shall be taken as follows:

" (c)

the remuneration applicable to the calculation of the net remuneration shall be limited by the amount of the unemployment insurance ceiling applicable in the territory referred to in Article 3 of the Treaty, "

14.

In Annex II, Chapter VIII, Section III, Section III, point 2 (b), the following sentence shall be inserted after the first sentence: " § 22 shall apply with the proviso that, in the case of accident insurance, voluntary activities shall also apply to the State, to the health service and to the The second sentence of the second sentence will be set in the third sentence.

15.

In Annex II, Chapter VIII, Section III, Section III, point 8, the following measures e) and f) shall be added:

" 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 advantage 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). "

16.

In Annex II, Chapter VIII, Section III, Section III, point 3 is read as follows: " Articles 19 and 20 of the Law on the contractual designations of health insurance to the benefit providers-the contract law-of 13 September 1990 (GBl. 61 p. ...), the rules on non-refundable medicinal products and fixed amounts for medicinal products shall be valid until 31 December 1993. § 15 shall apply until 31 December 1991. "

17.

In Annex II, Chapter VIII, Section III, Section III, point 5, the conditions shall be deleted.

18.

In Annex II, Chapter VIII, Section III, Section III, point 9, the following shall be taken in accordance with the third sentence of paragraph 3 of this Article:

" 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 detriment of others has abused. "

19.

In Annex II, Chapter X, Section I, Section I shall be taken as follows:

" Section I

The following law of the German Democratic Republic remains in force: Maintenance Order 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).

20.

In Annex II, Chapter XIII, Section III, Section III, No 1, the words ' shall be replaced by the provisions of Regulation No 2 on postal service-2. Post-Order-of 20 June 1990 (GBl. 818) 'by the words' last amended by Order No 3 of 31 August 1990 (GBl). I n ° 59 p. 1451).

21.

In Annex II, Chapter XIII, Section III, Section III, No. 2, the words ', as amended by Regulation No 2 of 31 August 1990 (GBl), shall be taken in the introductory sentence after the clamp. I n ° 60 p. 1478).

Unofficial table of contents

Species 5

The contract for the unification of Germany signed in Berlin on 31 August 1990 (unification treaty) is corrected as follows:

1.

Annex I, Chapter III, shall be corrected as follows:

a)

Article 231 (2) (2) of the second sentence of Article 231 (2) (2) is taken as follows: " Article 55 (1) shall apply with the proviso that the register of associations shall be held by the bodies which, before the date of entry into force of the accession, shall be held in the courts of the Article 3 of the Treaty was responsible. "

b)

In Article 232 (9) of Section II (1) of Section II, the words 'on the day before accession' shall be replaced by the words 'on the date of the date of entry into force of accession'.

2.

In Annex I, Chapter IV, Section B, Section II, Section 2, point 5, sentence 1, the words 'change of the' shall be inserted before the words 'tax fixing'.

3.

In Annex I, Chapter VI, Section A, Section III, point 8 (a), the final half-sentence shall be taken as follows: ' if, in accordance with Article 7 (4) of the Medicinal Products Act of 27 November 1986 (GBl), it is to be understood that: No 37 p. 473) or in accordance with the Medicines Act of 5 May 1964 (GBl. I n ° 7 p. 101). "

4.

In Annex I, Chapter VIII, Section III, Section III, No 1, Buchst. (g) in duplicate, the words '1991' shall be replaced by 'the years 1990 and 1991' and the double ledst. cc) shall be deleted.

5.

Annex I, Chapter VIII, Section III, section III, shall be amended as follows:

a)

In Number 1, Buchst. (c) the number "771" shall be replaced by the number "769".

b)

In Number 1, Buchst. (c) paragraph 2, the last indent shall be as follows:

"-

Süddeutsche Eisen-und Stahl-Berufsgenossenschaft extends to the state of Thuringia and to the district Chemnitz of the state of Saxony. "

6.

Annex I, Chapter X, heading D, Section II, shall be amended as follows:

a)

In point 21a, Buchst. (b) in Section 28a (7) (3), the words "in the territory referred to in Article 3 of the Agreement" shall be deleted.

b)

In point 21a, Buchst. (b) the word "formerly" shall be deleted in Section 28a (9).

c)

In paragraph 33, in paragraphs 1, 3 and 4, the word 'genetic' shall be replaced by the word 'genetic'.

7.

In Annex II, Chapter III, Section I, Section I, Section 60 of the D-market balance sheet is taken as follows:

" § 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. '

8.

In Annex II, Chapter X, Part B, Section I, point 1 shall be taken as follows:

1.

Arrangement of 20 July 1990 on the establishment of the "Democratic Youth Foundation" (GBl). I n ° 60 p. 1473) "

9.

In Annex II, Chapter XIII, Section III, Section III, Section III, point 4 (b). (a) be taken as follows:

" (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).

Unofficial table of contents

Species 6

In the event of doubt or inconsistencies in the content of the contract or of its annexes, this Agreement shall be decisive. Unofficial table of contents

Species 7

This Agreement shall enter into force at the same time as the contract signed on 31 August 1990. Unofficial table of contents

Final formula

Bonn, 18 September 1990

For the Federal Republic of Germany

Schäuble

Berlin, 18 September 1990

For the German Democratic Republic

Günther Krause