Artikel Aanvullende Overeenkomst bij het Verdrag tussen de Staten die partij zijn bij het Noordatlantische Verdrag nopens de rechtspositie van hun krijgsmachten, met betrekking tot de in de Bondsrepubliek Duitsland gestationeerde buitenlandse krijgsmachten
1 Article 41 shall not be applicable to claims concerning damage arising under contracts or quasi-contractual relationships.
2
(a)
(i) In the case of damage to public roads and of damage to property of the Federal Republic, except property of the German Federal Railways and of the German Federal Post, caused by manoeuvres and other training exercises for which compensation would have been payable under Article 41, a force may, in lieu of paying such compensation, itself repair the damage.
(ii) If a force wishes itself to repair damage to public roads, it will consult the competent German authorities and will refrain from itself carrying out the repair if the German authorities object for cogent technical building or traffic police control reasons. In these cases and in other cases of damages referred to in item (i) of this sub-paragraph contact shall not be necessary in individual cases if previously there has been an understanding on carrying out of repairs by the force on a general basis.
(b) Nothing shall preclude a force itself making good the damage, in agreement with the person having suffered it, in cases other than those referred to in sub-paragraph (a) of this paragraph.
(c) In the cases referred to in sub-paragraphs (a) and (b) of this paragraph, nothing shall preclude the person suffering the damage asserting any possible claim to which he may be entitled if in his opinion the damage has not been repaired either fully or properly.
3 In order to permit speedy settlement of compensation proceedings, a reasonable period of time should be provided within which to file compensation claims under Article VIII of the NATO Status of Forces Agreement in conjunction with Article 41. To this end, the Federal Republic shall enact suitable legislation.
4 The waiver given by the Federal Republic in sub-paragraph (a) of paragraph 3 of Article 41 shall not apply to damage arising from non-fulfilment of the accepted responsibility for repair and maintenance. To the extent that the agreements (Überlassungsvereinbarungen) do not contain provisions for the settlement of such damage claims, the procedure for settling them shall be laid down in administrative agreements.
5 Insofar as property of juristic persons whose shares are in the hands of the Federation is made available free of charge to a force or a civilian component for exclusive use, the Federal Republic shall relieve the sending State of liability in respect of damages to this property to the same extent as the Federal Republic has waived, in accordance with sub-paragraph (a) of paragraph 3 of Article 41, compensation for damage to property which it owns.
6
(a) If in the cases referred to in the last sentence of sub-paragraph (a) of paragraph 3 and the last sentence of paragraph 5 of Article 41, there is a difference of opinion between the competent German authorities and the authorities of a force as to whether or not damage was caused wilfully or by gross negligence, the authorities on both sides shall enter into negotiations.
(b) If a difference of opinion remains that cannot be resolved in further discussions between the parties at higher level, the arbitrator referred to in sub-paragraph (a) of paragraph 2 of Article VIII of the NATO Status of Forces Agreement shall decide.
7 In respect of property owned by a Land and made available for use by a force (paragraph 4 of Article 41), the authorities of the force and the German authorities shall determine jointly the condition of such property as at the date of the entry into force of the Supplementary Agreement. A similar determination shall be made at the time of the release of such property. Claims for damages or loss, if any, shall be settled on the basis of the condition of the property on these dates.
8 The American Red Cross and the University of Maryland shall not be deemed to be, nor be treated as, integral parts of the force for the purpose of paragraph 7 of Article 41 and in respect of the settlement of damage claims shall not be exempt from German jurisdiction.
9 The administrative agreements referred to in paragraph 13 of Article 41 may also contain arrangements which differ from the procedural arrangements contained in Article VIII of the NATO Status of Forces Agreement.
- Regeling
- Aanvullende Overeenkomst bij het Verdrag tussen de Staten die partij zijn bij het Noordatlantische Verdrag nopens de rechtspositie van hun krijgsmachten, met betrekking tot de in de Bondsrepubliek Duitsland gestationeerde buitenlandse krijgsmachten
- Soort
- Verdrag
- Geldend vanaf
- 05-06-1998
- BWB-id
- BWBV0005381
- Versie
- 1998-06-05_0