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 Unless otherwise provided, a force shall not be entitled to exploit for economic benefit accommodation made available for its use.
1bis Measures necessary to meet national training standards of a force shall be among the measures referred to in the first sentence of paragraph 1 of Article 53.
2 Exploitation by the person entitled thereto shall be restricted only to the extent necessary to achieve the purpose stated in the first sentence of paragraph 1 of Article 53.
3 The term “restricted area” (Schutzbereich) shall be interpreted in accordance with its meaning in German law. The term “appropriate measures” within the meaning of paragraph 6 of Article 53 shall be construed to mean only such measures as can be taken by the German authorities within their legal powers.
4 Should German legislation implementing Article 53 prove insufficient to ensure that the defence responsibilities of a force can be satisfactorily fulfilled, the German authorities and the authorities of the force shall discuss the desirability or necessity of seeking amendment to such legislation.
4bis
a) The authorities of a force shall give the competent German authorities at federal, Land and local level all reasonable assistance necessary to safeguard German interests, including access to accommodation after prior notification, so that they can fulfill their official duties. The German Federal authorities responsible for the accommodation shall assist the authorities of the force on request. In emergencies and where there is danger in delay, the authorities of the force shall make immediate access possible without prior notification. The authorities of the force shall decide in each case whether they will accompany the German authorities.
b) In all cases access shall be subject to considerations of military security, in particular of the inviolability of classified areas, equipment and documents.
c) The authorities of the force and the German authorities shall arrange access in such a way that neither the safeguarding of German interests nor military exercises which are in progress or about to start are unreasonably prejudiced.
d) Should there be no agreement in the cases of sub-paragraphs a) to c) of this paragraph, the competent higher authorities on both sides shall be seized of the matter.
5 Co-operation between the authorities of a force and the German authorities in accordance with Article 53, and, if appropriate, in conjunction with Article 53A, shall extend in particular to the following fields:
(a) determination of land boundaries, production of site plans and survey documents of plots of land;
(b) drawing up of property lists and inventories, valuation of such property;
(c) public safety and order, including fire precautions (fire protection and assistance), disaster control, industrial safety (Arbeitsschutz), prevention of accidents and safety measures, such as those pertaining to rifle ranges, ammunition depots, fuel depots and dangerous plant;
(d) health and sanitation (as provided for in Article 54);
(e) industrial inspection;
(f) water, gas and electricity supply, drainage, and sewage disposal;
(g) property restrictions, protection of neighbouring property, town and country planning, protection of monuments and sanctuaries, and envrionmental protection, including any identification and evaluation of sites rendered hazardous by soil contamination;
(h) basic preservation of land and buildings;
(i) water, power and heating plants, where these serve not only the force but also German agencies or the civilian population;
(k) use of land and buildings by the civilian population or German authorities for business, agricultural or residential purposes;
(l) forestry operations, hunting, shooting and fishing;
(m) exploitation of mineral deposits;
(n) traffic precautions, as well as maintenance and cleaning of roads open to the public traffic;
(o) operation and maintenance of railway connections;
(p) telecommunications.
6 Co-operation between the authorities of a force and the Federal authorities responsible for the administration of accommodation shall be carried out in accordance with the following procedures:
a) The authorities of the force and the German authorities shall each designate representatives for a unit or units of accommodation. These representatives shall co-operate concerning the administration of accommodation to ensure that due consideration is given to the interests of the force and to German interests. The competencies of German technical authorities, particularly under paragraph Abis of this Section, shall remain unaffected.
b) The military commander responsible for the accommodation or other appropriate authority of the force shall give, in accordance with paragraph Abis of this Section, the German representatives all reasonable assistance.
c) Notwithstanding the provisions of sub-paragraphs a) and b) of this paragraph, the following procedures shall apply:
(i) The property lists and inventories of property referred to in sub-paragraph b) of paragraph 5 of this Section shall normally be set up or checked at the beginning and the end of the period for which a unit of accommodation is made available to the force for its use.
(ii) For co-operation in the field of safety measures in respect of rifle ranges, ammunition depots and fuel depots, joint commissions maybe established. Details shall be laid down in administrative agreements.
7 Where provisions of the Supplementary Agreement or special NATO regulations prescribe for certain accommodation a different procedure for co-operation in the fields referred to in paragraphs 5 of this Section, such provisions or regulations shall prevail.
- 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