1 The individual administrative units and establishments (Betriebe) of a force or of a civilian component as set up in the territory of the Federal Republic and defined by the force concerned shall be agencies within the meaning of the Federal Personnel Representation Law (Bundespersonalvertretungsgesetz) of 15 March 1974 (Bundesgesetzblatt 1974, Teil I. S. 693) with subsequent amendments, up to and including the amendment of 16 January 1991 (Gesetz über die Beteiligung der Soldaten und der Zivildienstleistenden - BG - vom 16. Januar 1991, Bundesgesetzblatt 1991, Teil I, S. 47), referred to in this Section as 'the Law'. Those headquarters which are administratively immediately subordinate to the highest service authority of a force and to which other agencies are administratively subordinate shall be the intermediate authorities. The highest service authority shall be the headquarters of a force, designated by the sending State concerned, exercising final authority over matters that are subject to works council participation. Where decisions are taken at levels above the highest service authority, the force shall ensure that timely information is provided to the works council.

2 In the case of duty travel performed by the members of a works council (Betriebsvertretung), travelling expenses shall be paid pursuant to the tariff provisions governing travelling expenses for salaried civilian employees of the force but at not less than the second highest rate.

3 In discussions with the works council, the head of the agency may be represented by a person holding a responsible position in the management of the agency and authorized to negotiate with the works council to the same extent as the head of the agency.

4 Application of those provisions of the Law which govern eligibility for works council office, and relate to length of employment with an agency, may be waived if so agreed by the majority of employees of a given agency and the head of such agency.

5 The head of the agency shall not be required to submit to the members of the works council, to the committee referred to in Section 93 of the Law and to the conciliatory committee any material which is classified for security reasons; the same shall apply to information therefrom. In order to perform its duties the works council may be granted access to secure areas to the extent necessary. Insofar as the regulations of the highest service authority of the force relating to military security preclude or restrict such access, access shall be granted under the same conditions under which the civilian labour is allowed access.

6

a)

(i) Insofar as in individual cases the right of co-determination provided for in the Law is incompatible with military interests particularly worthy of protection, the extent of the right of co-determination maybe restricted. The highest service authority shall communicate in writing the reasons for the restriction on the right of co-determination and shall specify the extent of such restriction. Where the disclosure of reasons would cause a danger of serious detriment to the security of the sending State or its force, the highest service authority may establish this by means of a formal declaration to be confirmed by the President of the Federal Labour Court.

(ii) In cases where accommodation is returned to the Federal Government, the application of the right of co-determination shall not prevent the return of such accommodation on the projected date notified by the force to the appropriate German authorities. In such cases, the appropriate German authorities shall conclude special arrangements to take over accommodation, even if it has not been completely vacated.

(iii)

(aa) The right of co-determination provided for in the Law with respect to the establishment, management and dissolution of social facilities, regardless of their legal form, shall apply only to social facilities maintained exclusively for civilian labour.

(bb) The right to co-determination provided for in the Law with respect to the layout of the workplace shall not apply where members of both the force or the civilian component and civilian labour are employed in the same facility or involved in the same programme, and the number of civilian labour involved does not predominate.

(iv) Insofar as the contents of personnel questionnaires for salaried employees and workers concern questions of military security, the co-operation procedures shall apply instead of co-determination provided for in the Law.

(v) The right of co-determination provided for in the Law with respect to assignments in accordance with Section 123 a of the Civil Service Framework Law (Beamtenrechtsrahmengesetz) shall not apply.

(vi) To the extent that matters are regulated by law or tariff agreement, or are usually regulated by agreement in accordance with sub-paragraph a) of paragraph 5 of Article 56, they are not subject to co-determination.

(vii) (vii) Co-determination shall not apply in respect to items 1 and 2 of paragraph 1 as well as item 13 of paragraph 3 of Section 75, and items 5 and 7 of paragraph 2 of Section 76 of the Law. This exclusion shall be reviewed immediately after 31 December 1994.

b) In those cases where the rights of co-determination are not applicable by virtue of sub-paragraph a) above, the co-operation procedure shall apply.

c) The conciliatory committee envisaged in the co-determination procedure shall consist of two members, one to be appointed by the highest service authority and one by the appropriate works council of that authority, as well as an impartial chairman to be agreed upon by both sides. If no agreement can be reached on the chairman, the appointment shall be made by the Secretary-General of the North Atlantic Treaty Organization, unless the parties jointly request the President of the Federal Administrative Court or the Secretary-General of the Western European Union to make the appointment. The highest service authority may insist upon the members of the conciliatory committee being cleared to handle classified material. At the request of the force or works council concerned, in appropriate circumstances, standing or ad hoc conciliatory committees may be established.

d) The conciliatory committee shall decide by resolution (Beschluss). It may meet the requests of the parties concerned only in part. Resolutions shall be passed by majority vote. Conciliatory committee decisions shall be within the framework of legal provisions, including the budgetary laws and regulations of the sending State, binding upon the highest service authority of the force.

7 The head of the agency shall submit administrative instructions to the works council for its co-operation in accordance with Section 78 of the Law prior to their being issued, except in circumstances in which paragraph 6 of Section 72 applies in conjunction with the fifth sentence of Section 69 of the Law.

8 Vervallen.

9 Where the Law provides for court decisions, the German Labour Courts shall decide cases in accordance with the procedure provided for in German law (Beschlussverfahren), and the Federal Republic shall act in the proceedings in the name of a force or a civilian component at their request.

10 At the request of a force or a civilian component, the agency designated by the Federal Republic shall apply for the institution of a criminal prosecution in respect of a breach of secrecy (Verletzung der Schweigepflicht) in accordance with Article 203, paragraph 2, sub-paragraph 3, and Article 353 b, paragraph 1, sub-paragraph 3, of the Penal Code.