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 The arrangements set forth in Article 63 shall not exclude the possibility of agreements being concluded on financial matters during discussions or negotiations which are envisaged in the Supplementary Agreement or in the NATO Status of Forces Agreement and in which financial matters play a part.
2 Property and services used by or rendered to a force or to a civilian component without charge in accordance with paragraphs 2 and 3 and sub-paragraph (a) and (b) of paragraph 4 of Article 63 may be officially made available by the force or by the civilian component to the dependents of the members of the force or of the civilian component in the same way as they may be officially made available to such members themselves.
3 Services rendered by the German Armed Forces in the meteorological, topographical, and cartographical fields shall be reserved to special arrangements.
4 Property legally owned by the Federation or by a Land (rechtlich im Eigentum des Bundes oder eines Landes stehend) shall not be deemed to include property owned by other juristic persons even though their shares are held by the Federation or by a Land.
5 The Federal Republic is prepared to ensure under special agreements to be concluded in individual cases that certain property owned by juristic persons whose shares are held by the Federation or by a Land shall be made available to a force or to a civilian component for use without any obligation on their part to pay rental therefor.
6 Property within the meaning of sub-paragraphs (a) and (b) of paragraph 4 of Article 63 may be transferred by a force or a civilian component to another force or another civilian component only with the consent of the German authorities.
7
(a) If it is so agreed between the German authorities and the authorities of a force, payment shall be made for the use of property acquired by the Federation after the entry into force of the Supplementary Agreement for purposes other than defence.
(b) If it is so agreed between the German authorities and the authorities of a force, the sending State shall not be relieved from liability for any possible claims which may be due to a Land under German law in respect of the use of property acquired by the Land after the entry into force of the Supplementary Agreement for purposes other than defence.
8 Other operating costs within the meaning of sub-paragraph (d) of paragraph 4 of Article 63 also include the following:
(a) the cost of
(i) cleaning and strewing roads, pavements, and access ways;
(ii) disposal of sewage and waste;
(iii) drainage;
(iv) chimney sweeping and measurements for reasons of emissions protection in conjunction with the operation of furnaces by the force;
(v) compulsory insurance against fire and other damage to property;
insofar as there is obligation under German law to meet such cost;
(b) where applicable, the cost of
(i) supply of electricity, gas, water, heat, and fuel, whether made available together with the property or separately obtained direct from the appropriate public supply services;
(ii) operation of lifts;
(iii) cleaning and disinfestation;
(iv) upkeep of gardens;
(v) employment of caretaker.
8bis
a) Other operating costs within the meaning of sub-paragraph d) of paragraph 4 of Article 63 include running costs of necessary measures within accommodation to prevent physical environmental damage.
b) A force or a civilian component shall in accordance with this paragraph bear costs arising in connection with the assessment, evaluation and remedying of hazardous substance contamination caused by it and that exceeds then applicable legal standards. These costs shall be determined pursuant to German law as applied in accordance with paragraph 1 of Article 53 or, where applicable, in accordance with Articles 41 or 52. The authorities of the force or of the civilian component shall pay these costs as expeditiously as feasible consistent with the availability of funds and the fiscal procedures of the Government of the sending State.
c) In the event of differences over the applicability of this paragraph to particular costs, the authorities of the force or of the civilian component shall consult with the German authorities; if necessary, they may conclude separate agreements pursuant to paragraph 1 of this Section.
9 In view of the fact that payment by a force of current public charges on property and of other operating costs may in some cases involve direct payment to the supplier of the services concerned (some of wich services are separately payable under German law and are not covered, or are not fully covered, by the current public charges on property) and in other cases reimbursement to the Federal Republic, arrangements shall to the extent necessary be made to make sure that there is no duplication of payment for the same service.
10 The arrangement set forth in sub-paragraph (d) of paragraph 4 of Article 63 and in paragraph 8 of this Section shall not exclude negotiations between the authorities of the force and the local German authorities with a view to obtaining exemption from fees where such services are performed by the force itself instead of by the competent German agencies,
11 As far as accommodation is concerned, the expression “cost of repairs and maintenance” contained in item (i) of sub-paragraph (d) of paragraph 4 of Article 63 shall mean costs arising from the repair and maintenance work referred to in paragraph 4 of Article 48 and in paragraph 6 of the Section of the Protocol of Signature referring to that Article.
12 Compensation payable under the Land Procurement Law (item (i) of sub-paragraph (a) of paragraph 5 of Article 63) includes the payments to be made in the case of procurement by free negotiation, in particular, the purchase price and rental.
- 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