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Nato Sofa Supplementary Agreement - Continued

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Article 50

Fixtures, fittings and furnishings which are owned by the Federation may be transferred within the Federal Republic from one unit of accommodation used by a force or a civilian component to another, subject to the following restrictions:

(a) Articles of this kind, including those procured from occupation costs, mandatory expenditures or support costs funds, which were included in the construction costs of accommodation used by a force or a civilian component, shall be removed from such accommodation only with the consent of the German authorities.

(b) The consent of the German authorities shall equally be obtained before fixtures, fittings and furnishings which have been affixed to, or specially made to measure for, a specific unit of accommodation are removed. This shall not apply where such articles were procured from occupation costs, mandatory expenditures or support costs funds; however, the authorities of a force or of a civilian component shall, prior to the removal of such articles, give the German authorities timely notification of their intention so as to enable the latter, in appropriate cases, to propose an alternative solution.

Re Article 50

1. Nothing in Article 50 shall be construed to mean that the removal from one unit of accommodation to another of fixtures, fittings and furnishings which are not owned by the Federation is admissible without the owner's consent.

2. In cases where the building records are no longer available, the authorities of the force or of the civilian component and the German authorities shall jointly determine, in accordance with criteria applicable to buildings of the same type, which articles fall within the purview of subparagraph (a) of Article 50.

Article 51

1. Movable property procured from occupation costs, mandatory expenditures or support costs funds shall, when the authorities of a force or of a civilian component establish that such property is no longer required by them, be handed over to the German authorities for disposal.

2. Agreements in derogation of the provision in paragraph 1 of this Article may be reached concerning the sale or other forms of disposal of such movable property. Net receipts from such disposal shall accrue to the Federal Republic.

3. Movable property of the kind referred to in paragraph 1 of this Article may be removed from the Federal territory only if necessary to the fulfillment of the defense mission of NATO. Except as otherwise provided in paragraph 4, removal shall be governed by the following provisions:

(a) The German authorities shall be given prior, in urgent cases subsequent, notification of the removal.

(b) Notification to the German authorities shall not be required in the case of

(i) removal of articles of minor purchase value;

(ii) temporary removal of articles incidental to maneuvers or activities of a force requiring frequent and repeated crossings of the borders of the Federal Republic.

4. Any removal of property of the kind referred to in paragraph 1 of this Article in connection with the transfer of units of a force for the purpose of reduction or complete withdrawal of the force shall be the subject of special agreements.

5. Paragraphs 1 and 2 of this Article shall remain unaffected in cases involving removal from the Federal territory; they shall apply equally where movable property of the kind referred to in paragraph 1 is no longer necessary to the fulfillment of the defense mission of NATO.

6. Fixtures, fittings and furnishings belonging to accommodation and procured from occupation costs, mandatory expenditures or support costs funds shall not be removed from the Federal territory.

7. Details shall be the subject of administrative agreements.

Re Article 51

1. If it is uneconomical to return an article to the Federal territory, for instance if transportation costs exceed its value, agreement to the sale of such article abroad shall be given by the German authorities.

2. The removal from the Federal territory to Berlin (West) of movable property procured from occupation costs, mandatory expenditures or support costs funds for use by the Armed Forces of the sending State shall not be regarded as removal from the Federal territory within the meaning of Article 51. Property removed to Berlin (West) shall be subject to the provisions of paragraphs 1 and 2 thereof. Its further removal elsewhere, except its return to the Federal territory, shall be subject to the provisions of paragraphs 3 and 4 thereof.

3. Notwithstanding the special status enjoyed by the Saarland during the transitional period provided for in paragraph 2 of Article 1 and in Article 3 of the Treaty between the French Republic and the Federal Republic of Germany on the Settlement of the Saar Question, dated 27 October 1956, in the field of customs, taxes and foreign currency, the provisions of Article 51 shall apply to movable property procured from occupation costs, mandatory expenditures or support costs funds, located in the Saarland, as well as to its removal from the Saarland to places outside the Federal Republic. The provisions of Article 51 shall, until the expiry of the transitional period referred to in this paragraph, apply mutatis mutandis to the removal of such property from other parts of the Federal territory to the Saarland.

4. The words "necessary to the fulfillment of the defense mission of NATO"contained in paragraph 3 of Article 51 shall not be construed as calling for a specific NATO directive.

5. Registration contracts in respect of railway cars concluded under paragraph 2 of Article 57 of the Supplementary Agreement shall, unless it is otherwise agreed, remain effective even if such railway cars are removed from the Federal territory pursuant to paragraph 3 of Article 51.

6. The agreements specified in paragraph 4 of Article 51 shall be concluded in the spirit of the mutual aid envisaged by Article 3 of the North Atlantic Treaty.

Article 52

1. Where a sending State intends to release in whole or in part accommodation or other property legally owned by the Federation or a Land (rechtlich im Eigentum des Bundes oder eines Landes stehend) and made available to the force or to the civilian component for use, agreement shall be reached between the authorities of the force or of the civilian component and the German authorities concerning the residual value, if any, remaining at the time of release in improvements which were financed by the sending State out of its own funds. The sending State shall be reimbursed by the Federal Republic for such agreed residual value. The first and second sentences of this paragraph shall also apply to equipment and supplies procured by the sending State with its own funds and which by agreement are to remain on such accommodation.

2. Payment under paragraph 1 of this Article shall not be made to the extent that compensation for damage caused to accommodation or other property by the sending State is payable under Article 41 of the present Agreement or would have been payable if the claim had not been waived or the sending State had not been relieved of liability for such claims under that Article.

3. A sending State shall not be required to remove improvements, articles of equipment, or supplies from accommodation or other property legally owned by the Federal Republic or by a Land (rechtlich im Eigentum des Bundes oder eines Landes stehend). Where the accommodation or other property is legally owned by a Land, the Federal Republic shall relieve the sending State from the liability for any possible claim that may be due to the Land under German law by reason of such non-removal.

4. A sending State shall not assert any claim in respect of the residual value of improvements to property of the kind referred to in paragraph 1 of this Article or in respect of improvements to property made available to the force or to the civilian component for use free of charge and owned by juristic persons in which the Federation or a Land financially participates, if the improvements have been financed out of funds made available to the sending State by the Federation or a Land. This shall not affect the setting off of the residual value of such improvements against compensation for damage caused during the period of use of such property by the force or the civilian component or during the removal of such improvements.

Re Article 52

In reaching agreement on residual value, the German authorities shall base their position on the military or economic use which the relinquished improvements, equipment, or supplies have for these authorities themselves, or on the net proceeds of sale, if any.

Article 53

1. Within accommodation made available for its exclusive use, a force or civilian component may take all the measures necessary for the satisfactory fulfillment of its defense responsibilities. German law shall apply to the use of such accommodation except as provided in the present Agreement and other international agreements, and as regards the organization, internal functioning and management of the force and its civilian component, the members thereof and their dependents, and other internal matters which have no foreseeable effect on the rights of third parties or on adjoining communities or the general public. The competent German authorities and the authorities of a force shall consult and cooperate to reconcile any differences that may arise.

2. The first sentence of paragraph 1 of this Article shall apply mutatis mutandis to measures taken in the air space above accommodation, provided that measures which might interfere with air traffic are taken only in coordination with the German authorities. The provisions of paragraph 7 of Article 57 of the present Agreement shall remain unaffected.

2bis. The use of major training areas, local training areas and local firing ranges by units brought to the Federal Republic for exercise and training purposes shall be subject to prior notification to the competent German authorities for approval. Such use shall be deemed approved unless the German authorities object within 45 days of receiving notification. However, notification alone shall suffice for units of the forces of a notifying State of up to 200 personnel which belong organically to a unit stationed in the Federal Republic, or which are intended for reinforcement of units stationed in the Federal Republic. For purposes of this Article, notice given to German authorities during scheduling conferences shall suffice. Additional agreements may be concluded.

2ter. Details of the use of major training areas, air-to-ground weapons ranges, local training areas and local firing ranges, as well as the notification and approval set out in paragraph 2bis, shall be covered by administrative agreements to be reached at the national level.

3. In carrying out the measures referred to in paragraph 1 of this Article, the force or the civilian component shall ensure that the German authorities are enabled to take, within the accommodation, such measures as are necessary to safeguard German interests.

4. The German authorities and the authorities of the force or of the civilian component shall cooperate to ensure the smooth implementation of the measures referred to in paragraphs 1, 2 and 3 of this Article. The details of such cooperation are set forth in paragraphs 5 to 7 of the Section of the Protocol of Signature referring to this Article.

5. Where accommodation is used jointly by a force or a civilian component and the German Armed Forces or German civilian agencies, the regulations required for such use shall be laid down in administrative agreements or in special agreements in which appropriate consideration shall be given to the position of the Federal Republic as receiving State as well as to the defense responsibilities of the force.

6. In order to enable a force or a civilian component satisfactorily to fulfil its defense responsibilities, the German authorities shall take appropriate measures, at the request of the force to

(a) establish restricted areas (Schutzbereiche);

(b) supervise or restrict construction, cultivation and movement in the vicinity of accommodation made available to the force for its use.

Re Article 53

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 Articles 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 defense 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 fulfil 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 subparagraphs (a) to (c) of this paragraph, the competent higher authorities on both sides shall be seized of the matter.

5. Cooperation 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 neighboring property, town and country planning, protection of monuments and sanctuaries, and environmental 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. Cooperation 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 cooperate 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 4bis 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 4bis of this Section, the German representatives all reasonable assistance.

(c) Notwithstanding the provisions of subparagraphs (a) and (b) of this paragraph, the following procedures shall apply:

(i) The property lists and inventories of property referred to in subparagraph (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 cooperation in the field of safety measures in respect of rifle ranges, ammunition depots and fuel depots, joint commissions may be 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 cooperation in the fields referred to in paragraph 5 of this section, such provisions or regulations shall prevail.

Article 53A

1. Where German law applies in connection with the use of accommodation covered by Article 53 of the present Agreement, and requires that a special permit, license or other form of official permission be obtained, the German authorities shall, in cooperation with the authorities of a force and following consultation with them, submit the necessary applications and undertake the relevant administrative and legal procedures for the force.

2. The provisions of paragraph 1 of this Article shall also apply when the decision is contested by a third party, when measures or facilities are noticeable, and in cases where the proceedings are instituted ex officio, in particular to safeguard public safety and order, or at the instigation of a third party. In these instances German Federal authorities acting for the force shall defend the interests of the force. If a permission applied for under paragraph 1 of this Article is denied or is subsequently modified or rendered invalid in conformity with German law, the authorities of the force and the German authorities shall consult to develop alternative means of meeting the needs of the force consistent with the requirements of German law.

3. The authorities of the force shall act in strict conformity with the terms and requirements of a legally effective decision taken in accordance with paragraphs 1 and 2 of this Article. They shall cooperate closely with German authorities to ensure that this obligation is fulfilled. Such a decision shall not be subject to enforcement.

Article 54

1. Except as otherwise provided in this paragraph, the German regulations and procedures for the prevention and control of infectious diseases of humans, animals and plants as well as for the prevention and control of plant pests shall apply to a force and a civilian component. A force may apply its own regulations and procedures in the fields referred to in the preceding sentence within accommodation made available for its use as well as to its members, members of its civilian component and dependents provided that neither public health (öffentliche Gesundheit) nor the cultivation of plants is endangered thereby.

2. The authorities of a force and the German authorities shall promptly inform each other of the outbreak, or suspected outbreak, development and elimination of an infectious disease, as well as of the measures taken.

3. If the authorities of a force deem it necessary to take health protection measures in the vicinity of accommodation made available for its use, they shall reach agreement with the German authorities regarding the execution of such measures.

4. Where German law prohibits the importation of certain articles, these articles may, with the approval of the German authorities, and provided that neither public health nor the cultivation of plants is endangered thereby, be imported by the authorities of a force. The German authorities and the authorities of the force shall agree on categories of articles the import of which is approved by the German authorities under this provision.

5. The authorities of a force may, with the approval of the German authorities, carry out the examination and control of articles imported by them. They shall ensure that neither public health nor the cultivation of plants is endangered as a result of the importation of such articles.

Re Article 54, paragraph 1

In cases where it is legally or technically impossible for a force or a civilian component to comply in detail with a German health regulation, the German authorities and the authorities of the force shall agree without delay on other means of meeting the object of the regulation.

Article 54A

1. The sending States recognize and acknowledge the importance of environmental protection in the context of all the activities of their forces within the Federal Republic.

2. Without prejudice to the respect for and application of German law pursuant to the present Agreement, the authorities of a force and of a civilian component shall examine as early as possible the environmental compatibility of all projects. In this context they shall identify, analyze and evaluate potential effects of environmentally significant projects on persons, animals, plants, soil, water, air, climate and landscape, including interactions among them, as well as on cultural and other property. The objective of the examination shall be to avoid environmental burdens and, where detrimental effects are unavoidable, to offset them by taking appropriate restorative or balancing measures. In this connection, the authorities of a force and of a civilian component may call upon the assistance of German civil and military authorities.

Article 54B

The authorities of a force and of a civilian component shall ensure that only fuels, lubricants and additives that are low-pollutant in accordance with German environmental regulations are used in the operation of aircraft, vessels and motor vehicles, insofar as such use is Compatible with the technical requirements of such aircraft, vessels and motor vehicles. They shall further ensure that, with respect to passenger and utility motor vehicles, especially in the case of new vehicles, the German rules and regulations for the limitation of noise and exhaust gas emissions shall be observed to the extent this is not excessively burdensome. The competent German authorities and the authorities of the force and of the civilian component shall consult and cooperate closely in the application and supervision of these provisions.

Article 55

1.(a) Defensive works required to execute NATO plans for common defense within the areas for the defense of which the authorities of a force are responsible shall be planned and executed by agreement between the authorities of the force and the Federal authorities.

(b) The work shall be carried out by the German authorities in liaison with the authorities of the force. However, where there is a special need for secrecy or security, the force shall have the right, after appropriate consultation and at sites agreed upon with the Federal authorities, to carry out such work with its own personnel or with non-German specialists.

2. The Federal authorities and the authorities of a force shall cooperate to ensure that defensive measures necessary to meet defense requirements are prepared and carried out adequately and in good time.

Article 56

1.(a) German labor law, including industrial safety law (Arbeitsschutzrecht), as applicable to civilian employees working with the German Armed Forces, with the exception of decrees regulating working conditions (Dienstordnungen), shop agreements (Dienstvereinbarungen) and tariff regulations, shall apply to employment of civilian labor with a force or a civilian component except as otherwise provided in this Article and the Section of the Protocol of Signature referring to this Article.

(b) When seeking employment with an authority of a force or of a civilian component, the applicant shall be exclusively responsible, if so required, for furnishing proof that he has not been convicted of any offence. If the applicant cannot obtain a police certificate (Führungszeugnis), the German authorities shall, in accordance with the provisions of German law, provide him with an extract from the penal register if he presents a certificate from the force or the civilian component that he has applied for employment and if the issue of such extract does not endanger any essential German interests.

(c) Deleted.

(d) Transfers for duty reasons within the Federal Republic shall require the written consent of the civilian employee; such consent may be given at any time.

(e) Deleted.

(f) Employment of civilian labor with a force or a civilian component shall not be deemed employment with the German public service.

2.(a) The second sentence of paragraph 1 of Section 9 of the Dismissal Protection Law (Kündigungsschutzgesetz) shall apply provided that the employer's application may also be based on the ground that the continuation of employment is precluded by military interests particularly worthy of special protection. The highest service authority may establish credibility (Glaubhaftmachung) for military interests which are particularly worthy of protection; in this case the proceedings before the court shall be held in camera. Where the disclosure of reasons might cause a danger of serious detriment to the security of the sending State or of its force, the highest service authority of the force, in concert with the Chief of the Federal Chancellery (Chef des Bundeskanzleramts), may establish credibility by means of a formal declaration.

(b) The highest service authority within the meaning of this paragraph shall be the highest agency located in the Federal Republic of Germany that is administratively responsible for the employing agency of the person under notice.

(c) This paragraph shall not apply to members of works councils Betriebsvertretungen).

3. The provisions of German law concerning social insurance, including accident insurance, unemployment insurance and children's allowance shall apply to labor working with a force or a civilian component. The Federal Republic shall be the accident insurance carrier.

4. German civilian labor working with a force or a civilian component shall only be engaged in services of a non-combatant nature including civilian guard duties.

5. The German authorities, in agreement with the authorities of a force or of a civilian component, shall

(a) establish the terms and conditions of employment, including wages, salaries and job groupings, which shall serve as the basis for individual employment contracts, and shall conclude tariff agreements;

(b) regulate payment procedure.

6. The authorities of a force or of a civilian component shall, in respect of the employment of labor, including members of civilian service organizations, have the right of engagement, placement, training, transfer, dismissal and acceptance of resignations.

7.(a) The authorities of a force or of a civilian component shall determine the number of jobs required and classify such jobs in accordance with the job groupings established under subparagraph (a) of paragraph 5 of this Article. The individuals to fill such jobs shall be classified by the authorities of the force or of the civilian component into the appropriate wage or salary groups.

(b) Deleted

8. Disputes arising out of employment or social insurance shall be subject to German jurisdiction. Lawsuits against the employer shall be filed against the Federal Republic. Lawsuits on behalf of the employer shall be instituted by the Federal Republic.

9. The provisions of German law concerning personnel representation as applicable to the civilian employees of the German Armed Forces shall apply to the employees' representation of civilian labor of a force or of a civilian component unless otherwise provided in the Section of the Protocol of Signature referring to this Article.

10. Where the German authorities carry out administrative work in respect of the employment of labor by a force or a civilian component and of its remuneration, the actual costs of such administrative work shall be reimbursed by the force. The procedures therefor shall be regulated by separate agreements between the German authorities and the authorities of each force. In consultation with the appropriate authorities of the force, the German authorities shall adhere to the principles of economic efficiency in carrying out the administrative work.

Re Article 56, paragraph 1

1. The application of industrial safety provisions by the force and the civilian component shall be governed by:

(a) paragraphs 3 and 4 of Article 53 as well as paragraphs 5 and 6 of the Section of the Protocol of Signature referring to Article 53, in particular in matters of cooperation;

(b) paragraph 4bis of the Section of the Protocol of Signature referring to Article 53, in particular in matters of support, including access to accommodation; and

(c) Article 53A, in particular in respect of administrative decisions.

2. To the extent that agencies designated by the Federal Minister of Defense perform the functions of industrial inspection agencies (Gewerbeaufsichtsämter) with regard to the German Armed Forces, those agencies, in cooperation with the authorities of the force and of the civilian component in accordance with paragraph 1 of this Section, shall also be competent for civilian labor with a force or a civilian component.

3. Exemptions applicable for facilities of the German Armed Forces shall also be applicable for facilities of a force or of a civilian component.

4. Facilities built or installed prior to the entry into force of the Agreement of 18 March 1993 to amend the present Agreement shall remain subject to the provisions applicable hitherto as regards technical requirements. This shall not apply where facilities undergo substantial modification, or where their use is changed significantly, or where, because of the nature of their operation, avoidable risks to the life or health of third parties, especially civilian labor, are to be anticipated.

Re Article 56, paragraph 3

Accident prevention regulations under German law shall be taken into account only to the extent that a force or civilian component has not issued corresponding accident prevention directives. When promulgating accident prevention directives, and with respect to other questions regarding accident prevention, the force or civilian component shall seek the advice of the competent German authorities. Where these authorities find that accident prevention directives appear to be inadequate, consultations in accordance with the third sentence of paragraph 1 of Article 53 shall take place.

Re Article 56, paragraph 5

The competence of German authorities to regulate payment procedures shall not preclude the conclusion of agreements between these authorities and the authorities of a force or of a civilian component, whereby the calculation and payment of the remuneration of civilian labor is performed by agencies other than German authorities.

Re Article 56, paragraph 9

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 of Germany and defined by the force concerned shall be agencies within the meaning of the Federal Personnel Representation Law (Bundespersonalvertretungs-gesetz) of 15 March 1974 (Bundesgesetzblatt Teil I, page 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. ** Amendment concluded on 16 May 1994 at Bonn, legally not yet effective)**

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 labor 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 may be 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 Labor 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 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 labor.

(bb) The right of 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 labor are employed in the same facility or involved in the same program, and the number of civilian labor involved does not predominate.

(iv) Insofar as the contents of personnel questionnaires for salaried employees and workers concern questions of military security, the cooperation 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 123a 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 subparagraph (a) of paragraph 5 of Article 56, they are not subject to co-determination.

(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 subparagraph (a) above, the cooperation 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 highest service regulations of the sending State, binding upon the authority of the force.

7. The head of the agency shall submit administrative instructions to the works council for its cooperation 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. Deleted.

9. Where the Law provides for court decisions, the German Labor 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, subparagraph 3, and Article 353b, paragraph 1, subparagraph 3, of the Penal Code.

Article 57

1.(a) A force, a civilian component, their members and dependents shall, subject to the approval of the Federal Government, have the right to enter the Federal Republic or to move within and over the Federal territory in vehicles, vessels and aircraft; transports and other movements within the scope of German legal provisions, including the present Agreement and other international agreements to which the Federal Republic and one or more of the sending States are party, as well as related technical arrangements and procedures, shall be deemed to be approved. Insofar as special permits and exceptional permits as well as exemptions from legal provisions governing the transport of hazardous material are required for military movements and transports, they shall be obtained by the competent agencies of the German Armed Forces.

(b) The competent agencies of the German Armed Forces shall coordinate the representation of the military interests of the forces in traffic matters vis-à-vis civilian authorities. They shall also coordinate the execution of military traffic movements of the sending States with each other and with civilian traffic. The manner and extent of such coordination shall be arranged between the authorities of the forces and the German Armed Forces. Where such arrangements have not been concluded, the forces shall notify military movements by road and by rail to the competent agencies of the German Armed In respect of military air traffic, normal procedures shall apply.

2. The operating rights of the German railways shall remain unaffected. The registration and movement of freight cars and passenger cars of a force as well as the admittance of locomotives of the force shall be governed by registration contracts or administrative agreements to be concluded between the authorities of the force and the German railway authorities.

3. A force, a civilian component, their members and dependents shall, unless otherwise provided in the present Agreement, observe German traffic regulations, including regulations concerning behavior at the scene of an accident, as well as regulations on the transport of hazardous material. Observance of such regulations shall be supervised by the competent authorities. In order to facilitate the control of the observance of these regulations, this supervision may be conducted jointly. The conduct of such supervision may be regulated by local arrangements. Existing arrangements shall continue to apply unless revised.

4.(a) Deviations from German regulations governing conduct in road traffic shall be permitted to a force in accordance with German law. In the event of future changes in German laws or regulations concerning road traffic, deviations required by military exigency shall take place in accordance with procedures agreed between the authorities of a force and the competent German authorities.

(b) Agreements shall be concluded between the authorities of a force and the German authorities regarding the designation and use of a road network for military traffic by vehicles and trailers, the dimensions, axle loads, total weight or number of which exceed limitations under German traffic regulations. The operation of such vehicles and trailers on roads not within the agreed network shall be carried out only with the permission of the competent German authorities. In case of accidents, catastrophes, state of emergency or by prior agreement between the authorities concerned, permission of the competent German authorities is not necessary.

5. The authorities of the sending State shall observe basic German transportation safety regulations. Within that framework, they may apply their own standards to the design, construction and equipment of vehicles, trailers, inland water vessels or aircraft. The German authorities and the authorities of the force shall consult closely on the implementation of this provision.

6. A force and a civilian component shall be allowed to use civilian airfields and other landing areas not made available for their exclusive use for landing military aircraft only in cases of emergency or in accordance with administrative agreements or other arrangements concluded with the competent German authorities.

7. Deleted.

8. All air traffic control and related communications systems developed and operated by the German authorities and by the authorities of the forces shall be coordinated to the extent necessary to ensure air traffic safety and the common defense.

Re Article 57, paragraph 3

During the thaw period any special road signs erected by the German authorities or special orders issued by the latter shall be observed except in cases of accidents, catastrophes or a state of emergency.

Article 58

1. A force, a civilian component, their members and dependents shall be entitled to use publicly and privately owned German transport facilities and services which serve the needs of public transport in the Federal Republic. Unless otherwise agreed, the exercise of this right shall be subject to the generally applicable transportation regulations.

2.(a) Tariffs applicable to a force and a civilian component for the use of the transport facilities and services referred to in paragraph 1 of this Article shall be not less favorable than those applicable to the German Armed Forces. Such tariffs shall be fixed for approved by the competent German authorities in accordance with German transportation legislation. The authorities of the force shall have the right to participate in negotiations with the carriers concerning military tariffs. When, in respect of transportation services for a force and its civilian component, special conditions arise for which the military tariffs do not provide, the German authorities shall, after negotiations between the authorities of the force and the carriers, make suitable additions to the military tariffs within the scope of their legal powers.

(b) Military tariffs shall be computed on the basis of a simplified scheme, which shall take into account the special character of military traffic and facilitate their application by a force or a civilian component.

(c) The overall effect of the application of military tariff rates shall result in no less favorable treatment for a force or a civilian component than would have resulted from the application of public tariff rates including relevant special tariffs.

3. The Federal Republic shall give sympathetic consideration to requests by a force for construction of additional facilities or for modification of existing facilities, where the transportation requirements of the force cannot otherwise be met.

4. The German authorities shall, where necessary, take appropriate steps within their competence to ensure that requirements of a force with respect to tank cars, sleeping and dining cars will be satisfied on reasonable terms by contractual arrangements between the authorities of the force and the enterprises which provide such services on a commercial basis to other users.

Re Article 58

The limited use, by the military transport services of a force, of specialized internal telephone systems operated by German agencies may be continued, subject to the conclusion of administrative agreements, provided that

(a) the number of existing extensions shall not be increased;

(b) this number shall be jointly reviewed immediately after the entry into force of the Supplementary Agreement, and shall be reduced as far as possible;

(c) by mutual agreement the number of extensions shall subsequently be progressively reduced and these extensions finally discontinued as and when the technical development of the public telephone system or of an alternative military system renders such exceptional use unnecessary.

Article 59

1.(a) A force may establish and operate post offices for the postal and telegraphic services of the force, the civilian component, their members and dependents.

(b) In particular, the forces post offices may

(i) receive from outside the Federal territory,

(ii) dispatch to destinations outside the Federal territory and to other forces post offices within the Federal territory,

(iii) carry within the Federal territory open or closed mails

open or closed mails of the force, the civilian component, their members and dependents.

(c) Postal remittance facilities shall be restricted to traffic between forces post offices and between such offices and other post offices of the sending State concerned.

2. The forces post offices may dispatch to the German Federal Post or receive from the German Federal Post open or closed mails of the force, the civilian component, their members and dependents. International agreements applicable between the Federal Republic and the sending State concerned shall apply to postal transactions between the forces post offices and the German Federal Post unless special agreements are concluded between the German authorities and the authorities of the force with regard to postal charges or particular services. Exchange offices shall be established by mutual agreement.

3. Mail posted at forces post offices may bear stamps of the sending State concerned.

4. Where a unit of a force does not operate forces post offices, such unit, its civilian component, their members and dependents may use the postal services of another force. Where such use is to be permanent or of long duration, the German Federal Post shall be informed as soon as possible.

Article 60

1. Insofar as this Article does not provide otherwise, a force, a civilian component, their members and dependents, shall use the public telecommunications systems of the Federal Republic. Subject to other arrangements provided for by administrative agreement, such use shall be governed by the German regulations in force at the time. In the application of such regulations, the treatment accorded to a force shall be no less favorable than that accorded to the German Armed Forces.

2. To the extent required for military purposes a force may set up, operate, and maintain:

(a) telecommunication facilities (except radio installations) within accommodation used by it;

(b) radio stations for fixed services, subject to prior consultation with the German authorities;

(c) facilities for mobile radio services and radio location services;

(d) other radio receiving facilities;

(e) temporary telecommunication facilities of any kind for training exercises, maneuvers, and in cases of emergency, in accordance with procedures agreed upon with the German authorities.

3.(a) With the consent of the German authorities a force may set up, operate, and maintain wire telecommunication facilities outside accommodation used by it if

(i) compelling reasons of military security exist, or

(ii) the German authorities are either not in a position to provide, or forgo the provision of, the facilities required.

(b) Expeditious procedures for obtaining the consent of the German authorities shall be ensured by administrative agreement.

4.(a) A force may continue to operate and maintain telecommunication facilities taken into use under then existing regulations prior to the entry into force of the present agreement.

(b) Deleted.

5.(a) A force shall have the right to operate its own sound and television broadcasting stations for the force, the civilian component, their members and dependents, provided that such stations do not adversely affect German broadcasting services in an unreasonable manner. Subject to this condition, existing broadcasting stations of this type may continue in operation. Additional stations may be established and operated only with the agreement of the German authorities.

(b) A force, a civilian component, their members and dependents, may set up and operate sound and television broadcast receiving apparatus free of charge and without individual licenses, provided no electromagnetic interference is caused to radio communication services.

6. Radio frequencies together with their specific data shall be governed by the provisions of paragraph 5 of the Section of the Protocol of Signature referring to this Article.

7.(a) Telecommunication facilities established by a force may be interconnected with the public telecommunication networks of the Federal Republic.

(b) Telecommunication facilities of the force for interconnection with the public telecommunication networks of the Federal Republic, as well as radio installations, shall meet the basic requirements laid down in German legal regulations. Existing special features shall be taken into consideration for a transitional period. The transitional period shall not be terminated without mutual agreement between the forces and the German authorities.

(c) Exceptions to the principle referred to in subparagraph (b) of this paragraph shall only be permissible

(i) for telecommunication facilities already in the possession of the force or being procured upon entry into force of the Agreement of 18 March 1993 to amend the present Agreement, or

(ii) on the basis of special agreements between the force and the Federal Minister of Posts and Telecommunications.

Any questions of liability arising as a result thereof shall be settled in conformity with the provisions of existing agreements.

8.(a) In establishing and operating telecommunication facilities, a force shall observe the provisions of the International Telecommunication Convention, done at Nairobi on 6 November 1982, or of such other instrument as may replace it and any other international instruments in the field of telecommunications binding on the Federal Republic.

(b) A force shall be exempt from the provisions referred to in subparagraph (a) of this paragraph to the extent that such exemption is granted to the German Armed Forces under German domestic regulations.

(c) In concluding future international agreements in the field of telecommunications, the German authorities shall, after consultation with a force, give adequate consideration to the telecommunication requirements of the force.

9.(a) A force shall take all measures which can reasonably be expected of it to avoid or eliminate interference caused to German telecommunication services by the telecommunication or other electrical facilities of the force.

(b) The German authorities shall within the scope of German regulations take all measures which can reasonably be expected of them to avoid or eliminate interference caused to the telecommunication services of a force by German telecommunication or other electrical facilities.

10. At the request of a force, the Federal Minister of Posts and Telecommunications shall, within his sphere of responsibility, advocate the interests of the force in the interpretation and application of this Article.

Re Article 60

1. Deleted.

2. Aeronautical and meteorological services fall within the category of radio services referred to in subparagraphs (b) and (c) of paragraph 2 of Article 60.

3. Deleted.

4. The right mentioned in subparagraph (a) of paragraph 5 of Article 60 to set up and operate sound and television broadcasting stations does not affect the question of copyright.

5.(a) A force shall use only the frequencies assigned to it by the German authorities. The authorities of the force shall notify the German authorities of frequencies no longer required. If, by reason of international obligations, international relations, or essential German interests, the German authorities deem it necessary to change or withdraw a frequency assignment, they shall, before doing so, consult the authorities of the force.

(b) The procedure for the assignment of frequencies, for changes or withdrawals of frequencies already assigned and for an accelerated assignment of frequencies for temporary use in maneuvers shall be laid down by special agreement between the German Federal authorities and the authorities of a force represented in the Consultative Working Group on Radio Frequencies (CWG) or its successor. Such agreement shall be in accordance with relevant North Atlantic Treaty Organization procedures, directives and recommendations.

(c) Measures for the protection of frequencies through the competent North Atlantic Treaty Organization authority shall be initiated by the force concerned in agreement with the Federal Minister of Defense. Measures for the protection of frequencies through other international organizations, especially through the International Telecommunication Union (ITU), shall be initiated by the German authorities only at the request of the authorities of the force concerned.

(d) Information on frequencies used by a force shall be transmitted by the German authorities to other agencies and organizations only with the consent of the authorities of the force.

(e) Where radio stations of a force cause harmful interference to radio stations located outside the Federal territory, or suffer harmful interference from such stations, the German authorities shall proceed in accordance with the International Telecommunication Convention in force at the time and its pertinent Radio Regulations.

(f) Deleted.

6. Deleted.

Article 61

1. Subject to the effects of the tax and customs exemptions provided in the NATO Status of Forces Agreement, in the present Agreement or in any other applicable agreement, the prices of deliveries and services to a force or a civilian component shall correspond to the current price levels in the Federal territory; they may not exceed the prices admissible in the case of deliveries and services to German authorities. Where goods are subsidized in the interest of the individual German consumer, such subsidies cannot be claimed by a force or a civilian component unless these goods are intended for the use of, or consumption by, persons falling under the category of labor within the meaning of Article 56 of the present Agreement.

2. The provisions of the present Agreement concerning wages, transportation and telecommunication tariffs shall not be affected by the provisions of paragraph 1 of this Article.

Article 62

1. Where requisitioning procedures (Anforderungsverfahren) are carried out on behalf of a force or a civilian component under German procurement legislation, the following provisions shall apply:

(a) The proceedings shall be instituted by the German authorities to be determined in consultation with the authorities of the force or of the civilian component.

(b) In accordance with administrative agreements, the competent German authorities shall undertake the exercise of the rights and the fulfillment of the obligations arising out of the position of the force or the civilian component as recipients of goods, services and facilities (Leistungsempfänger). However, the force or the civilian component shall itself fulfil such obligations as by their nature cannot be fulfilled by the German authorities. The German authorities representing the interests of the force or of the civilian component in matters concerning the amount of compensation payable shall consent to proposals in that regard made by the person liable to supply goods, services and facilities (Leistungspflichtiger) or by the assessment authority only after consultation with the authorities of the force or of the civilian component; similarly, they shall themselves make proposals regarding the amount of compensation payable only after such consultation. The provisions of Article 63 of the present Agreement shall remain unaffected.

(c) Lawsuits on behalf of, or against, the force or the civilian component arising out of their position as recipients of goods, services and facilities shall be instituted or defended by the Federal Republic in its own name.

2. The provisions of paragraph 1 of this Article shall not apply in respect of the Restricted Areas Law and the Land Procurement Law.

Article 63

1. If and to the extent that it is provided in paragraphs 2 to 7 of this Article, no payment shall be made for property or services used by a force for its own purposes or for the purposes of a civilian component or rendered to it for such purposes.

2. Public roads, highways, and bridges may be used free of charge by a force or by a civilian component.

3. A force or a civilian component shall enjoy free of charge administrative services and assistance, including the services of the German police, public health, and fire protection, as well as meteorological, topographical, and cartographical services to at least the same extent as the German Armed Forces. The same shall apply to the use of navigable waters.

4.(a) Except to the extent that other arrangements have been or will be made, property legally owned by the Federation (rechtlich im Eigentum des Bundes stehend) or which has been or will be procured or constructed from funds of the Occupation Costs and Mandatory Expenditures or Support Costs budgets, may be used free of charge by a force or a civilian component. This shall not apply to the use of property owned or administered by the German Federal Railways or Federal Post.

(b) Except to the extent that other arrangements have been or will be made, the Federal Republic shall ensure that a sending State to which property legally owned by a Land (rechtlich im Eigentum eines Landes stehend) has been or will be made available for use is relieved from the liability for any possible claim to compensation that may be due to the Land under German law.

(c) Except to the extent that other arrangements have been or will be made, rental for the use of property not falling under the first sentence of subparagraph (a) or under subparagraph (b) of this paragraph and which has been or will be reconstructed with funds made available by the Federal Republic or with a sending State's own funds shall be reduced in the proportion which the cost of reconstruction bears to the total value of the property.

(d) Exemption from payment for the use of property as set forth in subparagraphs (a) to (c) of this paragraph shall not, however, extend to

(i) cost of repairs and maintenance;

(ii) current public charges on property to the extent that the Federation is obliged under German law to pay or reimburse such charges;

(iii) other operating costs.

5.(a) The following items of the expenditure arising in consequence of goods and services demanded or rights restricted, transferred or withdrawn under German laws at the instance of a force or of a civilian component, shall not be borne by the sending State:

(i) compensation payable under the Land Procurement Law with the exception of

(aa) compensation for anticipatory possession (Besitzeinweisungsentschädigung) except in the case of Land Procurement actions (Landbeschaffungsvorhaben) initiated after the entry into force of the present Agreement;

(bb) compensation payments for the use of accommodation made available to the force or the civilian component and not legally owned by the Federation or by a Land (nicht rechtlich im Eigentum des Bundes oder eines Landes), except in the case of accommodation made available to the force or the civilian component after the entry into force of the present Agreement for the purpose of the erection of permanent structures;

(ii) compensation for restricted areas (Schutzbereichentschädigung) payable under German law to the Länder, insofar as prejudice caused to property (Vermögensnachteile) by the establishment of the restricted area arises only from the restriction of economic use or other exploitation of the property.

(b) Where in consequence of the procurement of land for a force or a civilian component other costs arise for the Federation, negotiations on a case to case basis shall take place between the German authorities and the authorities of the force, taking into account all relevant factors, and without prejudice to the provisions of subparagraph (c) of paragraph 6 of this Article, to determine whether, and if so to what extent, the sending State for whose benefit the land is to be procured shall bear such costs, and agreements shall be concluded thereon.

(c) Where in cases in which restricted areas have been provided at the instance of a force the compensation therefor is not payable in the form of recurrent payments, the German authorities and the authorities of the force may enter into negotiations in appropriate cases, and on a case to case basis, concerning apportionment of the compensation, taking into account all relevant factors, including the period of use by the force of the accommodation for which the restricted area exists.

6.(a) Of the expenditure arising out of any kind of construction works of a force or a civilian component, or in connection with such works, the sending State shall not be liable for expenditure incurred in evacuating land (Räumung).

(b) If installations and facilities serving transportation and telecommunications, electricity, gas and water supply, or sewage disposal, which are established, modified, reinforced, or extended at the instance of the authorities of a force or of a civilian component serve also to satisfy German needs, the expenditure, including the cost of repair and maintenance, on such installations and facilities shall be apportioned in a manner which corresponds to the extent of the German interest as compared with the interest of the sending State. The amounts shall in each individual case be agreed between the German authorities and the authorities of the force. This arrangement shall also apply to the costs of repair and maintenance of installations and facilities of the kind mentioned which the German side plans to close down or dismantle, but which are to be retained at the request of a force or a civilian component.

(c) If in consequence of land procurement for a force or a civilian component, or as a result of construction works carried out by or for the benefit of a force or of a civilian component, installations and facilities serving transportation and telecommunications, electricity, gas and water supply, or sewage disposal, require re-routing or replacing either because they are no longer available for public use or it can be shown that it is no longer practicable so to use them, the sending State shall bear expenditure which arises only to the extent that the hitherto prevailing standard is not exceeded.

7.(a) If military or other aircraft used by a force are permanently accommodated on civil airfields, including civil airports, not made available for the exclusive use of the force, payment which varies from the fees valid under German regulations may be agreed upon for the jointly used installations and facilities. Such payment may by arrangement be in services or in kind.

(b) Emergency landings made by military or other aircraft used by a force shall be exempt from fees.

Re Article 63

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 subparagraphs (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 subparagraphs (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 defense.

(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 defense.

8. Other operating costs within the meaning of subparagraph (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 subparagraph (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 which 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 subparagraph (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 subparagraph (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 subparagraph (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.

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