ture of funds for the purpose of capital works shall be in accordance with the provisions of this Article. 2. Prior to the end of the period covered by paragraph 2 of Article 4 of the present Convention, the following costs for construction of accommodation shall be chargeable to the funds for the support of the Forces: (a) all material, labour and other costs of construction, including the cost of preparation of the site; (b) the cost of constructing transport, communications and public utility facilities and installations on, or leading to, the site, provided that such facilities are furnished exclusively to serve the accommodation concerned; (c) the cost of replacing or re-routing to a standard not higher than that previously existing, transport, communications or public utility facilities and installations no longer available for public use by reason of the construction of the accommodation concerned. In the case of costs referred to in subparagraphs (b) and (c) of this paragraph which are incurred by the German authorities on behalf of the Forces, the amount of expenditures to be charged to the funds for the support of the Forces shall be determined in agreement with the authorities of the Forces. Where the facilities and installations referred to in sub-paragraphs (b) and (c) of this paragraph are revenue producing, or may constitute or form part of improvements included in a German development plan, the costs thereof shall be chargeable to the funds for the support of the Forces in the proportion agreed between the Powers concerned and the Federal Republic. 3. During the period covered by paragraph 1 of Article 4 of the present Convention, the costs of the installations and works referred to in Article 20 of the Forces Convention shall be chargeable to the funds for the support of the Forces. During the period covered by paragraph 2 of Article 4 of the present Convention, the costs of the above mentioned installations and works shall be chargeable to the funds for the support of the Forces to the extent that provision is made therefor in the budgets of the Powers concerned. If installations and works should be carried out for which no provision has been made in such budgets, their financing shall be determined by prior agreement between the Federal Republic and the Powers concerned. 4. Any expenditures, other than those provided for in paragraph 2 of this Article, made prior to the end of the period covered by paragraph 2 of Article 4 of the present Convention and related to the acquisition and evacuation of accommodation for the Forces shall not be charged to the funds for the support of the Forces or to the Powers concerned. ARTICLE 14 A permanent Co-ordinating Committee composed of representatives of the Three Powers and of the Federal Republic shall be established to carry out the tasks assigned to it under the present Convention, to co-ordinate the implementation of the present Convention, and to consider and make recommendations to the Signatory States concern ing the removal of any doubts or difficulties arising in connection therewith which cannot be resolved directly by consultation between the competent authorities and services concerned. ARTICLE 15 The Powers concerned may expend also in Berlin any funds made available to them under the present Convention for the purposes mentioned in paragraph 1 of Article 5. ARTICLE 16 At the request of any of the Signatory States discussions may be opened to amend or abrogate any of the Articles of the present Convention. ARTICLE 17 1. The Three Powers, or any Power concerned, and the Federal Republic will conclude, where necessary or desirable, subsidiary agreements regarding the implementation of the present Convention, particularly the provisions of Article 6. 2. The negotiation and implementation of these subsidiary agreements shall be co-ordinated through the Co-ordinating Committee established pursuant to Article 14 of the present Convention. 1. [Deleted.] ARTICLE 18 2. The provisions of the present Convention shall apply to the Forces of other Sending States and to the members of such Forces, except where excluded or modified by any agreement which may be made between any of such other Sending States and the Federal Republic. ARTICLE 19 The Arbitration Tribunal established by the Convention on the Relations between the Three Powers and the Federal Republic of Germany' shall not have jurisdiction (a) in matters which under paragraphs 1 to 4 of Article 4 of the present Convention are to be settled by negotiation; (b) to determine questions as to the extent of the competence or to review the decisions of the German agencies and agencies of the Forces referred to in Article 8 or of the Co-ordinating Committee to be established under Article 14 of the present Convention. IN FAITH WHEREOF the undersigned representatives duly authorized thereto by their respective Governments have signed the present Convention, being one of the related Conventions listed in Article 8 of the Convention on Relations between the Three Powers and the Federal Republic of Germany. 1 Supra, pp. 491-498. Done at BONN this twenty-sixth day of May, 1952, in three texts, in the English, French and German languages, all being equally authentic. ANNEX A In the case of the Forces of the United Kingdom of Great Britain and Northern Ireland and of the Forces of Belgium, Denmark and Norway the provisions of Article 8 of the Finance Convention shall be implemented in accordance with the following provisions: Section 1 The functions of the appropriate agency of the Forces set out in paragraph 9 of Article 8 of the Finance Convention shall in respect of these Forces be delegated to the Federal Republic. Section 2 1. The appropriate German agency shall inform the appropriate agency of the Forces of any claim lodged with it and shall append such particulars as the latter agency may require. 2. After receipt of these particulars, the appropriate agency of the Forces will forward as soon as possible to the appropriate German agency such information and evidence in its possession as is necessary for dealing with the claim insofar as the making available of such information and evidence is permissible under the regulations of the Power concerned. 3. In the case of claims to which sub-paragraphs (c) and (d) of paragraph 2 of Article 8 of the Finance Convention apply, the agency of the Forces shall in particular make available within twenty-one days of receipt of notification under paragraph 1 of this Section any information or evidence in its possession which would support the rejection of the claim in whole or in part. In such case the German agency shall assess and pay compensation only in the full light of such information and evidence and in any case of doubt shall refer to the agency of the Forces before making any payment. Section 3 1. Where a claim to compensation is based on an allegation of loss or damage caused by an act or omission in the performance of his official duties of a member or employee of the Forces or of a person working for the Forces pursuant to Article 44 or 45 of the Forces Convention or is alleged to arise from an activity of the Forces, the appropriate agency of the Forces will certify whether or not such act or omission occurred in the performance of the official duties of the person concerned or an activity of the Forces was involved as the case may be. 2. The German agency shall not assess or pay any compensation unless the appropriate agency of the Forces has issued a certificate that the act or omission causing the loss or damage occurred in the performance of official duties or that the loss or damage was caused by an activity of the Forces. 3. If during investigations of a claim circumstances appear which would lead to an inference different from that contained in the certificate on the question whether an act or omission occurred in the performance of official duties or an activity of the Forces is concerned, the appropriate agency of the Forces will on the request of the appropriate German agency review its certificate taking into account the representations made by the German agency. Section 4 If a claimant brings an action in the ordinary German court against the Federal Republic pursuant to paragraph 10 of Article 8 of the Finance Convention, the German agency will forward to the appropriate agency of the Forces a copy of the plaint. Should the German agency deem it necessary in the light of the plaint to obtain from the agency of the Forces supplementary documents or evidence to be used in the defence of the action, it will so inform the agency of the Forces as early as possible. Section 5 Should the legally enforceable judgment of a Court in an action brought under paragraph 10 of Article 8 of the Finance Convention differ from the decision of the German agency taken under Section 1 of this Annex, the decision shall be modified so as to make it accord with the judgment; this shall apply whether or not the authorities of the Forces exercised their right to participate in the action against the Federal Republic under paragraph 12 of Article 8 of the Finance Convention. Section 6 To enable that part of the compensation awarded by the German agencies or Courts which under Section 7 of this Annex is to be charged to the funds for the support of the Forces of the Power concerned to be so charged, the German agency shall by the fifteenth day of each month furnish to the appropriate agency of the Forces a list showing the amounts of compensation paid during the previous month. Section 7 It is agreed, as provided for in paragraph 14 of Article 8 of the Finance Convention, that 75 per cent. of the compensation awarded by the appropriate German agencies or by the ordinary German courts shall be charged to the funds for the support of the Forces made available under the Finance Convention. The remaining 25 per cent. of the compensation shall be borne by the Federal Republic. Section 8 The provisions of this Annex shall not affect the provisions of paragraph 16 of Article 8 of the Finance Convention. ANNEX B1 In the case of the Forces of the United States of America, the provisions of Article 8 of the Finance Convention shall be implemented in accordance with the following provisions: Section 1 The functions of the appropriate agency of the Forces set out in paragraph 9 of Article 8 of the Finance Convention shall in respect of these Forces be delegated to the Federal Republic. Section 2 1. The appropriate German agency shall promptly inform the appropriate agency of the Forces of any claim lodged with it and shall append such particulars as the latter agency may require. 2. After receipt of these particulars, the appropriate agency of the Forces shall forward as soon as possible to the appropriate German agency such relevant information and evidence obtainable from its own sources as is necessary for dealing with the claim insofar as the making available of such evidence is permissible under the regulations of the United States. The German agency shall assess and pay any compensation upon the claim only in the full light of this evidence. Section 3 1. The appropriate agency of the Forces shall include in the information and evidence forwarded to the appropriate German agency under paragraph 2 of Section 2 of this Annex a statement as to whether or not acts or omissions of the Forces as defined in paragraph 2 of Article 8 of the Finance Convention are involved. 2. The German agency shall not assess or pay any compensation unless the appropriate agency of the Forces has issued a statement that acts or omissions of the Forces as defined in paragraph 2 of Article 8 of the Finance Convention are involved. 3. If during investigations of a claim circumstances appear which would lead to an inference different from that contained in the statement, the appropriate agency of the Forces shall, on the request of the appropriate German agency, review its statement taking into account the representations made by the German agency. 1 Added by Schedule III. |