rijk/verdrag/overeenkomst-ter-uitvoering-van-artikel-45-eerste-lid-van-de-aanvullende-overeen/BWBV0001206

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Overeenkomst ter uitvoering van artikel 45, eerste lid, van de Aanvullende Overeenkomst van 3 augustus 1959, zoals gewijzigd bij de Overeenkomsten van 21 oktober 1971, 18 mei 1981 en 18 maart 1993, bij het Verdrag tussen de Staten die partij zijn bij het Noordatlantisch Verdrag nopens de rechtspositie van hun krijgsmachten, met betrekking tot de in Duitsland gestationeerde buitenlandse krijgsmachten	BWBV0001206	verdrag	geldend	1998-03-29	https://wetten.overheid.nl/BWBV0001206	Overeenkomst ter uitvoering van artikel 45, eerste lid, van de Aanvullende Overeenkomst van 3 augustus 1959, zoals gewijzigd bij de Overeenkomsten van 21 oktober 1971, 18 mei 1981 en 18 maart 1993, bij het Verdrag tussen de Staten die partij zijn bij het Noordatlantisch Verdrag nopens de rechtspositie van hun krijgsmachten, met betrekking tot de in Duitsland gestationeerde buitenlandse krijgsmachten

Overeenkomst ter uitvoering van artikel 45, eerste lid, van de Aanvullende Overeenkomst van 3 augustus 1959, zoals gewijzigd bij de Overeenkomsten van 21 oktober 1971, 18 mei 1981 en 18 maart 1993, bij het Verdrag tussen de Staten die partij zijn bij het Noordatlantisch Verdrag nopens de rechtspositie van hun krijgsmachten, met betrekking tot de in Duitsland gestationeerde buitenlandse krijgsmachten

Deel I. Procedure for Submission of Annual Programmes of Manoeuvres and other Training Exercises

Artikel 1

1.

The authorities of a force shall submit to the Federal Minister of Defence, with copies to the respective Military District Commands for coordination in respect of place and time, by 1 April of every year, their annual programmes of manoeuvres and other training exercises for the following calendar year in which units of at least brigade strength in the case of field training/full strength exercises, or more than 1500 soldiers in the case of command post exercises, will participate. Endeavours should be made to include in the annual programmes manoeuvres and other training exercises of units of at least battalion/regiment strength in the case of field training/full strength exercises, or of up to 1500 soldiers in the case of command post exercises. The information to be provided shall include:

• • the type of exercise,
    

• • the approximate number of participating military personnel,
    

• • the approximate number of participating wheeled vehicles, tracked vehicles and aircraft, with the number of battle tanks stated separately,
    

• • the desired exercise area,
    

• • the desired exercise period.
    

2. The date stated in paragraph 1 of this Article (1 April of every year) shall be reviewed after sufficient experience has been gained.

Artikel 2

When submitting the annual programmes of manoeuvres and other training exercises, the authorities of a force shall notify the Federal Minister of Defence of those units of at least battalion/regiment strength in the case of field training/full strength exercises or at least 600 soldiers in the case of command post exercises which are to be deployed to the Federal Republic for manoeuvres and other training exercises. The Federal Minister of Defence shall notify the authorities of a force of the decision of the competent German authorities, together with the decision on the annual programmes of manoeuvres and other training exercises. In case of rejection, the reasons shall be communicated to the authorities of a force.

Artikel 3

1. The Federal Minister of Defence shall decide by 15 July of every year on the annual programmes of manoeuvres and other training exercises in the following calendar year, giving consideration to the comments provided by the German authorities. In case of rejection, the reasons shall be communicated to the authorities of a force.

2. The date stated in paragraph 1 of this Article (15 July of every year) shall be reviewed after sufficient experience has been gained.

Deel II. Procedure for Notification and Coordination of Manoeuvres and other Training Exercises

Artikel 4

1.

The authorities of a force shall communicate as early as possible the plans for the conduct of manoeuvres and other training exercises, including those contained in the annual programmes, simultaneously to the affected Military District Commands, the affected Military District Offices of Defence Administration and the authorities of the affected Länder of the Federal Republic:

a) for a strength of up to one company in the case of field training/full strength exercises or up to 250 soldiers in the case of command post exercises	not later than four weeks prior to commencement of the manoeuvre and/or exercise,
b) for a strength of up to one battalion/regiment in the case of field training/full strength exercises or more than 250 but not more than 600 soldiers in the case of command post exercises	not later than six weeks prior to commencement of the manoeuvre and/or exercise,
c) for a strength of up to one brigade in the case of field training/full strength exercises or more than 600 but not more than 1500 soldiers in the case of command post exercises	not later than eight weeks prior to commencement of the manoeuvre and/or exercise,
d) for a strength of more than one brigade in the case of field training/full strength exercises or more than 1500 soldiers in the case of command post exercises	not later than sixteen weeks prior to commencement of the manoeuvre and/or exercise.

2. The plans for the conduct of manoeuvres and other training exercises shall contain the information specified in the Annex, which forms part of this Agreement.

3. In the plans for the conduct of manoeuvres and other training exercises the authorities of a force shall designate those units of less than battalion/regiment strength in the case of field training/full strength exercises or less than 600 soldiers in the case of command post exercises that are to be deployed to the Federal Republic to participate in manoeuvres or other training exercises. To the extent that such deployments have not already been approved pursuant to Article 2, the authorities of a force shall be notified of any objections of the competent German authorities in accordance with the provisions of paragraph 1 of Article 8. Additional agreements may be concluded.

4. At the request of the authorities of a force, the competent German military authorities may conclude agreements with the respective authorities of the Länder of the Federal Republic on simplified procedures for notification of exercises. Local training arrangements within a garrison between the authorities of a force and the competent local authorities may be concluded. The competent Military Region Command shall be notified.

Artikel 5

1. In cases of manoeuvres and other training exercises jointly conducted by a force with other forces or with the Federal Armed Forces, the authorities of the force directing the manoeuvre or other training exercise shall communicate the plans for the conduct of the manoeuvre or other training exercise to the authorities mentioned in Article 4.

2. For manoeuvres and other training exercises conducted under the direction of authorities of the North Atlantic Treaty Organization or authorities of multinational forces, separate agreements shall be concluded.

Artikel 6

1.

The authorities of a force shall notify alert exercises to the competent Military Region Command within 12 hours after the declaration of alert. The information to be provided shall include:

• • the unit conducting the alert exercise,
    

• • the exercise area,
    

• • the exercise period.
    

2. An alert exercise may only be followed by a manoeuvre or other training exercise if notification has been given in accordance with Article 4 or Article 5.

3. Alert exercises are exercises intended for the inspection without prior notification of measures to upgrade, build up and maintain the readiness of units. In general, they will be conducted at the peacetime location of the unit concerned and end there or after moving into dispersal areas near to the location.

Artikel 7

The Military District Commands shall review the plans for the conduct of manoeuvres and other training exercises in order to identify overlaps with respect to time and place. If overlaps cannot be resolved, the matter shall be decided by the Federal Minister of Defence in the case of manoeuvres and other training exercises within the scope of the approved annual programmes, in all other cases by the Military District Commands. In this context due consideration shall be given to all relevant circumstances.

Artikel 8

1. The German authorities to which the plans for the conduct of manoeuvres and other training exercises are communicated pursuant to paragraph 1 of Article 4 shall inform the authorities of a force as early as possible but not later than halfway between the date of submission and the date of commencement of the manoeuvre or other training exercise, of any objections to these plans.

2. To the extent that the authorities of a force cannot concur with such objections, endeavours shall promptly be made to reach agreement in joint discussions with the authorities concerned. If no agreement on a plan is reached within an appropriate period of time, the matter shall be decided, after giving due consideration to all aspects, by the Federal Minister of Defence in the case of manoeuvres and other training exercises within the scope of the approved annual programmes, in all other cases by the Military District Commands.

Deel III. Dispute Resolution

Artikel 9

Should the authorities of a force raise objections to decisions concerning manoeuvres or other training exercises, agreement shall be sought immediately by joint consultation with the Federal Minister of Defence. Should the authorities of a force and the Federal Minister of Defence fail to reach agreement within an appropriate period of time, the further procedure shall be as provided under Article 80A of the Supplementary Agreement.

Deel IV. Final Provisions

Artikel 10

1. The present Agreement may, after consultation with the other Contracting Parties, be amended or supplemented by agreement between the Government of the Federal Republic and the Government of any other Contracting Party. Such amendment or supplement shall not affect the provisions of the present Agreement as regards relations between the Federal Republic and the other Contracting Parties.

2. Any stationing Contracting Party may, after consultation with the other Contracting Parties, withdraw from the present Agreement at the end of a calendar year upon six months' written notice. The Federal Republic may, after consultation with the other Contracting Parties, terminate the present Agreement in respect of one or more Contracting Parties at the end of a calendar year upon six months' written notice.

3. The present Agreement shall be reviewed five years after its entry into force.

Artikel 11

1. The signatory States shall notify the Government of the United States of America of the fulfilment of their respective internal requirements for the entry into force of the present Agreement. The Government of the United States of America shall notify each signatory State of the date of receipt of the last notification as defined in the first sentence of this paragraph.

2. The present Agreement shall enter into force on the date on which the Agreement of 18 March 1993 to amend the Agreement of 3 August 1959, as amended by the Agreements of 21 October 1971 and 18 May 1981, to Supplement the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces with respect to Foreign Forces stationed in the Federal Republic of Germany enters into force or thirty days after receipt of the last notification referred to in paragraph 1 of this Article, whichever occurs later. Upon its entry into force, the present Agreement shall supersede the Agreement of 3 August 1959 to implement paragraph 5 of Article 45 of the Agreement to supplement the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces with respect to Foreign Forces stationed in the Federal Republic of Germany.

3. The present Agreement shall be deposited in the Archives of the Government of the United States of America, which shall transmit a certified copy thereof to each signatory State.