Should it be treason to pose as military personnel

Federal Law Gazette Federal Law Gazette Part II 2005 No. 2 of January 21, 2005 - pages 18 to 25 - Law on the EU troop statute of November 17, 2003

18 Federal Law Gazette 2005, Part II No. 2, issued in Bonn on January 21, 2005 Law on the EU Troop Statute of November 17, 2003 of January 18, 2005 The Bundestag, with the consent of the Bundesrat, passed the following law: Article 1 Dem in Brussels on November 17, 2003 by the Federal Republic of Germany signed agreement between the member states of the European Union on the legal status of military and civilian personnel seconded or seconded to the organs of the European Union, the headquarters and troops that the European Union may have in the context of the preparation and Performing the tasks within the meaning of Article 17 (2) of the Treaty on European Union, including exercises, are made available, as well as the military and civilian personnel of the member states, who are made available to the European Union for such tasks (EU troop statute) , is agreed. The Convention is published below. Article 2 (1) This law shall enter into force on the day following its promulgation. (2) The day on which the Convention enters into force for the Federal Republic of Germany in accordance with its Article 19 Paragraph 3 shall be published in the Federal Law Gazette. The above law is hereby executed. It is to be announced in the Federal Law Gazette. Berlin, January 18, 2005 Federal President Horst Köhler Federal Chancellor Gerhard Schröder Federal Minister for Foreign Affairs J. Fischer T he Federal Minister of Defense Peter Struck The Federal Law Gazette on the Internet: www.bundesgesetzblatt.de - A service from the Bundesanzeiger Verlag: www.bundesanzeiger .de Federal Law Gazette 2005 Part II No. 2, issued in Bonn on January 21, 2005 19 Convention between the Member States of the European Union on the legal status of military and civilian personnel, headquarters and troops seconded to the organs of the European Union, which are made available to the European Union as part of the preparation and implementation of the tasks within the meaning of Article 17 (2) of the Treaty on European Union, including exercises, as well as the military and civilian personnel of the member states, the European Union for such On The representatives of the governments of the member states of the European Union meeting in the Council based on the Treaty on European Union (TEU), in particular on Title V, considering the following reasons: 1. The European Council has decided, in pursuing the common foreign and security policy (CFSP), to equip the EU with the capabilities necessary to take and implement decisions on the full range of conflict prevention and crisis management tasks defined in the TEU. 2. National decisions on the deployment of troops from member states of the European Union (hereinafter referred to as "member states") in the context of the preparation and implementation of tasks within the meaning of Article 17 paragraph 2 TEU, including exercises, to the territory of other member states and to take them up there , are carried out in accordance with Title V TEU, in particular Article 23 paragraph 1, and are the subject of special agreements between the Member States concerned. 3. In the event of exercises or operations outside the territory of the Member States, special agreements will have to be made with the third countries concerned. 4 . "Civilian personnel" means the civilian personnel seconded by the Member States to EU institutions who assist in the preparation and implementation of the tasks referred to in Article 17 (2) TEU, including exercises, or civilian personnel, excluding local staff, who work at the headquarters or in the Troops or is active elsewhere and made available to the EU by the Member States for the same purpose; 3. "Family member" means any person who is defined or recognized as a member of the family or is designated as a member of the military or civilian household under the legislation of the sending State. However, if such a person is considered a member of the family or household under such legislation only if they are with if the military or civilian personnel live in the same household, this requirement is fulfilled if the maintenance of this person is predominantly covered by the military or civilian personnel; 4. "Troops" persons who serve the military and civilian personnel within the meaning of paragraphs 1 and 2 or units consisting of such personnel, but with the proviso that the Member States concerned may agree that certain persons, units, associations or other units are not to be regarded as a force within the meaning of this Convention or as part of it; 5. "Headquarters" on the territory of the Member States, established by one or more Member States or an international organization, made available to the EU in the context of the preparation and implementation of the tasks referred to in Article 17 (2) TEU, including exercises 6. "Sending State" means the Member State to which the military or civilian personnel or the force belong; Part I Common Provisions for Military and Civilian Personnel Article 1 For the purposes of this Convention, the term 1. "Military personnel" means a) military personnel seconded to the General Secretariat of the Council by the Member States to form the Military Staff of the European Union (EUMS); : www.bundesgesetzblatt.de - A service of the Bundesanzeiger Verlag: www.bundesanzeiger.de 20 Federal Law Gazette 2005 Part II No. 2, published in Bonn on January 21, 2005 Article 8 (1) The one assigned to the EU organs Military or civilian personnel enjoy immunity from jurisdiction with regard to oral or written statements and actions made by them in the performance of their service; this immunity also applies after the end of their secondment or secondment. (2) The immunity under this article is in the interests of the EU and not granted for the personal benefit of the staff The competent authority of the sending state as well as the respective EU organs lift the immunity of the military or civilian personnel seconded or seconded to the EU organs in all cases in which the immunity would prevent justice from being satisfied and in which they are from can be revoked by the competent authority and the respective EU body without prejudice to the interests of the European Union. 4. The EU institutions shall cooperate at all times with the competent authorities of the Member States to facilitate the proper administration of justice and shall intervene to prevent any abuse of immunities granted under this Article. (5) If, in the opinion of a competent authority or a judicial body of a Member State, there has been an abuse of the immunities granted under this Article, the competent authority of the sending State and the relevant EU body shall, upon request, consult with the competent authority of the Member State concerned in order to determine whether there is actually an abuse. (6) If the consultation does not lead to a mutually satisfactory result, the dispute will be examined by the respective EU body with the aim of settling it. (7) If such a dispute cannot be resolved, the respective EU body shall decide the modalities according to which it is to be resolved. If the Council is concerned, it unanimously determines such modalities. 7. "Host State" means the Member State in whose territory the military or civilian personnel, the troops or the headquarters are located on the basis of an individual or collective deployment order or an order for secondment to the EU institutions, be it there is stationed, relocated there or in transit. Article 2 1. Member States shall, if necessary, facilitate the entry, stay and departure of the personnel referred to in Article 1 for the purpose of performing the service, including members of their families However, staff and family members may be asked to provide evidence that they fall under the categories referred to in Article 1. (2) Without prejudice to the provisions which apply to the free movement of persons under Community law, an individual or collective marching order or a shall suffice for this purpose Order for the secondment or secondment to the EU organs Article 3 The military and civil pe rsonal and its family members are obliged to respect the law of the host country and to refrain from any act that is incompatible with the spirit of this Convention. Article 4 For the purposes of this Convention, the following applies: 1. Driving licenses issued by the military authorities of the sending State are also recognized in the territory of the host State for the relevant military vehicles; 2. Persons licensed in one of the Member States can provide medical and dental treatment to the personnel of the troops and headquarters of other Member States. Article 5 The military and civilian personnel concerned shall wear uniforms in accordance with the regulations in force in the sending State. Article 6 Vehicles with a specific authorization of the armed forces or the administration of the sending state bear a clear nationality mark in addition to their identification number. Part III Provisions that only apply to headquarters and troops and their military and civilian personnel Article 9 In the context of the preparation and implementation of the tasks within the meaning of Article 17 paragraph 2 TEU, including exercises, the headquarters and troops and their personnel in accordance with Article 1 including their material, subject to the consent of the competent authorities of a Member State, are moved through its territory and temporarily relocated there. Article 10 Military or civilian personnel shall receive urgently needed medical or dental treatment, including hospital treatment, on the same terms as comparable personnel in the host country. The Federal Law Gazette on the Internet: www.bundesgesetzblatt.de - A service of the Bundesanzeiger Verlag: www.bundesanzeiger.de Federal Law Gazette 2005, Part II No. 2, issued in Bonn on January 21, 2005 binds or other units the properties they need and the to provide associated facilities and services. These agreements and arrangements must, as far as possible, comply with the provisions on the accommodation and catering of comparable units, associations or other units of the host country. Unless a special conflicting agreement has been made, the laws of the host country are authoritative for the rights and obligations arising from the occupancy and use of the properties or the use or utilization of the facilities or services. Article 12 (1) Regularly established units, associations or other units of military and civilian personnel are entitled, on the basis of an agreement with the host state, to exercise police power in all camps, facilities, headquarters or other properties that they occupy alone. The police of these units, associations or other units can take all appropriate measures to maintain order and security there. (2) Outside of these properties, the police force according to paragraph 1 may only be used in accordance with agreements with the authorities of the host country and in coordination with these authorities and only to the extent that this is used to maintain discipline and order among the members of these units, associations or other units is required. Article 13 (1) Military personnel may, provided they are authorized to do so by order and subject to agreements with the authorities of the host country, possess and carry service weapons. (2) Civil personnel may, provided they are entitled to do so by national regulations of the sending state and subject to the approval of the authorities of the receiving state, possess and carry service weapons. Article 14 The headquarters and troops receive the same facilities and discounts for the use of post, telecommunications and means of transport as the troops of the host country in accordance with the regulations in force in that country. Article 15 (1) The archives and other official documents of headquarters, which are kept on the premises of these headquarters or by a duly authorized member of these headquarters, are inviolable, unless the headquarters have waived this immunity. At the request of the Host State and in the presence of a representative of that State, Headquarters shall review the nature of the documents to determine whether they fall under the immunity under this Article. 2. If, in the opinion of a competent authority or judicial body in the host State, there has been an abuse of the inviolability granted under this Article, the Council shall, upon request, consult with the competent authorities of the host State to determine whether there has actually been abuse. (3) If the consultation does not lead to a mutually satisfactory result, the dispute will be examined by the council with the aim of settling it. If such a dispute cannot be resolved in this way, the Council shall unanimously decide on the modalities according to which it is to be resolved. Article 16 21 For the application of the double taxation agreements concluded between the Member States and without prejudice to the right of the host state to tax military and civilian personnel who are citizens of the host state or who have their habitual residence in the host state, the following applies in order to avoid double taxation: 1. The taxation depends on the host state depends on the place of residence or domicile, the periods of time during which the military or civilian personnel only reside in this capacity in the territory of this state shall not be considered as periods of residence in this area or as a change of place of residence or residence for the purposes of such taxation . 2. Military or civilian personnel are exempt in the host State from any tax on remuneration and income paid to them in this capacity by the sending State, as well as from any tax on movable property belonging to them which is only there because of their temporary residence in the host State . 3. Nothing in this article precludes the taxation of military or civilian personnel for any gainful activity other than their activity as such personnel, which may be taken up in the host State, nor, except for the remuneration, income and movable property referred to in paragraph 2 the levying of taxes to which the staff concerned are subject under the law of the host country even if they are treated as persons who are resident or resident outside the territory of that country. 4. This article does not apply to customs duties: "Customs" means the duties payable on exports or exports and all other duties and taxes, excluding fees and contributions, which are only remuneration for services rendered. Article 17 (1) The authorities of the sending State have the right to exercise the criminal and disciplinary jurisdiction conferred on them under the law of the sending State in full over the military and civilian personnel, if these civilian personnel, as a result of their transfer with these troops, comply with the law applicable to all or part of the armed forces of the sending State (2) The authorities of the host state have the right to exercise jurisdiction over the military and civilian personnel as well as their family members with regard to acts committed within the territory of the host state and criminal offenses under its law. (3) The authorities of the sending state have this Law, about the military and civilians onally, if, as a result of their relocation with these troops, these civilian personnel are subject to the law applicable to all or part of the armed forces of the sending State to exercise exclusive jurisdiction in relation to criminal acts, including criminal acts against the security of that state, which are permitted under the law of Posting state, but are not punishable under the law of the host state. (4) The authorities of the host state have the right to exercise exclusive jurisdiction over members of the military and civilian personnel as well as their family members with regard to criminal acts, including offenses against the security of that state, which, however, under the law of the host state, do not are punishable under the law of the sending state. The Federal Law Gazette on the Internet: www.bundesgesetzblatt.de - a service of the Bundesanzeiger Verlag: www.bundesanzeiger.de 22 Federal Law Gazette 2005 Part II No. 2, published in Bonn on 21.January 2005 (2) a) In the case of damage caused or sustained in the manner referred to in paragraph 1 to other property belonging to a Member State and located on its territory, the question of the liability of another Member State and the amount the damage is decided by negotiation between these Member States, unless the Member States involved agree otherwise. b) However, each Member State waives its rights in all cases where the damage is less than an amount determined unanimously by the Council. Any other Member State whose property has been damaged in the same incident also waives its right up to the aforementioned amount. (3) For the purposes of paragraphs 1 and 2, the words "Member State" in the case of watercraft also include ships that have been chartered or requisitioned by a Member State as unmanned ships or confiscated by it as a prize, but not to the extent that the loss or Liability risk is borne by a legal entity other than this Member State. (4) Each Member State waives all claims against any other Member State based on the fact that military or civilian personnel of its emergency services were injured or killed in the course of their service. (5) Claims (except contractual Claims and claims to which paragraphs 6 and 7 apply) arising from acts or omissions of military or civilian personnel in the performance of the service or from any other act, omission or event for which the force is legally responsible is, in the territory of the host State, a third party, with the exception of one s Member State in which damage has been inflicted will be dealt with by the host state in accordance with the following provisions: Armed forces apply. b) The Host State may regulate all such claims; he pays the agreed or imposed compensation amounts in his local currency. c) Such a payment, regardless of whether it is based on an out-of-court settlement of the matter or a decision of a competent court in the host country, or a final judgment dismissing the action, is binding and final on the Member States concerned. d) Each claim settled by the host country is communicated to the sending country concerned together with a full report and a proposal for apportionment in accordance with letter e (i, ii and iii). If no reply is received within two months, the proposal is deemed to have been accepted. e) The amounts to be paid to satisfy claims based on letters a, b, c and d and paragraph 2 are to be borne by the Member States in the following ratio: % at the expense of the host country and 75% at the expense of the sending country. (5) The criminal acts against the security of a state within the meaning of paragraphs 3, 4 and 6 include: a) high treason; b) Sabotage, espionage or violation of a law relating to official secrets of this state or to secrets in connection with the national defense of this state. (6) In cases of conflicting jurisdiction, the following rules apply: a) The competent authorities of the sending State have the prerogative to exercise jurisdiction over the military and civilian personnel if, as a result of their relocation with these troops, these civilian personnel are the same as that which applies to all or part of the armed forces of the sending State Is subject to law in relation to i) criminal acts directed only against the property or the safety of that State or only against the person or property of the military or civilian personnel of that State or a member of their family; ii) criminal acts resulting from any act or omission in the performance of the service. b) In all other criminal acts, the authorities of the host country have the prerogative to exercise jurisdiction. c) If the privileged state decides not to exercise jurisdiction, it shall notify the authorities of the other state as soon as possible. The authorities of the privileged state take benevolent consideration of a request made to them by the authorities of the other state for a waiver of the privilege if the other state attaches particular importance to such a waiver. (7) This Article does not give the authorities of the sending State the right to exercise jurisdiction over persons who are nationals or habitually resident in the host State, unless these persons are members of the armed forces of the sending State. Article 18 (1) Each Member State waives all its claims against any other Member State for damage to property in its property which is used in the preparation and performance of the tasks referred to in Article 17 (2) TEU, including exercises, if the Damage a) was caused by military or civilian personnel of the other Member State in the exercise of their service in connection with the aforementioned tasks or b) was caused by the use of land, water or air vehicles belonging to the other Member State and used by its emergency services if either the land, sea or air vehicle causing the damage was used in connection with the aforementioned tasks or the damage was caused to objects that were used in connection with these tasks. Claims by one Member State against another Member State for salvage and assistance at sea are waived, provided that the recovered ship or cargo belonged to a Member State and was used by its armed forces in connection with the aforementioned tasks. The Federal Law Gazette on the Internet: www.bundesgesetzblatt.de - A service of the Bundesanzeiger Verlag: www.bundesanzeiger.de Federal Law Gazette 2005 Part II No. 2, published in Bonn on January 21, 2005 ii) Is more than one state responsible for the damage , the judicial or otherwise determined amount of damages shall be divided equally among the states concerned; however, if the host state is not one of the responsible states, its share is half of the share that is allotted to each sending state. iii) If the damage was caused by the emergency services of the Member States and it is not possible to attribute it with any certainty to one or more of these emergency services, the amount of the compensation shall be divided equally between the Member States concerned; however, if the host state is not one of the states whose forces caused the damage, its share is half of the share that is allotted to each of the sending states concerned. (iv) Every six months, the host State shall send the sending States concerned a statement of the amounts it has paid during the six-month period in cases in which the proposed percentage apportionment has been accepted, with a request for reimbursement. This reimbursement must be made as soon as possible in the national currency of the host country. f) If the application of letters b and e would result in serious hardship for a Member State, the latter may request the other Member States concerned to negotiate a different settlement of the matter among themselves. 23 (7) Claims arising from the unauthorized use of a vehicle by the emergency services of a sending state are dealt with in accordance with paragraph 6, unless the unit, association or other unit concerned is legally responsible. (8) If there is a dispute as to whether an act or omission of military or civilian personnel requiring compensation was committed in the performance of their service or whether the use of a vehicle of the armed forces of a sending state was unauthorized, the question will be discussed in negotiations between the the Member States concerned. (9) With regard to the civil jurisdiction of the host State, the sending State may not claim exemption from the jurisdiction of the host State for military or civilian personnel beyond paragraph 5 (g). (10) The authorities of the sending State and the host State shall cooperate in obtaining evidence for the fair investigation and settlement of claims concerning the Member States. (11) Disputes relating to the settlement of claims which cannot be settled through negotiation between the Member States concerned shall be referred to a mediator, which the Member States concerned shall adopt by mutual agreement among nationals of the host State who are engaged in or exercise high level judicial activities have been selected. If the member states concerned fail to agree on a mediator within two months, each member state concerned can request the President of the Court of Justice of the European Communities to appoint a person with the abovementioned qualifications. g) Military or civilian personnel shall not be subjected to proceedings for the enforcement of a judgment given against it in the host State in a matter arising out of the exercise of their service. h) With the exception of the application of letter e to claims falling under paragraph 2, this paragraph does not apply to claims in connection with the operation or use of a ship or the loading, carriage or unloading of a ship's cargo, unless that it is a matter of claims arising from death or personal injury to which Paragraph 4 does not apply. (6) Claims against military or civilian personnel arising from acts or omissions in the host state that are liable to pay compensation and that were not committed in the course of their duties shall be dealt with as follows: a) The authorities of the host state shall examine the claim and investigate in an equitable and equitable manner Consideration of all circumstances of the case, including the behavior of the injured person, the amount due to the applicant and prepare a report on the matter. b) The report is handed over to the authorities of the sending state, which then immediately decide whether and, if so, in what amount they want to offer severance pay without recognizing a legal obligation. c) If a severance payment is offered without recognition of a legal obligation and this offer is accepted by the applicant as full satisfaction of his claim, the authorities of the sending State shall make the payment themselves and inform the authorities of the host State of their decision and the amount paid. d) This paragraph is without prejudice to the jurisdiction of the host State courts to bring proceedings against military or civilian personnel unless and until payment has been made to fully satisfy the claim. Part IV Final Provisions Article 19 (1) This Convention is subject to approval by the Member States in accordance with their respective constitutional requirements. 2. Member States shall notify the Secretary General of the Council of the European Union of the completion of the constitutional procedures for the approval of this Convention. (3) This Convention shall enter into force on the first day of the second month following the notification by the last Member State that the constitutional procedures referred to in paragraph 2 have been completed. (4) The depositary of this Convention is the Secretary General of the Council of the European Union. The Depositary shall publish this Convention and information on its entry into force after completion of the constitutional procedures referred to in paragraph 2 in the Official Journal of the European Union. (5) a) This Convention applies only in the metropolitan area of ​​the Member States. b) Any Member State may inform the Secretary General of the Council of the European Union that this Convention shall also apply to other territories for whose international relations it is responsible. (6) a) The provisions of Parts I and III of this Convention shall apply to headquarters and troops and their personnel who may be available to the EU in the context of the preparation and implementation of the tasks within the meaning of Article 17 (2) TEU, including exercises Federal Law Gazette on the Internet: www.bundesgesetzblatt.de - a service of the Bundesanzeiger Verlag: www.bundesanzeiger.de 24 Federal Law Gazette 2005 Part II No. 2, issued in Bonn on January 21, 2005, only insofar as the legal status of these headquarters and troops and their personnel is not regulated by any other agreement. (7) If third countries take part in activities to which this Convention applies, the agreements or arrangements governing this participation may provide that this Convention shall also apply to these third countries in the context of these activities. (8) This Convention may be amended with the unanimous written consent of the representatives of the governments of the Member States of the European Union meeting within the Council. b) If the legal status of these headquarters and troops and their personnel is regulated by another agreement and if these headquarters and troops and their personnel operate within the aforementioned framework, special agreements can be made between the EU and the states or organizations concerned to determine which convention applies to the mission or exercise in question. c) If such special agreements could not be reached, the other agreement remains applicable to the mission or exercise in question. Done at Brussels on the seventeenth day of November two thousand and three. The Federal Law Gazette on the Internet: www.bundesgesetzblatt.de - A service of the Bundesanzeiger Verlag: www.bundesanzeiger.de Federal Law Gazette 2005 Part II No. 2, published in Bonn on January 21, 2005 25 Appendix Declarations Declaration by the EU Member States After this has been signed In accordance with the Convention, Member States will use their best endeavors to comply with the requirements of their domestic constitutional processes as soon as possible so that this Convention can enter into force immediately. Declaration by Denmark In signing this Convention, Denmark recalled the Protocol on the Position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community. Denmark will approve the Convention in compliance with the Protocol and any reservation or declaration that Denmark may have to make in this regard will be limited to the scope of Part II of this Protocol and preclude the entry into force of the Convention and its full implementation by the other Member States by no means off. Declaration by Sweden The Swedish government hereby declares that Article 17 of this Convention does not entitle the sending State to exercise jurisdiction in Swedish territory. In particular, this provision does not give the sending State the right to institute courts or to enforce sentences on Swedish territory. This leaves the distribution of competences according to Article 17 between the sending and receiving states completely unaffected. Nor does it affect the right of a sending State to exercise that jurisdiction in its own territory after the persons covered by Article 17 have returned to the sending State. Furthermore, this does not preclude the military authorities of a sending state from taking appropriate measures on Swedish territory that are immediately necessary to ensure the maintenance of security and order within the force. Declaration by Ireland Nothing in this Convention, in particular Articles 2, 9, 11, 12, 13 and 17, permits or requires laws or any other action by Ireland prohibited by the Constitution of Ireland and in particular Article 15.6.2. Declaration by the Republic of Austria on Article 17 of this Convention The acceptance of the jurisdiction of foreign military authorities in the sending state in accordance with Article 17 of the Convention between the Member States of the European Union on the Legal Status of Military and Civilian Personnel, Headquarters and Troops Seconded to the Military Staff of the European Union , which are made available to the European Union as part of the preparation and implementation of the tasks within the meaning of Article 17 paragraph 2 of the Treaty on European Union as well as in the context of exercises, as well as the military and civil personnel of the Member States, the European Union for such tasks is made available (EU-SOFA) by Austria does not refer to the exercise of jurisdiction by courts of the sending state in the territory of Austria. The Federal Law Gazette on the Internet: www.bundesgesetzblatt.de - A service of the Bundesanzeiger Verlag: www.bundesanzeiger.de