The Government of the Federal Republic of Germany and the Government of the Kingdom of Denmark, in their common desire to definitively resolve the issue of German war graves in Denmark, have agreed as follows:
Article 1
For the purposes of this agreement, German war dead are deemed to be members of the German armed forces or persons equated with them, as well as other persons of German nationality who have died in connection with the military actions of the Second World War.
If the war dead include persons whose graves are claimed by another state to which the dead were formerly affiliated, these persons are not covered by this agreement.
Article 2
The German war dead buried in Denmark will be consolidated in cemeteries, to be agreed upon, where such graves are located, for the purpose of better supervision and maintenance of their graves. The selection of the cemeteries to be considered for this purpose will be made in agreement with the Government of the Federal Republic of Germany and the Government of the Kingdom of Denmark.
The exhumation and transfer of the German war dead will be carried out by the Government of the Federal Republic of Germany at its expense. The Government of the Kingdom of Denmark will facilitate this work as far as possible.
Article 3
The right of burial shall exist under Danish law for a period of at least twenty years.
The Government of the Kingdom of Denmark undertakes to request the competent local authorities to grant the Government of the Federal Republic of Germany the use of the land on which the German war graves are located for a period of sixty years, with the possibility of further extension. The Government of the Kingdom of Denmark will express to these authorities the hope that such grants will be made without cost to the Federal Republic of Germany.
Article 4
The German war cemeteries shall be laid out by the Government of the Federal Republic of Germany at its expense and in agreement with the Government of the Kingdom of Denmark.
The layout shall be carried out in each individual case in consultation with the relevant Danish authorities. It will not be possible for the graves to be laid out individually by the relatives.
It is a requirement that the design of the graves be carried out taking into account local conditions, so that the overall character of the cemeteries concerned is not disturbed.
Article 5
The Government of the Kingdom of Denmark will provide the necessary information based on the documents in its possession concerning German war dead and war graves and will support the Government of the Federal Republic of Germany in recording German war graves and identifying the dead.
Article 6
The Government of the Kingdom of Denmark agrees that the German War Graves Commission (Volksbund Deutsche Kriegsgräberfürsorge e.V.) shall undertake the technical implementation of the tasks arising from this Agreement on behalf of the Government of the Federal Republic of Germany. The Government of the Kingdom of Denmark shall afford this organization every possible facility.
The German War Graves Commission may send specialists to Denmark to carry out its tasks and set up the necessary work rooms.
The representative of the Danish Ministry of Church Affairs for matters concerning foreign war graves will support the German War Graves Commission in carrying out its tasks. Each reburial must be approved in advance by the representative, who is to be notified by the Commission of the time of the operation so that he can be present in each case. Questions that may arise in this context may be submitted to the Danish Ministry of Church Affairs, which will make the final decision.
Article 7
The Government of the Federal Republic of Germany may import into Denmark free of duty and charges from any country such material, implements, tools and works of art as may be needed for the exhumation and re-interment of the dead and for the final decoration of German war graves.
The exemptions provided for in this Article shall be granted upon application by the German War Graves Commission.
The Government of the Kingdom of Denmark shall exempt the German War Graves Commission from all taxes, fees and other charges insofar as these arise in the performance of the tasks arising from this Agreement.
Article 8
The Government of the Federal Republic of Germany is permitted to ensure the dignified maintenance and care of the final German war graves.
The Government of the Kingdom of Denmark will ensure the continued existence and maintenance of German war graves in Denmark as before until the facilities are completed.
Article 9
The Government of the Kingdom of Denmark will only grant the authorization to exhume and transfer German war dead from Denmark to Germany upon application or with the consent of the Government of the Federal Republic of Germany. In the case of repatriation, the legal provisions in force in the Federal Republic of Germany and in Denmark regarding the transport of corpses must be observed.
All costs of exhumation and repatriation shall be borne by the applicant.
The Government of the Kingdom of Denmark will submit to the Government of the Federal Republic of Germany applications for the transfer of war dead from German war gravesites to other countries before approval in order to determine the exact grave location and the identity of the dead to be exhumed.
Article 10
This agreement does not cover German war dead whose graves are subject to claims of relatives or other individuals with respect to ownership or maintenance.
Article 11
The details of the technical implementation of this agreement shall be settled directly between the German organization named in Article 6 and the Danish Ministry of Church Affairs.
Article 12
This agreement also applies to the state of Berlin, provided that the government of the Federal Republic of Germany does not make a contrary declaration to the government of the Kingdom of Denmark within three months of the entry into force of this agreement.
Article 13
This agreement shall enter into force on the day of its signing.
In witness whereof, the undersigned Plenipotentiaries have signed and sealed this Agreement.
Done at Copenhagen, in two copies, each in the German and Danish languages, each text being equally authentic, on October 3, 1962.
For the Government of the Federal Republic of Germany Berger
For the Government of the Kingdom of Denmark J. O. Krag
Supplement:
Translation: Circular from the Danish Ministry of Church Affairs extending the agreement on war graves, 17 August 2022, Danish file number Kirkemin.,\, j.nr. 20216403
Circular regarding the agreement with the government of the Federal Republic of Germany on German war graves from the Second World War in Denmark
(For boards of directors and administrations of dioceses, provostries and cemeteries)
With reference to the circular letter no. 249 from the Ministry of Church Affairs dated October 27, 1962, regarding the agreement between the government of the Federal Republic of Germany and the government of the Kingdom of Denmark concerning German war graves of the Second World War in Denmark, as well as Article 3 of this agreement, the following is stated:
§ 1. The right of disposal of the Federal Republic of Germany over the gravesites is extended for a period of 60 years from October 3, 2022, with the possibility of further extension.
§ 2. The extension is subject to the same conditions.