Agreement between the Government of the Federal Republic of Germany and the Government of the Republic of Estonia on German war graves in the Republic of Estonia
Addendum (September 2022)
While the State Office of Cultural Heritage was originally named as the coordinating body in the KGA in Art. 7 (2), the Estonian Ministry of Defense was named in August 2022.
With the attached note verbale, the VM is now delegating responsibility to the Estonian War Museum – General Laidoner Museum.
Responsibility for the GER-EST War Graves Agreement (PDF)
The Government of the Federal Republic of Germany and the Government of the Republic of Estonia, desiring to create a final settlement for German war graves located in the territory of the Republic of Estonia, seeking to ensure the preservation and maintenance of these graves in a dignified manner and in accordance with the provisions of applicable international humanitarian law, in implementation of point 13 of the Joint Declaration of 29 April 1993 on the basis of relations between the Federal Republic of Germany and the Republic of Estonia, have agreed as follows:
Article 1
For the purposes of this Agreement, the following terms shall have the meanings assigned:
a) “German war dead”:
- members of the German armed forces, - persons equated with them under German law, - other persons of German nationality who died in connection with the events of the 1914/1918 war or the 1939/1945 war or after their deportation;
b) “German war graves”:
the graves of German war dead lying in the territory of the Republic of Estonia;
c) “German war gravesites”:
cemeteries or parts of cemeteries in which German war dead are buried, which still exist, can be found or are to be newly established in the territory of the Republic of Estonia.
Article 2
(1) The Government of the Republic of Estonia shall ensure the protection of German war graves and the permanent right of rest for German war dead within its territory and shall keep the surroundings of German war graves free of any installations that are incompatible with the dignity of these sites.
(2) The Government of the Federal Republic of Germany is entitled to design and maintain German war graves and German war grave sites in the Republic of Estonia at its own expense.
Article 3
(1) The Government of the Republic of Estonia shall cede the areas of land serving as German war grave sites as permanent resting places for German war dead for an unlimited period of time, both now and in the future, free of charge.
(2) Property rights are not affected by this agreement. Any changes deemed necessary to the boundaries of the areas of land used as German war gravesites shall be settled by mutual agreement between the Contracting Parties or the bodies designated by them. If the two Parties agree that a site is no longer used, either in whole or in part, for the intended purpose, this change shall result in the Government of the Federal Republic of Germany losing the right to use it.
(3) Should a site according to paragraph 1 be needed for another use for compelling public reasons, the Government of the Republic of Estonia shall make available to the Government of the Federal Republic of Germany another suitable site and shall bear the costs for the reburial of the dead and for the preparation of the new graves. The selection of the new site, its preparation and the reburial shall be carried out by mutual agreement.
Article 4
(1) The Government of the Republic of Estonia shall permit, without incurring any costs as a result and after having been presented with a plan for prior approval, the Government of the Federal Republic of Germany to consolidate the graves of German war dead whose reburial the Government of the Federal Republic of Germany considers necessary. The reburial of German war dead shall be carried out by forces named by the German side.
(2) The German side will prepare a protocol for each reburial of a German war dead, stating the old and new grave location, personal details, the inscription on the dog tag or other identifying features. This protocol will be made available to the Estonian side.
(3) Insofar as it can be proven that formerly existing German war gravesites on Estonian soil have been abandoned due to infrastructural changes that have since occurred and the German dead buried there can no longer be recovered, the government of the Republic of Estonia shall, at the request of the German side, permit the erection of memorials in a simple and dignified form at these former sites. The government of the Republic of Estonia shall provide suitable terrain for this purpose.
(4) Insofar as a provisional burial of German war dead found on Estonian soil is required to enable a final burial at a German war grave site, the government of the Republic of Estonia shall make arrangements for their proper and dignified provisional burial and for the marking of the graves.
Article 5
If graves of war dead from other countries are found on German war gravesites in addition to German war graves, this fact shall be given due consideration in decisions regarding the preservation and maintenance of these graves.
Article 6
(1) The transfer of German war dead from the territory of the Republic of Estonia to the Federal Republic of Germany shall require the prior consent of the government of the Federal Republic of Germany. The Government of the Republic of Estonia shall permit such a transfer only if this consent has been obtained.
(2) The consent of the Government of the Federal Republic of Germany shall also be required for applications to the Government of the Republic of Estonia for the transfer of German war dead to third countries.
(3) All costs and fees for the disinterment and transfer of German war dead abroad shall be borne by the applicants.
(4) Representatives of the authorities of both parties may be present at the disinterment of German war dead for repatriation.
Article 7
(1) The Government of the Federal Republic of Germany commissions the “Volksbund Deutsche Kriegsgräberfürsorge e.V.” (hereinafter referred to as “VOLKSBUND”) with the technical implementation of the tasks in the Republic of Estonia that arise for the German side from this Agreement.
(2) The Government of the Republic of Estonia shall commission the State Office for the Protection of Monuments to coordinate the tasks arising for the Estonian side from this Agreement.
(3) In the event that one of the Contracting Parties wishes to commission another organization, agreement shall be reached between the Contracting Parties.
Article 8
(1) The Government of the Republic of Estonia shall afford the VOLKSBUND every possible assistance, in particular access to records now available or in the future from all authorities and other institutions concerning German war graves and deceased German soldiers. Other agreements and understandings shall remain unaffected.
(2) In order to carry out its tasks under this Agreement, the VOLKSBUND may send representatives, specialists and other personnel to the Republic of Estonia, observing the visa regulations in force at the time.
Article 9
(1) In carrying out the work arising from the implementation of this Agreement, the VOLKSBUND shall, wherever possible, use local labor and materials in accordance with the conditions prevailing in free competition.
(2) The VOLKSBUND may also import into the Republic of Estonia and re-export from the Federal Republic of Germany or another Member State of the European Union equipment, means of transport, materials and accessories necessary for the work mentioned in this Agreement. These goods shall be exempt from import duties.
(3) The following shall apply to the customs clearance of these goods:
(a) instruments and means of transport shall be cleared through as temporary import goods or as personal luggage;
(b) as regards materials and accessories for the construction, ornamentation
or maintenance of graves, memorials or cemeteries, the following shall be produced in addition to the regular import declaration:
- a detailed list of the imported goods,
- a declaration signed by a duly authorized person, containing an undertaking that the said goods shall be used only for the purposes provided for in this Agreement.
Article 10
(1) The transfer of the areas serving as German war graves sites, agreed in accordance with Article 3, paragraph 1, shall authorize the VOLKSBUND to carry out directly all landscaping and beautification work on the war graves sites as well as the construction of suitable access roads, recreation rooms and other facilities for visitors within the framework of the relevant Estonian legal provisions.
(2) The VOLKSBUND shall ensure that all cemetery, hygiene and health requirements stipulated by Estonian law are observed during construction work.
Article 11
This Agreement shall enter into force one month after the date on which the Contracting Parties have notified each other that the necessary domestic requirements for entry into force have been met.
Done at Tallinn on October 12, 1995 in two original copies, each in the German and Estonian languages, with each wording being equally binding.
For the Government of the Federal Republic of Germany: Henning v. Wistinghausen
For the Government of the Republic of Estonia: Sinijärv