Article 1
The Federal Republic of Germany shall guarantee the Kingdom of the Netherlands the free and perpetual use of the sections of the following cemeteries set aside for the burial of deceased Dutch civilian deportees:
Bremen – Osterholz Cemetery
Düsseldorf – Stoffeln Cemetery
Frankfurt/Main – Waldfriedhof Cemetery
Hamburg – Ohlsdorf Cemetery
Hannover – Seelhorst Cemetery
Lübeck - Vorwerker Cemetery
Osnabrück - Heger Cemetery
Article 2
(1) The Federal Republic of Germany shall not remove, alter or otherwise dispose of existing or future graves, monuments, other structures and plantings in the cemeteries designated in Article 1 without the consent of the Government of the Kingdom of the Netherlands.
(2) New graves, memorials and other structures may only be erected or built in the cemeteries designated in Article 1 with the consent of the competent German authorities.
Article 3
The Federal Republic of Germany shall grant the Kingdom of the Netherlands facilities for the purpose of searching for, and for the discovery and burial of the mortal remains of Dutch civilian deportees who have not yet been finally buried in one of the cemeteries designated in Article 1, subject to the following provisions.
Article 4
The costs of locating and finally interring the bodies, as well as other related costs, shall be borne by the Kingdom of the Netherlands. However, the costs incurred in opening and closing the graves and placing the mortal remains in coffins during reburials shall be borne by the Federal Republic of Germany.
Article 5
The Oorlogsgravenstichting (hereinafter referred to as the “Stichting”) shall carry out the tasks specified in this Agreement on behalf of the government of the Kingdom of the Netherlands. The “Stichting” shall have the legal status of a legal entity in the Federal Republic of Germany.
Article 6
(1) The Foundation shall be permitted to engage locally the labor necessary for its tasks in accordance with German law; these persons may be nationals of the Kingdom of the Netherlands.
(2) In all work, the health regulations applicable in the Federal Republic of Germany shall be observed, with the exception of provisions based on the international agreement on the transport of corpses of February 10, 1937.
Article 7
(1) In order to facilitate the search for deceased civilian deportees, the Federal Republic of Germany shall ensure that the “Stichting” receives every possible assistance. In particular, the relevant German authorities shall, to the extent possible, provide information from the archives relating to the period from May 10, 1940 to December 31, 1945 and concerning the following offices: registry offices, cemeteries, crematoria, hospitals, public health insurance companies, police stations, courts and prisons, labor offices, housing offices, pension offices and public order offices.
(2) The “Stichting” shall, in consultation with the competent German authorities, be granted access to the records of the offices mentioned in paragraph 1 to the extent possible. It may have photocopies made under the same conditions.
(3) The Federal Republic of Germany shall reimburse the Kingdom of the Netherlands for the fees and costs incurred in providing the information.
(4) The Government of the Federal Republic of Germany will use its influence with the relevant authorities to facilitate the investigations in cases where it has no direct influence.
Article 8
The German authorities shall, to the extent that they become aware of such facts, notify the “Stichting” at least one month prior to any opening or any new creation of individual graves or collective graves of civil deportees, provided that it must be expected under the circumstances that the graves contain the mortal remains of Dutch civil deportees.
Article 9
The Foundation may communicate directly with the competent supreme German authorities for the purpose of carrying out the tasks specified in the present Convention.
Article 10
No import duties (customs duties and excise duties including turnover tax) shall be levied on articles imported into the Federal Republic of Germany by the “Stichting” for the purpose of fulfilling its official duties, provided that the customs offices are furnished with proof of the intended use in the form of a certificate issued by the “Stichting”.
Article 11
The Federal Republic of Germany shall exempt the “Stichting” from duties on petroleum products acquired by it in its territory and intended for the operation of its official vehicles.
Article 12
The “Stichting” is, as far as it has income, earnings and assets in the Federal Republic of Germany in the performance of its official duties, exempt from the taxes on these.
Article 13
The “Stichting” shall, upon application, be reimbursed by a tax office to be determined by the Federal Minister of Finance for an amount equal to 4 percent of the proven invoice amounts in order to offset the value added tax levied in the Federal Republic of Germany on deliveries or services provided to the “Stichting”.
Article 14
Free access to the burial places and memorials of Dutch civilian deportees located in the Federal Republic of Germany shall be guaranteed. The persons involved may gather at these places, in particular for commemorative ceremonies, in accordance with German law.
Article 15
(1) Relatives of a civilian who died in German custody may make an annual visit to the burial and memorial places situated in the Federal Republic of Germany under the conditions provided for in Article 16.
(2) The number of visitors to be designated by the Netherlands authorities who will benefit from the privileges of Article 16 shall not exceed one thousand per annum.
(3) After a period of ten years following the entry into force of this Agreement, and in each subsequent period of five years, the Contracting Parties shall in due course reach agreement on the number of visitors who may then still be admitted each year for these trips.
Article 16
The Federal Republic of Germany will facilitate entry to its territory for the persons referred to in Article 15 and will bear the costs for first-class return travel on the relevant routes of the German Federal Railroad. Details will be worked out between the relevant authorities on both sides. IN WITNESS WHEREOF the Plenipotentiaries of the Contracting Parties have signed this Agreement, which is an integral part of the Reconciliation Treaty signed today.
DONE at The Hague, April 8, 1960, in two copies, each in the Dutch and German languages, each text being equally authentic.
For the Federal Republic of Germany: von Brentano Lahr
For the Kingdom of the Netherlands: J. M. A. H. Luns H. R. van Houten
The Government of the Federal Republic of Germany and the Government of the Kingdom of the Netherlands, with a view to amending the Agreement concluded in The Hague on 8 April 1960 between the Federal Republic of Germany and the Kingdom of the Netherlands concerning Dutch war graves in the Federal Republic of Germany (War Graves Agreement), have agreed as follows:
Article 1
Article 1 of the War Graves Agreement shall read as follows:
(1) The Federal Republic of Germany shall guarantee the Kingdom of the Netherlands the perpetual and free use of the sections set aside for the burial of deceased Dutch civilian deportees in the following cemeteries:
Bremen – Osterholz Cemetery
Düsseldorf – Stoffeln Cemetery
Frankfurt/Main – Waldfriedhof Cemetery
Hamburg - Ohlsdorf Cemetery
Hanover - Cemetery at Seelhorst
Lübeck - Vorwerk Cemetery
Osnabrück - Heger Cemetery(2) The Federal Republic of Germany also guarantees the free use for all time of the graves of deceased Dutch civilian deportees scattered throughout the Federal Republic of Germany.
Article 2
In Article 2 of the War Graves Agreement, the following paragraphs 3 and 4 shall be added after paragraph 2:
(3) The provisions of paragraphs 1 and 2 shall also apply to graves of deceased Dutch civilian deportees scattered throughout the Federal Republic of Germany. (4) The costs of maintenance and upkeep of the Dutch graves and monuments located in the sections designated in Article 1, paragraph 1, shall be borne by the “Oorlogsgravenstichting”. Otherwise, the costs for the maintenance and care of the Dutch war graves shall be assumed by the Federal Republic of Germany.
Article 3
Article 3 of the War Graves Agreement shall be replaced by the following wording:
(1) The Federal Republic of Germany shall grant the Kingdom of the Netherlands facilities for investigations and for the recovery and burial of the mortal remains of Dutch civilian deportees who have not yet been permanently interred in one of the cemeteries designated in Article 1 or in one of the war graves scattered throughout the Federal Republic. (2) Reburials carried out in the Federal Republic of Germany at the instigation of the Federal Republic of Germany shall only take place if there is an urgent public interest in doing so. The government of the Kingdom of the Netherlands shall be informed in good time through diplomatic channels of any plans in this regard. The wishes of the Netherlands regarding the transfer or reburial shall be met as far as possible. The costs of reburials at the instigation or request of the Federal Republic of Germany shall be borne by the Federal Republic.
Article 4
This Agreement shall enter into force on the first day of the second month following the month in which the Contracting Parties have informed each other that the necessary domestic requirements for entry into force have been met. The date of receipt of the last notification shall be the determining date for calculating the period leading up to the date of entry into force. Done at The Hague, on October 31, 1996, in two originals, each in the Dutch and German languages, with each text being equally binding.
For the Government of the Federal Republic of Germany: Kinkel
For the Government of the Kingdom of the Netherlands: Hans van Mierlo