[SEC/GovC/4/98/07]  Translation 
of GERMAN ORIGINAL dated 18 SEPTEMBER 1998 
Only the German text shall be authentic 
 
 
 
 
 
Headquarters 
Agreement 
 
 
between 
  
the Government of the Federal Republic of Germany 
   
and 
 
the European Central Bank 
  
concerning the seat of the European Central Bank 
 
 
 
 TABLE OF CONTENTS 
Article Subject  
 Preamble  
1. Definitions  2. Inviolability of premises  3. Inviolability of archives  4. Inviolability of communication  5. Protection of premises  6. Protection against measures of constraint with regard to 
payment systems  
7. Direct taxes  
8. Indirect taxes  9. Goods and services  10. National regulations concerning capital market law  11. Data protection  12. Exemptions from customs and excise duties  13. Register of employees, identity cards  14. Work permit, residence permit, compulsory registration  15. Non-applicability of German labour and social welfare 
law  
16. Eligibility to join statutor y health insurance scheme   
17. Co-operation  18. Flag and emblem  
 
 Article Subject  
19 Diplomatic privileges and immunities  
20. Consultations  21. Settlement of disputes  22. Entry into force, duration  
 
 The Government of the Federal Republic of Germany  
 
and 
 
the European Central Bank – 
  having regard to the provisions of Articles 105, 106 and 107 of the Treaty establishing the European 
Community,  having regard to the provisions of Articles 37 and 40 of the Protocol on the Statute of the European 
System of Central Banks and of the European Central Bank,  having regard to the provisions of Article 23 of th e Protocol on the privileges and immunities of the 
European Communities,  whereas the governments of the Member States at the level of Heads of State or Government have decided by common agreement on 29 October 1993 that  the European Central Bank be established in 
Frankfurt in the Federal Republic of Germany,  desiring to define the privileges and immunities of the European Central Bank in the Federal Republic 
of Germany as laid down in the Protocol on th e privileges and immunities of the European 
Communities,  in view of the necessity of putting the European Ce ntral Bank in the Federal Republic of Germany in a 
position to achieve its objectives and perfo rm its tasks fully and effectively, 
 
have agreed as follows:   
Article 1 
Definitions 
 
1. “Appropriate authorities” means the competent authorities in accordance with the legislative 
provisions of the Federal Republic of Germany. 
 2. “ECB” means the European Central Bank.  
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 3. “Treaty” means the version dated 7 February 1992 of the Treaty establishing the European 
Community. 
4. “Protocol” means the version dated 7 Febr uary 1992 of the Protocol on the privileges and 
immunities of the European Communities annexed to the Treaty on establishing a Single Council and a Single Commission of the European Communities. 
 5. “ESCB Statute” means the Protocol on the Statute of the European System of Central Banks and 
of the European Central Bank. 
 6. “Government” means the Government of the Federal Republic of Germany.  7. “President” means the President of the ECB as appointed in accordance with the provisions of 
Article 109a (2) (b), and Article 109l (1) of the Treaty and Articles 11 and 50 of the 
ESCB Statute. 
 8. “Members of the Executive Board” means the President and the Vice-President of the ECB and 
the other members appointed to the Execu tive Board of the ECB in accordance with 
Article 109a (2) (b), and Article 109l (1) of the Treaty and Articles 11 and 50 of the 
ESCB Statute. 
 9. “Employees” means employees of the ECB within the meaning of Article 4c of 
Council Regulation No. 549/69 date d 25 March 1969 determining the categories of officials and 
other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 a nd Article 14 of the Protocol on the privileges and immunities 
of the European Communities apply, as amended by Council Regulation (EC, ECSC, EURATOM) No. 1198/98 of 5 June 1998. 
 10. “Official” applies to all activities undertaken pursuant to the provisions of the Treaty and the 
ESCB Statute and all activities required to fu lfil the ECB’s objectives and tasks under the 
Treaty and the Statute. 
 11. “Premises” means the land, buildings and part s of building, including access facilities, used for 
the official activities of the ECB. 
  
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 Article 2 
Inviolability of premises 
 
1. The inviolability of premises mentioned in Article  1 of the Protocol shall be understood to mean 
the following: 
 
No official of the Government or person exercising any public authority, whether administrative, judicial, military, or police sha ll enter the premises of the ECB except with the 
consent of and under conditions a pproved by its President. In the event of an emergency such 
consent to take urgently required protective m easures shall be deemed to have been given. 
 2. Without prejudice to paragraph 1. above, doc uments relating to administrative and legal 
proceedings may be served at the premises of the ECB. 
  
Article 3 
Inviolability of archives 
 
The inviolability of archives as laid down in Article 2 of the Protocol applies in particular to all 
records, correspondence, documents, manuscripts, photographs, films, sound recordings, computer 
programs and tapes or discs belonging to or held by th e ECB, and to all information contained therein, 
irrespective of its location.   
Article 4 
Inviolability of communication 
 
The ECB’s official communication and official corr espondence shall be inviolable. The Government is 
committed to safeguarding this inviolab ility by taking appropriate measures. 
  
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 Article 5 
Protection of premises 
 
1. It is the Government’s duty to protect the premises of the ECB against any intrusion or damage 
and any other impairment of its opera tions by taking appropriate measures. 
 2. The ECB may deploy armed personnel within its premises. For the purpose of protecting 
members of the Executive Board, employees or guest s of the ECB who are at serious risk owing 
to the nature of their official capacity or activity, the ECB may also deploy armed personnel outside its premises. Applications made by th e ECB in this regard will be adjudged by the 
competent German authorities according to Germ an legislative provisions. Firearms may be 
used solely in self-defence and other cases of “necessity” (legally excusable or justifiable 
unlawful act). 
  
Article 6 
Protection against measures of constrai nt with regard to payment systems 
 
Protection against administrative or legal measures of constraint pursuant to Article 1 of the Protocol 
also applies to funds or records of transactions  which are held with the ECB for the purpose of 
settlement in the context of payment systems. 
 
 
Article 7 
Direct taxes 
 
1. In application of Article 3, paragraph 1, of th e Protocol, the ECB, its assets, revenues and other 
property shall be exempt from all direct taxes. 
 2. Motor vehicles which are used exclusively for the official activities of the ECB may be exempt 
from motor vehicle tax on application. 
 3. The ECB, within the context of its official activities, is exempt from the obligation to pay, 
withhold or collect taxes from third parties a nd from any reporting obligations in connection 
with the levying of taxes. 
 4. No exemption shall be granted in respect of taxes and dues which amount merely to charges for 
public utility services. 
 
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 Article 8 
Indirect taxes 
 
1. In application of Article 3, paragraph 2, of the Protocol, the Federal Finance Office shall refund, 
on application, using revenue from turnover ta x, the amount of turnover tax for which the 
individual enterprises have invoiced the ECB for goods supplied or services rendered to the 
ECB, provided such goods and services are intended for the ECB’s official use. However, the 
amount of tax owed for these goods and services must exceed DEM 50 and the ECB must have paid the amount due to the enterprises. If the am ount of tax refunded is subsequently reduced, 
the ECB shall notify the Federal Finance O ffice accordingly and refund the amount of the 
reduction.  
 2. Furthermore, in application of Article 3, pa ragraph 2, of the Protocol, the Federal Finance 
Office shall reimburse, at the request of the ECB,  the mineral oil tax included in the price of 
petrol, diesel and heating oil, if the latter is intended for the official use of the ECB and the 
amount of tax due exceeds DEM 50 in each case. 
  
Article 9 
Goods and services  
 
1. If an article purchased or imported by the ECB fo r its official use in respect of which relief from 
turnover tax or importation turnover tax has been gr anted pursuant to Article 3, paragraph 2, or 
Article 4 of the Protocol is disposed of, hired out, loaned or transferred, whether or not in return 
for payment, the amount of the turnover tax or importation turnover tax corresponding to the 
selling price, or - in the case of disposal, hiring out, lending or transfer free of charge - the amount of such tax corresponding to the current mark et value of the article shall be paid to the 
Federal Finance Office. To simplify matters, th e amount of tax due may be determined on the 
basis of the tax rate applicable on the date of th e sale, disposal, hiring out, lending or transfer of 
the article in question. 
 2. Goods imported free of duty by the ECB under the conditions laid down in Article 4 of the 
Protocol may not be disposed of, hired out, loaned  or transferred, whether or not in return for 
payment, unless the competent customs office h as been notified thereof beforehand and the 
relevant duties have been paid. The duties payabl e shall be calculated on the basis of the current 
market value of the goods. 
 
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 3. In the event of the ECB trading in goods or rendering services over and above the activities 
mentioned in paragraph 1. above, such transactions  shall be subject, in line with current German 
law, to turnover tax, without prejudice to th e provisions of Article 23 of the Protocol. 
 
 
Article 10 
National regulations concerning capital market law 
 
1. The ECB is not subject to any sovereign, f unctional financial supervis ion on the part of the 
German authorities and does not require any recognition from the German authorities as a 
collective security deposit bank.   
2. The Government shall guarantee that the debt inst ruments issued by the ECB and included in its 
electronic debt register will be able to be u sed in banking business and stock exchange dealings 
and, furthermore, will have the same status as ot her comparable debt instruments of the Federal 
Government.  
  
Article 11 
Data protection 
 
The Federal Data Protection Act shall not apply to the ECB.   
Article 12 
Exemptions from customs and excise duties 
 
At the time of first taking up their post in the Federal Republic of Germany, members of the Executive Board and employees and family members forming part of their households shall be exempt from customs and excise duties and indirect taxes in  respect of the import of their furniture and 
personal effects which are in their ownership or possession. Motor vehicles shall likewise be exempt, 
however this shall apply to customs and excise duti es where a vehicle is imported from a third country 
only if it has been used there by the member of the Executive Board or employee for a period of at 
least six months prior to being imported. Such goods  shall normally be imported within twelve months 
of the first entry of such persons into the Federa l Republic of Germany; an extension of this period 
will, however, be granted where justified. If such persons on the termination of their duties re-export 
goods to which this paragraph applies, they shall be exempt from any duty or other charge which may 
be imposed by reason of such export (except for payment of services). The privileges referred to in 
this paragraph shall be subject to the conditions  governing the disposal of goods imported into the 
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 Federal Republic of Germany free of customs and exci se duties and to the restrictions applied in the 
Federal Republic of Germany to all imports and exports. 
  
Article 13 
Register of employees, identity cards 
 
1. The ECB shall inform the Government of the taking-up or termination of employment of all 
employees. Once a year the ECB shall send the Government a list of the names, addresses and nationalities of all its employees. 
 2. The Government shall issue to members of  the Executive Board and employees and family 
members forming part of their households a personal identity card corresponding to their status, which may be used, in conjunction with a valid p assport, to cross the borders without a visa into 
other Schengen Member States. 
  
Article 14 
Work permit, residence permit,  compulsory registration 
 
1. Members of the Executive Board and employ ees who carry out their duties in the Federal 
Republic of Germany, their spouses forming pa rt of their households and children who are 
under twenty-one years of age or who are supported by the member of the Executive Board or the employee and form part of his/her household sh all not require a work permit even if they are 
not nationals of a Member State of the European Union. Any other family members shall require the necessary permits on taking up employment. 
 2. The members of the Executive Board and empl oyees, their spouses, children and other family 
members forming part of their households who have sufficient personal income or who are 
supported by the member of the Executive Board or the employee of the ECB shall not require a residence permit. 
 3. Members of the Executive Board who are not German nationals and all non-German family 
members forming part of their households shall not be subject to the general obligation to 
register pursuant to the registration laws of the state authorities.  
  
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 Article 15 
Non-applicability of German labour and social welfare law 
 
Pursuant to Article 36 of the ESCB Statute, the conditions of employment of the members of the Executive Board and the employees of the ECB shall not  be subject to either the substantive or the 
procedural labour and social welfare la w of the Federal Republic of Germany. 
 
 
Article 16 
Eligibility to join statuto ry health insurance scheme 
 
Members of the Executive Board and employees whose pa rticipation in the statutory health insurance 
scheme has ceased upon their taking up employment with the ECB or by their having been employed by the EMI, shall be eligible to join the statut ory health insurance scheme, in application mutatis 
mutandis of Section 9, paragraph 1 (No. 5) of Vol. 5 of the code of social law, if they again take up 
employment within two months of the termination of their employment with the ECB. The health insurance scheme shall be notified of their joining within three months of their taking up employment. 
  
Article 17 
Co-operation 
 
The ECB shall co-operate at all times with the comp etent German authorities in order to prevent any 
abuse of the privileges, exemptions, immunities and facilities provided for in this Agreement. 
  
Article 18 
Flag and emblem 
 
The ECB shall have the right to display its flag and emblem on its premises and official vehicles.   
Article 19 
Diplomatic privileges and immunities 
 
1. The members of the Executive Board shall enjo y the privileges, exemptions, immunities and 
facilities granted to all diplomats accredited by the Federal German Government in accordance 
with the Vienna Convention on Dipl omatic Relations of 18 April 1961. 
 
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 2. Family members forming part of the households of and supported by members of the Executive 
Board shall enjoy the same privileges, exemp tions, immunities and facilities granted to the 
family members of diplomats accredited by the Federal German Government. 
 3. For German nationals or persons whose residen ce for tax purposes pursuant to Article 14 of the 
Protocol is in Germany, immunity from legal process and inviolability shall only be granted for 
the duties performed in the exerci se of their official activities. 
 
 
Article 20 
Consultations 
 
Consultations on the interpretation, application, modification or extens ion of this Agreement shall take 
place at the request of either party to the Agreement.  
 
Article 21 
Settlement of disputes 
 
Any differences of opinion between the Government  and the ECB concerning the interpretation or 
application of this Agreement which cannot be settle d directly between the parties may be submitted in 
accordance with Article 35.4. of the ESCB Statute by either party to the European Court of Justice. 
  
Article 22 
Entry into force, duration 
 
1. This Agreement shall enter into force once th e Government has notified the ECB that the 
requisite internal prerequisites for the entry into force have been fulfilled. Articles 2 to 4, Article 
5 paragraph 2, Articles 7 to 9, Article 10 para graph 1, Articles 11 and 12, Article 13 paragraph 
1, second sentence, Articles 14 to 17 and Article 21 shall enter into force on 1 June 1998 with 
retroactive effect. 
 2. Prior to the entry into force of this Agreemen t, its provisions, with the exception of Articles 4 
and 6 and Article 14 paragraph 3,  shall be provisionally applied once the requisite preconditions 
have been fulfilled. The Government shall no tify the ECB in writing as soon as these have been 
fulfilled.
1 
 
1  In addition, the Federal Government, subject to the approval of the Bundesrat , shall issue an ordinance based on Article 3 
of the Law of 22 June 1954 as amended by the Law of 16 August 1980. Pursuant to Article 22 paragraph 2 of this 
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3. This Agreement shall apply for as long as the Tr eaty, the Statute and the Protocol remain in 
force in the Federal Republic of Germany. 
 4. The Agreement of 12 September 1995 between the Government of the Federal Republic of 
Germany and the European Monetary Institute  on the headquarters of the EMI shall cease to 
apply upon completion of the liquidation of  the European Monetary Institute. 
In witness whereof, the representatives, duly author ised thereto, have signed this Agreement. 
 Done at Frankfurt am Main on 18 September 1998 in two originals, both in the German language, both 
texts being equally binding.   For the European For the Government of the Central Bank Federal Republic of Germany
 
                                                                                                                                                                      
Agreement, its provisions shall be applicable from the day on which the ordinance enters in to force until the entry into 
force of the Agreement itself.