ANNEX The Optional Protocol provides for the creation of national preventive mechanisms for the prevention of torture. Their tasks are carried out under the jurisdiction of the Länder by the Joint Commission for the Prevention of Torture in accordance with the State Treaty on the establishment of a national mechanism of all Länder in accordance with Article 3 of the Optional Protocol of 18 December 2002 to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “Joint Commission”), and are carried out under federal jurisdiction by the Federal Agency for the Prevention of Torture (hereinafter referred to as “Federal Agency”). The Federal Agency and the Joint Commission shall together form the National Agency for the Prevention of Torture. They shall work together in accordance with the present Administrative Agreement. Section 1 Subject-matter The subject-matter of the present administrative agreement is the cooperation between the Federal Agency and the Joint Commission within the framework of the National Agency for the Prevention of Torture. Section 2 Cooperation (1) The Federal Agency and the Joint Commission shall work together as the National Agency for the Prevention of Torture, and shall also express the same in their external appearance. They shall always orientate their activities to optimally achieve the objectives of the Optional Protocol. (2) The Federal Agency and the Joint Commission shall coordinate in the planning and implementation of their projects, in particular with the aim in mind of making efficient use of their resources. (3) The Federal Agency and the Joint Commission may avail themselves of the services of interpreters and experts as their respective funds permit. Section 3 Headquarters The seat of the National Agency for the Prevention of Torture shall be Wiesbaden. Section 4 Secretariat (1) The National Agency for the Prevention of Torture shall avail itself of the infrastructure of the Centre for Criminology (Kriminologische Zentralstelle e.V.). To this end, the Centre for Criminology shall provide a secretariat which shall carry out the everyday business of the National Agency for the Prevention of Torture and support the latter with staff and equipment. The staff of the secretariat of the National Agency for the Prevention of Torture shall only be appointed or dismissed with the consent of the Federal Agency and of the Joint Commission. It shall in specialist terms only be subject to the instructions of the Federal Agency and of the Joint Commission. Section 5 Funding (1) The funding requirement of the National Agency for the Prevention of Torture may be a maximum of EUR 300,000 per year. A maximum amount of EUR 100,000 of this sum shall be accounted for by the Federal Agency, which shall be met from the budget of the Federation, and a maximum amount of EUR 200,000 by the Joint Commission, which shall be met from the budgets of the Länder. The distribution of the shares accounted for by the respective Länder shall be effected in accordance with the Königstein Key. One third of the joint costs shall be met by the Federation and two thirds by the Länder. (2) The staff and material expenditure shall be met by the Hesse Ministry of Justice, for Integration and European Affairs. The proportions of the Federation and the Länder shall become due in the course of each accounting year in two instalments on 31 May and 30 November in accordance with the methods followed in the budget plan of the Centre for Criminology. Over- and under-payments by the Federation regarding the Federal Agency or by the Länder with regard to the Joint Commission towards the funding needed in accordance with the annual account shall be balanced in the second sub-amount of the following accounting year. (3) The disbursement by the Hesse Ministry of Justice, for Integration and European Affairs to the Centre for Criminology shall be effected in the shape of a monthly advance payment which shall cover the fixed costs of both the Joint Commission and of the Federal Agency. Further staff and equipment shall be disbursed on an ad hoc basis as funds permit. (4) The respectively valid version of sections 14 and 15 of the Statutes of the Centre for Criminology shall apply mutatis mutandis to drawing up the budget plan and the annual account. (5) The satisfaction of the obligations from the present Agreement shall be subject to the proviso of the provision of budget funding in the budget plan of the party respectively affected. 115