EUROPEAN CONVENTION
ON SOCIAL SECURITY
(ETS N 78)
(Paris, 14.XII.1972)
The member states of the Council of Europe signatory hereto,
Considering that the aim of the Council of Europe is to
achieve greater unity between its members, in particular for the
purpose of facilitating their social progress;
Considering that multilateral co-ordination of social security
legislation is one of the means of achieving that aim;
Considering that the European Code of Social Security, opened
for signature on 16 April 1964, provides, in Article 73, that the
Contracting Parties to the Code shall endeavour to conclude a
special instrument governing questions relating to social security
for foreigners and migrants, particularly with regard to equality
of treatment with their own nationals and to the maintenance of
acquired rights and rights in course of acquisition;
Affirming the principle of equality of treatment for nationals
of the Contracting Parties, refugees and stateless persons, under
the social security legislation of each Contracting Party, and the
principle that the benefits under social security legislation
should be maintained despite any change of residence by the
protected persons within the territories of the Contracting
Parties, principles which underlie not only certain provisions of
the European Social Charter but also several conventions of the
International Labour Organisation,
Have agreed as follows:
TITLE I. GENERAL PROVISIONS
Article 1
For the purposes of this Convention:
(a) the term "Contracting Party" means any State which has
deposited an instrument of ratification, of acceptance or of
accession, in accordance with the provisions of Article 75,
paragraph 1, or of Article 77;
(b) the terms "territory of a Contracting Party" and "national
of a Contracting Party" are defined in Annex I; each Contracting
Party shall give notice, in accordance with the provisions of
Article 81, paragraph 1, of any amendment to be made to Annex I;
(c) the term "legislation" means any laws, regulations and
other statutory instruments which are in force at the time of
signature of this Convention or may enter into force subsequently
in the whole or any part of the territory of each Contracting
Party and which relate to the social security branches and schemes
specified in Article 2, paragraphs 1 and 2;
(d) the term "social security convention" means any bilateral
or multilateral instrument by which two or more Contracting
Parties are, or may subsequently be, bound exclusively, and any
multilateral instrument by which at least two Contracting Parties
and one or more other States are, or may subsequently be, bound in
the field of social security in respect of all or of part of the
social security branches and schemes specified in Article 2,
paragraphs 1 and 2, as well as any agreements concluded pursuant
to the said instruments;
(e) the term "competent authority" means the Minister,
Ministers or other corresponding authority responsible for the
social security schemes in all or any part of the territory of
each Contracting Party;
(f) the term "institution" means the body or authority
responsible for applying all or part of the legislation of each
Contracting Party;
(g) the term "competent institution" means:
(i) in relation to a social insurance scheme, either the
institution with which the person concerned is insured when he
claims benefit, or the institution from which he is entitled
to receive benefit or would be entitled to receive benefit if
he were resident in the territory of the Contracting Party
where that institution is situated, or the institution
designated by the competent authority of the Contracting Party
concerned;
(ii) in relation to a scheme other than a social insurance
scheme, or in relation to a family benefits scheme, the
institution designated by the competent authority of the
Contracting Party concerned;
(iii) in relation to a scheme concerning an employer's
liability in respect of benefits referred to in Article 2,
paragraph 1, either the employer or his insurer or, in default
thereof, the body or authority designated by the competent
authority of the Contracting Party concerned;
(h) the term "competent State" means the Contracting Party in
whose territory the competent institution is situated;
(i) the term "residence" means ordinary residence;
(j) the term "temporary residence" means a temporary stay;
(k) the term "institution of the place of residence" means the
institution empowered, under the Contracting Party's legislation
which it applies, to pay the benefits in question at the place of
residence or, where no such institution exists, the institution
designated by the competent authority of the Contracting Party
concerned;
(l) the term "institution of the place of temporary residence"
means the institution empowered, under the Contracting Party's
legislation which it applies, to pay the benefits in question at
the place of temporary residence or, where no such institution
exists, the institution designated by the competent authority of
the Contracting Party concerned;
(m) the term "worker" means an employed person or a
self-employed person or a person treated as such under the
legislation of the Contracting Party concerned, unless otherwise
specified in this Convention;
(n) the term "frontier worker" means an employed person who is
employed in the territory of one Contracting Party and resides in
the territory of another Contracting Party where he returns in
principle every day or at least once a week; provided that
(i) as regards relations between France and the
Contracting Parties bordering France, the person concerned
must, to be deemed a frontier worker, reside and be employed
within a zone which does not, in principle, extend more than
twenty kilometres on either side of the common frontier;
(ii) a frontier worker employed in the territory of one
Contracting Party by an undertaking which is his normal
employer, who is sent by that undertaking to work outside the
frontier area, either in the territory of the same Contracting
Party or in the territory of another Contracting Party, for a
period not expected to exceed four months, shall retain the
status of frontier worker during such employment for a period
not exceeding four months;
(o) the term "refugee" has the meaning assigned to it in
Article 1, Section A, of the Convention on the Status of Refugees,
signed at Geneva on 28 July 1951, and in Article 1, paragraph 2,
of the Protocol on the Status of Refugees of 31 January 1967,
without any geographical limitation;
(p) the term "stateless person" has the meaning assigned to it
in Article 1 of the Convention on the Status of Stateless Persons,
done at New York on 28 September 1954;
(q) the term "members of the family" means the persons
defined, or recognised as such, or designated as members of the
household, by the legislation applied by the institution
responsible for paying benefits, or, in the cases referred to in
Article 21, paragraph 1, sub-paragraphs a and c and Article 24,
paragraph 6, by the legislation of the Contracting Party in whose
territory they reside; where, however, this legislation regards
only persons living with the person concerned as members of the
family or members of the household, this condition shall be deemed
to be satisfied if such persons are mainly maintained by the
person concerned;
(r) the term "survivors" means the persons defined or
recognised as such by the legislation under which the benefits are
granted; where, however, this legislation regards as survivors
only persons who were living with the deceased, this condition
shall be deemed to be satisfied, if the persons concerned were
mainly maintained by the deceased;
(s) the term "periods of insurance" means periods of
contributions, employment, occupational activity or residence as
defined or recognised as periods of insurance by the legislation
under which they were completed, and any other periods, in so far
as they are regarded by this legislation as equivalent to periods
of insurance;
(t) the terms "periods of employment" and "periods of
occupational activity" mean periods defined or recognised as such
by the legislation under which they were completed, and any other
periods, in so far as they are regarded by this legislation as
equivalent to periods of employment or occupational activity;
(u) the term "periods of residence" means periods of residence
as defined or recognised as such by the legislation under which
they were completed;
(v) the terms "benefits" and "pensions" mean all benefits or
pensions including all components thereof provided out of public
funds and all increases, revaluation allowances or supplementary
allowances, unless otherwise specified in this Convention, and any
benefits awarded for the purpose of maintaining or improving
earning capacity, such lump sum benefits as are payable in lieu of
pensions and, where applicable, any payments made by way of refund
of contributions;
(w) the term "family allowances" means periodical cash
benefits granted according to the number and age of children; the
expression "family benefits" means any benefits in kind or in cash
granted to offset family maintenance costs, except the special
birth grants explicitly excluded in Annex II; each Contracting
Party concerned shall give notice in accordance with the
provisions of Article 81, paragraph 1, of any amendment to be made
to Annex II in respect of any special birth grants provided by its
legislation;
(x) the term "death grant" means any lump sum payable in the
event of death, other than the lump sum benefits mentioned in
sub-paragraph v of this article;
(y) the term "contributory" applies to benefits, the award of
which depends either on direct financial participation by the
persons protected or by their employer, or on a qualifying period
of occupational activity, and to legislation or schemes which
provide for such benefits; benefits, the award of which does not
depend on direct financial participation by the persons protected
or by their employer, or on a qualifying period of occupational
activity, and the legislation or schemes under which they are
exclusively awarded, are said to be "non-contributory";
(z) the term "benefits granted under transitional
arrangements" means benefits granted to persons who are over a
given age on the date of entry into force of the legislation
applicable, or benefits granted provisionally in consideration of
events that have occurred or periods that have been completed
outside the current frontiers of the territory of a Contracting
Party.
Article 2
1. This Convention applies to all legislation governing the
following branches of social security:
(a) sickness and maternity benefits;
(b) invalidity benefits;
(c) old-age benefits;
(d) survivors' benefits;
(e) benefits in respect of occupational injuries and diseases;
(f) death grants;
(g) unemployment benefits;
(h) family benefits.
2. This Convention applies to all general social security
schemes and special schemes, whether contributory or
non-contributory, including employers' liability schemes in
respect of the benefits referred to in the preceding paragraph.
Bilateral or multilateral agreements between two or more
Contracting Parties shall determine, as far as possible, the
conditions in which this Convention shall apply to schemes
established by means of collective agreements made compulsory by
decision of the public authorities.
3. Where schemes relating to seafarers are concerned, the
provisions of Title III of this Convention shall apply without
prejudice to the legislation of any Contracting Party governing
the liabilities of ship-owners, who shall be treated as the
employers for the purposes of the application of this Convention.
4. This Convention does not apply to social or medical
assistance schemes, to benefit schemes for victims of war or its
consequences, or to special schemes for civil servants or persons
treated as such.
5. This Convention does not apply to legislation designed to
give effect to a social security convention concluded between a
Contracting Party and one or more other States.
Article 3
1. Annex II specifies, in respect of each Contracting Party,
the legislation and schemes referred to in Article 2, paragraphs 1
and 2.
2. Each Contracting Party shall give notice, in accordance
with the provisions of Article 81, paragraph 1, of any amendment
to be made to Annex II as a result of the adoption of new
legislation. Such notice shall be given within three months from
the date of publication of such legislation or, in the case of
legislation published before the date of ratification of this
Convention, on the date of ratification.
Article 4
1. The provisions of this Convention shall be applicable:
(a) to persons who are or have been subject to the legislation
of one or more of the Contracting Parties and are nationals of a
Contracting Party, or are refugees or stateless persons resident
in the territory of a Contracting Party, as well as to the members
of their families and their survivors;
(b) to the survivors of persons who were subject to the
legislation of one or more of the Contracting Parties,
irrespective of the nationality of such persons, where these
survivors are nationals of a Contracting Party, or refugees or
stateless persons resident in the territory of a Contracting
Party;
(c) without prejudice to Article 2, paragraph 4, to civil
servants and persons treated as such under the legislation of the
Contracting Party concerned, in so far as they are subject to any
legislation of that Contracting Party to which this Convention
applies.
2. Notwithstanding the provisions of sub-paragraph (c) of the
preceding paragraph, the categories of persons - other than
members of the service staff of diplomatic missions or consular
posts and persons employed in the private service of officials of
such missions or posts - in respect of whom the Vienna Convention
on Diplomatic Relations and the Vienna Convention on Consular
Relations provide for exemption from the social security
provisions which are in force in the receiving State, shall not
benefit from the provisions of this Convention.
Article 5
1. Subject to the provisions of Article 6, this Convention
replaces, in respect of persons to whom it is applicable, any
social security conventions binding:
(a) two or more Contracting Parties exclusively; or
(b) at least two Contracting Parties and one or more other
States in respect of cases calling for no action on the part of an
institution of one of the latter States.
2. However, where the application of certain provisions of
this Convention is subject to the conclusion of bilateral or
multilateral agreements, the provisions of the conventions
referred to in sub-paragraphs (a) and (b) of the preceding
paragraph shall remain applicable until the entry into force of
such agreements.
Article 6
1. The provisions of this Convention shall not affect
obligations under any convention adopted by the International
Labour Conference.
2. This Convention shall not affect the provisions on social
security in the Treaty of 25 March 1957 establishing the European
Economic Community nor the association agreements envisaged under
that Treaty nor the measures taken in application of those
provisions.
3. Notwithstanding the provisions of Article 5, paragraph 1,
two or more Contracting Parties may keep in force, by mutual
agreement and in respect of themselves, the provisions of social
security conventions by which they are bound by specifying them in
Annex III or, in the case of provisions relating to the
application of these conventions, by specifying them in an annex
to the Supplementary Agreement for the application of this
Convention.
4. However, this Convention shall apply in all cases requiring
action on the part of an institution of a Contracting Party other
than those which are bound by the provisions referred to in
paragraph 2 or in paragraph 3 of this article as well as in the
case of persons who are entitled to benefits under this Convention
and to whom the said provisions are not exclusively applicable.
5. Two or more Contracting Parties which are bound by the
provisions specified in Annex III may, by mutual agreement and in
respect of themselves, make appropriate amendments to this annex
by giving notice thereof in accordance with the provisions of
Article 81, paragraph 1.
Article 7
1. Two or more Contracting Parties may, if need be, conclude
with each other social security conventions founded on the
principles of this Convention.
2. Each Contracting Party shall give notice, in accordance
with the provisions of Article 81, paragraph 1, of any convention
which it concludes by virtue of the preceding paragraph, and of
any subsequent amendment or denunciation of such a convention.
Such notice shall be given within three months from the date of
entry into force of that convention or its amendment, or from the
date on which its denunciation takes effect.
Article 8
1. Unless otherwise specified in this Convention, persons who
are resident in the territory of a Contracting Party and to whom
the Convention is applicable shall have the same rights and
obligations under the legislation of every Contracting Party as
the nationals of such Party.
2. However, entitlement to non-contributory benefits, the
amount of which does not depend on the length of the periods of
residence completed, may be made conditional on the beneficiary
having resided in the territory of the Contracting Party concerned
or, in the case of survivors' benefits, on the deceased having
resided there for a period which may not be set:
(a) at more than six months immediately preceding the lodging
of the claim, for maternity benefits and unemployment benefits;
(b) at more than five consecutive years immediately preceding
the lodging of the claim, for invalidity benefits, or immediately
preceding death, for survivors' benefits;
(c) at more than ten years between the age of sixteen and the
pensionable age, of which it may be required that five years shall
immediately precede the lodging of the claim, for old-age
benefits.
3. If a person does not fulfil the conditions laid down in
sub-paragraph (b) or sub-paragraph (c) of the preceding paragraph,
but has been subject - or, in the case of survivors' benefits, if
the deceased has been subject - to the legislation of the
Contracting Party concerned for at least one year, that person or
the survivors of the deceased shall nevertheless, without
prejudice to the provisions of Article 27, be entitled to benefits
calculated on the basis of the full benefit and up to an amount
not exceeding it:
(a) in the case of invalidity or death benefits, in proportion
to the ratio of the number of years of residence completed by the
person concerned or the deceased under the said legislation
between the date on which he reached the age of sixteen and the
date of his incapacity for work followed by invalidity or death,
to two-thirds of the number of years separating those two dates,
disregarding any years subsequent to pensionable age;
(b) in the case of old-age pension, in proportion to the ratio
of the number of years of residence completed by the person
concerned under the said legislation between the date on which he
reached the age of sixteen and the pensionable age, to thirty
years.
4. Annex IV specifies, for each Contracting Party concerned,
the benefits provided under its legislation to which the
provisions of paragraph 2 or paragraph 3 of this article are
applicable.
5. Each Contracting Party concerned shall give notice, in
accordance with the provisions of Article 81, paragraph 1, of any
amendment to be made to Annex IV. If such an amendment results
from the adoption of new legislation, such notice shall be given
within three months from the date of publication of that
legislation or, in the case of legislation published before the
date of ratification of this Convention, on the date of
ratification.
6. The provisions of paragraph 1 of this article shall not
affect the legislation of any Contracting Party in so far as it
concerns participation in social security administration or
membership of social security tribunals.
7. Special measures may be adopted concerning the
participation in voluntary insurance or optional continued
insurance of persons not resident in the territory of the
Contracting Party concerned, or the entitlement to benefits under
the transitional arrangements specified in Annex VII.
Article 9
1. The benefit of the provisions of social security
conventions which remain in force by virtue of Article 6,
paragraph 3, and the provisions of social security conventions
concluded by virtue of Article 7, paragraph 1, may be extended, by
agreement between the Parties bound thereby, to nationals of every
Contracting Party.
2. Annex V specifies the provisions of social security
conventions which remain in force by virtue of Article 6,
paragraph 3, and whose application is to be extended, in
accordance with paragraph 1 of the present article, to nationals
of every Contracting Party.
3. The Contracting Parties concerned shall give notice, in
accordance with the provisions of Article 81, paragraph 1, of the
provisions of the social security conventions concluded by them by
virtue of Article 7, paragraph 1, whose application is extended,
in accordance with paragraph 1 of the present article, to
nationals of every Contracting Party. The provisions of the said
conventions shall be indicated in Annex V.
4. Two or more Contracting Parties which are bound by the
provisions specified in Annex V may, by mutual agreement and in
respect of themselves, make appropriate amendments to this annex
by giving notice thereof in accordance with the provisions of
Article 81, paragraph 1.
Article 10
If the legislation of a Contracting Party makes admission to
voluntary insurance or optional continued insurance conditional
upon the completion of periods of insurance, the institution
applying that legislation shall to that end, for the purpose of
adding periods together, take account, to the extent necessary, of
periods of insurance completed under the legislation of any other
Contracting Party and, where appropriate, of periods of residence
completed after the age of sixteen under the non-contributory
scheme of any other Contracting Party, as if they had been periods
of insurance completed under the legislation of the first Party.
Article 11
1. Unless otherwise specified in this Convention, neither
invalidity cash benefits, old-age or survivors' cash benefits,
pensions in respect of occupational injuries or diseases, nor
death grants, payable under the legislation of one or more
Contracting Parties, shall be liable to reduction, modification,
suspension, suppression or forfeiture by reason of the fact that
the beneficiary is resident in the territory of a Contracting
Party other than that in which the institution liable for payment
is situated.
2. However, notwithstanding the provisions of Article 8,
paragraphs 1 and 2, the invalidity, old-age or survivors' benefits
specified in Annex IV shall be calculated in accordance with the
provisions of sub-paragraph (a) or sub-paragraph (b) of paragraph
3 of the said Article 8, as the case may be, if the beneficiary is
resident in the territory of a Contracting Party other than that
in which the institution liable for payment is situated.
3. The provisions of paragraphs 1 and 2 of the present article
shall not apply to the following benefits, in so far as they are
specified in Annex VI:
(a) special non-contributory benefits granted to invalids who
are unable to earn a living;
(b) special non-contributory benefits granted to persons not
entitled to normal benefits;
(c) benefits granted under transitional arrangements;
(d) special benefits granted as assistance or in case of need.
4. Each Contracting Party concerned shall give notice, in
accordance with the provisions of Article 81, paragraph 1, of any
amendment to be made to Annex VI. If such an amendment results
from the adoption of new legislation, such notice shall be given
within three months from the date of publication of that
legislation or, in the case of legislation published before the
date of ratification of this Convention, on the date of
ratification.
5. Where the legislation of a Contracting Party makes the
repayment of contributions conditional upon the person concerned
having ceased to be subject to compulsory insurance, that
condition shall not be regarded as fulfilled so long as that
person is subject to compulsory insurance under the legislation of
any other Contracting Party.
6. The Contracting Parties shall determine by means of
bilateral or multilateral agreements the conditions of payment of
benefits referred to in paragraph 1 of the present article due to
persons enjoying rights under this Convention who are resident in
the territory of a State which is not a Contracting Party.
Article 12
The rules governing changes in rates of benefits laid down in
the legislation of a Contracting Party shall be applicable to
benefits payable under such legislation in accordance with the
provisions of this Convention.
Article 13
1. Except for benefits in respect of invalidity, old age,
survivors or occupational disease which are paid by the
institutions of two or more Contracting Parties in accordance with
the provisions of Article 29 or of Article 47, sub-paragraph (b),
this Convention shall not confer or maintain entitlement to
several benefits of the same nature or to several benefits
relating to one and the same period of compulsory insurance.
2. Provisions in the legislation of a Contracting Party for
the reduction, suspension or suppression of benefits where there
is overlapping with other benefits or other income, or because of
an occupational activity, shall apply also to a beneficiary in
respect of benefits acquired under the legislation of another
Contracting Party or in respect of income obtained, or occupation
followed, in the territory of another Contracting Party. This rule
shall not, however, apply to benefits of the same nature payable
in respect of invalidity, old age, survivors or occupational
disease by the institutions of two or more Contracting Parties in
accordance with the provisions of Article 29 or of Article 47,
sub-paragraph (b).
TITLE II. PROVISIONS WHICH DETERMINE
THE LEGISLATION APPLICABLE
Article 14
In respect of persons coming within the scope of this
Convention, the legislation applicable shall be determined in
accordance with the following provisions:
(a) employed persons who are employed in the territory of a
Contracting Party shall be subject to the legislation of that
Party, even if they are resident in the territory of another
Contracting Party or if the undertaking which employs them has its
principal place of business, or their employer has his place of
residence, in the territory of another Contracting Party;
(b) workers who follow their occupation on board a ship flying
the flag of a Contracting Party shall be subject to the
legislation of that Party;
(c) self-employed persons who follow their occupation in the
territory of a Contracting Party shall be subject to the
legislation of that Party, even if they reside in the territory of
another Contracting Party;
(d) civil servants and persons treated as such shall be
subject to the legislation of the Contracting Party in whose
administration they are employed.
Article 15
1. The rule stated in Article 14, sub-paragraph (a), shall
apply subject to the following exceptions or modifications:
(a) (i) employed persons who are employed in the territory of
a Contracting Party by an undertaking which is their regular
employer and who are sent by that undertaking to work for it
in the territory of another Contracting Party shall remain
subject to the legislation of the first Party provided that
the expected duration of the work does not exceed twelve
months and that they are not sent to replace other employed
persons who have completed their period of employment abroad;
(ii) if the work to be carried out continues because of
unforeseeable circumstances for a period longer than
originally intended and exceeding twelve months, the
legislation of the first Party shall remain applicable until
the work is completed, subject to the consent of the competent
authority of the second Party or of the body designated by it;
(b) (i) employed persons who are employed in international
transport in the territory of two or more Contracting Parties
as travelling personnel in the service of an undertaking which
has its principal place of business in the territory of a
Contracting Party and which, on behalf of others or on its own
account, transports passengers or goods by rail, road, air or
inland waterway, shall be subject to the legislation of the
latter Party;
(ii) however, if they are employed by a branch or
permanent agency which the said undertaking has in the
territory of a Contracting Party other than the Party in whose
territory it has its principal place of business, they shall
be subject to the legislation of the Contracting Party in
whose territory the branch or permanent agency is situated;
(iii) if they are employed wholly or mainly in the
territory of the Contracting Party where they are resident,
they shall be subject to the legislation of that Party, even
if the undertaking which employs them has neither its
principal place of business nor a branch or permanent agency
in that territory;
(c) (i) employed persons other than those in international
transport who normally follow their occupation in the
territory of two or more Contracting Parties shall be subject
to the legislation of the Contracting Party in whose territory
they reside if their occupation is carried on partly in that
territory or if they are employed by several undertakings or
by several employers having their principal places of business
or their places of residence in the territory of different
Contracting Parties;
(ii) in other cases, they shall be subject to the
legislation of the Contracting Party in whose territory the
undertaking which employs them has its principal place of
business or their employer has his place of residence;
(d) employed persons who are employed in the territory of a
Contracting Party by an undertaking which has its principal place
of business in the territory of another Contracting Party and lies
astride the common frontier of the Contracting Parties concerned
shall be subject to the legislation of the Contracting Party in
whose territory the undertaking has its principal place of
business.
2. The rule stated in Article 14, sub-paragraph (b), shall
apply subject to the following exceptions:
(a) employed persons who are employed by an undertaking which
is their regular employer, either in the territory of a
Contracting Party or on board a ship flying the flag of a
Contracting Party, and who are sent by that undertaking to work
for it on board a ship flying the flag of another Contracting
Party, shall remain subject to the legislation of the first Party,
subject to the conditions laid down in paragraph 1, sub-paragraph
a, of the present Article;
(b) workers who normally follow their occupation in the
territorial waters or in a port of a Contracting Party on board a
ship flying the flag of another Contracting Party but who are not
members of the ship's crew, shall be subject to the legislation of
the first Party; and
(c) employed persons who are employed on board a ship flying
the flag of a Contracting Party and who are paid in respect of
this occupation by an undertaking having its principal place of
business, or by a person having his place of residence, in the
territory of another Contracting Party, shall be subject to the
legislation of the latter Party if they reside in its territory;
the undertaking or person paying the remuneration shall be
considered as the employer for the purpose of the application of
the said legislation.
3. The rule stated in Article 14, sub-paragraph (c), shall
apply subject to the following exceptions or modifications:
(a) self-employed persons who reside in the territory of one
Contracting Party and follow their occupation in the territory of
another Contracting Party shall be subject to the legislation of
the first Party:
(i) if the second Party has no legislation applicable to
them, or
(ii) if, under the legislation of the two Parties
concerned, self-employed persons are subject to such
legislation solely by reason of the fact that they are
resident in the territory of those Parties;
(b) self-employed persons who normally follow their occupation
in the territory of two or more Contracting Parties shall be
subject to the legislation of the Contracting Party in whose
territory they are resident, if they work partly in that territory
or if, under that legislation, they are subject to it solely by
reason of the fact that they are resident in the territory of that
Party;
(c) where the self-employed persons referred to in the
preceding sub-paragraph do not follow a part of their occupation
in the territory of the Contracting Party where they are resident,
or where, under the legislation of that Party, they are not
subject to that legislation solely by reason of the fact that they
are resident, or where that Party has no legislation applicable to
them, they shall be subject to the legislation jointly agreed upon
by the Contracting Parties concerned or by their competent
authorities.
4. Where by virtue of the preceding paragraphs of this
article, a worker is subject to the legislation of a Contracting
Party in whose territory he does not work, that legislation shall
be applicable to him as if he worked in the territory of that
Party.
Article 16
1. The provisions of Articles 14 and 15 shall not apply to
voluntary insurance or optional continued insurance.
2. Where the application of the legislation of two or more
Contracting Parties would result in affiliation to a compulsory
insurance scheme and at the same time permit membership of one or
more voluntary insurance or optional continued insurance schemes,
the person concerned shall be subject exclusively to the
compulsory insurance scheme. However, in respect of invalidity,
old age and death pensions, this Convention shall not affect the
provisions of legislation of any Contracting Party permitting
simultaneous affiliation to a voluntary insurance or optional
continued insurance scheme and to a compulsory insurance scheme.
3. Where the application of the legislation of two or more
Contracting Parties would result in the possibility of membership
of two or more voluntary insurance or optional continued insurance
schemes, the person concerned shall be admitted solely to the
voluntary insurance or optional continued insurance scheme of the
Contracting Party in whose territory he is resident or, if he is
not resident in the territory of one of these Contracting Parties,
to the scheme of that Contracting Party for whose legislation he
has opted.
Article 17
1. The provisions of Article 14, sub-paragraph (a), shall
apply to members of the service staff of diplomatic missions or
consular posts, and also to persons employed in the private
service of officials of such missions or posts.
2. However, workers referred to in the preceding paragraph,
who are nationals of a Contracting Party which is the sending
State, may opt for the application of the legislation of that
Party. Such right of option may be exercised only once, within the
three months following the entry into force of this Convention or
on the date on which the person concerned is engaged by the
diplomatic mission or consular post or enters the private service
of an official of that mission or that post, as the case may be.
The option shall take effect on the date on which it is exercised.
Article 18
1. The competent authorities of two or more Contracting
Parties may, by agreement, provide for exceptions to the
provisions of Articles 14 to 17 in the interests of persons
affected thereby.
2. The application of the provisions of the preceding
paragraph shall, if need be, be subject to a request by the
workers concerned and, where appropriate, by their employers.
Moreover, such application shall be the subject of a decision by
which the competent authority of the Contracting Party whose
legislation is applicable confirms that the said workers are no
longer subject to the aforesaid legislation and will henceforth be
subject to the legislation of another Contracting Party.
TITLE III. SPECIAL PROVISIONS GOVERNING THE VARIOUS
CATEGORIES OF BENEFITS
Chapter 1
SICKNESS AND MATERNITY
Article 19
1. Where the legislation of a Contracting Party makes the
acquisition, maintenance or recovery of the entitlement to
benefits conditional upon the completion of periods of insurance,
the competent institution of that Party shall, to that end, for
the purpose of adding periods together, take account, to the
extent necessary, of periods of insurance completed under the
legislation of any other Contracting Party and, where appropriate,
of periods of residence completed after the age of sixteen under
non-contributory schemes of any other Contracting Party, as if
they were periods of insurance completed under the legislation of
the first Party.
2. Where the legislation of a Contracting Party makes
admission to compulsory insurance conditional upon the completion
of periods of insurance, periods of insurance completed under the
legislation of any other Contracting Party and, where appropriate,
periods of residence completed after the age of sixteen under the
non-contributory schemes of any other Contracting Party shall, to
that end, for the purpose of adding periods together, be taken
into account, to the extent necessary, as if they were periods of
insurance completed under the legislation of the first Party.
Article 20
1. Persons who reside in the territory of a Contracting Party
other than the competent State and who satisfy the conditions for
entitlement prescribed by the legislation of the latter State,
regard being had, where appropriate, to the provisions of Article
19, shall receive in the territory of the Contracting Party in
which they are resident:
(a) benefits in kind, provided at the expense of the competent
institution by the institution of the place of residence in
accordance with the provisions of the legislation which the latter
institution applies, as if these persons were affiliated to it;
(b) cash benefits, paid by the competent institution in
accordance with the provisions of the legislation which it
applies, as if these persons were resident in the territory of the
competent State. However, by agreement between the competent
institution and the institution of the place of residence, cash
benefits may also be paid through the latter institution, on
behalf of the competent institution.
2. The provisions of the preceding paragraph shall apply,
mutatis mutandis, in respect of benefits in kind to members of the
family who are resident in the territory of a Contracting Party
other than the competent State.
3. Benefits may also be paid to frontier workers by the
competent institution in the territory of the competent State, in
accordance with the provisions of the legislation of that State,
as if they were resident in its territory. However, members of
their family shall be entitled to benefits in kind under the same
conditions only if there is an agreement to that effect between
the competent authorities of the Contracting Parties concerned, or
failing that, except in case of emergency, if there is prior
authorisation by the competent institution.
4. Persons to whom this article applies, other than frontier
workers or members of their families, who are temporarily resident
in the territory of the competent State, shall be entitled to
benefits in accordance with the provisions of the legislation of
that State as if they were resident in its territory even if they
were already receiving benefits for the same case of sickness or
maternity before taking up their temporary residence.
5. Persons to whom this article applies who transfer their
residence to the territory of the competent State shall be
entitled to benefits in accordance with the provisions of the
legislation of that State, even if they were already receiving
benefits for the same case of sickness or maternity before
transferring their residence.
Article 21
1. Persons who satisfy the conditions for entitlement to
benefits under the legislation of the competent State, regard
being had, where appropriate, to the provisions of Article 19,
and:
(a) whose condition necessitates the immediate provision of
benefits during temporary residence in the territory of a
Contracting Party other than the competent State, or
(b) who, having become entitled to benefits payable by the
competent institution, are authorised by that institution to
return to the territory of a Contracting Party other than the
competent State where they are resident or to transfer their
residence to the territory of a Contracting Party other than the
competent State, or
(c) who are authorised by the competent institution to go to
the territory of a Contracting Party other than the competent
State in order to receive the treatment required by their
condition,
shall receive:
(i) benefits in kind, provided at the expense of the
competent institution by the institution of the place of
residence or temporary residence in accordance with the
provisions of the legislation applied by the latter
institution, as if these persons were affiliated to it, for a
period not exceeding any period which may be prescribed by the
legislation of the competent State;
(ii) cash benefits, paid by the competent institution in
accordance with the provisions of the legislation which it
applies, as if these persons were in the territory of the
competent State. However, by agreement between the competent
institution and the institution of the place of residence or
temporary residence, cash benefits may be paid through the
latter institution, on behalf of the competent institution.
2. (a) The authorisation referred to in sub-paragraph (b) of
the preceding paragraph may be refused only if the move might
prejudice the health or the course of medical treatment of the
person concerned;
(b) the authorisation referred to in sub-paragraph (c) of the
preceding paragraph shall not be refused when the requisite
treatment cannot be given in the territory of the Contracting
Party in which the person concerned resides.
3. The provisions of the preceding paragraphs of this Article
shall apply, mutatis mutandis, to members of the family in respect
of benefits in kind.
Article 22
1. Where the legislation of a Contracting Party makes the
provision of benefits in kind to members of the family conditional
on their being personally insured, the provisions of Articles 20
and 21 shall apply to members of the family of a person subject to
that legislation only if they are personally affiliated to the
same institution of the said Party as that person, or to another
institution of the said Party which provides corresponding
benefits.
2. Where the legislation of a Contracting Party provides that
the calculation of cash benefits shall be based on average
earnings, the competent institution of that Party shall determine
those average earnings exclusively on the basis of the earnings
recorded during the periods completed under the said legislation.
3. Where the legislation of a Contracting Party provides that
the calculation of cash benefits shall be based on fixed earnings,
the competent institution of that Party shall take account
exclusively of such fixed earnings or, where appropriate, of the
average fixed earnings corresponding to the periods completed
under the said legislation.
4. Where the legislation of a Contracting Party provides that
the amount of cash benefits shall vary with the number of members
of the family, the competent institution of that Party shall take
account also of members of the family resident in the territory of
another Contracting Party, as if they were resident in the
territory of the first Party.
Article 23
Unemployed persons who satisfy the conditions for entitlement
to benefits in kind under the legislation of the Contracting Party
responsible for providing unemployment benefit, regard being had,
where appropriate, to the provisions of Article 19, shall be
entitled, together with the members of their families, to benefits
in kind if they are resident in the territory of another
Contracting Party. Such benefits in kind shall be provided by the
institution of the place of residence in accordance with the
provisions of the legislation which that institution applies, as
if the persons concerned were entitled to the benefits by virtue
of that legislation, but the cost shall be borne by the competent
institution of the first-mentioned Party.
Article 24
1. Where a person receiving a pension under the legislation of
two or more Contracting Parties is entitled to benefits in kind
under the legislation of the Contracting Party in whose territory
he is resident, regard being had, where appropriate, to the
provisions of Article 19, such benefits shall be provided for him
and for the members of his family by the institution of the place
of residence at its own cost, as if he were a pensioner under the
legislation of the latter Party only.
2. Where a person receiving a pension under the legislation of
a Contracting Party or pensions under the legislation of two or
more Contracting Parties, is not entitled to benefits in kind
under the legislation of the Contracting Party in whose territory
he is resident, he shall nevertheless be entitled to such benefits
for himself, and for the members of his family, if he is entitled
to them under the legislation of the former Party, or of one of
the former Parties, regard being had, where appropriate, to the
provisions of Article 19, or if he would be entitled to them if he
were resident in the territory of one of those Parties. The
benefits in kind shall be provided by the institution of the place
of residence, in accordance with the provisions of the legislation
which it applies, as if the pensioner were entitled to the said
benefits under that legislation, but the cost shall be borne by
the institution as determined under the rules laid down in the
following paragraph.
3. In the cases referred to in the preceding paragraph, the
institution which shall bear the cost of the benefits in kind
shall be determined according to the following rules:
(a) where the pensioner is entitled to the said benefits under
the legislation of one Contracting Party only, the cost shall be
borne by the competent institution of that Party;
(b) where the pensioner is entitled to the said benefits under
the legislation of two or more Contracting Parties, the cost shall
be borne by the competent institution of the Contracting Party
under whose legislation the pensioner completed the longest period
of insurance or residence; if by virtue of this rule two or more
institutions would be liable for the cost of the benefits, the
cost shall be borne by the institution of the Contracting Party to
whose legislation the pensioner was last subject.
4. Where the members of the family of a person receiving a
pension under the legislation of a Contracting Party or pensions
under the legislation of two or more Contracting Parties are
resident in the territory of a Contracting Party other than that
in which the pensioner himself resides, they shall receive
benefits in kind as if the pensioner were resident in the same
territory, provided that he is entitled to such benefits under the
legislation of a Contracting Party. The benefits in kind shall be
provided by the institution of the place of residence of the
members of the family under the provisions of the legislation
which it applies, as if they were entitled to such benefits under
that legislation, but their cost shall be borne by the institution
of the pensioner's place of residence.
5. Members of the family to whom the preceding paragraph
applies who transfer their residence to the territory of the
Contracting Party in which the pensioner resides shall be entitled
to benefits under the provisions of the legislation of that Party
even if they have already received benefits for the same case of
sickness or maternity before transferring their residence.
6. A person receiving a pension under the legislation of a
Contracting Party, or pensions under the legislation of two or
more Contracting Parties, who is entitled to benefits in kind
under the legislation of one of these Parties, shall, together
with the members of his family, be entitled to such benefits:
(a) during temporary residence in the territory of a
Contracting Party other than that in which they are resident,
where their condition requires the immediate provision of benefit;
or
(b) where they have been authorised by the institution of the
place of residence to go to the territory of a Contracting Party
other than that in which they are resident in order to receive the
treatment required by their condition.
7. In the cases referred to in the preceding paragraph, the
benefits in kind shall be provided by the institution of the place
of temporary residence in accordance with the provisions of the
legislation which it applies, as if the persons concerned were
entitled to such benefits under that legislation, but the cost
shall be borne by the institution of the pensioner's place of
residence.
8. Where the legislation of a Contracting Party provides for
contributions to be deducted from the pension payable for the
purpose of entitlement to benefits in kind, the institution of the
Party which pays the pension shall be authorised to make such
deductions if the cost of the benefits in kind is borne by an
institution of that Party by virtue of this Article.
Article 25
1. Where the legislation applied by the institution of the
place of residence or temporary residence provides for two or more
sickness and maternity insurance schemes, the rules to be applied
in respect of the provision of benefits in kind, in the cases
covered by Article 20, paragraphs 1 and 2, Article 21, paragraphs
1 and 3, Article 23, and Article 24, paragraphs 2, 4 and 6, shall
be those of the general scheme or, failing that, of the scheme for
industrial workers.
2. Where the legislation of a Contracting Party makes the
award of benefits dependent on the origin of the sickness, that
condition shall not apply to persons covered by this Convention,
irrespective of the territory of the Contracting Party in which
they reside.
3. Where the legislation of a Contracting Party fixes a
maximum period for the award of benefits, the institution which
applies that legislation may, where appropriate, take account of
any period during which benefits have already been provided by the
institution of another Contracting Party for the same case of
sickness or maternity.
Article 26
1. The application of the provisions of Articles 20, 21, 23
and 24 as between two or more Contracting Parties shall be subject
to the conclusion between those Parties of bilateral or
multilateral agreements which may also contain appropriate special
arrangements.
2. The agreements referred to in the preceding paragraph shall
specify in particular:
(a) the categories of persons to whom the provisions of
Articles 20, 21, 23 and 24 shall apply;
(b) the period during which benefits in kind may be provided
by the institution of one Contracting Party, the cost being borne
by the institution of another Contracting Party;
(c) the special conditions governing the supply of prosthetic
appliances, major aids and other major benefits in kind;
(d) rules to prevent the overlapping of benefits of the same
kind;
(e) arrangements for the refund of benefits provided by the
institution of one Contracting Party, the cost being borne by the
institution of another Contracting Party.
3. Two or more Contracting Parties may agree that there shall
be no refunds between the institutions in their jurisdiction.
Chapter 2
INVALIDITY, OLD AGE AND DEATH (PENSIONS)
Section 1. COMMON PROVISIONS
Article 27
Where a person has been subject successively or alternatively
to the legislation of two or more Contracting Parties, the said
person or his survivors shall be entitled to benefits in
accordance with the provisions of this chapter, even if such
persons would be entitled to claim benefits under the legislation
of one or more Contracting Parties without these provisions being
applied.
Article 28
1. Where the legislation of a Contracting Party makes the
acquisition, maintenance or recovery of entitlement to benefits
conditional upon the completion of periods of insurance, the
institution which applies that legislation shall, to that end, for
the purpose of adding periods together, take account of periods of
insurance completed under the legislation of any other Contracting
Party and, where appropriate, of periods of residence completed
after the age of sixteen under non-contributory schemes of any
other Contracting Party, as if they were periods of insurance
completed under the legislation of the first Party.
2. Where the legislation of a Contracting Party makes the
acquisition, maintenance or recovery of entitlement to benefits
conditional upon the completion of periods of residence, the
institution which applies that legislation shall, to that end, for
the purpose of adding periods together, take account of periods of
insurance completed under the legislation of any other Contracting
Party, and, where appropriate, of periods of residence completed
after the age of sixteen under non-contributory schemes of any
other Contracting Party, as if they were periods of residence
completed under the legislation of the first Party.
3. Where, under the legislation of a Contracting Party, a
person has been affiliated at the same time to a contributory
scheme and to a non-contributory scheme for the same contingency,
the institution of any other Contracting Party concerned shall
have regard, in applying paragraphs 1 or 2 of this article, to the
longest period of insurance or of residence completed under the
legislation of the first Party.
4. Where the legislation of a Contracting Party makes the
provision of certain benefits conditional upon the completion of
periods of insurance in an occupation covered by a special scheme
or in a specified occupation or employment, only periods completed
under a corresponding scheme, or, failing that, in the same
occupation or, where appropriate, in the same employment, under
the legislation of other Contracting Parties, shall be taken into
account for the award of such benefits. If, notwithstanding
periods completed in this way, the person concerned does not
satisfy the conditions for entitlement to the said benefits, the
periods concerned shall be taken into account for the award of
benefits under the general scheme or, failing that, the scheme
applicable to wage-earners or to salaried employees, as
appropriate.
5. Where the legislation of a Contracting Party, which does
not make entitlement to benefits or the amount thereof subject to
any specific period of insurance or employment but makes the
provision of such benefits conditional on the person concerned or,
in the case of survivors' benefits, the deceased, having been
subject to that legislation at the time at which the contingency
arose, that condition shall be considered fulfilled if the person
concerned or the deceased, as the case may be, was subject at that
time to the legislation of another Contracting Party.
6. Where the legislation of a Contracting Party provides that
the period of payment of a pension may be taken into consideration
for the acquisition, maintenance or recovery of entitlement to
benefits, the competent institution of that Party shall to that
end take account of any period during which a pension was paid
under the legislation of any other Contracting Party.
Article 29
1. The institution of each Contracting Party to whose
legislation the person concerned has been subject shall determine,
in accordance with the legislation which it applies, whether such
person satisfies the conditions for entitlement to benefits having
regard, where appropriate, to the provisions of Article 28.
2. If the person concerned satisfies those conditions, the
said institution shall calculate the theoretical amount of the
benefit he could claim if all the periods of insurance and of
residence completed under the legislation of the Contracting
Parties concerned, and taken into account for determining
entitlement, in accordance with the provisions of Article 28, had
been completed exclusively under the legislation which that
institution applies.
3. However,
(a) in the case of benefits the amount of which does not
depend on the length of periods completed, that amount shall be
taken to be the theoretical amount referred to in the preceding
paragraph;
(b) in the case of benefits specified in Annex IV, the
theoretical amount referred to in the preceding paragraph may be
calculated on the basis of the full benefit and up to an amount
not exceeding it:
(i) in the case of invalidity or death, in proportion to
the ratio of the total periods of insurance and residence
completed, before the contingency arose, by the person
concerned or the deceased under the legislation of all
Contracting Parties concerned and taken into account in
accordance with the provisions of Article 28, to two-thirds
the number of years which elapsed between the date on which
the person concerned or the deceased reached the age of
sixteen and the date on which occurred the incapacity for work
followed by invalidity or the death, as the case may be,
disregarding any years subsequent to pensionable age;
(ii) in the case of old age, in proportion to the ratio of
the total periods of insurance and residence completed by the
person concerned under the legislation of all the Contracting
Parties concerned, and taken into account in accordance with
the provisions of Article 28, to thirty years, disregarding
any years subsequent to pensionable age.
4. The said institution shall then calculate the actual amount
of the benefit payable by it to the person concerned on the basis
of the theoretical amount calculated in accordance with the
provisions of paragraph 2 or of paragraph 3 of this article, as
appropriate, and in proportion to the ratio of the periods of
insurance or residence completed before the contingency arose
under the legislation which it applies, to the total of the
periods of insurance or residence completed before the contingency
arose under the legislation of all the Contracting Parties
concerned.
5. Where the legislation of a Contracting Party provides that
the amount of benefits or certain parts thereof shall be in
proportion to the periods of insurance or residence completed, the
competent institution of that Party may calculate those benefits
or parts thereof directly, solely on the basis of the periods
completed under the legislation which it applies, notwithstanding
the provisions of paragraphs 2 to 4 of this Article.
Article 30
1. For the calculation of the theoretical amount referred to
in Article 29, paragraph 2:
(a) where the legislation of a Contracting Party provides that
benefits shall be calculated on the basis of average earnings, an
average contribution, an average increase or on the basis of the
ratio of the claimant's gross earnings during the periods of
insurance to the average gross earnings of all insured persons
other than apprentices, such average figures or ratios shall be
determined by the competent institution of that Party solely on
the basis of the periods completed under the legislation of the
said Party or of the gross earnings received by the person
concerned during those periods only;
(b) where the legislation of a Contracting Party provides that
benefits shall be calculated on the basis of the amount of
earnings, contributions or increases, the earnings, contributions
or increases to be taken into account by the competent institution
of that Party in respect of periods completed under the
legislation of other Contracting Parties shall be determined on
the basis of the average earnings, contributions or increases
recorded for the periods completed under the legislation of the
first Party;
(c) where the legislation of a Contracting Party provides that
benefits shall be calculated on the basis of fixed earnings or a
fixed amount, the earnings or the amount to be taken into account
by the competent institution of that Party in respect of periods
completed under the legislation of other Contracting Parties shall
be equal to the fixed earnings or the fixed amount or, where
appropriate, the average fixed earnings or fixed amount
corresponding to the periods completed under the legislation of
the first Party;
(d) where the legislation of a Contracting Party provides that
benefits shall be calculated, in respect of certain periods, on
the basis of earnings and, in respect of other periods, on the
basis of fixed earnings or a fixed amount, the competent
institution of that Party shall take into account, in respect of
periods completed under the legislation of other Contracting
Parties, the earnings or amounts determined in accordance with the
provisions of sub-paragraph (b) or sub-paragraph (c) of this
paragraph, as appropriate; where in respect of all the periods
completed under the legislation of the first Party, the benefits
are calculated on the basis of fixed earnings or a fixed amount,
the earnings to be taken into account by the competent institution
of that Party, in respect of periods completed under the
legislation of other Contracting Parties, shall be equal to the
notional earnings corresponding to the said fixed earnings or
fixed amount.
2. Where the legislation of a Contracting Party embodies rules
providing for the revaluation of the factors taken into account
for the calculation of benefits, these rules shall apply, where
appropriate, to the factors taken into account by the competent
institution of that Party, in accordance with the provisions of
the preceding paragraph, in respect of periods completed under the
legislation of other Contracting Parties.
3. Where the legislation of a Contracting Party provides that
the amount of benefits shall vary with the number of members of
the family, the competent institution of that Party shall take
account also of the members of the family resident in the
territory of another Contracting Party, as if they were resident
in the territory of the first Party.
Article 31
1. Notwithstanding the provisions of Article 29, where the
total duration of the periods of insurance or residence completed
under the legislation of a Contracting Party is less than one year
and where, taking into account only those periods, no entitlement
to benefits exists under that legislation, the institution of the
Party concerned shall not be bound to award benefits in respect of
the said periods.
2. The periods referred to in the preceding paragraph shall be
taken into account by the institution of each of the other
Contracting Parties concerned for the purpose of applying Article
29, except paragraph 4 thereof.
3. However, where the application of the provisions of
paragraph 1 of this article would have the effect of relieving all
the institutions concerned of the obligation to award benefits,
benefits shall be awarded exclusively under the legislation of the
last Contracting Party whose conditions are fulfilled by the
person concerned, regard being had to the provisions of Article
28, as if all the periods referred to in paragraph 1 of the
present article had been completed under the legislation of that
Party.
Article 32
1. Notwithstanding the provisions of Article 29, where the
total of all periods of insurance or residence completed under the
legislation of a Contracting Party is at least one year but less
than five years, the institution of that Party shall not be bound
to award old-age benefits in respect of the said periods.
2. The periods referred to in the preceding paragraph shall be
taken into account, for the purpose of applying Article 29, by the
institution of the Contracting Party under whose legislation the
person concerned completed the longest period of insurance or
residence, as if the periods in question had been completed under
the legislation of that Party. Where, under this rule, the said
periods would have to be taken into account by more than one
institution, they shall be taken into account only by the
institution of the Contracting Party to whose legislation the
person concerned was last subject.
3. The institution referred to in paragraph 1 of this article
shall transfer to the institution mentioned in paragraph 2, in
final settlement, a lump sum equal to ten times the annual amount
of the part-benefit payable by the last-mentioned institution, in
accordance with the provisions of Article 29, in respect of
periods completed under the legislation applied by the first
institution. The competent authorities of the Contracting Parties
concerned may agree on different arrangements for settling their
liabilities in respect of such periods.
4. However, where the application of the provisions of
paragraph 1 of this article would have the effect of relieving all
the institutions concerned of the obligation to award benefits,
benefits shall be awarded in accordance with the provisions of
Article 29.
5. Where the combined application of the provisions of Article
31, paragraph 1, and of paragraph 1 of this article would have the
effect of relieving all the institutions concerned of the
obligation to award benefits, benefits shall be awarded in
accordance with the provisions of Article 29, without prejudice to
the provisions of Article 31, paragraphs 1 and 2.
6. The application of the provisions of the preceding
paragraphs of this article as between two or more Contracting
Parties shall be subject to the conclusion of bilateral or
multilateral agreements between those Parties and shall be limited
to cases in which the persons concerned have been subject
exclusively to the legislation of those Parties.
Article 33
1. If the person concerned does not, at a given date, satisfy
the conditions required by the legislation of all the Contracting
Parties concerned, regard being had to the provisions of Article
28, but satisfies the conditions of the legislation of only one or
more of them, the following provisions shall apply:
(a) the amount of the benefits payable shall be calculated in
accordance with the provisions of paragraphs 2 to 4 or of
paragraph 5 of Article 29, as appropriate, by each of the
competent institutions applying legislation the conditions of
which are fulfilled;
(b) however,
(i) if the person concerned satisfies the conditions of at
least two legislations, without any need to include periods of
insurance or residence completed under legislations the
conditions of which are not fulfilled, such periods shall not
be taken into account for the purpose of applying the
provisions of Article 29, paragraphs 2 to 4;
(ii) if the person concerned satisfies the conditions of
one legislation only, without any need to invoke the
provisions of Article 28, the amount of the benefit payable
shall be calculated exclusively in accordance with the
provisions of the legislation the conditions of which are
fulfilled, taking account of periods completed under that
legislation only.
2. Benefits awarded under one or more of the legislations
concerned in the case covered by the preceding paragraph shall be
recalculated ex officio, in accordance with the provisions of
paragraphs 2 to 4 or of paragraph 5 of Article 29, as appropriate,
as and when the conditions prescribed by the other legislation or
legislations concerned are satisfied, regard being had, where
appropriate, to the provisions of Article 28.
3. Benefits awarded under the legislation of two or more
Contracting Parties shall be recalculated, in accordance with the
provisions of paragraph 1 of this article, at the request of the
beneficiary, when the conditions prescribed by one or more of the
legislations concerned cease to be fulfilled.
Article 34
1. Where the amount of the benefits a person would be entitled
to claim under the legislation of a Contracting Party,
disregarding the provisions of Articles 28 to 33, is greater than
the total benefits payable in accordance with those provisions,
the competent institution of that Party shall pay a supplement
equal to the difference between the two amounts, and shall bear
the whole cost thereof.
2. Where the application of the provisions of the preceding
paragraph would have the effect of entitling the person concerned
to supplements from the institutions of two or more Contracting
Parties, he shall receive only whichever is the largest, and the
cost shall be apportioned among the competent institutions of the
Contracting Parties concerned according to the ratio between the
amount of the supplement which each of them would have to pay if
it alone had been concerned and the amount of the combined
supplement which all the said institutions would have had to pay.
3. The supplement referred to in the preceding paragraphs of
this article shall be regarded as a component of the benefits
provided by the institution liable for payment. Its amount shall
be determined once and for all, except where it may be necessary
to apply the provisions of paragraph 2 or paragraph 3 of Article
33.
Section 2. SPECIAL PROVISIONS CONCERNING INVALIDITY
Article 35
1. In the event of an aggravation of any invalidity for which
a person is receiving benefits under the legislation of one
Contracting Party only, the following provisions shall apply:
(a) if the person concerned, since he began to receive
benefits, has not been subject to the legislation of any other
Contracting Party, the competent institution of the first Party
shall be bound to award benefits, taking the aggravation into
account, in accordance with the provisions of the legislation
which that institution applies;
(b) if the person concerned, since he began to receive
benefits, has been subject to the legislation of one or more other
Contracting Parties, benefits shall be awarded, taking the
aggravation into account, in accordance with the provisions of
Articles 28 to 34;
(c) in the case referred to in the preceding sub-paragraph,
the date on which the aggravation was established shall be
regarded as the date on which the contingency arose;
(d) if in the case referred to in sub-paragraph (b) of this
paragraph the person concerned is not entitled to benefits from
the institution of another Contracting Party, the competent
institution of the first Party shall be bound to award benefits,
taking the aggravation into account, in accordance with the
provisions of the legislation which that institution applies.
2. In the event of an aggravation of any invalidity for which
a person is receiving benefits under the legislation of two or
more Contracting Parties, benefits shall be awarded, taking the
aggravation into account, in accordance with the provisions of
Articles 28 to 34. The provisions of sub-paragraph (c) of the
preceding paragraph shall apply, mutatis mutandis.
Article 36
1. Where, after the suspension of benefits, payment thereof is
to be resumed, this shall be done by the institution or
institutions which were liable for payment of the benefits at the
time of the suspension, without prejudice to the provisions of
Article 37.
2. Where, after the suppression of benefits, the state of
health of the person concerned justifies the award of further
benefits, such benefits shall be awarded in accordance with the
provisions of Articles 28 to 34.
Article 37
1. Invalidity benefits shall, where appropriate, be converted
into old-age benefits, on the conditions prescribed by the
legislation or legislations under which they have been awarded and
in accordance with the provisions of Articles 28 to 34.
2. Where, in the case referred to in Article 33, a recipient
of invalidity benefits payable under the legislation of one or
more Contracting Parties becomes entitled to old-age benefits, any
institution liable for the payment of invalidity benefits shall
continue to pay the recipient the benefits to which he is entitled
under the legislation which it applies until such time as the
provisions of the preceding paragraph become applicable in respect
of that institution.
Chapter 3
OCCUPATIONAL INJURIES AND DISEASES
Article 38
1. Workers having sustained an occupational injury or
contracted an occupational disease who reside in the territory of
a Contracting Party other than the competent State shall be
entitled to receive in the territory of the Contracting Party in
which they are resident:
(a) benefits in kind, provided at the expense of the competent
institution by the institution of the place of residence in
accordance with the provisions of the legislation which the latter
institution applies, as if these workers were affiliated to it;
(b) cash benefits, paid by the competent institution in
accordance with the provisions of the legislation which it
applies, as if these workers were resident in the territory of the
competent State. However, by agreement between the competent
institution and the institution of the place of residence, cash
benefits may also be paid through the latter institution, on
behalf of the competent institution.
2. Benefits may also be paid to frontier workers by the
competent institution in the territory of the competent State, in
accordance with the provisions of the legislation of that State,
as if they were resident in its territory.
3. Workers to whom this article applies, other than frontier
workers, who are temporarily resident in the territory of the
competent State, shall be entitled to benefits in accordance with
the provisions of the legislation of that State as if they were
resident in its territory even if they were already receiving
benefits before taking up their temporary residence.
4. Workers to whom this article applies who transfer their
residence to the territory of the competent State shall be
entitled to benefits in accordance with the provisions of the
legislation of that State even if they were already receiving
benefits before transferring their residence.
Article 39
An accident on the way to or from work, which happens in the
territory of a Contracting Party other than the competent State,
shall be regarded as having happened in the territory of the
competent State.
Article 40
1. Workers having sustained an occupational injury or
contracted an occupational disease and:
(a) who are temporarily resident in the territory of a
Contracting Party other than the competent State, or
(b) who, having become entitled to benefits payable by the
competent institution, are authorised by that institution to
return to the territory of a Contracting Party other than the
competent State where they are resident, or to transfer their
residence to the territory of a Contracting Party other than the
competent State, or
(c) who are authorised by the competent institution to go to
the territory of a Contracting Party other than the competent
State in order to receive the treatment required by their
condition,
shall receive:
(i) benefits in kind, provided at the expense of the
competent institution by the institution of the place of
residence or temporary residence in accordance with the
provisions of the legislation applied by the latter
institution, as if these workers were affiliated to it, for a
period not exceeding any period which may be prescribed by the
legislation of the competent State;
(ii) cash benefits, paid by the competent institution in
accordance with the provisions of the legislation which it
applies, as if these workers were in the territory of the
competent State. However, by agreement between the competent
institution and the institution of the place of residence or
temporary residence, cash benefits may be paid through the
latter institution, on behalf of the competent institution.
2. (a) The authorisation referred to in sub-paragraph (b) of
the preceding paragraph may be refused only if the move might
prejudice the health or the course of medical treatment of the
worker;
(b) the authorisation referred to in sub-paragraph (c) of the
preceding paragraph shall not be refused when the requisite
treatment cannot be given in the territory of the Contracting
Party in which the worker resides.
Article 41
In the cases mentioned in Article 38, paragraph 1, and in
Article 40, paragraph 1, the competent authorities of two or more
Contracting Parties may agree to make the provision of prosthetic
appliances, major aids and other major benefits in kind
conditional upon authorisation by the competent institution.
Article 42
1. Where the legislation of the competent State provides for
the payment of the cost of transporting the injured worker to his
place of residence or to hospital, the cost of transport to the
corresponding place in the territory of another Contracting Party
where he is resident shall be borne by the competent institution,
in accordance with the provisions of the legislation which it
applies, provided that it has given prior authorisation for the
said transport, due account being taken of the reasons justifying
it.
2. Where the legislation of the competent State provides for
the payment of the cost of transporting the body of a deceased
worker to the place of burial, the cost of transport to the
corresponding place in the territory of another Contracting Party
where the deceased was resident shall be borne by the competent
institution, in accordance with the provisions of the legislation
which it applies.
3. The application of the provisions of the preceding
paragraphs of this article as between two or more Contracting
Parties shall be subject to the conclusion of bilateral or
multilateral agreements between those Parties. Such agreements
shall specify the categories of persons to whom the said
provisions shall apply and the arrangements for apportioning the
transport costs between the Contracting Parties concerned.
Article 43
1. Where no insurance scheme covering occupational injuries or
diseases exists in the territory of the Contracting Party where
the worker happens to be or where an insurance scheme exists but
has no institution responsible for the provision of benefits in
kind, such benefits shall be provided by the institution of the
place of residence or temporary residence responsible for
providing benefits in kind in the event of sickness.
2. Where the legislation of the competent State provides that
benefits in kind shall not be completely free unless use is made
of the medical service organised by the employer, the benefits in
kind provided in the cases referred to in Article 38, paragraph 1,
and in Article 40, paragraph 1, shall be deemed to have been
provided by such medical service.
3. Where the legislation of the competent State embodies an
employers' liability scheme, the benefits in kind provided in the
cases referred to in Article 38, paragraph 1, and in Article 40,
paragraph 1, shall be deemed to have been provided at the request
of the competent institution.
4. Where the legislation of one Contracting Party explicitly
or implicitly provides that previous occupational injuries or
diseases shall be taken into account in the assessment of the
degree of incapacity, the competent institution of that Party
shall also take into account for this purpose occupational
injuries or diseases previously recognised in accordance with the
legislation of any other Contracting Party, as if they had
occurred under the legislation which that institution applies.
Article 44
1. Where the legislation applied by the institution of the
place of residence or temporary residence embodies two or more
compensation schemes, the rules to be applied in respect of the
provision of benefits in kind, in the cases referred to in Article
38, paragraph 1, and in Article 40, paragraph 1, shall be those of
the general scheme or, failing that, of the scheme for industrial
workers.
2. Where the legislation of a Contracting Party fixes a
maximum period for the provision of benefits, the institution
which applies that legislation may, where appropriate, take
account of any period during which benefits have already been
provided by the institution of another Contracting Party for the
same case of occupational injury or disease.
Article 45
1. Where the legislation of a Contracting Party provides that
the calculation of cash benefits shall be based on average
earnings, the competent institution of that Party shall determine
those average earnings exclusively on the basis of the earnings
recorded during the period completed under the said legislation.
2. Where the legislation of a Contracting Party provides that
the calculation of cash benefits shall be based on fixed earnings,
the competent institution of that Party shall take account
exclusively of such fixed earnings or, where appropriate, of the
average fixed earnings corresponding to the periods completed
under the said legislation.
3. Where the legislation of a Contracting Party provides that
the amount of cash benefits shall vary with the number of members
of the family, the competent institution of that Party shall take
account also of members of the family resident in the territory of
another Contracting Party, as if they were resident in the
territory of the first Party.
Article 46
1. If a worker having contracted an occupational disease has
followed, under the legislation of two or more Contracting
Parties, an occupation liable to cause such a disease, the
benefits to which he or his survivors may be entitled shall be
awarded exclusively under the legislation of the last of the said
Parties the conditions of which they fulfil, regard being had,
where appropriate, to the provisions of paragraphs 2, 3 and 4 of
this article.
2. Where the legislation of a Contracting Party makes
entitlement to benefits for occupational diseases conditional upon
the disease in question being first diagnosed in its territory,
that condition shall be deemed to have been fulfilled if this
disease was first diagnosed in the territory of another
Contracting Party.
3. Where the legislation of a Contracting Party explicitly or
implicitly makes entitlement to benefits for occupational diseases
conditional upon the disease in question being diagnosed within a
specified period after the termination of the last occupation
liable to have caused it, the competent institution of that Party,
when ascertaining the time at which the occupation in question was
followed, shall take account to the extent necessary of any
occupation of the same kind followed under the legislation of any
other Contracting Party, as if it had been followed under the
legislation of the first Party.
4. Where the legislation of a Contracting Party explicitly or
implicitly makes entitlement to benefits for occupational diseases
conditional upon an occupation liable to cause the disease in
question having been followed for a specified period, the
competent institution of that Party shall take account, to the
extent necessary, for the purpose of adding periods together, of
periods during which such an occupation was followed in the
territory of any other Contracting Party.
5. The application of the provisions of paragraphs 3 and 4 of
this article as between two or more Contracting Parties shall be
subject to the conclusion of bilateral or multilateral agreements
between those Parties. Such agreements shall specify the
occupational diseases to which these provisions shall be
applicable and the arrangements for apportioning the cost of the
benefits between the Contracting Parties concerned.
Article 47
Where a worker having contracted an occupational disease has
received or is receiving compensation paid by the institution of a
Contracting Party, and, in the event of an aggravation of his
condition, claims benefits from the institution of another
Contracting Party, the following provisions shall apply:
(a) where the worker has not followed, under the legislation
of the second Party, an occupation liable to cause or to aggravate
the disease in question, the competent institution of the first
Party shall bear the cost of the benefits, taking the aggravation
into account, in accordance with the provisions of the legislation
which that institution applies;
(b) where the worker followed such an occupation under the
legislation of the second Party, the competent institution of the
first Party shall bear the cost of the benefits, leaving the
aggravation out of account, in accordance with the provisions of
the legislation which it applies; the competent institution of the
second Party shall award to the worker a supplementary benefit the
amount of which shall be equal to the difference between the
amount of the benefits due after the aggravation and the amount of
the benefits that would have been due before the aggravation, in
accordance with the provisions of the legislation which that
institution applies, if the disease in question had been
contracted under the legislation of that Party.
Article 48
1. The competent institution shall be bound to refund the cost
of benefits in kind provided on its behalf by virtue of Article
38, paragraph 1, and Article 40, paragraph 1.
2. The refund referred to in the preceding paragraph shall be
determined and made under arrangements to be agreed between the
competent authorities of the Contracting Parties.
3. Two or more Contracting Parties may agree that there shall
be no refunds between the institutions in their jurisdiction.
Chapter 4
DEATH (GRANTS)
Article 49
1. Where the legislation of a Contracting Party makes the
acquisition, maintenance or recovery of entitlement to death
grants conditional upon the completion of periods of insurance,
the institution which applies that legislation shall, to that end,
for the purpose of adding periods together, take account, to the
extent necessary, of periods of insurance completed under the
legislation of any other Contracting Party and, where appropriate,
of periods of residence completed after the age of sixteen under
non-contributory schemes of any other Contracting Party, as if
they were periods of insurance completed under the legislation of
the first Party.
2. Where the legislation of a Contracting Party makes the
acquisition, maintenance or recovery of entitlement to death
grants conditional upon the completion of periods of residence,
the institution which applies that legislation shall, to that end,
for the purpose of adding periods together, take account, to the
extent necessary, of periods of insurance completed under the
legislation of any other Contracting Party and, where appropriate,
of periods of residence completed after the age of sixteen under
non-contributory schemes of any other Contracting Party, as if
they were periods of residence completed under the legislation of
the first Party.
Article 50
1. Where a person dies in the territory of a Contracting Party
other than the competent State, the death shall be deemed to have
occurred in the territory of the competent State.
2. The competent institution shall provide death grants due
under the legislation which it applies, even if the beneficiary
resides in the territory of a Contracting Party other than the
competent State.
3. The provisions of the preceding paragraphs of this article
shall apply also where death results from an occupational injury
or disease.
Chapter 5
UNEMPLOYMENT
Article 51
1. Where the legislation of a Contracting Party makes the
acquisition, maintenance or recovery of entitlement to benefits
conditional upon the completion of periods of insurance, the
institution which applies that legislation shall, to that end, for
the purpose of adding periods together, take account, to the
extent necessary, of periods of insurance, employment or
occupational activity completed under the legislation of any other
Contracting Party, as if they were periods of insurance completed
under the legislation of the first Party, provided however that,
in the case of periods of employment or occupational activity,
these periods would have been considered as periods of insurance
if they had been completed under the last mentioned legislation.
2. Where the legislation of a Contracting Party makes the
entitlement to benefits conditional upon the completion of periods
of employment, occupational activity or residence, the institution
which applies that legislation shall, to that end, for the purpose
of adding periods together, take account, to the extent necessary,
of periods of insurance, employment or occupational activity
completed under the legislation of any other Contracting Party, as
if they were periods of employment, occupational activity or
residence completed under the legislation of the first Party.
3. Where the legislation of a Contracting Party makes the
provision of certain benefits conditional upon the completion of
periods of insurance in an occupation covered by a special scheme,
only periods completed under a corresponding scheme, or, failing
that, in the same occupation under the legislation of other
Contracting Parties, shall be taken into account for the provision
of such benefits. If, notwithstanding periods completed in this
way, the person concerned does not satisfy the conditions for
entitlement to the said benefits, the periods concerned shall be
taken into account for the provision of benefits under the general
scheme.
4. The application of the provisions of the preceding
paragraphs of this article is subject to the condition that the
person concerned was last subject to the legislation of the
Contracting Party under which the benefits are claimed, except in
the cases referred to in Article 53, paragraph 1, sub-paragraphs
(a) (ii) and (b) (ii).
Article 52
Unemployed workers who satisfy the conditions for entitlement
to benefits prescribed by the legislation of one Contracting Party
in respect of the completion of periods of insurance, employment,
occupational activity or residence, regard being had, where
appropriate, to the provisions of Article 51, and who transfer
their residence to the territory of another Contracting Party,
shall be deemed to satisfy also the conditions for entitlement to
benefits prescribed by the legislation of the second Party in this
respect, provided that they lodge a claim with the institution of
their new place of residence within thirty days of their transfer
of residence. The benefits shall be paid by the institution of the
place of residence, in accordance with the provisions of the
legislation which that institution applies, the cost being borne
by the competent institution of the first Party.
Article 53
1. Without prejudice to the provisions of Article 52, an
unemployed worker who, during his last employment, was resident in
the territory of a Contracting Party other than the competent
State shall receive benefits in accordance with the following
provisions:
(a) (i) a frontier worker, whose unemployment in the
undertaking which employs him is partial or incidental, shall
receive benefits in accordance with the provisions of the
legislation of the competent State, as if he were resident in
the territory of that State, regard being had, where
appropriate, to the provisions of Article 51; such benefits
shall be paid by the competent institution;
(ii) a frontier worker who is wholly unemployed shall
receive benefits in accordance with the provisions of the
legislation of the Contracting Party in whose territory he is
resident, as if he had been subject to that legislation during
his last employment, regard being had, where appropriate, to
the provisions of Article 51; such benefits shall be paid by
the institution of the place of residence;
(b) (i) a worker, other than a frontier worker, who becomes
partially, incidentally or wholly unemployed and remains
available to his employer or to the employment services in the
territory of the competent State, shall receive benefits in
accordance with the provisions of the legislation of the
competent State, as if he were resident in the territory of
that State, regard being had, where appropriate, to the
provisions of Article 51; such benefits shall be paid by the
competent institution;
(ii) a worker, other than a frontier worker, who becomes
wholly unemployed and makes himself available to the
employment services in the territory of the Contracting Party
where he is resident, or returns to that territory, shall
receive benefits in accordance with the provisions of the
legislation of that Party, as if he had been subject to that
legislation during his last employment, regard being had,
where appropriate, to the provisions of Article 51; such
benefits shall be paid by the institution of the place of
residence;
(iii) however, if the worker referred to in sub-paragraph
(b) (ii) of this paragraph has become entitled to benefits
from the competent institution of the Contracting Party to
whose legislation he was last subject, he shall receive
benefits in accordance with the provisions of Article 52, as
if he had transferred his residence to the territory of the
Contracting Party referred to in sub-paragraph (b) (ii) of
this paragraph.
2. As long as an unemployed worker is entitled to benefits by
virtue of sub-paragraphs (a) (i) or (b) (i) of the preceding
paragraph, he shall not be entitled to benefits under the
legislation of the Contracting Party in whose territory he
resides.
Article 54
Where, in the cases referred to in Article 52 and in Article
53, paragraph 1, sub-paragraph (b) (iii), the legislation applied
by the institution of the place of residence prescribes a maximum
period for the award of benefits, the said institution may, where
appropriate, take account of any period during which benefits have
already been paid by the institution of another Contracting Party
since entitlement to benefits was last established.
Article 55
1. Where the legislation of a Contracting Party provides that
the calculation of benefits shall be based on the amount of
previous earnings, the institution which applies that legislation
shall take account exclusively of the earnings of the worker
concerned in the last occupation which he followed in the
territory of the said Party or, if he was not last employed in
that territory for at least four weeks, of the corresponding
normal wage at his place of residence, for work equivalent or
similar to his last occupation in the territory of another
Contracting Party.
2. Where the legislation of a Contracting Party provides that
the amount of benefits shall vary with the number of members of
the family, the institution which applies that legislation shall
take account also of the members of the family resident in the
territory of another Contracting Party, as if they were resident
in the territory of the first Party.
3. Where the legislation applied by the institution of the
place of residence provides that the time during which benefits
are payable shall depend on the length of the periods completed,
the time during which benefits are payable shall be determined
with due regard, where appropriate, to the provisions of paragraph
1 or paragraph 2 of Article 51.
Article 56
1. The application of the provisions of Articles 52 to 54 as
between two or more Contracting Parties shall be subject to the
conclusion between those Parties of bilateral or multilateral
agreements which may also contain appropriate special
arrangements.
2. The agreements referred to in the preceding paragraph shall
specify in particular:
(a) the categories of persons to whom the provisions of
Articles 52 to 54 shall apply;
(b) the period during which institution of one Contracting
Party, the cost being borne by the institution of another
Contracting Party;
(c) arrangements for the refund of benefits provided by the
institution of one Contracting Party where the cost is to be borne
by the institution of another Contracting Party.
3. Two or more Contracting Parties may agree that there shall
be no refunds between the institutions in their jurisdiction.
Chapter 6
FAMILY BENEFITS
Article 57
Where the legislation of a Contracting Party makes the
entitlement to benefits conditional upon the completion of periods
of employment, occupational activity or residence, the institution
which applies that legislation shall, to that end, for the purpose
of adding periods together, take account, to the extent necessary,
of periods of employment, occupational activity or residence
completed under the legislation of any other Contracting Party, as
if they were periods of employment, occupational activity or
residence completed under the legislation of the first Party.
Article 58
1. The application of the provisions of Section 1 or Section 2
of this chapter as between two or more Contracting Parties shall
be subject to the conclusion between those Parties of bilateral or
multilateral agreements which may also contain appropriate special
arrangements.
2. The agreements referred to in the preceding paragraph shall
specify in particular:
(a) the categories of persons to whom the provisions of
Articles 59 to 62 shall apply;
(b) rules to prevent the overlapping of benefits of the same
kind;
(c) where appropriate, the maintenance of rights acquired by
virtue of social security conventions.
Section 1. FAMILY ALLOWANCES
Article 59
1. For the purpose of the application of this article and of
Article 60, the term "children" shall, within the limits
prescribed in the legislation of the Contracting Party concerned,
mean:
(a) legitimate children, legitimised children, acknowledged
illegitimate children, adopted children and orphaned grandchildren
of the beneficiary;
(b) legitimate children, legitimised children, acknowledged
illegitimate children, adopted children and orphaned grandchildren
of the beneficiary's spouse, on condition that they are living in
the beneficiary's household in the territory of a Contracting
Party.
2. Persons subject to the legislation of one Contracting
Party, having children who are resident or are being brought up in
the territory of another Contracting Party, shall be entitled in
respect of such children to the family allowances provided for by
the legislation of the first Party, as if these children were
permanently resident or were being brought up in the territory of
that Party.
3. However, in the case referred to in the preceding
paragraph, the amount of the family allowances may be limited to
the amount of family allowances provided for by the legislation of
the Contracting Party in whose territory the children are resident
or are being brought up.
4. For the purpose of applying the provisions of the preceding
paragraph, the comparison of the amounts of family allowances
payable under the two legislations concerned shall be made on the
basis of the total number of children of the same beneficiary.
Where the legislation of the Contracting Party in whose territory
the children are resident or are being brought up provides for
different family allowances rates for different categories of
beneficiaries, regard shall be had to the amounts that would be
payable if the beneficiary were subject to that legislation.
5. The provisions of paragraphs 3 and 4 of this article shall
not be applicable to an employed person covered by Article 15,
paragraph 1, sub-paragraph (a), in respect of such children as
accompany him to the territory of the Contracting Party where he
is sent to work.
6. Family allowances shall be paid in accordance with the
provisions of the legislation of the Contracting Party to which
the beneficiary is subject, even if the physical or legal person
to whom the allowances are payable resides or is temporarily in
the territory of another Contracting Party.
Article 60
1. Unemployed workers drawing unemployment benefits at the
expense of the institution of one Contracting Party, and having
children who are resident or are being brought up in the territory
of another Contracting Party, shall be entitled, in respect of
such children, to the family allowances payable in that
contingency under the legislation of the first Party, as if they
were resident or were being brought up in the territory of this
Party.
2. In the case referred to in the preceding paragraph, the
provisions of Article 59, Paragraphs 1, 3, 4 and 6 shall apply,
mutatis mutandis.
Section 2. FAMILY BENEFITS
Article 61
1. Persons who are subject to the legislation of a Contracting
Party shall be entitled, in respect of members of their family
resident in the territory of another Contracting Party, to the
benefits provided under the legislation of the latter Party, as if
these persons were subject to that Party's legislation. Such
benefits shall be paid to the members of the family by the
institution of their place of residence, in accordance with the
provisions of the legislation which that institution applies, and
the cost shall be borne by the competent institution.
2. Notwithstanding the provisions of the preceding paragraph,
an employed person to whom Article 15, paragraph 1, sub-paragraph
(a), refers shall be entitled, in respect of such members of his
family as accompany him to the territory of the Contracting Party
where he is sent to work, to the benefits provided under the
legislation of the Contracting Party to which he remains subject.
Such benefits shall be paid by the competent institution of the
latter Party. However, by agreement between the competent
institution and the institution of the place of residence, the
benefits may also be paid through the latter institution, on
behalf of the competent institution.
Article 62
Unemployed workers drawing unemployment benefits payable by an
institution of a Contracting Party shall be entitled, in respect
of members of their family resident in the territory of another
Contracting Party, to the family benefits payable under the
legislation of the latter Party provided that, under the
legislation of the first Party, family benefits are payable in the
event of unemployment. The family benefits shall be paid to the
members of the family by the institution of their place of
residence, in accordance with the provisions of the legislation
which that institution applies, and the cost shall be borne by the
competent institution of the first Party.
Article 63
1. In those cases where the provisions of this section are
applied between two or more Contracting Parties, the bilateral or
multilateral agreements referred to in Article 58, paragraph 1,
shall specify the arrangements for the refund of benefits provided
by the institution of one Contracting Party where the cost is to
be borne by the institution of another Contracting Party.
2. Two or more Contracting Parties may agree that there shall
be no refunds between the institutions in their jurisdiction.
TITLE IV. MISCELLANEOUS PROVISIONS
Article 64
1. The competent authorities of the Contracting Parties shall
communicate to each other:
(a) all information regarding measures taken by them for the
application of this Convention; and
(b) all information regarding changes made in their
legislation which may affect the application of this Convention.
2. For the purpose of applying this Convention, the
authorities and institutions of the Contracting Parties shall
assist one another as if it were a matter of applying their own
legislation. In principle the administrative assistance furnished
by the said authorities and institutions to one another shall be
free of charge. However, the competent authorities of the
Contracting Parties may agree to reimburse certain expenses.
3. The authorities and institutions of the Contracting Parties
may, for the purpose of applying this Convention, communicate
directly with one another and with the individuals concerned or
their representatives.
4. The authorities, institutions and jurisdictions of one
Contracting Party may not reject claims or other documents
submitted to them by reason of the fact that they are written in
an official language of another Contracting Party.
Article 65
1. Any exemption from, or reduction of, taxes, stamp duty,
legal dues or registration fees provided for in the legislation of
one Contracting Party in connection with certificates or documents
required to be produced for the purposes of the legislation of
that Party shall be extended to similar certificates and documents
required to be produced for the purposes of the legislation of
another Contracting Party or of this Convention.
2. All official instruments, documents or certificates of any
kind that are required to be produced for the purposes of this
Convention shall be exempt from authentication or any similar
formality.
Article 66
1. Where a claimant is resident in the territory of a
Contracting Party other than the competent State, he may validly
present his claim to the institution of his place of residence,
which shall refer it to the competent institution or institutions
mentioned in the claim.
2. Any claim, declaration or appeal that should have been
submitted, under the legislation of a Contracting Party, within a
specified time to an authority, institution or jurisdiction of
that Party shall be admissible if it is submitted within the same
period to an authority, institution or jurisdiction of another
Contracting Party. In such event, the authority, institution or
jurisdiction receiving the claim, declaration or appeal shall
forward it without delay to the competent authority, institution
or jurisdiction of the first Party, either directly or through the
intermediary of the competent authorities of the Contracting
Parties concerned. The date on which any claim, declaration or
appeal was submitted to an authority, institution or jurisdiction
of the second Contracting Party shall be deemed to be the date of
its submission to the authority, institution or jurisdiction
competent to deal with it.
Article 67
1. Medical examinations prescribed by the legislation of one
Contracting Party may be carried out, at the request of the
institution which applies this legislation, in the territory of
another Contracting Party, by the institution of the place of
temporary residence or residence. In such event, they shall be
deemed to have been carried out in the territory of the first
Party.
2. The application of the provisions of the preceding
paragraph as between two or more Contracting Parties shall be
subject to the conclusion of bilateral or multilateral agreements
between those Parties.
Article 68
1. Where, under this Convention, the institution of one
Contracting Party is liable to pay cash benefits to a beneficiary
who is in the territory of another Contracting Party, its
liability shall be expressed in the currency of the first Party.
That institution may validly discharge its liability in the
currency of the second Party.
2. Where, under this Convention, the institution of one
Contracting Party is liable to pay sums in refund of benefits
provided by the institution of another Contracting Party, its
liability shall be expressed in the currency of the second Party.
The first institution may validly discharge its liability in that
currency, unless the Contracting Parties concerned have agreed on
other arrangements.
3. Transfers of funds which result from the application of
this Convention shall be effected in accordance with the relevant
agreements in force between the Contracting Parties concerned at
the date of transfer. Failing such agreements, the arrangements
for effecting such transfers shall be agreed between the said
Parties.
Article 69
1. For the calculation of the amount of contributions due to
the institution of a Contracting Party, account shall be taken,
where appropriate, of any income received in the territory of any
other Contracting Party.
2. The recovery of contributions due to the institution of one
Contracting Party may be effected in the territory of another
Contracting Party in accordance with the administrative procedures
and subject to the guarantees and privileges applicable to the
recovery of contributions due to a corresponding institution of
the latter Party.
3. The application of the provisions of paragraphs 1 and 2 of
this article as between two or more Contracting Parties shall be
subject to the conclusion of bilateral or multilateral agreements
between those Parties. Such agreements may also deal with legal
procedure for recovery.
Article 70
1. Where a person is receiving benefits under the legislation
of one Contracting Party in respect of an injury caused or
sustained in the territory of another Contracting Party, the
rights of the institution liable to pay benefits against the third
party liable to pay damages shall be regulated in the following
manner:
(a) where the said institution, under the legislation
applicable to it, is substituted for the beneficiary in any rights
which he may have against the third party, such substitution shall
be recognised by every other Contracting Party; and
(b) where the said institution has a direct right against the
third party, such right shall be recognised by every other
Contracting Party.
2. The application of the provisions of the preceding
paragraph as between two or more Contracting Parties shall be
subject to the conclusion of bilateral or multilateral agreements
between those Parties.
3. The rules governing the liability of employers or their
agents in the case of occupational injuries or accidents on the
way to or from work which happen in the territory of a Contracting
Party other than the competent State shall be determined by
agreement between the Contracting Parties concerned.
Article 71
1. Any dispute arising between two or more Contracting Parties
as to the interpretation or application of this Convention shall
first of all be the subject of negotiations between the Parties to
the dispute.
2. If one of the Parties to the dispute considers that there
is a question likely to affect all the Contracting Parties, the
Parties to the dispute jointly, or failing that, one of them,
shall submit it to the Committee of Ministers of the Council of
Europe, which shall give an opinion on the question within six
months.
3. If it has not proved possible to settle the dispute either,
as the case may be, within six months from the request for the
opening of negotiations as prescribed by paragraph 1 of this
article, or within three months from the communication to the
Contracting Parties of the opinion given by the Committee of
Ministers, the dispute may be the subject of arbitration
proceedings before one arbitrator, at the request of any Party to
the dispute. The requesting Party shall notify the other Party,
through the Secretary General of the Council of Europe, of the
subject matter of the request it intends to refer to arbitration
and of the grounds on which the request is based.
4. Unless otherwise agreed by the Parties to the dispute, the
arbitrator shall be appointed by the President of the European
Court of Human Rights. The arbitrator shall not be a national of
one of the Parties to the dispute, nor have his usual place of
residence in the territory of these Parties, nor be employed by
them, nor have dealt with the case in another capacity.
5. If, in the case referred to in the preceding paragraph, the
President of the European Court of Human Rights is unable to act
or is a national of one of the Parties to the dispute, the
arbitrator shall be appointed by the Vice-President of the Court
or by the most senior member of the Court who is not unable to act
and is not a national of one of the Parties to the dispute.
6. Failing a special agreement between the Parties to the
dispute, or failing a sufficiently precise agreement, the
arbitrator shall give his decision on the basis of the provisions
of this Convention, taking due account of the general principles
of international law.
7. The arbitrator's decision shall be binding and final.
Article 72
1. Annex VII specifies, for each Contracting Party concerned,
the particular measures for the application of its legislation.
2. Each Contracting Party concerned shall give notice, in
accordance with the provisions of Article 81, paragraph 1, of any
amendment to be made to Annex VII. If such an amendment results
from the adoption of new legislation, notice shall be given within
three months from the date of publication of that legislation or,
in the case of legislation published before the date of
ratification of this Convention, on the date of ratification.
Article 73
1. The Annexes referred to in Article 1, sub-paragraph (b),
Article 3, paragraph 1, Article 6, paragraph 3, Article 8,
paragraph 4, Article 9, paragraph 2, Article 11, paragraph 3, and
Article 72, paragraph 1, and any subsequent amendments made to
these annexes, shall be an integral part of this Convention.
2. Any amendment to the Annexes referred to in the preceding
paragraph shall be considered as adopted if, within the three
months following the notification provided for in Article 81,
paragraph 2, sub-paragraph (d), of this Convention, no Contracting
Party or signatory State has opposed it by notification addressed
to the Secretary General of the Council of Europe.
3. In the event of such opposition being notified to the
Secretary General, the question shall be settled in accordance
with a procedure to be established by the Committee of Ministers
of the Council of Europe.
TITLE V. TRANSITIONAL AND FINAL PROVISIONS
Article 74
1. This Convention shall confer no rights for any period
before its entry into force in respect of the Contracting Party or
Parties concerned.
2. All periods of insurance and, where appropriate, of
employment, occupational activity or residence completed under the
legislation of a Contracting Party before the date on which this
Convention enters into force shall be taken into account for the
purpose of determining rights arising from this Convention.
3. Subject to the provisions of paragraph 1 of this article,
rights may arise under this Convention even in respect of a
contingency which arose before its entry into force.
4. Any benefit which has not been provided or which has been
suspended on account of the nationality of the person concerned or
of his residence in the territory of the Contracting Party other
than that in which the institution liable to pay the benefits is
situated shall, at the request of the person concerned, be
provided or resumed with effect from the date on which this
Convention enters into force, unless the rights previously
extinguished have given rise to the payment of a lump sum.
5. The rights of persons concerned who have been awarded a
pension before the entry into force of this Convention shall be
revised at their request, regard being had to the provisions of
this Convention. These rights may also be revised ex officio. In
no circumstances shall such a revision operate to lessen the
former rights of the person concerned.
6. Where the request referred to in paragraph 4 or in
paragraph 5 of this article is submitted within two years of the
date on which this Convention enters in force, the rights arising
in accordance with the provisions of the Convention shall be
acquired as from that date, and those provisions of the
legislation of any Contracting Party which concern the loss of
rights or the extinction of rights by lapse of time shall not be
raised against the person concerned.
7. Where the request referred to in paragraph 4 or in
paragraph 5 of this article is submitted more than two years after
the date on which this Convention enters into force, such rights
as have not lapsed or have not been extinguished by lapse of time
shall be acquired only with reference to the date on which the
request was submitted, unless there are more favourable provisions
in the legislation of the Contracting Party concerned.
Article 75
1. This Convention shall be open to signature by the member
States of the Council of Europe. It shall be subject to
ratification or acceptance. Instruments of ratification or
acceptance shall be deposited with the Secretary General of the
Council of Europe.
2. This Convention shall enter into force on the first day of
the third month following that in which the third instrument of
ratification or acceptance is deposited.
3. In respect of a signatory State ratifying or accepting
subsequently, the Convention shall enter into force three months
after the date of deposit of its instrument of ratification or
acceptance.
Article 76
From the date of entry into force of this Convention, the
provisions of the European Interim Agreement on Social Security
other than Schemes for Old Age, Invalidity and Survivors and
Protocol thereto, and European Interim Agreement on Social
Security Schemes relating to Old Age, Invalidity and Survivors and
Protocol thereto shall cease to be applicable in relations between
Contracting Parties.
Article 77
1. After the entry into force of this Convention, the
Committee of Ministers of the Council of Europe may invite any
State not a member of the Council to accede to this Convention,
provided that the resolution containing such invitation receives
the unanimous agreement of the member States of the Council who
have ratified or accepted the Convention.
2. Accession shall be effected by the deposit with the
Secretary General of the Council of Europe of an instrument of
accession which shall take effect three months after the date of
its deposit.
Article 78
1. This Convention shall remain in force indefinitely.
2. Any Contracting Party may, in so far as it is concerned,
denounce this Convention after it has been in force for five years
in respect of that Party, by means of a notification addressed to
the Secretary General of the Council of Europe.
3. Such denunciation shall take effect six months after the
date of receipt by the Secretary General of such notification.
Article 79
1. In the event of denunciation of this Convention, all rights
acquired under its provisions shall be maintained.
2. Rights in process of acquisition in respect of periods
before the date on which the denunciation takes effect shall not
lapse as a result of the denunciation; their subsequent continued
recognition shall be determined by agreement or, failing such
agreement, by the legislation which the institution concerned
applies.
Article 80
1. The application of this Convention shall be governed by a
Supplementary Agreement which shall be open to signature by the
member States of the Council of Europe.
2. The Contracting Parties or, in so far as the constitutional
provisions of these Parties permit, their competent authorities,
shall make all other arrangements necessary for the application of
this Convention.
3. Any signatory State of this Convention which ratifies or
accepts it must, at the same time, either ratify or accept the
Supplementary Agreement or sign it without reservation in respect
of ratification or acceptance, not later than the date of deposit
of its instrument of ratification or acceptance of the Convention.
4. Any State which accedes to this Convention must at the same
time accede to the Supplementary Agreement.
5. Any Contracting Party which denounces this Convention must
at the same time denounce the Supplementary Agreement.
Article 81
1. The notifications or declarations referred to in Article 1,
sub-paragraphs (b) and (w), Article 3, paragraph 2, Article 6,
paragraph 5, Article 7, paragraph 2, Article 8, paragraph 5,
Article 9, paragraphs 3 and 4, Article 11, paragraph 4 and
Article 72, paragraph 2, shall be addressed to the Secretary
General of the Council of Europe.
2. The Secretary General of the Council of Europe shall,
within one month, notify the Contracting Parties, signatory States
and the Director General of the International Labour Office of:
(a) any signature and any deposit of an instrument of
ratification, acceptance or accession;
(b) any date of entry into force of this Convention in
accordance with the provisions of Article 75 and Article 77;
(c) any notification of denunciation received in pursuance of
the provisions of Article 78, paragraph 2, and the date on which
denunciation takes effect;
(d) any notification or declaration received in pursuance of
the provisions of paragraph 1 of this article.
In witness whereof, the undersigned, being duly authorised
thereto, have signed this Convention.
Done at Paris, this 14th day of December 1972, in English and
in French, both texts being equally authoritative, in a single
copy, which shall remain deposited in the archives of the Council
of Europe. The Secretary General shall transmit certified copies
to each of the signatory and acceding States.
ANNEXES TO THE EUROPEAN CONVENTION ON SOCIAL SECURITY
Annex I
(Article 1, sub-paragraph (b))
DEFINITION OF TERRITORIES AND NATIONALS
OF THE CONTRACTING PARTIES
Austria
Territory: - the territory of Austria.
Nationals: - persons of Austrian nationality.
Belgium
Territory: - the territory of Belgium.
nationals: - persons of Belgian nationality.
Cyprus
Territory: - the territory of the Republic of Cyprus.
nationals: - citizens of the Republic of Cyprus.
Denmark
Territory: - the territory of Denmark, with the
exception of the Faroe Islands and
Greenland.
nationals: - persons of Danish nationality.
France
Territory: - the territory of the European Departments
and of the overseas Departments
(Guadeloupe, Guiana, Martinique and Reunion)
of the French Republic.
nationals: - persons of French nationality.
Federal Republic of Germany
Territory: - the territory in which the Basic Law for the
Federal Republic of Germany is in force.
nationals: - Germans within the meaning of the Basic Law
for the Federal Republic of Germany.
Iceland
Territory: - the territory of Iceland.
nationals: - persons of Icelandic nationality.
Ireland
Territory: - the territory subject to the jurisdiction
of the Government of Ireland.
Nationals: - persons of Irish nationality.
Italy
Territory: - the territory of Italy.
Nationals: - persons of Italian nationality.
Luxembourg
Territory: - the territory of the Grand Duchy of
Luxembourg.
Nationals: - persons of Luxembourg nationality.
Malta
Territory: - the territory of Malta and its dependencies.
Nationals: - citizens of Malta.
The Netherlands
Territory: - the territory of the Kingdom of the
Netherlands in Europe.
Nationals: - persons of Netherlands nationality.
Norway
Territory: - the territory of the Kingdom of Norway,
including Spitzbergen, Jan Mayen, and
the Norwegian Dependencies.
Nationals: - persons of Norwegian nationality.
Sweden
Territory: - the territory of the Kingdom of Sweden.
Nationals: - persons of Swedish nationality.
Switzerland
Territory: - the territory of the Swiss Confederation.
Nationals: - persons possessing Swiss nationality.
Turkey
Territory: - the territory of Turkey.
Nationals: - persons possessing Turkish nationality.
United Kingdom
Territory: - the territory of the United Kingdom of
Great Britain and Northern Ireland,
including the Isle of Man, Jersey, Guernsey
and Alderney, but not the other territories
for whose international relations the
United Kingdom is responsible.
Nationals: - citizens of the United Kingdom and Colonies.
Annex II
(Article 3, paragraph 1)
LEGISLATION AND SCHEMES TO WHICH THIS CONVENTION
IS APPLICABLE
Where this Annex comprises a list of specific laws, it is
deemed to cover also any legislative instrument which codifies,
amends, supplements or brings into force such laws.
Austria
Legislation concerning:
(a) sickness insurance (sickness, maternity and death);
(b) wage-earners' pension insurance;
(c) salaried employees' pension insurance;
(d) miners' pension insurance;
(e) pension insurance for self-employed persons in commerce;
(f) pension insurance for self-employed persons in agriculture
and forestry;
(g) notaries' insurance;
(h) insurance against occupational injuries and diseases;
(i) unemployment insurance;
(j) family allowances.
Belgium
Legislation concerning:
(a) sickness and invalidity insurance (sickness, maternity,
invalidity and death):
(i) schemes for employed persons (wage earners, salaried
employees, miners, personnel of the public service);
(ii) schemes for seamen in the merchant marine;
(iii) schemes for self-employed persons (sickness
insurance);
(b) retirement pensions and survivors' pensions:
(i) schemes for employed persons (wage earners, salaried
employees, miners, seamen in the merchant marine);
(ii) scheme for self-employed persons;
(c) compensation for damage resulting from occupational
injuries:
(i) scheme for employed persons in general;
(ii) scheme for seafarers;
(d) compensation for damage resulting from occupational
diseases;
(e) organisation of aid for involuntarily unemployed persons;
(f) family allowances for employed persons and family
allowances for employers and persons other than employed persons,
apart from birth grants provided for under this legislation.
Cyprus
Legislation concerning:
(a) social insurance (sickness, unemployment, maternity,
widowhood, orphanhood, old age and death; cash benefits and free
medical treatment for occupational injuries and diseases);
(b) pneumoconiosis compensation (cash benefits for
occupational injury or death caused by pneumoconiosis).
Denmark
Act No. 239 of 10 June I960 concerning National Sickness
Insurance (sickness and maternity).
Act No. 218 of 4 June 1965 concerning Old Age Pensions.
Act No. 219 of 4 June 1965 concerning Invalidity Pensions.
Act No. 70 of 13 March 1959 (Chapter 1), concerning Pensions
and Assistance for Widows.
Act No. 46 of 7 March 1964 concerning the Labour Market
Supplementary Pension.
Act No. 259 of 18 August 1964 concerning Industrial Injuries
Insurance.
Act No. 40 of 22 February 1967 concerning Unemployment
Insurance.
Act No. 236 of 3 June 1967 (Chapters l and 3) concerning
family allowances and other family benefits.
France
Legislation concerning:
(a) the general organisation of social security and of social
security disputes;
(b) the general provisions establishing the social insurance
scheme applicable to insured persons in non-agricultural
occupations (sickness, maternity, invalidity, old age deaths);
(c) the general provisions establishing the social insurance
scheme applicable to insured persons in agricultural occupations
(sickness, maternity, invalidity, old age and death);
(d) the prevention of, and compensation for, occupational
accidents and diseases;
(e) family benefits, apart from maternity allowance;
(f) allowances for elderly employed persons and allowances for
mothers;
(g) sickness, maternity and invalidity insurance for farmers;
(h) sickness and maternity insurance for self-employed persons
in non-agricultural occupations;
(i) old age contributory and non-contributory allowances for
persons other than employed persons;
(j) the special allowance;
(k) supplementary allowances from the "Fonds national de
solidarite";
(l) income guarantees for employed persons who lose their
employment, (public assistance allowances);
(m) special schemes applicable to the activities and
undertakings listed below in so far as these schemes deal with the
contingencies covered by the legislation referred to above which
concerns general schemes applicable respectively to employed
persons in non-agricultural occupations other than those covered
by a special scheme and to employed persons in agricultural
occupations:
- occupations entailing affiliation to the scheme for seamen;
- mining or similar undertakings;
- French National Railways;
- railways of secondary general importance, of local
importance and tramways;
- the Autonomous Paris Transport Authority;
- undertakings concerned with the production, transport and
distribution of electricity and gas;
- the General Water Company;
- the Bank of France, Credit foncier de France;
- Opera, Opera comique, Comedie francaise;
- notaries' offices and offices treated as such.
Federal Republic of Germany
Legislation concerning:
(a) sickness insurance (sickness, maternity and death);
(b) the protection or working mothers, in so far as it relates
to benefits in cash and in kind provided by the sickness insurance
institutions during pregnancy and after child birth;
(c) pensions insurance for wage-earners and artisans;
(d) pensions insurance for salaried employees;
(e) pensions insurance for miners and, in the Saar, pensions
insurance in the iron and steel industry, and the pension scheme
for elderly farmers;
(f) accident insurance;
(g) unemployment insurance and unemployment assistance;
(h) family allowances.
Iceland
Social Security Act No. 40 of 30 April 1963.
Act No. 86 of 11 June 1938 relating to pensions-insurance for
midwives.
Act No. 65 of 2 September 1955 relating to pensions-insurance
for nurses.
Act No. 78 of 28 April 1962 relating to pensions-insurance for
trawlermen and seamen of the merchant marine.
Unemployment Insurance Act No. 29 of 7 April 1956.
Ireland
Legislation concerning:
(a) disability (sickness and invalidity), maternity benefits
and death grants;
(b) old age, retirement, widows' and orphans' pensions;
(c) unemployment benefit and assistance;
(d) occupational injuries and diseases;
(e) family allowances.
Italy
Legislation concerning:
(a) sickness insurance (sickness, maternity and death);
(b) insurance against tuberculosis;
(c) the physical and economic protection of working mothers,
in so far as it relates to benefits provided by social insurance
institutions;
(d) invalidity, old age and survivors' insurance;
(e) insurance against occupational injuries and diseases;
(f) insurance for involuntarily unemployed persons;
(g) family allowances;
(h) special social insurance schemes established for specific
categories of workers, in so far as they concern the contingencies
or benefits covered by the legislation referred to above.
Luxembourg
Legislation concerning:
(a) sickness insurance (sickness, maternity and death):
- scheme for wage-earners, scheme for salaried employees,
scheme for civil servants and persons treated as such, scheme for
independent occupations;
(b) pensions insurance (invalidity, old age and death):
- scheme for wage-earners, scheme for salaried employees
(including intellectual self-employed persons), scheme for
artisans, scheme for self-employed persons in commerce and
industry and agricultural scheme;
(c) supplementary pensions insurance for wage-earners in
mining and metal working, technicians employed in underground
mines, and professional drivers;
(d) insurance against occupational injuries and diseases;
(e) unemployment benefits;
(f) family benefits co the exclusion of birth grants.
Malta
The National Insurance Act, 1956 (sickness, unemployment,
invalidity, old age, death, and occupational injuries and
diseases).
Netherlands
Legislation concerning:
(a) sickness and maternity benefits;
(b) benefits for incapacity for work (invalidity, occupational
injuries and diseases);
(c) old age benefits;
(ii) survivors' benefits;
(e) unemployment benefits;
(f) family allowances.
Norway
Act of 6 July 1957 on the Co-ordination and Integration of
Pensions and Insurance Benefits.
National Insurance Act of 17 June 1966 (sickness and
maternity, unemployment, occupational injuries and diseases,
invalidity, old age and death).
Unemployment Act of 27 June 1947, Chapter V.
Act of 3 December 1948 relating to Pensions Insurance for
Seamen.
Act of 3 December 1951 relating to Pensions Insurance for
Forestry Workers.
Act of 26 June 1953 relating to Pensions Insurance for
Pharmacists.
Act of 28 June 1957 relating to Pensions Insurance for
Fishermen.
Act of 22 June 1962 relating to the Pension Scheme for Nurses.
Occupational Injuries and Diseases Insurance Act of 12
December 1958.
Family Allowances Act of 24 October 1946.
Sweden
Act No. 381 of 25 May 1962 on National Insurance and Act No.
382 of 25 May 1962 implementing the Act on National Insurance;
Act No. 243 of 14 May 1954 on Insurance against Occupational
Injuries and Diseases;
Decree No. 629 of 14 December 1956 concerning Approved
Unemployment Funds;
Act No. 529 of 26 July 1947 concerning General Family
Allowances.
Switzerland
Federal legislation concerning:
(a) sickness insurance, including insurance against
tuberculosis, and maternity benefits;
(b) invalidity insurance;
(c) old age and survivors' insurance;
(d) compulsory insurance against occupational and
non-occupational accidents, and occupational diseases;
(e) unemployment insurance;
(f) family allowances for agricultural workers and small
farmers.
Turkey
Legislation concerning:
(a) social insurance for employed persons (sickness,
maternity, invalidity, old age, death, occupational injuries and
diseases);
(b) social insurance of self-employed workers and the liberal
professions (invalidity, old age and death).
United Kingdom
Legislation concerning:
(a) the national health services;
(b) national insurance (cash benefits for unemployment,
sickness, maternity, widowhood, orphanhood, retirement and death);
(c) industrial injuries insurance (occupational injuries and
diseases);
(d) family allowances;
(e) insular insurance (Jersey);
(f) social insurance (Guernsey).
Annex III
(Article 6, paragraph 3)
PROVISIONS REMAINING IN FORCE NOTWITHSTANDING
THE PROVISIONS OF ARTICLE 5
I. Multilateral Conventions
1. The provisions in force of the Agreement of 27 July 1950
and of the revised Agreement of 13 February 1961 on social
security for Rhine boatmen.
2. The provisions of the Convention on social security
concluded on 15 September 1955 between Denmark, Finland, Iceland,
Norway and Sweden, as modified by subsequent Agreements and
Protocols, as well as the provisions of Supplementary Agreements
to that Convention.
3. The provisions of the European Convention of 9 July 1956 on
social security for international transport workers.
II. Bilateral Conventions
General Remarks
1. In so far as the provisions of supplementary agreements or
of a special convention on unemployment insurance, mentioned in
this Annex, refer to the provisions of a general convention, these
references shall be replaced by references to the corresponding
provisions of this Convention, unless the said provisions of the
general convention are themselves mentioned in this Annex.
2. The interpretation and denunciation clauses of any
convention on social security, certain provisions of which are
mentioned in this Annex, shall remain applicable in respect of the
said provisions.
3. The social security conventions which appear in square
brackets [ ] are not in force at the dare of opening for signature
of this Convention.
Austria - Federal Republic of Germany
Convention on social security of 22 December 1966.
Convention on unemployment insurance of 19 May 1951.
Additional Protocol of 23 November 1951 to the Convention on
unemployment insurance of 19 May 1951.
Second Convention on unemployment insurance of 31 October
1953.
Austria - France
Convention on social security of 28 May 1971.
Austria - Italy
Convention on social insurance of 30 December 1950.
Austria - Switzerland
Convention on social security of 15 November 1967.
Austria - Turkey
Convention on social security of 12 October 1966.
Austria - United Kingdom
Convention on social security of 18 June 1971.
Belgium - Switzerland
Convention of 17 June 1952 on Social Insurance (at present
under revision). [Draft Convention on social security of
9 September 1971]
Belgium - Turkey
General Convention on social security of 4 July 1966.
Belgium - United Kingdom
Convention on social security of 20 May 1957.
Cyprus - United Kingdom
Agreement on social security of 6 October 1969.
Denmark - France
General Convention on social security of 30 June 1951.
Denmark - Federal Republic of Germany
Article 3, paragraph (4) and Article 10 of the Convention on
social security of 14 August 1953.
Point 15 of the Final Protocol of 14 August 1953 to the
Convention on social security of 14 August 1953.
Supplementary Agreement of 14 August 1953 to the Convention
on social security of 14 August 1953.
Article 3, paragraph (4), 2nd sentence, Article 5, paragraph
(6), Article 8, paragraph (3) and Article 10 of the Convention on
unemployment insurance of 1 August 1959.
Points 4, 5 and 6 of the Final Protocol of 1 August 1959 to
the Convention on unemployment insurance of 1 August 1959.
Denmark - Switzerland
Convention on social insurance of 21 May 1954.
Supplementary Convention to the Convention on social insurance
of 21 May 1954, concluded on 15 November 1962.
Denmark - United Kingdom
Convention on social security of 27 August 1959.
France - Norway
General Convention on social security of 30 September 1954.
France - Switzerland
Convention of 9 July 1949 and Protocols thereto on old age and
survivors' insurance.
Agreement of 9 June 1933 on reciprocal assistance for
unemployed workers in both countries.
France - Turkey
[Convention on social security of 20 January 1972]
France - United Kingdom
General Convention on social security (and special protocol
respecting health services) of 10 July 1956.
Exchange of Notes of 25 February 1965 (Payment of family
allowances to persons going from Jersey to France or from France
to Jersey for seasonal agricultural work).
Exchange of Notes of 19 November 1965 (Payment of family
allowances to persons going from Guernsey to France or from France
to Guernsey for seasonal agricultural work).
Exchange of Notes of 19 May 1959 extending the Convention of
10 July 1956 to Jersey.
Exchange of Notes of 19 November 1965 extending the Convention
of 10 July 1956 to Guernsey Alderney, Herm and Jethou.
Exchange of Notes of 27 - 30 July 1970 for the improved social
insurance protection for British teachers working in France.
Federal Republic of Germany - Norway
Agreement of 26 September 1965 on the reciprocal payment of
social benefits.
Federal Republic of Germany - Switzerland
Convention on social security of 25 February 1964.
Supplementary Convention to the Convention on social security
of 24 October 1950, concluded on 24 December 1962
Convention of 4 February 1928 between the German Reich and
Switzerland on unemployment insurance for workers in frontier
areas.
Federal Republic of Germany - Turkey
Convention on social security of 30 April 1964.
Supplementary Convention of 28 May 1969 amending the
Convention on social security of 30 April 1964.
Federal Republic of Germany - United Kingdom
Convention on social security of 20 April I960.
Protocol of 20 April I960 on benefits in kind. 2
Convention on unemployment insurance of 20 April 1960.
Ireland - United Kingdom
Agreement on social security of 29 March 1960.
Agreement relating to insurance and workmen's compensation
between the Minister for Social Welfare and the Northern Ireland
Ministry of Labour and National Insurance of July 1964.
Agreement on social security of 28 February 1966.
Agreement on social security of 3 October 1968.
Agreement on social security of 14 September 1971
Italy - Switzerland
Convention on social security of 14 December 1962.
Supplementary Agreement to the Convention on social security
of 14 December 1962, concluded on 18 December 1963.
[Supplementary agreement co the Convention on social security
of 14 December 1962 concluded on 4 July 1969 ]
Italy - United Kingdom
Convention on social insurance of 28 November 1951.
Luxembourg - Switzerland
Convention on social security of 3 June 1967, excluding
Articles 18 to 21.
Luxembourg - United Kingdom
Convention on social security of 13 October 1953.
Malta - United Kingdom
Agreement on social security of 26 October 1956.
Agreement on social security of 21 March 1958.
Netherlands - Switzerland
Convention on social security of 27 May 1970.
Netherlands - Turkey
Section III of the Convention on social security of 5 April
1966.
Netherlands - United Kingdom
Convention on social security of 11 August 1954.
Protocol of 11 August 1954 on benefits in kind.
Norway - United Kingdom
Convention on social security of 25 July 1957.
Sweden - Switzerland
Convention of 17 December 1954 on social insurance.
Sweden - United Kingdom
Convention on social security of 9 June 1956.
Switzerland - Turkey
Convention on social security of 1 May 1969.
Switzerland - United Kingdom
Convention on social security of 21 February 1968.
Turkey - United Kingdom
Convention on social insurance of 9 September 1959.
Annex IV
(Article 8, paragraph 4)
BENEFITS TO WHICH THE PROVISIONS OF PARAGRAPH 2 OR
PARAGRAPH 3 OF ARTICLE 8 ARE APPLICABLE
Denmark
Article 8, paragraph 2, sub-paragraph (a):
Maternity:
- the maternity benefits provided under Chapter 3 of Act
No. 236 of 3 June 1967 concerning family allowances and other
family benefits.
Article 8, paragraph 2, sub-paragraph (b) and paragraph 3,
sub-paragraph (a):
Invalidity:
- the benefits provided under Act No. 219 of 4 June 1965
concerning invalidity pensions.
Death:
- the benefits provided under Act No. 70 of 13 March 1959
concerning pensions and assistance for widows.
Article 8, paragraph 2, sub-paragraph (c) and paragraph 3,
sub-paragraph (b);
Old age:
- the benefits provided under Act No. 218 of 4 June 1965
concerning old-age pensions.
Federal Republic of Germany
Article 8, paragraph 2, sub-paragraph (a):
Unemployment
- the benefits provided under the unemployment assistance
scheme.
Iceland
Article 8, paragraph 2, sub-paragraph (a):
Maternity:
- birth grants provided under Article 18 of the Social
Security Act No. 40 of 30 April 1963.
Article 8, paragraph 2, sub-paragraph (b) and paragraph 3,
sub-paragraph (a):
Disability:
- disability benefits provided under Chapter II-B of the
Social Security Act No. 40 of 30 April 1963.
Death:
- survivors' benefits provided under Chapter II-B of the
Social Security Act No. 40 of 30 April 1963.
Article 8, paragraph 2, sub-paragraph (c) and paragraph 3,
sub-paragraph (b):
Old age:
- old age benefits provided under Chapter II-B of the Social
Security Act No.40 of 30 April 1963.
Norway
Article 8, paragraph 2, sub-paragraph (a):
Maternity:
- maternity allowances provided under Chapter 3, Section 13,
paragraph 3 of the Act of 17 June 1966 on sickness insurance;
- lump sum grants, assistance grants and education grants for
unmarried mothers provided under Chapter 12, Sections 2 and 3 of
the Act of 17 June 1966 on national insurance.
Unemployment:
- the different kinds of assistance provided under Chapter 4,
Section 1, subparagraphs (b), (c), (d), and (e) of the Act of 17
June 1966 on national insurance.
Sweden
Article 8, paragraph 2, sub-paragraph (a):
Maternity:
- maternity allowances provided under Act No. 381 of 25 May
1962 on National Insurance.
Article 8, paragraph 2, sub-paragraph (b) and paragraph 3,
sub-paragraph (a):
Invalidity:
- national pensions provided under Act No. 381 of 25 May 1962
on National Insurance and under Act No. 382 of 25 May 1962
implementing the Act on National Insurance.
Death:
- national pensions provided under Act No. 381 of 25 May 1962
on National Insurance and under Ace No. 382 of 25 May 1962
implementing the Act on National Insurance.
Article 8, paragraph 2, sub-paragraph (c) and paragraph 3,
sub-paragraph (b):
Old age:
- national pensions provided under Act No. 381 of 25 May 1962
on National Insurance and under Act No. 382 of 25 May 1962
implementing the Act on National Insurance.
Annex V
(Article 9, paragraphs 2 and 3)
PROVISIONS WHOSE APPLICATION IS EXTENDED TO NATIONALS
OF ALL THE CONTRACTING PARTIES
1 - Article 9, paragraph 2
Austria - Turkey
Convention on social security of 12 October 1966.
Cyprus - United Kingdom
Agreement on social security of 6 October 1969.
Federal Republic of Germany - Turkey
Convention on social security of 30 April 1964, excluding
Article 4, paragraph 1 and Article 8.
Federal Republic of Germany - United Kingdom
Convention on social security of 20 April 1960, excluding
Article 3, paragraph 1, and Article 7, paragraphs 2, 3 and 4.
Protocol of 20 April I960 on benefits in kind.
Convention of 20 April 1960 on unemployment insurance
excluding Article 3 and Article 5, paragraphs 2, 3 and 4.
Ireland - United Kingdom
Agreement on social security of 29 March 1960.
Agreement relating to social insurance and workmen's
compensation between the Minister of Social Welfare and the
Northern Ireland Ministry of Labour and National Insurance of 22
July 1964.
Agreement on social security of 28 February 1966.
Agreement on social security of 3 October 1968.
Convention on social security of 14 September 1971.
Malta - United Kingdom
Agreement on social security of 26 October 1956.
Agreement on social security of 21 March 1958.
Netherlands - Turkey
Section III of the Convention on social security of 5 April
1966.
Netherlands - United Kingdom
Convention on social security of 11 August 1954.
Protocol of 11 August 1954 on benefits in kind.
II - Article 9, paragraph 3
None.
Annex VI
(Article 11, paragraph 3)
BENEFITS TO WHICH THE PROVISIONS OF PARAGRAPH 1
OR PARAGRAPH 2 OF ARTICLE 11 ARE NOT APPLICABLE
Austria
Article II, paragraph 3, sub-paragraph (b):
- the provisions of Article 11, paragraph 1, do not apply to
the compensatory supplements under pensions insurance.
Belgium
Article 11. paragraph 3, sub-paragraph (c):
- chose retirement and survivors' pensions under the wage
earners' and salaried employees' schemes granted on the basis or
legal provisions in force before 1 January 1962, for that pan of
the pension which corresponds to the years before 1945 where these
years are not effective periods of insurance.
Denmark
Article 11, paragraph 3, sub-paragraph (b):
- invalidity benefits provided under Section 15 of Act No. 219
of 4 June 1965 concerning invalidity pensions.
Article 11, paragraph 3, sub-paragraph (d):
- pension supplements provided under Section 11 of Act No. 219
of 4 June 1965 concerning invalidity pensions, Section 10 of Act
No. 218 of 4 June 1965 concerning old-age pensions, and Section 3,
paragraph 4 of Act No. 70 of 13 March 1959 concerning pensions and
assistance for widows as amended by Act No. 194 of 4 June 1964.
France
Article 11, paragraph 3, sub-paragraph (b):
- the special allowance. Article 11, paragraph 3,
sub-paragraph (c):
- non-contributory old-age allowances for persons other than
employed persons.
Article 11, paragraph 3, sub-paragraph (d):
- supplementary allowances from the "Fonds national de
solidarite".
Iceland
Article 11, paragraph 3, sub-paragraph (d):
- supplements to old-age and disability pensions provided
under Article 21 of the Social Security Act No. 40 of 30 April
1963.
Ireland
Article 11, paragraph 3, sub-paragraph (b):
- non-contributory old-age pensions, non-contributory widows'
and orphans' pensions and allowances for deserted wives.
Luxembourg
Article 11, paragraph 3, sub-paragraph (b):
- the old-age, invalidity and survivors' pensions of salaried
employees for the part corresponding 10 the periods of employment
completed before the entry into force of the pensions insurance
scheme for salaried employees.
Norway
Article 11, paragraph 3, sub-paragraph (c):
- transitional increments to benefits provided under Section
5, paragraph 5; Section 7, paragraph 5; Section 8, paragraph 4 and
Section 10, paragraphs 4, 5, 6 and 11 of the Act of 17 June 1966
on National Insurance.
Article 11, paragraph 3, sub-paragraph (d):
- basic benefits and assistance allowances provided under
Section 8, paragraph 2 of the Act of 17 June 1966 on National
Insurance.
- assistance allowances for survivors provided under Section
10, paragraph 2 of the Act of 17 June 1966 on National Insurance.
- assistance allowances and transitional allowances for
unmarried mothers provided under Section 12, paragraph 3 of the
Act of 17 June 1966 on National Insurance.
Sweden
Article 11, paragraph 3, sub-paragraph (a):
- the benefits provided under the first paragraph of Section 3
of Chapter 9 of Act No. 381 of 25 May 1962 on National Insurance.
Article 11, paragraph 3, sub-paragraph (c):
- supplementary pensions provided under Chapter 15 of Act No.
381 of 25 May 1962 on National Insurance and Act No. 382 of 25 May
1962 implementing the Act on National Insurance.
- benefits provided under Section 16 of Act No. 382 of 25 May
1962 implementing the Act on National Insurance.
Article 11, paragraph 3, sub-paragraph (d):
- benefits provided under the second paragraph of Section 2,
the second paragraph of Article 3, and Section 5 of Chapter 9 of
Act No. 381 of 25 May 1962 on National Insurance.
Switzerland
Article 11, paragraph 3, sub-paragraph (a):
- allowances for helpless persons.
Article 11, paragraph 3, sub-paragraph (b):
- special invalidity insurance pensions;
- special old-age and survivors' insurance pensions.
Article 11, paragraph 3, sub-paragraph (d):
- ordinary invalidity pensions granted to invalids whose
degree of invalidity is less than 50 per cent.
Annex VII
(Article 72, paragraph 1)
PARTICULAR MEASURES FOR THE APPLICATION OF THE
LEGISLATION OF THE CONTRACTING PARTIES
I. Application of the legislation of Austria
A. Application of Austrian Legislation concerning Sickness
Insurance, Insurance against Occupational Injuries and Diseases
and Pensions Insurance
(1) The provisions of Article 8, paragraph 1 of this
Convention and the corresponding provisions of the bilateral
conventions mentioned in Annex III do not affect the provision of
Austrian legislation concerning the acquired rights or rights in
the course of acquisition to benefits under pensions insurance or
under insurance against occupational injuries and diseases in
respect of occupational activities followed abroad, or the
provisions concerning the caking into account of periods of
self-employment completed in the territory of the former
Austro-Hungarian Monarchy but outside the territory of the Federal
Republic of Austria.
(2) The provisions of Article 8, paragraph 1 of this
Convention do not affect the provisions of the bilateral
conventions between Austria and other States which govern
Insurance liabilities.
(3) By virtue of the provisions of Article 8, paragraph 1 of
this Convention, the following periods are considered as
equivalent periods for nationals of other Contracting Parties,
without prejudice to the other requirements:
(a) with regard to the First World War, periods of war
service in the Austro-Hungarian army or in the army of a State
which was an ally of the Austro-Hungarian Monarchy, as well as
the equivalent periods of captivity (internment) and
subsequent repatriation;
(b) with regard to the Second World War, periods of war
service in the armed forces of the former German Reich and its
allies, periods of military service or labour service, as well
as the equivalent periods of first-aid service, civil defence
service, or captivity (internment) and subsequent
repatriation.
(4) To the extent that, by virtue of the provisions of
Austrian legislation, the receipt of social insurance benefits or
other income, the following of an occupational activity or the
establishment of a social insurance situation have legal effects
on entitlement to benefits, on the award of benefits, on the
subjection to compulsory insurance or on the admission to
voluntary insurance, then the benefits paid, the income received,
the activity followed or the situation established in the
territory or under the legislation of another Contracting Party
have the same legal effects.
(5) For the purpose of the acquisition, maintenance or
recovery of entitlement to benefit, corresponding periods
completed under the legislation of any Contracting Party shall
also be considered as neutral periods within the meaning of
Austrian legislation.
(6) The provisions of Chapter 2 of Title III of this
Convention are not applicable to benefits under pensions insurance
for self-employed persons in commerce or under supplementary
pensions insurance in agriculture awarded to persons who were
already above a given age at the time of the entry into force of
the legislation applicable.
(7) For the purpose of determining, under Austrian pensions
insurance, the scheme under which entitlement to benefits exists
and the competent institution for the provision of benefits,
periods of insurance completed under the legislation of other
Contracting Parties are taken into consideration according to the
nature of the occupational activity followed during those periods.
Periods of insurance during which no occupational activity has
been followed are taken into consideration according to the nature
of the last occupational activity followed before such periods;
where the nature of the occupational activity cannot be
established or where during the whole duration of insurance no
occupational activity has been followed, these periods of
insurance are taken into consideration as if they had been
completed under conditions according to which the Social Insurance
Institute for Wage-Earners would be competent. Periods, during
which there exists or has existed a right by virtue of the
insurance of another Contracting Party on account of invalidity or
old age, are taken into consideration according to the nature of
the last occupational activity followed before the contingency
arose. In order to determine if entitlement to benefits exists
under the Austrian miner's pensions insurance scheme, periods of
insurance completed under the legislation of other Contracting
Parties are only taken into consideration in so far as they are
periods within the meaning of the provisions of Article 28,
paragraph 4, of this Convention.
(8) Periods of insurance which have not been completed but
which, by virtue of Austrian legislation, have to be considered as
periods of insurance, are taken into consideration as if they had
been completed under Austrian legislation.
(9) Where, in application of the provisions of Article 30,
paragraph 1, subparagraph (a), of this Convention, the basis of
contribution for the purposes of assessment cannot be determined
by virtue of the provisions of Austrian legislation in chose cases
in which the reference dare is prior to 1 January 1962, the basis
of contribution will be determined by multiplying the usual wage
earned on 31 December 1946 by a worker of the same category with
the coefficient fixed by the Austrian legislation, subject to the
ceiling of the basis of contribution in force for the period under
consideration.
(10) In determining the theoretical amount by virtue of the
provisions of Article 29, paragraph 2, of this Convention, the
periods of insurance by virtue of the provisions of the
legislation of other Contracting Parties shall be taken into
consideration without regard to the provisions or Austrian
legislation concerning the caking into consideration of periods of
insurance.
(11) For the application of the provisions of Article 29,
paragraphs 2 and 4, of this Convention, the following rules are
applicable:
(a) concurrent periods of insurance are co be taken into
consideration within the limits of their duration;
(b) the equalisation supplements under the provisions of
Austrian legislation are co be calculated after the
determination of the amount of the benefits due.
(12) Where, in calculating the amount of the Austrian
supplement, the maximum number of insurance months has to be taken
into consideration, the proportionate amount referred to in
Article 29, paragraph 4, of this Convention shall be determined on
the basis of all periods of insurance taken into consideration for
the calculation of the theoretical amount without regard to chat
maximum number.
(13) The provisions of Austrian legislation concerning the
suspension of pensions, in the case where the beneficiary is
abroad, shall be applied after the determination of the partial
benefit, whereas those concerning other situations shall be
applied before the determination of the partial benefit.
(14) Periods of insurance completed under the legislations of
other Contracting Parties are not taken into consideration as far
as the qualifying conditions for the miners' long service bonus
and the award of that bonus are concerned.
(15) The helpless persons' allowances shall be calculated, by
virtue of the provisions of Austrian legislation, on the basis of
the amount of the Austrian benefit determined in the application
of the provisions of Article 29, paragraph 4, of this Convention,
subject to the maximum amount proportionately reduced according to
chose provisions. If the helpless persons' allowance is a fixed
amount, this amount is proportionately reduced according to the
provisions of paragraph 4 of the said Article 29. Where, by virtue
of the provisions of Austrian legislation, entitlement to benefits
exists without making use of the provisions of Article 28,
paragraph 1, of this Convention, the maximum amount (or the fixed
amount)shall not be reduced, unless a helpless persons' allowance
or a similar benefit has been awarded by virtue of the provisions
of the legislation of another Contracting Party.
(16) The special pension payments provided under Austrian
pensions insurance are payable at the same rate as the benefit
determined by virtue of the provisions of Article 29, paragraph 4,
of this Convention; the provisions of Article 34 of this
Convention are applicable, mutatis mutandis.
(17) The provisions of Article 28, paragraph 1, of this
Convention shall not apply under the legislation of Austria to any
claim to premature old-age pension as defined in that legislation
in the case of unemployment or lengthy insurance.
(b) Application of Austrian Legislation concerning
Unemployment Insurance
(1) The provisions of Article 8, paragraph 1, of this
Convention do not affect the provisions of Austrian legislation
concerning emergency allowances.
(2) The provisions of Article 51, paragraphs 1 and 2, of this
Convention concerning the adding together of periods are not
applicable for the acquisition of the right to unpaid leave
benefits.
II. Application of the legislation of Denmark
With regard to unemployment benefits, the Government of
Denmark undertakes to encourage the approved Unemployment Funds to
apply the provisions of this Convention in so far as they are in
force in respect of Denmark.
III. Application of the legislation of France
(1) The principle of equality of treatment set forth in
Article 8 of this Convention does not apply to Act No. 65-555 of
10 July 1965 which provides for Frenchmen who follow or who have
followed abroad a salaried or non-salaried occupational activity
the possibility of adhering 10 the voluntary old-age insurance
scheme.
(2) The right to allowances for elderly employed persons,
old-age non-contributory allowances for persons other than
employed persons and to the special allowance is granted, in
application of this Convention, only for persons who prove that
they have resided in France for at least ten years between the age
of sixteen and the age of entitlement to the said allowances,
including five consecutive years immediately preceding the lodging
of the claim.
(3) The provisions of this Convention do not affect the
provisions of French legislation by virtue of which periods of
occupational activity completed in French territory are taken into
consideration for entitlement to allowances for elderly employed
persons and to old-age non-contributory allowances for persons
other than employed persons.
(4) The special allowances and the cumulative allowances
provided under the social security scheme for miners are only
provided for persons who work in French mines.
(5) The principle of equality of treatment set forth in
Article 8 of this Convention does not apply to the legislation
concerning income guarantees for employed persons who lose their
employment. Entitlement to benefits provided under this
legislation is subject to the condition that the person concerned
has resided in France for at lease three months immediately
preceding the lodging of the claim.
IV. Application of the legislation of the
Federal Republic of Germany
(1) (a) In so far as compensation is not already provided
under German legislation concerning compulsory accident insurance,
the German institutions compensate, by virtue of the provisions of
this Convention, so long as the worker who has sustained an
occupational injury or contracted an occupational disease or his
survivors reside in the territory of a Contracting Party, for
accidents which happened or for occupational diseases which were
contracted in Alsace-Lorraine before 1 January 1919, if this
liability has not been assumed by French institutions in
accordance with the decision of the Council of the League of
Nations dated 21 June 1921 (Reichsgesetzblatt p. 1289).
(b) The provisions of Article 11 of this Convention do not
affect the provisions of German legislation by virtue of which
accidents which happened or occupational diseases which were
contracted outside the territory of the Federal Republic of
Germany, as well as periods completed outside this territory, do
not give rise or give rise only under certain conditions to
payment of benefits when the beneficiaries reside outside the
territory of the Federal Republic of Germany.
(2) (a) In order to determine whether the periods treated
under German legislation as periods of interruption
(Ausfallzeiten) or supplementary periods (Zurechnungszeiten) shall
be taken into account as such periods, compulsory contributions
paid by virtue of the legislation of another Contracting Party and
compulsory insurance under the pensions insurance of another
Contracting Party are deemed to be equivalent co compulsory
contributions paid by virtue of German legislation and to
compulsory insurance under German pensions insurance. In
calculating the number of calendar months of compulsory insurance
before the contingency arose, the concurrent periods, which are
deemed to be equivalent by virtue of the legislation of another
Contracting Party, are not taken into consideration, nor those
periods during which the person concerned has drawn a pension.
(b) The preceding sub-paragraph is not applicable to the fixed
period of interruption (pauschale Ausfallzeit).
(c) The taking into account of a supplementary period
(Zurechnungszeit) by virtue of German legislation concerning
pensions insurance for miners is subject to the condition that the
last contribution paid by virtue of German legislation has been
paid to the pensions insurance for miners.
(d) For the taking into account of German compensation periods
(Ersatzzeiten), only German legislation is applicable.
(3) (a) Where a pension on account of an occupational
invalidity (Berufsunfahigkeit) or general invalidity
(Erwerbsunfahigkeit) or old age, due by virtue of German
legislation, and a pension due by virtue of the legislation of
another Contracting Party in respect of an occupational injury or
disease overlap, there will be taken into consideration as annual
remuneration the remuneration which by virtue of German
legislation should be taken into consideration at the time of the
accident for a worker in a comparable situation having sustained
an occupational injury; for this purpose, the provisions in force
at the place of residence of the person concerned in the territory
of the Federal Republic of Germany, or if he resides outside this
territory, the provisions in force at the place where the
competent institution of German pensions insurance is situated,
are to be applied. The remuneration of the worker concerned shall
be determined or recalculated according to the provisions of
German legislation.
(b) The total of the accident insurance pension and the
theoretical amount within the meaning of Article 29, paragraph 2,
of this Convention, but excluding supplementary benefits,
children's supplements and increments of complementary insurance
(Hoherversicherung), is compared with the maximum amount taken
into consideration in application of the preceding sub-paragraph.
The sum whose coral exceeds the maximum amount in question
constitutes the notional amount of the reduction. This amount is
divided up in proportion to the duration of insurance in
accordance with the provisions of Article 29, paragraph 4, of this
Convention; the part corresponding to the duration of German
insurance shall be deducted from the German portion.
(4) With regard to the suppression of compensatory benefits
under the miners' scheme, mining undertakings in the territory of
another Contracting Parry are regarded as equivalent to German
mining undertakings.
(5) German pensions insurance institutions apply Article 29,
paragraph 5, of this Convention when:
(a) legislation in force before 1 January 1957 concerning the
calculation of the pension is applicable;
(b) a supplementary period (Zurechnungszeit) is to be taken
into consideration; or
(c) a children's supplement is to be taken into consideration.
(6) The provisions of Chapter 2 of Title III of this
Convention arc not applicable to the pensions insurance in the
iron and steel industry (Saar) nor to the pension scheme for
elderly farmers.
V. Application of the legislation of Luxembourg
(1) Notwithstanding the provisions of Article 74, paragraph 3,
of this Convention, periods of insurance and equivalent periods
completed before 1 January 1946 under Luxembourg legislation on
pensions insurance (invalidity, old age and death) are taken into
consideration for the application of that legislation only in so
far as the rights in the course of acquisition have been
maintained at the time of the entry into force of this Convention
or recovered subsequently in conformity solely with that
legislation or with bilateral social security conventions in force
or to be concluded. In the event of several of such conventions
applying, periods of insurance and equivalent periods are taken
into consideration as from the earliest date.
(2) For the purposes of entitlement to the basic part of
Luxembourg pensions, periods of insurance completed under
Luxembourg legislation by workers not resident on Luxembourg
territory are considered as periods of residence.
(3) Supplements provided, where appropriate, to increase
minimum pensions, as well as supplements for children are paid in
the same proportion as the basic pare for which the State and the
municipalities are responsible.
VI. Application of the legislation of the Netherlands
A. Application of Netherlands Legislation on General Old-age
Insurance.
(1) For the application of Article 29 of this Convention,
periods prior to 1 January 1957 during which the beneficiary
resided in the territory of the Netherlands after the age of
fifteen or during which, whilst being resident in the territory of
another Contracting Party, he was gainfully employed in the
Netherlands by an employer in that country, are likewise
considered as periods of insurance completed under Netherlands
legislation on general old-age insurance.
(2) Periods are not to be taken into account by virtue of the
preceding paragraph when they coincide with periods taken into
consideration for the calculation of old-age pensions due under
the legislation of another Contracting Party.
(3) Where a married woman's husband is entitled to a pension
under Netherlands legislation on general old-age insurance,
periods prior co the date where the woman concerned reached the
age of sixty-five and during which, being married, she resided in
the course of that marriage in the territory of one or more
Contracting Parties, are likewise taken into consideration in so
far as these periods coincide with the periods of insurance
completed by her husband under that legislation or with the
periods to be taken into consideration by virtue of paragraph 1
above.
(4) Periods are not to be taken into consideration in the case
of a married woman by virtue of the preceding paragraph when they
coincide with periods taken into consideration for the calculation
of the old-age pension due to her under the legislation of another
Contracting Parry or with periods during which she received an
old-age pension under such legislation.
(5) Where a married woman's husband has been subject to
Netherlands legislation on old-age insurance or is deemed to have
completed periods of insurance within the meaning of paragraph 1
above, the provisions of the two preceding paragraphs are
applicable, mutatis mutandis.
(6) Periods prior to 1 January 1957 are only taken into
consideration for the calculation of the old-age pension if the
person concerned has resided throughout six years in the territory
of one or more Contracting Parties after the age of fifty-nine and
if he resides in the territory of one of those Parties.
B. Application of Netherlands Legislation on General Widows'
and Orphans' Insurance
(1) For the application of Article 29 of this Convention,
periods prior to 1 October 1959 during which a beneficiary who
does not fulfil the conditions for having such periods assimilated
to periods of insurance resided in the territory of the
Netherlands after the age of fifteen or during which, whilst being
resident in the territory of another Contracting Party, he was
gainfully employed in the Netherlands by an employer in that
country, are likewise considered as periods of insurance completed
under the Netherlands legislation on general old-age insurance.
(2) Periods are not to be taken into consideration by virtue
of the preceding paragraph when they coincide with periods of
insurance completed under the legislation of another Contracting
Party on survivors' benefits.
C. Application of Netherlands Legislation on Insurance against
Incapacity for Work
(1) For the application of the provisions of Article 29 of
this Convention, periods of gainful occupation and equivalent
periods completed in the Netherlands before 1 July 1967 are
likewise considered as periods of insurance completed under
Netherlands legislation on insurance against incapacity for work.
(2) If the said periods have been completed in the Netherlands
before 1 July 1967, the earnings on which the calculation of
benefits is based will be determined on the basis of the amounts
specified in the Act of 2 February 1967 containing transitional
regulation of insurance against incapacity for work, adjusted to
changes in the wage index since 1 July 1967.
(3) The provisions of Article 35, paragraph 1, sub-paragraphs
(a) and (d), of this Convention are not applied by Netherlands
institutions in regard to benefits calculated on the basis of an
invalidity of less than 45 per cent, if the aggravation of the
pre-existing invalidity is obviously due to a cause other than
that which has brought about the invalidity in respect of which
the benefits are drawn.
D. Application of Netherlands Legislation on Optional
Continued Insurance
The principle of equality of treatment set forth in Article 8
of this Convention does not apply to old age optional continued
insurance so far as the payment of contributions at reduced rates
is concerned.
VII. Application of the legislation of Norway
The application of the provisions of the second sub-paragraph
of paragraph 4 of Article 1 of the National Insurance Act of 17
June 1966 cannot be extended to non-nationals.
The application of Norwegian legislation cannot be extended to
non-nationals in Spitzbergen unless they are employed by a
Norwegian employer.
VIII. Application of the legislation of Sweden
With regard to unemployment benefits, the Government of Sweden
undertakes to encourage the approved Unemployment Funds to apply
the provisions of this Convention in so far as they are in force
in respect of Sweden.
IX. Application of the legislation of Switzerland
(1) The principle of equality of treatment set forth in
Article 8 of this Convention does not apply to:
(a) optional old-age and survivors' insurance and optional
invalidity insurance for Swiss nationals abroad;
(b) old-age and survivors' insurance and invalidity insurance
of Swiss nationals working abroad for an employer in Switzerland;
(c) relief benefits paid to Swiss invalids residing abroad;
(d) special pensions under old-age and survivors' insurance
paid to Swiss nationals born before 1 July 1883 or to their
survivors.
(2) Special invalidity insurance pensions or old-age pensions
payable in lieu thereof are awarded to nationals or the
Contracting Parties subject to the condition that they have
resided in Switzerland throughout five years immediately preceding
the lodging of the claim.
Special old-age and survivors' insurance pensions are awarded
to nationals of the Contracting Parties subject to the condition
that they have resided in Switzerland throughout ten years
immediately preceding the lodging of the claim in the case or
old-age pensions, or subject to the condition that the deceased
has resided in Switzerland throughout five years immediately
preceding the lodging of the claim in the case of survivors'
pensions or old-age pensions payable in lieu thereof.
The period of residence in question is deemed to be
uninterrupted, when absence from Swiss territory does not exceed
three months in the course of any calendar year. Periods of
residence in Switzerland during which the person concerned has
been exempt from Swiss invalidity, old-age and survivors'
insurance are not taken into account for the required duration of
residence.
(3) Where nationals of the Contracting Parties have acquired a
right to benefits under Swiss invalidity, old-age and survivors'
insurance, the provisions of Article 29, paragraph 5, of this
Convention will be applied for the calculation of the amount of
the pensions due under Swiss insurance.
(4) With regard to entitlement to ordinary invalidity
pensions, nationals of the Contracting Parties are deemed to be
insured within the meaning of Swiss legislation if, at the time of
the commencement of invalidity, they are covered by pensions
insurance of any Contracting Party or if they are entitled to
invalidity benefits under the legislation of any Contracting
Party.
(5) (a) Nationals of the Contracting Parties may request
rehabilitation under the federal legislation on invalidity
insurance as long as they keep their domicile in Switzerland,
provided they have paid contributions to Swiss insurance for at
lease a whole year immediately preceding the time when they shall
benefit from such rehabilitation.
(b) Wives and widows who do not follow a gainful activity, as
well as minors, children of nationals of the Contracting Parties,
may request rehabilitation under the federal legislation on
invalidity insurance as long as they keep their domicile in
Switzerland, provided they have resided there without interruption
for at least one year immediately preceding the time when they
shall benefit by such rehabilitation.
(c) Minors, children of nationals of the Contracting Parties,
may request rehabilitation under the federal legislation on
invalidity insurance if they have their domicile in Switzerland
and have been invalids since birth there or if they have resided
in Switzerland without interruption since their birth.
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