--- title: "\"Европейская конвенция о социальном обеспечении\" (ETS N 78) [рус., англ.]" number: "78" issuer: "Совет Европы" status: действует canonical: "https://bukva.ai/docs/konventsiya-78/statya-81" --- # Статья 81 #### Статья 81 1. Уведомления или заявления, упомянутые в [подпараграфах "b"](https://bukva.ai/docs/konventsiya-78/statya-1#p101235) и ["w"](https://bukva.ai/docs/konventsiya-78/statya-1#p101261) статьи 1, [параграфе 2](https://bukva.ai/docs/konventsiya-78/statya-3#p101281) статьи 3, [параграфе 5](https://bukva.ai/docs/konventsiya-78/statya-6#p101298) статьи 6, [параграфе 2](https://bukva.ai/docs/konventsiya-78/statya-7#p101301) статьи 7, [параграфе 5](https://bukva.ai/docs/konventsiya-78/statya-8#p101312) статьи 8, [параграфах 3](https://bukva.ai/docs/konventsiya-78/statya-9#p101318) и [4](https://bukva.ai/docs/konventsiya-78/statya-9#p101319) статьи 9, [параграфе 4](https://bukva.ai/docs/konventsiya-78/statya-11#p101330) статьи 11 и [параграфе 2](https://bukva.ai/docs/konventsiya-78/statya-72#p101664) статьи 72, адресуются Генеральному секретарю Совета Европы. 2. Генеральный секретарь Совета Европы в течение месяца уведомляет Договаривающиеся Стороны, государства, подписавшие настоящую Конвенцию, и Генерального директора международного бюро труда о: a) любом подписании и сдаче на хранение любой ратификационной грамоты или документа о принятии или присоединении; b) любой дате вступления настоящей Конвенции в силу в соответствии с положениями [статьи 75](https://bukva.ai/docs/konventsiya-78/statya-75#p101679) и [статьи 77;](https://bukva.ai/docs/konventsiya-78/statya-77#p101685) c) любом уведомлении о денонсации, полученном в соответствии с положениями [параграфа 2](https://bukva.ai/docs/konventsiya-78/statya-78#p101690) статьи 78 и дате вступления такой денонсации в силу; d) любом уведомлении или заявлении, полученных в соответствии с положениями [параграфа 1](https://bukva.ai/docs/konventsiya-78/statya-81#p101702) данной статьи. В удостоверение чего нижеподписавшиеся, должным образом на то уполномоченные, подписали настоящую Конвенцию. Совершено в Париже 14 декабря 1972 года на [английском](https://bukva.ai/docs/konventsiya-78/statya-81#p100001) и французском языках, причем оба текста имеют одинаковую силу, в единственном экземпляре, который сдается на хранение в архив Совета Европы. Генеральный секретарь Совета Европы направляет заверенные копии каждому государству-члену Совета Европы, подписавшему настоящую Конвенцию или присоединившемуся к ней.
(Подписи)
**EUROPEAN CONVENTION** **ON SOCIAL SECURITY** (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: 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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). 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. 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. 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. 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. 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.
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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.
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** 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. 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**
I - 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** 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. 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. (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. (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. (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. 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. 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. 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. (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. ---