Статус Европейской конвенции о социальном обеспечении (ETS № 78) (Париж, 14 декабря 1972 года) [рус., англ.]

Вступление в силу: 01.03.1977

Примечания. a - присоединение; s - подписание без оговорок о ратификации; su - правопреемство; r - подписание "ad referendum".

R - оговорки; D - заявления, денонсации, частичные отмены; A - государственные органы; T - территориальное применение; C - уведомление; O - возражения.

    Title                    European Convention on Social Security
    Reference                ETS No. 078
    Opening of the treaty    Paris  14/12/1972 -  Treaty open for signature
                             by  the  member  States  and  for accession by

non-member States

Members of Council of Europe

a: Accession s: Signature without reservation as to ratification su: Succession r: Signature «ad referendum».

R.: Reservations D.: Declarations, Denunciations, Derogations A.: Authorities T.: Territorial Application C.: Communication O.: Objection.

Status as of: 29.10.2026

Austria

Declaration contained in a letter from the Minister for Foreign Affairs of Austria dated 14 December 1972 handed to the Secretary General at the time of signature on the same day and renewed at the time of deposit of the instrument of ratification on 10 June 1975 — Or. Fr./Engl.

The Republic of Austria declares that it interprets paragraph 3 of Article 73 of the European Convention on Social Security as meaning that this provision does not empower the Committee of Ministers of the Council of Europe to decide whether an opposition is valid or not.

Period covered: 01/03/1977 -

Articles concerned: 73

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of Austria.

Nationals: persons of Austrian nationality.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Period covered: 01/03/1977 -

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

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.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Period covered: 01/03/1977 -

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Austria — Belgium

Convention on social security of 4 April 1977.

Austria — France

Convention on social security of 28 May 1971.

Austria — 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.

First Supplementary Convention of 10 April 1969 to the Convention on social security of 22 December 1966.

Second Supplementary Convention of 29 March 1974 to the Convention on social security of 22 December 1966.

Austria — Italy

Convention on social security of 21 January 1981.

Austria — Luxembourg

Convention on social security of 31 July 1997.

Austria — Netherlands

Convention on social security of 9 December 1998.

Austria — Spain

Convention on social security and final Protocol of 6 November 1981.

Austria — Sweden

Convention on social security of 11 November 1975.

Austria — Switzerland

Convention on social security of 15 November 1967.

Supplementary Convention of 17 May 1973 to the Convention on social security of 15 November 1967.

Austria — Turkey

Convention on social security of 28 October 1999.

Austria — United Kingdom

Supplementary Convention on social security of 16 September 1975.

[Note by the Secretariat: Last up-dating transmitted by a letter from the Permanent Representative of Austria, registered at the Secretariat General on 12 September 2001 — Or. Engl./Fr.]

Period covered: 01/03/1977 -

Articles concerned: 6

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

Austria — Italy

Convention on social security of 21 January 1981.

[Note by the Secretariat: Last up-dating transmitted by a letter from the Permanent Representative of Austria, registered at the Secretariat General on 12 September 2001 — Or. Engl./Fr.]

Period covered: 01/03/1977 -

Articles concerned: 9

Annex VI: Benefits to which the provisions of paragraph 1 or paragraph 2 of Article 11 are not applicable

Article 11, paragraph 3, sub-paragraph d:

• the provisions of Article 11, paragraph 1, do not apply to the compensatory supplements under pensions insurance.

[Note by the Secretariat: Last updating contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Period covered: 01/03/1977 -

Articles concerned: 11

Annex VII: 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 do not affect the provisions of the bilateral conventions between Austria and other States which govern insurance liabilities.

2. The provisions of Article 8, paragraph 1, of this Convention shall apply with regard to the provisions of Austrian legislation concerning the taking into account of periods of war service and periods considered as such only to nationals of the other Contracting Parties who where Austrian nationals immediately before 13 March 1938.

3. The benefits provided under Austrian pension insurance shall be calculated in accordance with the provisions of Article 29, paragraph 5, of this Convention directly, solely on the bases of the periods completed under Austrian legislation, taking into account the following provisions:

a. Benefits or parts of benefits, the amount of which does not depend on the duration of the periods of insurance completed, shall be payable in proportion to the ratio of the Austrian periods of insurance to thirty years, but shall not exceed the full amount.

b. Where periods after the contingency arises are to be taken into account for the calculation of invalidity or survivor's benefits, such periods shall be taken into account only in proportion to the ratio of the Austrian periods of insurance to two-thirds of the number of full calendar months between the date on which the person concerned reached the age of sixteen and the date on which the contingency occurred, but shall not exceed the full period.

c. Sub-paragraph (a) of this paragraph shall not apply to:

i. benefits resulting from supplementary insurance;

ii. means-tested benefits or parts of benefits designed to ensure a minimum income.

4. Entitlement to benefits by virtue of Austrian legislation shall not be affected by reason of this Convention where a person has suffered in his social security situation for political or religious reasons or for reasons of his descent.

5. 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 parental leave benefits.

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 benefits.

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.

[Note by the Secretariat: Last up-dating transmitted by a letter from the Permanent Representative of Austria, registered at the Secretariat General on 12 September 2001 — Or. Engl./Fr.]

Period covered: 01/03/1977 -

Articles concerned: 72

Belgium

Declaration made at the time of signature on 26 November 1976 — Or. Fr.

The Belgian Government declares that for the purposes of Article 56 of the European Convention on Social Security, it should refer, taking into account the provisions of Article 6, paragraph 2 of the Convention, to Regulation 1408/71 of the Council of the European Communities, of 14 June 1971, relating to the application of social security schemes to employed persons and their families who move around within the Communities.

Articles concerned: 56, 6

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of Belgium.

Nationals: persons of Belgian nationality.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Period covered: 22/04/1986 -

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

Legislation concerning:

a. sickness and invalidity insurance (sickness, maternity, invalidity and death):

i. schemes for employed persons (wage-earners, salaried employees, miners, public sector staff);

ii. schemes for seamen in the merchant marine;

iii. schemes for self-employed persons;

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 benefits for self-employed persons, except birth grants provided for under this legislation.

[Note by the Secretariat: Last up-dating transmitted by the Permanent Representative of Belgium at the time of deposit of the instrument of ratification on 21 January 1986 — Or. Fr.]

Period covered: 22/04/1986 -

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Belgium — Austria

Convention on social security of 4 April 1977.

Belgium — Greece

General Convention on Social Security of 1 April 1958.

Convention of 27 September 1967 amending the General Convention on social security between Belgium and Greece of 1 April 1958.

Belgium — Portugal

General Convention on social security and appended Protocol of 14 September 1970.

Belgium — Switzerland

Convention on social insurance and Final Protocol of 24 September 1975.

Belgium — Turkey

General Convention on social security of 4 July 1966.

[Note by the Secretariat: Declarations contained in the text of the official annexes adopted by the Committee of Ministers in 1972 and 1977 — Last amendment via the up-dating Portugal.]

Period covered: 22/04/1986 -

Articles concerned: 6

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

Belgium — Portugal

General Convention on social security and appended Protocol of 14 September 1970.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1977 — Last amendment via the up-dating Portugal.]

Period covered: 22/04/1986 -

Articles concerned: 9

Annex VI: Benefits to which the provisions of paragraph 1 or paragraph 2 of Article 11 are not applicable

Article 11, paragraph 3, sub-paragraph c:

• those retirement and survivors» pensions under the wage earners» and salaried employees» schemes granted on the basis of legal provisions in force before 1 January 1962, for that part of the pension which corresponds to the years before 1945 where these years are not effective periods of insurance.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Period covered: 22/04/1986 -

Articles concerned: 11

Annex VII: Particular measures for the application of the legislation of the Contracting Parties

1. For the application of Article 29 of the Convention, the periods of old-age insurance completed under Belgian legislation prior to 1 January 1945 shall likewise be considered to be periods of insurance completed under the Belgian legislation relating to the general invalidity scheme and to the scheme for seamen.

2. For the application of Article 29 of the Convention, the periods of old-age insurance completed by non-employed persons prior to the entry into force of the legislation on incapacity for work of self-employed persons shall be considered to be periods completed under the latter legislation.

3. In order to determine whether the preconditions to which the Belgian legislation makes the right to unemployment benefits subject are fulfilled, only days of gainful occupation shall be taken into consideration; nevertheless, assimilated days within the meaning of that legislation shall be taken into consideration where the days preceding them were days of gainful occupation.

[Note by the Secretariat: Last up-dating contained in a letter from the Permanent Representation of Belgium to the Council of Europe, dated 4 April 1986, registered at the Secretariat General on 15 April 1986 — Or. Fr.]

Period covered: 22/04/1986 -

Articles concerned: 72

Cyprus

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of the Republic of Cyprus.

Nationals: citizens of the Republic of Cyprus.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

Legislation concerning:

Social insurance (sickness, unemployment, maternity, invalidity, widowhood, orphanhood, old age and death; cash benefits and free medical treatment for occupational injuries and diseases).

[Note by the Secretariat: Last up-dating contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Cyprus — United Kingdom

Agreement on social security of 6 October 1969.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 6

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

Cyprus — United Kingdom

Agreement on social security of 6 October 1969.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 9

Denmark

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of Denmark, with the exception of the Faroe Islands and Greenland.

Nationals: persons of Danish nationality.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

Legislation concerning:

a. the national health security, the hospital service and maternity care (medical care);

b. daily cash benefits in the event of sickness and childbirth;

c. rehabilitation;

d. occupational injuries and diseases insurance;

e. family allowances;

f. unemployment insurance;

g. national old-age pension;

h. invalidity pension;

i. widow«s pension;»

j. labour market supplementary pension (ATP).

[Note by the Secretariat: Last up-dating contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

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.

[Note by the Secretariat: Last up-dating contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Articles concerned: 6

Annex IV: Benefits to which the provisions of paragraph 2 or paragraph 3 of Article 8 are applicable

Article 8, paragraph 2, sub-paragraph a:

Maternity:

• the maternity benefits provided under the Daily Cash Benefits (Sickness and Maternity) Act, No. 262 of 7 June 1972 with subsequent amendments: Order No. 66 of 21 February 1978, amending Acts No. 43 of 15 February 1980 and No. 233 of 4 June 1980.

Article 8, paragraph 2, sub-paragraph b, and paragraph 3, sub-paragraph a:

Invalidity:

• the benefits provided under Order No. 677 of 15 December 1978 concerning invalidity pensions.

Death:

• the benefits provided under Order No. 678 of 15 December 1978 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 Order No. 676 of 15 December 1978 concerning old-age pensions.

[Note by the Secretariat: Initial declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 8

Annex VI: Benefits to which the provisions of paragraph 1 or paragraph 2 of Article 11 are not applicable

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 70 of 13 March 1959 concerning pensions and assistance for widows as amended by Act No. 194 of 4 June 1964.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 11

Annex VII: Particular measures for the application of the legislation of the Contracting Parties

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.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 72

France

Annex I: Definition of territories and nationals of the Contracting Parties

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.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

a. Legislation establishing the organisation of social security;

b. Legislation establishing the social insurance scheme applicable to persons employed in non-agricultural occupations and the social insurance legislation applicable to persons employed in agricultural occupations;

c. Legislation concerning the prevention of and compensation for occupational injuries and diseases;

d. Legislation concerning insurance against accidents occurring in private life, occupational injuries and diseases of non-employed persons in agricultural occupations;

e. Legislation concerning family benefits;

f. Legislation concerning special social security schemes:

• 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, the Crédit Foncier de France
• the Opéra , the Opéra Comique, the Française Comédie
• notaries» offices and offices treated as such;

g. Legislation concerning sickness and maternity insurance for non-employed workers in non-agriculture occupations and legislation concerning sickness, invalidity and maternity insurance for non-employed persons in agricultural occupations;

h. General legislation concerning old-age allowance and insurance for non-employed workers in non-agricultural occupations (legislation concerning the scheme run by the Caisse Nationale des Barreaux Francais) and legislation concerning old-age insurance of non-employed persons in agricultural occupations;

i. Allowances for elderly persons and allowances for mothers; aid throughout life;

j. Old-age non-contributory allowances for persons other than employed persons;

k. The special allowance;

l. Supplementary allowances from the «Fonds National de Solidarité »;

m. Unemployment benefit (public assistance, ASSEDIC unemployment insurance, supplementary benefit).

[Note by the Secretariat: Last up-dating contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

France — Austria

Convention on social security of 28 May 1971.

France — Greece

General Convention on social security of 19 April 1958.

France — Norway

General Convention on social security of 30 September 1954.

France — Portugal

General Convention on social security of 29 July 1971 in the wording of the Codicils of 7 February 1977 and 1 October 1979.

General Protocol of 29 July 1971 and Supplementary Protocol of 1 October 1979.

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.

Convention on social security of 3 July 1975 and Protocols thereto.

France — Turkey

Convention on social security of 20 January 1972.

[Note by the Secretariat: Declarations contained in the text of the official annexes adopted by the Committee of Ministers in 1972 and 1977 — Last amendment via the up-dating Portugal.]

Articles concerned: 6

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

France — Portugal

General Convention on social security of 29 July 1971 in the wording of the Codicils of 7 February 1977 and 1 October 1979.

General Protocol of 29 July 1971 and supplementary Protocol of 1 October 1979.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972 and 1977 — Last amendment via the up-dating Portugal.]

Articles concerned: 9

Annex VI: Benefits to which the provisions of paragraph 1 or paragraph 2 of Article 11 are not applicable

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 solidarité ».

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 11

Annex VII: Particular measures for the application of the legislation of the Contracting Parties

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 to 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 least three months immediately preceding the lodging of the claim.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 72

Germany

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory in which the Basic Law for Germany is in force.

Nationals: Germans within the meaning of the Basic Law for Germany.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

Legislation concerning:

a. sickness insurance (sickness, maternity and death);

b. the protection of 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.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Germany — Austria

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.

First Supplementary Convention of 10 April 1969 to the Convention on social security of 22 December 1966.

Second Supplementary Convention of 29 March 1974 to the Convention on social security of 22 December 1966.

Germany — Greece

Convention on social security of 25 April 1961 in the version of the Convention of 21 March 1967 amending and extending the Convention of 25 April 1961 and extending the Supplementary Agreement of 28 March 1962 to the Convention on social security of 25 April 1961.

Final Protocol of 25 April 1961 to the Convention on social security of 25 April 1961.

Convention on unemployment insurance of 31 May 1961 including the Final Protocol of 31 May 1961.

Second Convention of 20 September 1974 amending the Convention of 25 April 1961 on social security and the Supplementary Agreement of 28 March 1962 to the Convention on social security and to its Final Protocol.

Germany — Norway

Agreement of 2/6 September 1965 on the reciprocal payment of social benefits.

Germany — Portugal

Convention on social security of 6 November 1964 in the wording of the amended Convention of 30 September 1974.

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.

Supplementary Agreement of 9 September 1975 to the Convention on social security of 25 February 1964.

Convention of 4 February 1928 between the German Reich and Switzerland on unemployment insurance for workers in frontier areas.

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.

Interim Convention of 25 October 1974 amending the Convention of 30 April 1964.

[Note by the Secretariat: Declarations contained in the text of the official annexes adopted by the Committee of Ministers in 1972 and 1977 — Last amendment via the up-dating Portugal.]

Articles concerned: 6

Annex IV: Benefits to which the provisions of paragraph 2 or paragraph 3 of Article 8 are applicable

Article 8, paragraph 2, sub-paragraph a:

Unemployment:

• the benefits provided under the unemployment assistance scheme.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 8

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

Germany — Portugal

Convention on social security of 6 November 1964 in the wording of the modified Convention of 30 September 1974.

Germany — Turkey

Convention on social security of 30 April 1964, as amended by the Interim Convention of 25 October 1974 with the exception of Article 4, paragraph 1, and Article 8.

[Note by the Secretariat: Declarations contained in the text of the official annexes adopted by the Committee of Ministers in 1972 and 1977 — Last amendment via the up-dating Portugal.]

Articles concerned: 9

Annex VII: Particular measures for the application of the legislation of the Contracting Parties

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 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 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 to 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 (Berufsunfähigkeit) or general invalidity (Erwerbsunfähigkeit) 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 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 (Höherversicherung) , is compared with the maximum amount taken into consideration in application of the preceding sub-paragraph. The sum whose total 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 Party are regarded as equivalent to German mining undertakings.

5. German pensions insurance institutions [do not] 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 [or the amount by which an orphan»s pension is increased] is to be taken into consideration.

6. The provisions of Chapter 2 of Title III of this Convention are not applicable to the pensions insurance in the iron and steel industry (Saar) nor to the pension scheme for elderly farmers.

7. Article 57 does not apply to the provisions of the Federal Children«s Allowances Act, which provide under certain conditions an entitlement to children»s allowances for children not residing in the territory where the Federal Children«s Allowances Act applies, if the entitled person has been legally or ordinarily residing in the territory where the Federal Children»s Allowances Act applies, or in special cases in the territory of the German Reich as of 31 December 1937 for a total of at least 15 years or by virtue of the Federal Expellees Act is legally entitled to claims and benefits.

[Note by the Secretariat: Last up-dating contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Articles concerned: 72

Greece

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of Greece.

Nationals: persons of Greek nationality.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

Legislation concerning:

a. sickness and maternity benefits;

b. invalidity benefits;

c. old-age pensions;

d. survivors» benefits;

e. death grants;

f. unemployment benefits;

g. family allowances;

h. occupational injuries and diseases.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Greece — Belgium

General Convention on Social Security of 1 April 1958.

Convention of 27 September 1967 amending the General Convention on social security between Belgium and Greece of 1 April 1958.

Greece — France

General Convention on social security of 19 April 1958.

Greece — Germany

Convention on social security of 25 April 1961 in the version of the Convention of 21 March 1967 amending and extending the Convention of 25 April 1961 and extending the Supplementary Agreement of 28 March 1962 to the Convention on social security of 25 April 1961.

Final Protocol of 25 April 1961 to the Convention on social security of 25 April 1961.

Convention on unemployment insurance of 31 May 1961 including the Final Protocol of 31 May 1961.

Second Convention of 20 September 1974 amending the Convention of 25 April 1961 on social security and the Supplementary Agreement of 28 March 1962 to the Convention on social security and to its Final Protocol.

Greece — Netherlands

Convention on social security of 13 September 1966.

Greece — Switzerland

Convention on social security of 1 June 1973.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1977 — Last amendment via the up-dating Netherlands.]

Articles concerned: 6

Iceland

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of Iceland.

Nationals: persons of Icelandic nationality.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

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.

[Notes by the Secretariat: 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.

Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 3

Annex IV: Benefits to which the provisions of paragraph 2 or paragraph 3 of Article 8 are applicable

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.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 8

Annex VI: Benefits to which the provisions of paragraph 1 or paragraph 2 of Article 11 are not applicable

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.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 11

Ireland

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory subject to the jurisdiction of the Government of Ireland.

Nationals: persons of Irish nationality.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

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;

f. health services.

[Note by the Secretariat: Last up-dating contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Articles concerned: 3

Annex VI: Benefits to which the provisions of paragraph 1 or paragraph 2 of Article 11 are not applicable

Article 11, paragraph 3, sub-paragraph b:

• non-contributory old-age pensions, non-contributory widows» and orphans» pensions and allowances for deserted wives.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 11

Italy

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of Italy.

Nationals: persons of Italian nationality.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Period covered: 12/04/1990 -

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

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.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Period covered: 12/04/1990 -

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Italy — Austria

Convention on social security of 21 January 1981.

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 to the Convention on social security of 14 December 1962 concluded on 4 July 1969.

Protocol of 25 February 1974 to the Supplementary Agreement of 4 July 1969.

[Note by the Secretariat: Last up-dating contained in a letter from the Permanent Representative of Italy, dated 11 January 1990, handed to the Secretary General at the time of deposit of the instrument of ratification, on 11 January 1990 — Or. Fr.]

Period covered: 12/04/1990 -

Articles concerned: 6

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

Italy — Austria

Convention on social security of 21 January 1981.

[Note by the Secretariat: Last up-dating contained in a letter from the Permanent Representative of Italy, dated 11 January 1990, handed to the Secretariat General at the time of deposit of the instrument of ratification on 11 January 1990 — Or. Fr.]

Period covered: 12/04/1990 -

Articles concerned: 9

Annex VI: Benefits to which the provisions of paragraph 1 or paragraph 2 of Article 11 are not applicable

Article 11, paragraph 3, sub-paragraph a:

• pension payable to civilian disabled, blind and deaf-mute persons.

Article 11, paragraph 3, sub-paragraph b:

• social pension.

[Note by the Secretariat: Last updating contained in a letter from the Permanent Representative of Italy, dated 11 January 1990, handed to the Secretariat General at the time of deposit of the instrument of ratification on 11 January 1990 — Or. Fr.]

Period covered: 12/04/1990 -

Articles concerned: 11

Declaration contained in a Note Verbale from the Permanent Representation of Italy to the Council of Europe, dated 3 June 2015, registered at the Secretariat General on 4 June 2015 — Or. Fr.

Pursuant to Article 7, paragraphe 2, of the Convention, regarding bilateral agreements concluded between two Parties to the Convention, Italy notifies that the agreement concluded between Italy and Turkey on social security, signed in Rome on 8 May 2012, will enter into force on 1 August 2015.

Period covered: 01/08/2015 -

Articles concerned: 7

Luxembourg

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of the Grand Duchy of Luxembourg.

Nationals: persons of Luxembourg nationality.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Period covered: 01/03/1977 -

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

Legislation concerning:

a. sickness insurance (sickness, maternity and death):

• scheme for wage-earners, scheme for civil servants and employees, scheme for independent occupations and agricultural scheme;

b. pensions insurance (invalidity, old age and death):

• scheme for wage-earners, scheme for salaried employees (including intellectual self-employed persons), scheme for artisans, 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 to the exclusion of birth grants.

[Note by the Secretariat: Last up-dating contained in a letter from the Permanent Representation of Luxembourg, dated 31 March 1977, registered at the Secretariat General on 4 April 1977 — Or. Engl.]

Period covered: 01/03/1977 -

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Luxembourg — Austria

Convention on social security of 31 July 1997.

Luxembourg — Portugal

Convention on social security and special Protocol of 12 February 1965 as modified by the Codicils of 5 June 1972 and 20 May 1977.

Luxembourg — Switzerland

Convention on social security of 3 June 1967, excluding Articles 18 to 21.

[Note by the Secretariat: Declarations contained in the text of the official annexes adopted by the Committee of Ministers in 1972 and 1977 — Last amendments via the up-dating Austria.]

Period covered: 01/03/1977 -

Articles concerned: 6

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

Luxembourg — Portugal

Convention on social security excluding Article 3, paragraph 2, and special Protocol of 12 February 1965, as modified by the Codicils of 5 June 1972 and 20 May 1977.

[Note by the Secretariat: Declarations contained in the text of the official annexes adopted by the Committee of Ministers in 1972 and 1977 — Last amendment via the up-dating Austria.]

Period covered: 01/03/1977 -

Articles concerned: 9

Annex VII: Particular measures for the application of the legislation of the Contracting Parties

1. Notwithstanding the provisions of Article 74, paragraph 2, 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 part for which the State and the municipalities are responsible.

[Note by the Secretariat: Last up-dating contained in a letter from the Permanent Representation of Luxembourg, dated 31 March 1977, registered at the Secretariat General on 4 April 1977 — Or. Fr.]

Period covered: 01/03/1977 -

Articles concerned: 72

Malta

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of Malta and its dependencies.

Nationals: citizens of Malta.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

The National Insurance Act, 1956 (sickness, unemployment, invalidity, old age, death, and occupational injuries and diseases).

[Notes by the Secretariat: 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.

Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Malta — United Kingdom

Agreement on social security of 26 October 1956.

Agreement on social security of 21 March 1958.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 6

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

Malta — United Kingdom

Agreement on social security of 26 October 1956.

Agreement on social security of 21 March 1958.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 9

Netherlands

Declaration contained in the instrument of acceptance deposited on 8 February 1977 — Or. Engl.

The Government of the Kingdom of the Netherlands accepts the said Convention and the Supplementary Agreement for the Kingdom in Europe.

Period covered: 09/05/1977 -

Articles concerned: 1

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of the Kingdom of the Netherlands in Europe.

Nationals: persons of Netherlands nationality.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Period covered: 09/05/1977 -

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

Legislation concerning:

a. sickness and maternity benefits;

b. benefits for incapacity for work (invalidity, occupational injuries and diseases);

c. old age benefits;

d. survivors» benefits;

e. unemployment benefits;

f. family allowances;

g. health care allowance.

[Note by the Secretariat: Last updapting contained in Note Verbale from the Permanent Representation of the Netherlands, dates 28 February 2007, registered at the Secretariat General on 2 March 2007 — Or. Engl.]

Period covered: 09/05/1977 -

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Netherlands — Austria

Convention on social security of 9 December 1998.

Netherlands — Greece

Convention on social security of 13 September 1966.

Netherlands — Portugal

Chapters 1, 4, 5 and 6 of Title III of the Convention on social security of 19 July 1979.

Netherlands — Switzerland

Convention on social security of 27 May 1970.

Netherlands — Turkey

Section III of the Convention on social security of 5 April 1966 as modified by the Convention of 4 September 1980.

[Note by the Secretariat: Last amendment via the up-dating Austria.]

Period covered: 09/05/1977 -

Articles concerned: 6

Annex IV: Benefits to which the provisions of paragraph 2 or paragraph 3 of Article 8 are applicable

Article 11, paragraph 3, sub-paragraph a:

• benefits provided under the Invalidity Insurance (Young Disabled Persons) Act of 24 April 1997.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Period covered: 09/05/1977 -

Articles concerned: 8

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

Netherlands — Portugal

Chapters 1, 4, 5 and 6 of Title III of the Convention on Social Security of 19 July 1979.

Netherlands — Turkey

Section III of the Convention on social security of 5 April 1966 as modified by the Convention of 4 September 1980.

Netherlands — United Kingdom

Convention on social security of 11 August 1954.

Protocol of 11 August 1954 on benefits in kind.

[Note by the Secretariat: Last up-dating contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 11 January 1994, registered at the Secretariat General on 13 January 1994 — Or. Engl.]

Period covered: 09/05/1977 -

Articles concerned: 9

Annex VI: Benefits to which the provisions of paragraph 1 or paragraph 2 of Article 11 are not applicable

Article 11, paragraph 3, sub-paragraph a:

• benefits provided under the Invalidity Insurance (Young Disabled Persons) Act of 24 April 1997.

Article 11, paragraph 3, sub-paragraph d:

• with effect from 1 January 2000: benefits provided under the Supplementary Benefits Act of 6 November 1986.

[Note by the Secretariat: Last updating contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 5 November 2001, registered at the Secretariat General on 5 November 2001 — Or. Engl./Fr.]

Period covered: 09/05/1977 -

Articles concerned: 11

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 8 February 1977, handed to the Secretary General at the time of deposit of the instrument of acceptance on the same day — Or. Engl.

When assessing the right to benefits under the General Old Age Pensions Act, the Widows» and Orphans» Benefits Act and the General Disablement Benefit Act under the transitional provisions of those Acts, Article 28, paragraph 2 of the Convention does not apply.

Period covered: 09/05/1977 -

Articles concerned: 28

Annex VII: Particular measures for the application of the legislation of the Contracting Parties

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 person concerned — who does not fulfil the conditions permitting him to have such periods treated as insurance periods — was resident in the Netherlands territory 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 established in that country, are likewise considered as periods of insurance completed under Netherlands legislation on general old-age insurance. If that activity was carried out on board a ship flying the Netherlands flag it is treated as if it had been exercised in the Netherlands.

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 to 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 for the purposes of Article 29 of the Convention 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 Party or with periods during which she received an old-age pension under such legislation.

5. Where a woman has been married and her 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 the Surviving Dependants Act

1. For the application of the provisions of Article 29 of this Convention, periods prior to 1 October 1959 during which the deceased person 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 established in that country, are likewise considered as periods of insurance completed under the Surviving Dependants Act.

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 the Convention, Netherlands institutions will observe the following provisions:

a. if the person concerned was, at the time at which he became incapable of work with ensuing invalidity, a wage-earner or equivalent, the competent institution will fix cash benefits in accordance with the provisions of the Act of 18 February 1966 on insurance against incapacity for work (WAO), taking into account:

• the periods of insurance completed under the Act of 18 February 1966 above-mentioned (WAO),
• the periods of insurance completed after the age of 15 years under the Act of 11 December 1975 concerning incapacity for work (AAW) or the Invalidity Insurance (Self-employed Persons) Act of 24 April 1997 (WAZ), in as far as they do not coincide with the periods of insurance completed by the person concerned under the Act of 18 February 1966 above-mentioned (WAO), and
• the periods of employment and equivalent periods completed in the Netherlands before 1 July 1967;

b. if the person concerned was not, at the time he became incapable of work with ensuing invalidity, a wage-earner or equivalent, the competent institution will fix cash benefits in accordance with the provisions of the Invalidity Insurance (Self-employed Persons) Act of 24 April 1997 (WAZ) taking into account:

• the periods of insurance completed after the age of 15 years under the Act of 11 December 1975 above-mentioned (AAW) or the Act of 24 April 1997 above-mentioned (WAZ),
• the periods of insurance completed under the Act of 18 February 1966 on insurance against incapacity for work (WAO), in as far as these do not coincide with the periods of insurance completed under the Act of 11 December 1975 above-mentioned (AAW) or the Act of 24 April 1997 above-mentioned (WAZ), and
• periods of employment and equivalent periods completed in the Netherlands before 1 July 1967.

2. 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 or less than 45%, 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 optional old-age and survivors» insurance so far as the payment of contributions at reduced rates is concerned.

E. Application of certain transitional provisions

When assessing the right to benefits under the General Old-Age Pension Act, the Surviving Dependants Act and the General Disablement Benefits Act under the transitional provisions of those Acts, Article 28, paragraph 2 of the Convention does not apply.

F. Health care insurance

a. As regards entitlement to benefits in kind under Netherlands legislation, persons entitled to benefits in kind for the purpose of the implementation of Chapters 1 and 3 of Title III of this Convention shall mean:

(i) persons who, under Article 2 of the Zorgverzekeringswet (Health Care Insurance Act), are obliged to take out insurance with a health care insurer, and

(ii) insofar as they are not already included under point (i), persons who are resident on the territory of another Contracting Party and who, under this Convention, are entitled to health care in their State of residence, the costs being borne by the Netherlands.

b. The persons referred to in point a(i) must, in accordance with the provisions of the Zorgverzekeringswet (Health Care Insurance Act), take out insurance with a health care insurer, and the persons referred to in point a(ii) must register with the College voor zorgverzekeringen (Health Care Insurance Board).

c. For the purpose of determining entitlement to benefits pursuant to Chapters 1 and 3 of Title III of this Convention, «members of the family» means: a spouse, registered partner or child under the age of 18.

d. The provisions of the Zorgverzekeringswet (Health Care Insurance Act) and the Algemene Wet Bijzondere Ziektekosten (Exceptional Medical Expenses Act) concerning liability for the payment of contributions shall apply to the persons referred to under point a. and the members of their families. In respect of family members, the contributions shall be levied on the person from whom the right to health care is derived.

e. The provisions of the Zorgverzekeringswet (Health Care Insurance Act) concerning late insurance shall apply mutatis mutandis in the event of late registration with the College voor zorgverzekeringen (Health Care Insurance Board) in respect of the persons referred to in a(ii).

f. Persons entitled to benefits in kind by virtue of the legislation of a Contracting Party other than the Netherlands who reside in the Netherlands or stay temporarily in the Netherlands shall be entitled to benefits in kind in accordance with the policy offered to insured persons in the Netherlands by the institution of the place of residence or the place of stay, taking into account Article 11 (1), (2) and (3) and Article 19 (1) of the Zorgverzekeringswet (Health Care Insurance Act), as well as to benefits in kind provided by the Algemene Wet Bijzondere Ziektekosten (Exceptional Medical Expenses Act).

g. For the purposes of Article 24 of this Convention, the following pensions shall be treated as pensions payable under the legal provisions mentioned in subparagraphs (b) (invalidity) and (c) (old age) of Article 2, paragraph 1, of this Convention:

• pensions awarded under the Law of 6 January 1966 on pensions for civil servants and their survivors (Algemene burgerlijke pensioenwet) (Netherlands Civil Service Pensions Act);
• pensions awarded under the Law of 6 october 1966 on pensions for military personnel and their survivors (Algemene militaire pensioenwet) (Military Pensions Act);
• disablement benefits awarded under the Law of 7 June 1972 on measures provided on behalf of servicemen and persons regarded as such against the financial consequences of disablement (Wet arbeidsongeschiktheidsvoorziening militairen);
• pensions awarded under the Law of 15 February 1967 on pensions for employees of the Netherlands Railway Company (NV Nederlandse Spoorwegen) and their survivors (Spoorwegpensioenwet), (Railway Pensions Act);
• pensions awarded under the Reglement Dienstvoorwaarden Nederlandse Spoorwegen (Regulation governing conditions of employment of the Netherlands Railway Company);
• benefits awarded to retired persons before reaching the pensionable age of 65 years under a pension scheme designed to provide income for former employed persons in their old age, or benefits provided in the event of premature exit from the labour market under a scheme set up by a State or by an industrial agreement for persons aged 55 or over.

h. Persons residing in the Netherlands, who are entitled to benefits in kind at the expense of another Contracting Party under Chapters 1 and 3 of Title III of this Convention, are not insured under the Exceptional Medical Expenses Act.

i. For the purposes of Chapters 1 and 3 of Title III of this Convention, the no-claim refund provided for in the Netherlands scheme in the event of limited use of health care facilities, shall be deemed to be a sickness benefit in cash.

[Note by the Secretariat: Last up-dating contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 28 February 2007, registered at the Secretariat General on 2 March 2007 — Or. Engl.]

Period covered: 09/05/1977 -

Articles concerned: 72

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 20 February 1986, registered at the Secretariat General on 21 February 1986 — Or. Engl.

In addition to the letter of the Netherlands Permanent Representative No 1799 of 24 December 1985, I have the honour to bring the following to your attention in your capacity of depositary of the treaties listed in the annex.

The treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party (for the Kingdom in Europe) apply as of 1 January 1986 equally to Aruba.

List of treaties

.....

78. European Convention on Social Security, with Annexes and Supplementary Agreement (1972).

[Note by the Secretariat: The letter No 1799 of 24 December 1985 reads as follows:

«The island of Aruba, which is at present still part of the Netherlands Antilles, will obtain internal autonomy as a country within the Kingdom of the Netherlands as of 1 January 1986. Consequently the Kingdom will from then on no longer consist of two countries, namely the Netherlands (the Kingdom in Europe) and the Netherlands Antilles (situated in the Caribbean region), but will consist of three countries, namely the said two countries and the country Aruba.»

As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.

Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.»]

Period covered: 01/01/1986 -

Articles concerned: 1

General explanation contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 28 February 2007, registered at the Secretariat General on 2 March 2007 — Or. Engl.

As a consequence of the introduction in the Netherlands of a new Social Health Insurance it is necessary that the current text of Annex II (Legislation and schemes to which this convention is applicable) and Annex VII (Particular measures for the application of the legislation of the contracting parties) of the European Convention on social security, of 14 December 1972, is amended.

It is also necessary to amend the Annexes 1 (Competent Authorities), 2 (Competent Institutions), 3 (Institutions of the place of residence and institutions of the place of temporary residence), 4 (Liaison Bodies), and 7 (Institutions designated by the competent aurhorities of the Contracting Parties) of the Supplementary Agreement.

The present amendments, considering one of the underlying principles of the Convention that there is a need to aspire harmonisation of the provisions of international regulations, fit in with the provisions of the Regulation 1408/71 of the Council of the European Union as it reads after Council of ministers has adopted the proposals to that effect on which the Administrative Commission on social security of migrating workers has agreed, as well as corresponding provisions in other international regulations in which the Netherlands are involved.

Amendment to Annex II of the Convention

Healthcare allowances are added here to the legislation and schemes to which this convention is applicable, so they will be exported.

Amendment to Annex VII of the Convention

Subsection a.

Subsection a indicates who is entitled to benefits pursuant to Netherlands legislation. This concerns two categories of persons: (a) persons who are compulsorily insured and (b) so-called contractually insured persons.

The first category is insured under the Health Care Insurance Act. The second category of insured have the right to health care funded by the Netherlands under this Convention. Hence the persons referred to in this subsection dot not create charges for the other Contracting Parties.

Subsection b.

Subsection b stipulates that persons whose health care is charged to the Netherlands must either be insured with a health care insurer (the group of persons referred to in a(i)) or must be registered with the College voor zorgverzekeringen (the group of persons referred to in a(ii)).

Subsection c.

Unlike the Health Insurance Act (Ziekenfondswet), the Health Care Insurance Act contains no reference to members of the family. This definition makes sure that members of the family of foreign insured that live in the Netherlands will be entitled to benefits in the Netherlands.

Subsection d.

If the persons concerned create costs for the Netherlands, the Netherlands is entitled to contributions or premiums in accordance with its legislation. This Convention already provides one legal basis, which concerns pensioners. However, the group of contractually insured persons also includes family members of employees or frontier workers. This Convention contains no legal basis concerning the levying a contribution for this category. For this reason subsection d. regulates the possibility of levying a contribution in cases in which persons are entitled to health care at the expense of the Netherlands pursuant to this Convention. The contributions are levied in accordance with Netherlands legislation. Subsection d. also stipulates that the Netherlands is entitled to levy a contribution from the principal insured person to cover the members of his family who are resident abroad.

Subsection e.

Section e makes it incumbent on the contractually insured persons, in other words the group of persons referred to in a(ii), to register with the College voor zorgverzekeringen. The reason why the provisions of the Health Care Insurance Act have been declared to apply mutatis mutandis in the event of delays in registration is to prevent the persons concerned from waiting to register with the College voor zorgverzekeringen until such time as the need for health care arises. As a result, persons concerned are only entitled to claim benefits against the Netherlands after they have registered with the College voor zorgverzekeringen, and the College voor zorgverzekeringen may, inter alia, decide to impose a fine in the event of late registration.

Subsection f.

The Health Care Insurance Act contains somewhat complicated rules as regards claims packages. Insured may choose between a range of policy variants, depending on the offers made by the insurers. It is up to the insurer to decide which policy variants to offer. The two basic variants are a policy whereby the insured has a right to health care, the so-called benefit-in-kind policy, and a policy whereby the insured has a right to reimbursement of the costs of health care, the so-called refund policy. Insurers can also offer other policy variants as regards benefits in kind or in cash which differ depending on the province and the nature of the care provided. It is in the interests of persons who obtain care in the Netherlands at the expense of another Contracting Party that there is no uncertainty about the content and the scope of the benefits they are entitled to. Hence the link up with a policy variant offered by the institution of the place of residence or the place of stay. On the basis of this policy, persons have a right to benefits in kind without own contributions. Hence the insured must not pay the health care provider for the costs of care, these costs being paid directly by the institution of the place of stay or by the institution of the place of residence.

Subsection g.

In this connection, registration is necessary so that the benefits in question, exclusively with the eye to the amendment of the abovementioned articles of this Convention, can be brought into line with a benefit or pension within the meaning of this Convention. As a result of registration, these persons are not charged to their country of residence but to the Netherlands. This ensures the continuity of social security coverage. Without registration the persons concerned would have to deal with shifting social security schemes.

Subsection h.

Given that the Dutch legislation on social healthcare insurance is residence based, this registration is necessary to prevent the situation where everybody residing in the Netherlands will be entitled to benefits in kind at the charge of the Netherlands, while there is a right to entitlements at the charge of another Contracting Party than the Netherlands.

Subsection i.

Pursuant to Netherlands law, everybody who pays a premium or a contribution has a right to a no-claim refund. However, persons resident or staying in the Netherlands who are insured abroad do not have such a right. Registration is necessary to rule out all doubts as to the nature of the no-claim refund. This precludes payment of a no-claim refund to persons residing or staying in the Netherlands who are insured abroad and, on the other hand, obliges the Netherlands to provide the no-claim refund to insured or contractually insured persons outside the Netherlands.

Amendment to Annex 1 to the Supplementary Agreement

Because the Minister van Volksgezondheid, Welzjin en Sport is the competent authority concerning health care insurances, he should also be mentioned here.

Amendment to Annex 2 to the Supplementary Agreement

Annex 2 concerns indication of the competent bodies. In the case of insured persons residing abroad, this is the health care insurer with whom care insurance has been concluded within the meaning of the Health Care Insurance Act. In the case of contractually insured persons resident abroad, two competent bodies are indicated: the College voor zorgverzekeringen for the registration and levying of the statutory contribution and a health care insurer to be designated by the Minister for Health, Welfare and Sport for the de facto provision of the care in question.

The Belastingdienst Toeslagen is added under a new subsection because this competent body is responsible for determining entitlement to a health care allowance.

Amendment to Annex 3 to the Supplementary Agreement

Annex 3 concerns indication of the institutions for the place of residence and the place of stay. The Minister for Health, Welfare and Sport designates a health care insurer to function as the institution for the place of residence as well as one to function as the institution of the place of stay.

Amendment to Annex 4 to the Supplementary Agreement

The Ziekenfondsraad has evolved into the College voor zorgverzekeringen.

Pursuant to the Health Care Allowance Act, the Belastingdienst Toeslagen in Utrecht is exclusively responsible for determining entitlement to a health care allowance and payment thereof. Hence this indication is necessary because otherwise the existing liaison body for benefits in cash would also be responsible for the health care allowance.

Amendment to Annex 7 to the Supplementary Agreement

The name and residence of the Ziekenfondsraad have changed.

Period covered: 02/03/2007 -

Articles concerned: 3, 72, 81

Norway

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of the Kingdom of Norway, including Spitzbergen, Jan Mayen, and the Norwegian Dependencies.

Nationals: persons of Norwegian nationality.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

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 Pension Scheme for Nurses.

Occupational Injuries and Diseases Insurance Act of 12 December 1958.

Family Allowances Act of 24 October 1946.

Act of 19 June 1969 relating to special supplements to benefits from the National Insurance.

Act of 19 December 1969 relating to compensation supplementary to benefits from the National Insurance.

[Notes by the Secretariat: 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.

Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Norway — France

General Convention on social security of 30 September 1954.

Norway — Germany

Agreement of 2/6 September 1965 on the reciprocal payment of social benefits.

Norway — Portugal

Convention on social security and Protocol of 5 June 1980.

Norway — United Kingdom

Convention on social security of 25 July 1957.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972 — Last amendment via the up-dating Portugal.]

Articles concerned: 6

Annex IV: Benefits to which the provisions of paragraph 2 or paragraph 3 of Article 8 are applicable

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, Section 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, sub-paragraphs (b), (c), (d), and (e) of the Act of 17 June 1966 on national insurance.

[Note by the Secretariat: Last up-dating contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Articles concerned: 8

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

Norway — Portugal

Convention on social security and Protocol of 5 June 1980.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972 — Last amendment via the up-dating Portugal.]

Articles concerned: 9

Annex VI: Benefits to which the provisions of paragraph 1 or paragraph 2 of Article 11 are not applicable

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.

[Note by the Secretariat: Last updating contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Articles concerned: 11

Annex VII: Particular measures for the application of the legislation of the Contracting Parties

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.

Compensation supplement to benefits from the National Insurance granted in accordance with the Act of 19 December 1969 is granted only to persons domiciled in Norway.

[Note by the Secretariat: Last up-dating contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Articles concerned: 72

Portugal

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of Portugal.

Nationals: persons of Portuguese nationality.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Period covered: 19/06/1983 -

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

Legislation concerning:

a. sickness insurance (including the special tuberculosis scheme);

b. maternity insurance;

c. pension insurance (invalidity and old age);

d. life insurance (benefit and survivors» pensions);

e. compensation for damage resulting from occupational injuries and diseases;

f. unemployment insurance;

g. family allowances;

h. special social insurance schemes for specific categories of workers, insofar as these are concerned with contingencies or types of benefits covered by the legislation referred to above (particularly agricultural and self-employed workers).

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Period covered: 19/06/1983 -

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Portugal — Belgium

General Convention on social security and appended Protocol of 14 September 1970.

Portugal — France

General Convention on social security of 29 July 1971 in the wording of the Codicils of 7 February 1977 and 1 October 1979.

General Protocol of 29 July 1971 and Supplementary Protocol of 1 October 1979.

Portugal — Germany

Convention on social security of 6 November 1964 in the wording of the amended Convention of 30 September 1974.

Portugal — Luxembourg

Convention on social security and special Protocol of 12 February 1965 as modified by the Codicils of 5 June 1972 and 20 May 1977.

Portugal — Netherlands

Chapters 1, 4, 5 and 6 of Title III of the Convention on social security of 19 July 1979.

Portugal — Norway

Convention on social security and Protocol of 5 June 1980.

Portugal — Sweden

Convention on social security of 25 October 1978.

Portugal — Switzerland

Convention on social security and appended final Protocol of 11 September 1975.

Portugal — United Kingdom

Convention on social security and Protocol on medical treatment of 15 November 1978.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1977 — Last amendment via the up-dating Netherlands.]

Period covered: 19/06/1983 -

Articles concerned: 6

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

Portugal — Belgium

General Convention on social security and appended Protocol of 14 September 1970.

Portugal — France

General Convention on social security of 29 July 1971 in the wording of the Codicils of 7 February 1977 and 1 October 1979.

General Protocol of 29 July 1971 and supplementary Protocol of 1 October 1979.

Portugal — Germany

Convention on social security of 6 November 1964 in the wording of the modified Convention of 30 September 1974.

Portugal — Luxembourg

Convention on social security excluding Article 3, paragraph 2, and special Protocol of 12 February 1965, as modified by the Codicils of 5 June 1972 and 20 May 1977.

Portugal — Netherlands

Chapters 1, 4, 5 and 6 of Title III of the Convention on Social Security of 19 July 1979.

Portugal — Norway

Convention on social security and Protocol of 5 June 1980.

Portugal — Sweden

Convention on social security of 25 October 1978.

Portugal — Switzerland

Convention on social security and appended Final Protocol of 11 September 1975.

Portugal — United Kingdom

Convention on social security of 15 November 1978 and Protocol on medical treatment with the exception of Article 2, paragraph 1.

[Note by the Secretariat: Last up-dating contained in a letter from the Permanent Representation of Portugal, dated 13 July 1983, registered at the Secretariat General on 19 July 1983 — Or. Fr.]

Period covered: 19/06/1983 -

Articles concerned: 9

Spain

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of the Kingdom of Spain.

Nationals: persons of Spanish nationality.

[Note by the Secretariat: Last up-dating contained in a letter from the Permanent Representative of Spain, dated 27 September 1995, registered at the Secretariat General on 2 October 1995 — Or. Fr.]

Period covered: 25/04/1986 -

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

Legislation concerning:

a. the general Social Security scheme governing the following branches:

1. sickness, maternity;

2. old age;

3. invalidity;

4. death and survivors» benefits;

5. occupational injuries and diseases;

6. family allowances;

7. unemployment.

b. the special Social Security schemes for the above-mentioned branches.

c. the non-contributory benefits of the Social Security system.

[Note by the Secretariat: Last up-dating transmitted by a letter from the Permanent Representative of Spain, dated 27 September 1995, registered at the Secretariat General on 2 October 1995 — Or. Fr.]

Period covered: 25/04/1986 -

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Spain — Austria

Convention on social security and final Protocol of 6 November 1981.

[Note by the Secretariat: Declaration transmitted by the Permanent Representative of Spain at the time of deposit of the instrument of ratification, on 24 January 1986 — Or. Fr.]

Period covered: 25/04/1986 -

Articles concerned: 6

Annex IV: Benefits to which the provisions of paragraph 2 or paragraph 3 of Article 8 are applicable

Article 8, paragraph 2:

Non-contributory benefits of the Spanish Social Security system.

[Note by the Secretariat: Last up-dating transmitted by a letter from the Permanent Representative of Spain, dated 27 September 1995, registered at the Secretariat General on 2 October 1995 — Or. Fr.]

Period covered: 25/04/1986 -

Articles concerned: 8

Annex VI: Benefits to which the provisions of paragraph 1 or paragraph 2 of Article 11 are not applicable

Article 11, paragraph 3, sub-paragraph a:

• Cash benefits in conformity with the Law on Social Integration of disabled persons (Law 13/1982 of 7 April, LISMI).

Article 11, paragraph 3, sub-paragraph b:

• Non-contributory disability pensions, old-age pensions and family allowances covered by Articles 144 to 149, 167 to 170 and 182 to 190 of the consolidated text of the Social Security Law of 20 June 1994.

Article 11, paragraph 3, sub-paragraph d:

• Old-age cash benefits and invalidity cash benefits to persons recognised as being unable to work in accordance with Royal Decree 2620/1981 of 24 July (derogated by Law 28/1992 of 24 November).

[Note by the Secretariat: Last updating contained in a letter from the Permanent Representative of Spain, dated 27 September 1995, registered at the Secretariat General on 2 October 1995 — Or. Fr.]

Period covered: 25/04/1986 -

Articles concerned: 11

Annex VII: Particular measures for the application of the legislation of the Contracting Parties

1. All employed or self-employed persons no longer insured under Spanish legislation are assumed to be insured, at the time of the event resulting in entitlement to benefit, for the purposes of the application of the provisions of Chapter 2 of Title III of the Convention, if they are insured under the legislation of another Contracting Party at the time of the aforementioned event or, alternatively, if a benefit is payable under the legislation of another Contracting Party as a result of the said event.

2. a. For the purpose of determining the amount of the pensions referred to in Chapter 2 of Title III of the Convention, the theoretical Spanish benefit is calculated on the basis of the insured person«s actual contributions in the years preceding the payment of the last contribution to the Spanish social security system.»

b. The amount of the pension is increased in accordance with the improvements and adjustments made for each subsequent year until the year preceding the event resulting in entitlement to benefit, for pensions of the same type.

3. The provisions of Royal Decree No. 2805 of 7 December 1979 concerning persons having the status of civil servant or employee of an international or intergovernmental organisation are extended to the nationals of any Contracting Party as well as refugees and stateless persons:

a. when they have their residence in Spanish territory; or

b. when they have their residence in the territory of another Contracting Party provided they have been, at any time, affiliated in a compulsory manner to the Spanish social security system; or

c. when they have their residence in the territory of a State other than a Contracting Party if they have contributed to the Spanish social security system for a minimum period of one thousand and eighty days, and if they are not insured in a compulsory or voluntary manner under the legislation of a Contracting Party.

[Note by the Secretariat: Last up-dating contained in a letter from the Permanent Representative of Spain, dated 27 September 1995, registered at the Secretariat General on 2 October 1995 — Or. Fr.]

Period covered: 25/04/1986 -

Articles concerned: 72

Sweden

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of the Kingdom of Sweden.

Nationals: persons of Swedish nationality.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

Legislation concerning:

a. sickness insurance including parental insurance;

b. basic pensions;

c. supplementary pensions insurance;

d. occupational injuries and diseases insurance;

e. unemployment insurance and cash labour market support;

f. general children«s allowances.»

[Note by the Secretariat: Last up-dating contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Sweden — Austria

Convention on social security of 11 November 1975.

Sweden — Portugal

Convention on social security of 25 October 1978.

Sweden — Switzerland

Convention of 17 December 1954 on social insurance.

Sweden — United Kingdom

Convention on social security of 9 June 1956.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972 — Last amendment via the up-dating Portugal.]

Articles concerned: 6

Annex IV: Benefits to which the provisions of paragraph 2 or paragraph 3 of Article 8 are applicable

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.

Article 8, paragraph 2, sub-paragraph c, and paragraph 3 sub-paragraph b:

Death:

• 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.

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.

[Note by the Secretariat: Last up-dating contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Articles concerned: 8

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

Sweden — Portugal

Convention on social security of 25 October 1978.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1977 — Last amendment via the up-dating Portugal.]

Articles concerned: 9

Annex VI: Benefits to which the provisions of paragraph 1 or paragraph 2 of Article 11 are not applicable

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.

[Note by the Secretariat: Last updating contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Articles concerned: 11

Annex VII: Particular measures for the application of the legislation of the Contracting Parties

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.

[Note by the Secretariat: Initial declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 72

Switzerland

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of the Swiss Confederation.

Nationals: persons possessing Swiss nationality.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

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.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Switzerland — Austria

Convention on social security of 15 November 1967.

Supplementary Convention of 17 May 1973 to the Convention on social security of 15 November 1967.

Switzerland — Belgium

Convention on social insurance and Final Protocol of 24 September 1975.

Switzerland — Denmark

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.

Switzerland — France

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.

Convention on social security of 3 July 1975 and Protocols thereto.

Switzerland — Germany

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.

Supplementary Agreement of 9 September 1975 to the Convention on social security of 25 February 1964.

Convention of 4 February 1928 between the German Reich and Switzerland on unemployment insurance for workers in frontier areas.

Switzerland — Greece

Convention on social security of 1 June 1973.

Switzerland — Italy

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 to the Convention on social security of 14 December 1962 concluded on 4 July 1969.

Protocol of 25 February 1974 to the Supplementary Agreement of 4 July 1969.

Switzerland — Luxembourg

Convention on social security of 3 June 1967, excluding Articles 18 to 21.

Switzerland — Netherlands

Convention on social security of 27 May 1970.

Switzerland — Portugal

Convention on social security and appended final Protocol of 11 September 1975.

Switzerland — Sweden

Convention of 17 December 1954 on social insurance.

Switzerland — Turkey

Convention on social security of 1 May 1969.

Switzerland — United Kingdom

Convention on social security of 21 February 1968 [and relevant Protocol].

[Note by the Secretariat: Declarations contained in the text of the official annexes adopted by the Committee of Ministers in 1972 and 1977 — Last amendment via the up-dating Netherlands.]

Articles concerned: 6

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

Switzerland — Portugal

Convention on social security and appended Final Protocol of 11 September 1975.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1977 — Last amendment via the up-dating Portugal.]

Articles concerned: 9

Annex VI: Benefits to which the provisions of paragraph 1 or paragraph 2 of Article 11 are not applicable

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%

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 11

Annex VII: Particular measures for the application of the legislation of the Contracting Parties

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 special old-age pensions payable in lieu thereof are awarded to nationals of the Contracting Parties subject to the conditions that they have resided in Switzerland throughout five years immediately preceding the lodging of the claim. A reservation is made on the provisions of Article 39, paragraphs 2 and 3, of the Federal Act on invalidity insurance.

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 of 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 least 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. However, periods of temporary residence outside the Swiss territory not exceeding two months during a calendar year do not interrupt residence in Switzerland.

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.

[Note by the Secretariat: Last up-dating contained in the text of the official annexes adopted by the Committee of Ministers in 1977.]

Articles concerned: 72

Turkey

Reservation contained in a letter from the Permanent Representative of Turkey, dated 2 December 1976, handed to the Secretary General at the time of deposit of the instrument of ratification on the same day — Or. Fr.

The Government of Turkey, while ratifying the European Convention on Social Security and the Supplementary Agreement for the application of the European Convention on Social Security, declares that it does not consider itself bound to carry out the provisions of the said Convention and Supplementary Agreement in relation to the Greek Cypriot Administration, which is not constitutionally entitled to represent alone the Republic of Cyprus.

[Note by the Secretariat: The Notification of the above reservation mentioned the Decision taken by the Committee of Ministers in February 1976, at the 254th meeting of the Ministers» Deputies. This Decision concerns an identical reservation, made by the Turkish Government when ratifying seven conventions and agreements on 19 December 1975, and reads as follows:

«The Deputies,»

In the light of the foregoing discussion, and referring solely to the procedural aspects of the deposit of the seven instruments of ratification,

Considered that the Secretary General should proceed, with effect from 19 December 1975 to the registration of these instruments of ratification as presented by the Permanent Representative of Turkey by letters dated 19 December 1975 and notify the Governments of member States thereof, it being understood that the registration of reservations by the Secretary General has no effect on their validity.

The above decision will in no way affect the position of the Government of the Republic of Cyprus in the Committee of Ministers of the Council of Europe.»]

Period covered: 01/03/1977 -

Articles concerned: -

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of Turkey.

Nationals: persons possessing Turkish nationality.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Period covered: 01/03/1977 -

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

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).

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Period covered: 01/03/1977 -

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

Turkey — Austria

Convention on social security of 28 October 1999.

Turkey — Belgium

General Convention on social security of 4 July 1966.

Turkey — France

Convention on social security of 20 January 1972.

Turkey — Germany

Convention on social security of 30 April 1964.

Supplementary Convention of 28 May 1969 amending the Convention on social security of 30 April 1964.

Interim Convention of 25 October 1974 amending the Convention of 30 April 1964.

Turkey — Netherlands

Section III of the Convention on social security of 5 April 1966 as modified by the Convention of 4 September 1980.

Turkey — Switzerland

Convention on social security of 1 May 1969.

Turkey — United Kingdom

Convention on social insurance of 9 September 1959.

[Note by the Secretariat: Declarations contained in the text of the official annexes adopted by the Committee of Ministers in 1972 and 1977 — Last amendment via the up-dating Austria.]

Period covered: 01/03/1977 -

Articles concerned: 6

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

Turkey — Germany

Convention on social security of 30 April 1964, as amended by the Interim Convention of 25 October 1974 with the exception of Article 4, paragraph 1, and Article 8.

Turkey — Netherlands

Section III of the Convention on social security of 5 April 1966 as modified by the Convention of 4 September 1980.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972 — Last amendment via the up-dating Austria.]

Period covered: 01/03/1977 -

Articles concerned: 9

Declaration contained in a letter from the Deputy Permanent Representative of Turkey to the Council of Europe, dated 31 July 2015, registered at the Secretariat General on 5 August 2015 — Or. Engl.

Pursuant to Article 7, paragraphe 2, of the Convention, regarding bilateral agreements concluded between two Parties to the Convention, Turkey notifies that the Agreement concluded between the Republic of Turkey and the Italian Republic on social security has been ratified by both Parties and will enter into force on 1 August 2015.

Period covered: 05/08/2015 -

Articles concerned: 7

United Kingdom

Annex I: Definition of territories and nationals of the Contracting Parties

Territory: the territory of the United Kingdom of Great Britain and Northern Ireland, and for the purposes of certain of the Conventions specified in Annex III, the Isle of Man, the Island of Jersey, the Islands of Guernsey, Alderney, Herm and Jethou, but not the other territories for whose international relations the United Kingdom is responsible.

Nationals: citizens of the United Kingdom and Colonies.

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 1

Annex II: Legislation and schemes to which this Convention is applicable

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).

[Note by the Secretariat: Declaration contained in the text of the official annexes adopted by the Committee of Ministers in 1972.]

Articles concerned: 3

Annex III: Provisions remaining in force notwithstanding the provisions of Article 5

United Kingdom — Austria

Supplementary Convention on social security of 16 September 1975.

United Kingdom — Cyprus

Agreement on social security of 6 October 1969.

United Kingdom — Malta

Agreement on social security of 26 October 1956.

Agreement on social security of 21 March 1958.

United Kingdom — Norway

Convention on social security of 25 July 1957.

United Kingdom — Portugal

Convention on social security and Protocol on medical treatment of 15 November 1978.

United Kingdom — Sweden

Convention on social security of 9 June 1956.

United Kingdom — Switzerland

Convention on social security of 21 February 1968 [and relevant Protocol].

United Kingdom — Turkey

Convention on social insurance of 9 September 1959.

[Note by the Secretariat: Declarations contained in the text of the official annexes adopted by the Committee of Ministers in 1972 and 1977 — Last amendment via the up-dating Portugal.]

Articles concerned: 6

Annex V: Provisions whose application is extended to nationals of all the Contracting Parties

United Kingdom — Cyprus

Agreement on social security of 6 October 1969.

United Kingdom — Malta

Agreement on social security of 26 October 1956.

Agreement on social security of 21 March 1958.

United Kingdom — Portugal

Convention on social security of 15 November 1978 and Protocol on medical treatment with the exception of Article 2, paragraph 1.

[Note by the Secretariat: Declarations contained in the text of the official annexes adopted by the Committee of Ministers in 1972 and 1977 — Last amendment via the up-dating Portugal.]

Articles concerned: 9