European Interim Agreement on Social Security Schemes relating to Old Age, Invalidity and Survivors

Transcription

1 Europen Trety Series - No. 12 Europen Interim Agreement on Socil Security Schemes relting to Old Age, Invlidity nd Survivors Pris, 11.XII.1953 The governments signtory hereto, eing memers of the Council of Europe, Considering tht the im of the Council of Europe is to chieve greter unity etween its memers for the purpose, mong others, of fcilitting their socil progress; Affirming the principle tht the ntionls of ny one of the Contrcting Prties to this Agreement should receive under the lws nd regultions of ny other Contrcting Prty relting to enefits pyle in respect of old ge, invlidity or survivors, equl tretment with the ntionls of the ltter, principle snctioned y Conventions of the Interntionl Lour Orgnistion; Affirming lso the principle tht the ntionls of ny one of the Contrcting Prties should receive the enefits of greements relting to old ge, invlidity nd survivors concluded y ny two or more of the other Contrcting Prties; Desirous of giving effect to these principles y mens of n Interim Agreement pending the conclusion of generl convention sed on network of ilterl greements, Hve greed s follows: Article 1 1 This Agreement shll pply to ll socil security lws nd regultions which re in force t the dte of signture or my susequently come into force in ny prt of the territory of the Contrcting Prties nd which relte to: c enefits in respect of old ge; enefits in respect of invlidity, other thn those wrded under n employment injury scheme; enefits pyle to survivors, other thn deth grnts or enefits wrded under n employment injury scheme. 2 This Agreement shll pply to schemes of contriutory nd non-contriutory enefits. It shll not pply to pulic ssistnce, specil schemes for civil servnts or enefits pid in respect of wr injuries or injuries due to foreign occuption.

2 3 For the purpose of this Agreement the word "enefit" shll include ny increse in or supplement to the enefit. 4 The terms "ntionls" nd "territory" of Contrcting Prty shll hve the mening ssigned to them y such Prty in declrtion ddressed to the Secretry Generl of the Council of Europe for communiction to ll other Contrcting Prties. Article 2 1 Suject to the provisions of Article 9, ntionl of ny one of the Contrcting Prties shll e entitled to receive the enefits of the lws nd regultions of ny other of the Contrcting Prties under the sme conditions s if he were ntionl of the ltter, provided tht: c in the cse of invlidity enefit under either contriutory or non-contriutory scheme he hd ecome ordinrily resident in the territory of the ltter Contrcting Prty efore the first medicl certifiction of the sickness responsile for such invlidity; in the cse of enefit pyle under non-contriutory scheme, he hs een resident in tht territory for period in the ggregte of not less thn fifteen yers fter the ge of twenty, hs een ordinrily resident without interruption in tht territory for t lest five yers immeditely preceding the clim for enefit nd continues to e ordinrily resident in tht territory; in the cse of enefit pyle under contriutory scheme, he is resident in the territory of ny one of the Contrcting Prties. 2 In ny cse where the lws nd regultions of ny one of the Contrcting Prties impose restriction on the rights of ntionl of tht Prty who ws not orn in its territory, ntionl of ny other of the Contrcting Prties orn in the territory of the ltter shll e treted s if he were ntionl of the former Contrcting Prty orn in its territory. Article 3 1 Any greement relting to the lws nd regultions referred to in Article 1 which hs een or my e concluded y ny two or more of the Contrcting Prties shll, suject to the provisions of Article 9, pply to ntionl of ny other of the Contrcting Prties s if he were ntionl of one of the former Prties insofr s it provides, in reltion to those lws nd regultions: c d for determining under which lws nd regultions person should e insured; for mintining cquired rights nd rights in course of cquisition nd, in prticulr, for dding together insurnce periods nd equivlent periods for the purpose of estlishing the right to receive enefit nd clculting the mount of enefit due; for pying enefit to persons residing in the territory of ny one of the Prties to such greement; for supplementing nd dministering the provisions of such greement referred to in this prgrph. 2

3 2 The provisions of prgrph 1 of this rticle shll not pply to ny provision of the sid greement which concerns enefits provided under non-contriutory scheme, unless the ntionl concerned hs een resident in the territory of the Contrcting Prty under whose lws nd regultions he clims enefit for period in the ggregte of not less thn fifteen yers fter the ge of twenty nd hs een ordinrily resident without interruption in tht territory for period of t lest five yers immeditely preceding the clim for enefit. Article 4 Suject to the provisions of ny relevnt ilterl nd multilterl greements, enefits which in the sence of this Agreement hve not een wrded, or hve een suspended, shll e wrded or reinstted from the dte of the entry into force of this Agreement for ll the Contrcting Prties concerned with the clim in question, provided tht the clim thereto is presented within one yer fter such dte or within such longer period s my e determined y the Contrcting Prty under whose lws nd regultions the enefit is climed. If the clim is not presented within such period, the enefit shll e wrded or reinstted from the dte of the clim or such erlier dte s my e determined y the ltter Contrcting Prty. Article 5 The provisions of this Agreement shll not limit the provisions of ny ntionl lws or regultions, interntionl conventions, or ilterl or multilterl greements which re more fvourle for the eneficiry. Article 6 This Agreement shll not ffect those provisions of ntionl lws or regultions which relte to the prticiption of insured persons, nd of other ctegories of persons concerned, in the mngement of socil security. Article 7 1 Annex I to this Agreement sets out in reltion to ech Contrcting Prty the socil security schemes to which Article 1 pplies which re in force in ny prt of its territory t the dte of signture of this Agreement. 2 Ech Contrcting Prty shll notify the Secretry Generl of the Council of Europe of every new lw or regultion of type not included in Annex I in reltion to tht Prty. Such notifictions shll e mde y ech Contrcting Prty within three months of the dte of puliction of the new lw or regultion, or if such lw or regultion is pulished efore the dte of rtifiction of this Agreement y the Contrcting Prty concerned, t tht dte of rtifiction. Article 8 1 Annex II to this Agreement sets out in reltion to ech Contrcting Prty the greements concluded y it to which Article 3 pplies which re in force t the dte of signture of this Agreement. 2 Ech Contrcting Prty shll notify the Secretry Generl of the Council of Europe of every new greement concluded y it to which Article 3 pplies. Such notifiction shll e mde y ech Contrcting Prty within three months of the dte of coming into force of the greement, or if such new greement hs come into force efore the dte of rtifiction of this Agreement, t tht dte of rtifiction. 3

4 Article 9 1 Annex III to this Agreement sets out the reservtions hereto mde t the dte of signture. 2 Any Contrcting Prty my, t the time of mking notifiction in ccordnce with Article 7 or Article 8, mke reservtion in respect of the ppliction of the present Agreement to ny lw, regultion or greement which is referred to in such notifiction. A sttement of ny such reservtion shll ccompny the notifiction concerned; it will tke effect from the dte of entry into force of the new lw, regultion or greement. 3 Any Contrcting Prty my withdrw either in whole or in prt ny reservtion mde y it y notifiction to tht effect ddressed to the Secretry Generl of the Council of Europe. Such notifiction shll tke effect on the first dy of the month following the month in which it is received nd this Agreement shll pply ccordingly. Article 10 The nnexes to this Agreement shll constitute n integrl prt of this Agreement. Article 11 1 Arrngements, where necessry, etween the competent uthorities of the Contrcting Prties shll determine the methods of implementtion of this Agreement. 2 The competent uthorities of the Contrcting Prties concerned shll endevour to resolve y negotition ny dispute relting to the interprettion or ppliction of this Agreement. 3 If ny such dispute hs not een resolved y negotition within period of three months, the dispute shll e sumitted to ritrtion y n ritrl ody whose composition nd procedure shll e greed upon y the Contrcting Prties concerned, or, in defult of such greement, within further period of three months, y n ritrtor chosen t the request of ny of the Contrcting Prties concerned y the President of the Interntionl Court of Justice. Should the ltter e ntionl of one of the Prties to the dispute, this tsk shll e entrusted to the Vice-President of the Court or to the next judge in order of seniority not ntionl of one of the Prties to the dispute. 4 The decision of the ritrl ody, or ritrtor, s the cse my e, shll e mde in ccordnce with the principles nd spirit of this Agreement nd shll e finl nd inding. Article 12 In the event of the denuncition of this Agreement y ny of the Contrcting Prties, ny right cquired y person in ccordnce with its provisions shll e mintined nd, in prticulr, if he hs, in ccordnce with its provisions, cquired the right to receive ny enefit under the lws nd regultions of one of the Contrcting Prties while he is resident in the territory of nother, he shll continue to enjoy tht right; suject to ny conditions which my e lid down y supplementry greements concluded y the Contrcting Prties concerned for the settlement of ny rights then in course of cquisition, the provisions of this Agreement shll continue to pply to insurnce periods nd equivlent periods completed efore the dte when the denuncition ecomes effective. 4

5 Article 13 1 This Agreement shll e open to the signture of the memers of the Council of Europe. It shll e rtified. Instruments of rtifiction shll e deposited with the Secretry Generl of the Council of Europe. 2 This Agreement shll come into force on the first dy of the month following the dte of deposit of the second instrument of rtifiction. 3 As regrds ny signtory rtifying susequently, the Agreement shll come into force on the first dy of the month following the dte of the deposit of its instrument of rtifiction. Article 14 1 The Committee of Ministers of the Council of Europe my invite ny Stte not memer of the Council of Europe to ccede to this Agreement. 2 Accession shll e effected y the deposit of n instrument of ccession with the Secretry Generl of the Council of Europe, which shll tke effect on the first dy of the month following the dte of deposit. 3 Any instrument of ccession deposited in ccordnce with this rticle shll e ccompnied y notifiction of such informtion s would e contined in the Annexes I nd II to this Agreement if the government of the Stte concerned were, on the dte of ccession, signtory hereto. 4 For the purposes of this Agreement ny informtion notified in ccordnce with prgrph 3 of this rticle shll e deemed to e prt of the nnex in which it would hve een recorded if the government of the Stte concerned were signtory hereto. Article 15 The Secretry Generl of the Council of Europe shll notify: the memers of the Council nd the Director Generl of the Interntionl Lour Office: i ii iii of the dte of entry into force of this Agreement nd the nmes of ny memers who rtify it; of the deposit of ny instrument of ccession in ccordnce with Article 14 nd of such notifictions s re received with it; of ny notifiction received in ccordnce with Article 16 nd its effective dte; the Contrcting Prties nd the Director Generl of the Interntionl Lour Office: i of ny notifictions received in ccordnce with Articles 7 nd 8; ii of ny reservtion mde in ccordnce with prgrph 2 of Article 9; iii of the withdrwl of ny reservtion in ccordnce with prgrph 3 of Article 9. 5

6 Article 16 This Agreement shll remin in force for period of two yers from the dte of its entry into force in ccordnce with prgrph 2 of Article 13. Therefter it shll remin in force from yer to yer for such Contrcting Prties s hve not denounced it y notifiction to tht effect ddressed to the Secretry Generl of the Council of Europe t lest six months efore the expiry either of the preliminry two-yer period, or of ny susequent yerly period. Such notifiction shll tke effect t the end of the period to which it reltes. In witness whereof the undersigned, eing duly uthorised thereto, hve signed this Agreement. Done t Pris, this 11th dy of Decemer 1953, in the English nd French lnguges, oth texts eing eqully uthorittive, in single copy which shll remin in the rchives of the Council of Europe nd of which the Secretry Generl shll send certified copies to ech of the signtories nd to the Director Generl of the Interntionl Lour Office. 6