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

Done at: Paris

Date enacted: 1953-12-11

In force: 1954-07-01

Content

The governments signatory hereto, being members of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve greater unity between its members for the purpose, among others, of facilitating their social progress;

Affirming the principle that the nationals of any one of the Contracting Parties to this Agreement should receive under the laws and regulations of any other Contracting Party relating to benefits payable in respect of old age, invalidity or survivors, equal treatment with the nationals of the latter, a principle sanctioned by Conventions of the International Labour Organisation;

Affirming also the principle that the nationals of any one of the Contracting Parties should receive the benefits of agreements relating to old age, invalidity and survivors concluded by any two or more of the other Contracting Parties;

Desirous of giving effect to these principles by means of an Interim Agreement pending the conclusion of a general convention based on a network of bilateral agreements,

Have agreed as follows:

Article 1

1.

This Agreement shall apply to all social security laws and regulations which are in force at the date of signature or may subsequently come into force in any part of the territory of the Contracting Parties and which relate to:

(a)

benefits in respect of old age;

(b)

benefits in respect of invalidity, other than those awarded under an employment injury scheme;

(c)

benefits payable to survivors, other than death grants or benefits awarded under an employment injury scheme.

2.

This Agreement shall apply to schemes of contributory and non-contributory benefits. It shall not apply to public assistance, special schemes for civil servants or benefits paid in respect of war injuries or injuries due to foreign occupation.

3.

For the purpose of this Agreement the word "benefit" shall include any increase in or supplement to the benefit.

4.

The terms "nationals" and "territory" of a Contracting Party shall have the meaning assigned to them by such a Party in a declaration addressed to the Secretary General of the Council of Europe for communication to all other Contracting Parties.

Article 2

1.

Subject to the provisions of Article 9, a national of any one of the Contracting Parties shall be entitled to receive the benefits of the laws and regulations of any other of the Contracting Parties under the same conditions as if he were a national of the latter, provided that:

(a)

in the case of invalidity benefit under either a contributory or non-contributory scheme he had become ordinarily resident in the territory of the latter Contracting Party before the first medical certification of the sickness responsible for such invalidity;

(b)

in the case of benefit payable under a non-contributory scheme, he has been resident in that territory for a period in the aggregate of not less than fifteen years after the age of twenty, has been ordinarily resident without interruption in that territory for at least five years immediately preceding the claim for benefit and continues to be ordinarily resident in that territory;

(c)

in the case of benefit payable under a contributory scheme, he is resident in the territory of any one of the Contracting Parties.

2.

In any case where the laws and regulations of any one of the Contracting Parties impose a restriction on the rights of a national of that Party who was not born in its territory, a national of any other of the Contracting Parties born in the territory of the latter shall be treated as if he were a national of the former Contracting Party born in its territory.

Article 3

1.

Any agreement relating to the laws and regulations referred to in Article 1 which has been or may be concluded by any two or more of the Contracting Parties shall, subject to the provisions of Article 9, apply to a national of any other of the Contracting Parties as if he were a national of one of the former Parties insofar as it provides, in relation to those laws and regulations:

(a)

for determining under which laws and regulations a person should be insured;

(b)

for maintaining acquired rights and rights in course of acquisition and, in particular, for adding together insurance periods and equivalent periods for the purpose of establishing the right to receive benefit and calculating the amount of benefit due;

(c)

for paying benefit to persons residing in the territory of any one of the Parties to such agreement;

(d)

for supplementing and administering the provisions of such agreement referred to in this paragraph.

2.

The provisions of paragraph 1 of this article shall not apply to any provision of the said agreement which concerns benefits provided under a non-contributory scheme, unless the national concerned has been resident in the territory of the Contracting Party under whose laws and regulations he claims benefit for a period in the aggregate of not less than fifteen years after the age of twenty and has been ordinarily resident without interruption in that territory for a period of at least five years immediately preceding the claim for benefit.

Article 4

Subject to the provisions of any relevant bilateral and multilateral agreements, benefits which in the absence of this Agreement have not been awarded, or have been suspended, shall be awarded or reinstated from the date of the entry into force of this Agreement for all the Contracting Parties concerned with the claim in question, provided that the claim thereto is presented within one year after such date or within such longer period as may be determined by the Contracting Party under whose laws and regulations the benefit is claimed. If the claim is not presented within such period, the benefit shall be awarded or reinstated from the date of the claim or such earlier date as may be determined by the latter Contracting Party.

Article 5

The provisions of this Agreement shall not limit the provisions of any national laws or regulations, international conventions, or bilateral or multilateral agreements which are more favourable for the beneficiary.

Article 6

This Agreement shall not affect those provisions of national laws or regulations which relate to the participation of insured persons, and of other categories of persons concerned, in the management of social security.

Article 7

1.

Annex I to this Agreement sets out in relation to each Contracting Party the social security schemes to which Article 1 applies which are in force in any part of its territory at the date of signature of this Agreement.

2.

Each Contracting Party shall notify the Secretary General of the Council of Europe of every new law or regulation of a type not included in Annex I in relation to that Party. Such notifications shall be made by each Contracting Party within three months of the date of publication of the new law or regulation, or if such law or regulation is published before the date of ratification of this Agreement by the Contracting Party concerned, at that date of ratification.

Article 8

1.

Annex II to this Agreement sets out in relation to each Contracting Party the agreements concluded by it to which Article 3 applies which are in force at the date of signature of this Agreement.

2.

Each Contracting Party shall notify the Secretary General of the Council of Europe of every new agreement concluded by it to which Article 3 applies. Such notification shall be made by each Contracting Party within three months of the date of coming into force of the agreement, or if such new agreement has come into force before the date of ratification of this Agreement, at that date of ratification.

Article 9

1.

Annex III to this Agreement sets out the reservations hereto made at the date of signature.

2.

Any Contracting Party may, at the time of making a notification in accordance with Article 7 or Article 8, make a reservation in respect of the application of the present Agreement to any law, regulation or agreement which is referred to in such notification. A statement of any such reservation shall accompany the notification concerned; it will take effect from the date of entry into force of the new law, regulation or agreement.

3.

Any Contracting Party may withdraw either in whole or in part any reservation made by it by a notification to that effect addressed to the Secretary General of the Council of Europe. Such notification shall take effect on the first day of the month following the month in which it is received and this Agreement shall apply accordingly.

Article 10

The annexes to this Agreement shall constitute an integral part of this Agreement.

Article 11

1.

Arrangements, where necessary, between the competent authorities of the Contracting Parties shall determine the methods of implementation of this Agreement.

2.

The competent authorities of the Contracting Parties concerned shall endeavour to resolve by negotiation any dispute relating to the interpretation or application of this Agreement.

3.

If any such dispute has not been resolved by negotiation within a period of three months, the dispute shall be submitted to arbitration by an arbitral body whose composition and procedure shall be agreed upon by the Contracting Parties concerned, or, in default of such agreement, within a further period of three months, by an arbitrator chosen at the request of any of the Contracting Parties concerned by the President of the International Court of Justice. Should the latter be a national of one of the Parties to the dispute, this task shall be entrusted to the Vice-President of the Court or to the next judge in order of seniority not a national of one of the Parties to the dispute.

4.

The decision of the arbitral body, or arbitrator, as the case may be, shall be made in accordance with the principles and spirit of this Agreement and shall be final and binding.

Article 12

In the event of the denunciation of this Agreement by any of the Contracting Parties,

a.

any right acquired by a person in accordance with its provisions shall be maintained and, in particular, if he has, in accordance with its provisions, acquired the right to receive any benefit under the laws and regulations of one of the Contracting Parties while he is resident in the territory of another, he shall continue to enjoy that right;

b.

subject to any conditions which may be laid down by supplementary agreements concluded by the Contracting Parties concerned for the settlement of any rights then in course of acquisition, the provisions of this Agreement shall continue to apply to insurance periods and equivalent periods completed before the date when the denunciation becomes effective.

Article 13

1.

This Agreement shall be open to the signature of the members of the Council of Europe. It shall be ratified. Instruments of ratification shall be deposited with the Secretary General of the Council of Europe.

2.

This Agreement shall come into force on the first day of the month following the date of deposit of the second instrument of ratification.

3.

As regards any signatory ratifying subsequently, the Agreement shall come into force on the first day of the month following the date of the deposit of its instrument of ratification.

Article 14

1.

The Committee of Ministers of the Council of Europe may invite any State not a member of the Council of Europe to accede to this Agreement.

2.

Accession shall be effected by the deposit of an instrument of accession with the Secretary General of the Council of Europe, which shall take effect on the first day of the month following the date of deposit.

3.

Any instrument of accession deposited in accordance with this article shall be accompanied by a notification of such information as would be contained in the Annexes I and II to this Agreement if the government of the State concerned were, on the date of accession, a signatory hereto.

4.

For the purposes of this Agreement any information notified in accordance with paragraph 3 of this article shall be deemed to be part of the annex in which it would have been recorded if the government of the State concerned were a signatory hereto.

Article 15

The Secretary General of the Council of Europe shall notify:

a.

the members of the Council and the Director General of the International Labour Office:

b.

of the date of entry into force of this Agreement and the names of any members who ratify it;

c.

of the deposit of any instrument of accession in accordance with Article 14 and of such notifications as are received with it;

d.

of any notification received in accordance with Article 16 and its effective date;

e.

the Contracting Parties and the Director General of the International Labour Office:

f.

of any notifications received in accordance with Articles 7 and 8;

g.

of any reservation made in accordance with paragraph 2 of Article 9;

h.

of the withdrawal of any reservation in accordance with paragraph 3 of Article 9.

Article 16

This Agreement shall remain in force for a period of two years from the date of its entry into force in accordance with paragraph 2 of Article 13. Thereafter it shall remain in force from year to year for such Contracting Parties as have not denounced it by a notification to that effect addressed to the Secretary General of the Council of Europe at least six months before the expiry either of the preliminary two-year period, or of any subsequent yearly period. Such notification shall take effect at the end of the period to which it relates.

In witness whereof the undersigned, being duly authorised thereto, have signed this Agreement.

Done at Paris, this 11th day of December 1953, in the English and French languages, both texts being equally authoritative, in a single copy which shall remain in the archives of the Council of Europe and of which the Secretary General shall send certified copies to each of the signatories and to the Director General of the International Labour Office.

Annexes

Annex I

Social security schemes to which the Agreement applies

Belgium

Laws and regulations relating to :

a.

The income guaranteed to aged persons.

b.

Retirement and survivors' pensions : schemes for employed persons and for self-employed persons.

c.

Sickness and invalidity insurance : schemes for employed persons and for self-employed persons.

d.

Allowances for handicapped persons.

The schemes listed under a. and d. are of a non-contributory nature, the others being contributory.

Cyprus

Social Insurance Law and the Regulations made thereunder which establish a scheme providing benefits in respect of old-age, invalidity and benefits payable to survivors (widow's pension and orphan's benefit).

The scheme is of a contributory nature.

Czech Republic

Schemes regulated by the Social Insurance Act related to :

a.

old-age pensions.

b.

invalidity pensions.

c.

survival pension (widow, widower and orphan pension).

All the above are contributory schemes.

Denmark

Laws and regulations relating to :

a.

Old-age pensions.

b.

Invalidity pensions.

c.

Widow's pensions (to be abolished with effect from 1 January 1984).

d.

The Labour Market Supplementary Pension.

All these schemes are of a non-contributory nature, with the exception of the Labour Market Supplementary Pension which implies contributions from the employers and the employees.

Estonia

Laws and regulations relating to:

a.

Old age pensions;

b.

National pensions;

c.

Invalidity pensions;

d.

Survivors pensions;

e.

Social tax.

The schemes listed under a, c and d are contributory social security schemes. The scheme mentioned under b. is non-contributory.

France

Laws and regulations relating to :

a.

The organisation of social security.

b.

General provisions governing the social insurance system applicable to insured persons in non-agriculture employment.

c.

Social insurance provisions applicable to employed persons, and persons treated as employed persons, in agricultural employment.

d.

Allowances granted to aged employees.

e.

Allowances granted to aged persons other than employees.

f.

Special social security schemes.

g.

Laws on special allowances.

h.

Allowances for compensation to the blind and to seriously disabled workers.

i.

The additional benefit paid by the Fonds national de Solidarité.

j.

Law No. 65/555 of 10 July 1965, published in the Official Gazette of the French Republic on 11 July 1965, extending to all persons of French nationality working elsewhere than on French territory (whether employees or not) the option of joining the voluntary insurance scheme.

k.

Law No. 76-1287 of 31 December 1976, published in the Official Gazette of the French Republic on 1 January 1977, relating to the situation with regard to the social security of French workers seconded or expatriated abroad.

l.

Law No. 80-471 of 27 June 1980, published in the Official Gazette of the French Republic of 28 June 1980, extending the social protection of French nationals abroad.

m.

Law No. 84-604 of 13 July 1984, published in the Official Gazette of the French Republic of 14 July 1984, adopting various measures relating to the improvement of the social protection of French nationals abroad.

The schemes listed under a., b., c. and f. above are of a contributory nature.

The schemes listed under d., g., h. and i. are non-contributory.

The laws relating to e. provide, first, for a permanent scheme of a contributory nature, and, secondly, for a temporary scheme of a non-contributory nature applied to persons who do not fulfil the conditions governing payment of contributions prescribed under the contributory scheme.

Germany

Laws and regulations relating to :

a.

Pension insurance for manual workers.

b.

Pension insurance for salaried employees and artisans.

c.

Pension insurance for miners.

All these schemes are of a contributory nature.

Greece

Laws and regulations relating to :

a.

Social insurance.

b.

Special pension schemes for certain categories of workers, including certain liberal professions (lawyers, doctors, civil engineers, etc.).

These schemes are of a contributory nature.

a.

The system of family allowances applicable to employed persons (Legislative Decree No. 3868/1959 and Regulations).

b.

Social Insurance for agricultural workers (Law 4169/1961, Legislative Decrees and Regulations).

Iceland

Laws and regulations relating to :

a.

Old-age pensions.

b.

Invalidity pensions.

c.
(i)

Children's annuities.

(ii)

Widows' annuities.

For the purpose of this Agreement, these schemes are accepted as non-contributory.

Ireland

Laws and regulations relating to :

a.

Non-contributory Old Age and Blind Persons' Pensions.

b.

Contributory Old Age, Retirement and Invalidity Pensions.

c.

Widows' and Orphans' pensions, contributory and non-contributory.

d.

Disabled persons' (maintenance) allowances.

The scheme listed under d. above is non-contributory.

Italy

Laws and regulations relating to :

a.

General compulsory insurance in case of invalidity, old age and death.

b.

Special compulsory insurance schemes for certain categories of employees.

These schemes are of a contributory nature.

Latvia

Laws and regulations relating to:

a.

State social insurance;

b.

State pensions;

c.

Social assistance concerning State social provision allowances.

Lithuania

Lithuanian laws and regulations relating to:

a.

old-age pensions;

b.

invalidity pensions;

c.

widows and orphans (survivors) pensions;

d.

social pensions.

All these schemes, except paragraph d., are contributory.

Luxembourg

Laws and regulations relating to :

a.

Pensions insurance for wage earners.

b.

Pensions insurance for salaried employees in private employment (including intellectual self-employed persons).

c.

Supplementary insurance for wage earners in mining and metal working, technicians employed in underground mines and professional drivers.

d.

Pensions insurance for artisans and for self-employed persons in commerce and industry.

e.

Pensions insurance for agricultural cultivators.

The schemes are all contributory except the provisional pensions for artisans.

Netherlands

Laws and regulations relating to :

a.

Insurance in case of incapacity for work.

b.

General insurance in case of incapacity for work.

c.

General old-age insurance.

d.

Pension scheme for minors.

e.

General insurance for widows and orphans.

The schemes mentioned under a., b., d. and e. are contributory. The legislation mentioned under c. introduces a permanent contributory scheme and a transitional non-contributory scheme for persons no longer entitled to normal benefit by reason of their advanced age at the time when this legislation came into force.

Norway

Laws and regulations relating to :

a.

Old-age, invalidity and survivors pensions under the National Insurnce Act of 17 June 1966.

b.

Special Supplement to benefits from the National Insurance Scheme under the Act of 19 June 1969.

c.

Compensation Supplement to benefits from the National Insurance Scheme under the Act of 19 December 1969.

d.

Pension insurance for seamen under the Act of 3 December 1948.

e.

Pension insurance for forestry workers under the Act of 3 December 1951.

f.

Pension insurance for fishermen under the Act of 28 June 1957.

The schemes listed under a. are non-contributory as far as the basic pension is concerned and contributory as far as the supplementary pension is concerned. The schemes listed under b. and c. are non-contributory while the schemes listed under d., e. and f. are contributory.

Portugal

Laws and regulations on :

a.

benefits in respect of invalidity and old age;

b.

benefits in respect of death (survivors);

c.

special schemes for specific ranks of workers, insofar as they relate to the benefits mentioned in the sub-paragraphs here-above.

All these schemes are contributory.

Spain

Laws and regulations relating to :

a.

Old-age benefits (pension).

b.

Invalidity benefits.

c.

Survivors' benefits from the general scheme and the special schemes of Social Security.

These schemes are of a contributory nature.

Sweden

Laws and regulations relating to :

National Basic Pensions under the National Insurance Act of 25 May 1962 (No. 381) which came into force on 1 January 1963.

This scheme is non-contributory.

Turkey

a.

The Social Insurance legislation in force applying to employed persons, excluding agricultural workers other than those employed in forestry works and those employed on wages in the public or private agricultural works and those employed in such works which are related to agricultural crafts or carried out at agricultural work places without being considered as agricultural works and those employed in parks, gardens or plant nurseries or in similar works at such work places which are not considered as agricultural work places :

(i)

Invalidity insurance

(ii)

Old-age insurance

(iii)

Survivors' insurance.

b.

The legislation pertaining to the special regime applying to the Social Insurance Funds which have been taken into the scope of the social insurance system and which, as a minimum requirement, are charged with the application of the above legislation.

c.

The Social Insurance legislation applied to small businessmen and artisans and other self-employed persons :

(i)

Invalidity insurance

(ii)

Old-age insurance

(iii)

Survivors' insurance.

The above schemes are contributory.

United Kingdom

Laws and regulations concerning Great Britain, Northern Ireland and the Isle of Man :

a.

Establishing insurance schemes in respect of sickness, widowhood, orphanhood and old age.

b.

Relating to supplementary pensions and non-contributory invalidity pensions.

The schemes mentioned under a. are contributory. The schemes mentioned under b. are non-contributory.

Annex II

Bilateral and Multilateral Agreements to which the Agreement applies

Belgium

a.

Convention between Belgium and the Netherlands in respect of the application of the legislation of the two countries as regards social insurance, dated 29 August 1947.

b.

General Convention between Belgium and France on social security, dated 17 January 1948.

c.

General Convention between Belgium and Italy on social security, dated 30 April 1948.

d.

General Convention between Belgium and the Grand Duchy of Luxembourg on social security, dated 3 December 1949.

e.

Multilateral Convention on social security concluded by the Brussels Treaty Powers on 7 November 1949.

f.

Agreement on the social security of Rhine boatmen, dated 27 July 1950, revised on 13 February 1961.

g.

Convention between Belgium, France and Italy on social security, dated 19 January 1951.

h.

Convention on social security between His Majesty the King of the Belgians and Her Majesty the Queen of the United Kingdom of Great Britian and Northern Ireland and of Her other Realms and Territories, Head of the Commonwealth, signed at Brussels on 20 May 1957.

i.
(i)

General Convention on social security between the Kingdom of Belgium and the Federal Republic of Germany, Supplementary Agreements and Final Protocol, signed at Bonn on 7 December 1957 (entry into force: 9 November 1963, with retroactive effect from 1 January 1959).

(ii)

Supplementary Protocol to the General Convention on social security, to the third Supplementary Agreement and to the Final Protocol, signed at Bonn, on 10 November 1960 (entry into force: 9 November 1963, with retroactive effect from 1 January 1959).

j.

General Convention between Belgium and Greece on social security, signed at Athens on 1 April 1958 (entry into force: 1 January 1961) and revised by the Convention of 27 September 1967.

k.

General Convention on social security between the Kingdom of Belgium and the Republic of Turkey, signed at Brussels on 4 July 1966 (entry into force: 1 May 1968), revised by the Convention of 2 Feburary 1981.

l.

General Convention on social security between the Kingdom of Belgium and the Republic of Portugal, dated 14 September 1970 (entry into force: 1 May 1973).

m.

Convention between Belgium and Spain on social security dated 28 November 1956, revised by the Convention of 1 October 1967.

Cyprus

a.

Agreement on Social Insurance between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Cyprus, dated 6 October 1969.

b.

Agreement on Social Security between the Government of the Republic of Cyprus and the Government of the Hellenic Republic, dated 1 July 1979.

Czech Republic

a.

General Convention on Social Security between the Czechoslovak Republic and the Republic of France signed on 12 October 1948 with Supplementary agreement in revised version of 17 October 1967.

b.

Agreement between the Czech Republic and the Republic of Cyprus on Social Security signed on 19 January 1999 (entry into force: 1 March 2000).

c.

Agreement between the Czech Republic and the Republic of Lithuania on Social Security signed on 27 January 1999 (entry into force: 1 August 2000).

d.

Agreement between the Czech Republic and the Grand-Duchy of Luxembourg on Social Security signed on 17 November 2000 (entry into force: 1 March 2002).

Denmark

a.

General Convention between Denmark and France on social security, dated 30 June 1951.

b.

Convention between Denmark and the Federal Republic of Germany on social security, dated 14 August 1953, with Final Protocol and Supplementary Agreement.

c.

Convention between Denmark, Finland, Iceland, Norway and Sweden on social security, dated 15 September 1955, with Additional Protocol, revised on 5 March 1981, in force as of 1 January 1982.

d.

Convention on social security between Denmark and the United Kingdom of Great Britain and Northern Ireland, dated 27 August 1959.

e.

Convention on social security between Denmark and Turkey, dated 22 January 1976, in force as of 1 February 1978.

Estonia

Agreement on Social Security between the Republic of Estonia and the Republic of Lithuania, signed on 28 May 1996, entered into force on 10 February 1997.

Agreement on Social Security between the Republic of Estonia and the Republic of Latvia, signed on 28 May 1996, entered into force on 29 January 1997.

France

a.

General Convention between France and Belgium on social security, dated 17 January 1948.

b.

General Convention between France and Italy to co-ordinate the application of French social security legislation and of Italian social insurance and family benefits legislation to the nationals of the two countries, dated 31 March 1948.

c.

General Convention between France and the United Kingdom on social security, signed on 10 July 1956.

d.

General Convention between France and the Grand Duchy of Luxembourg on social security, dated 12 November 1949.

e.

General Convention between France and the Netherlands on social security, dated 7 January 1950.

f.

General Convention between France and the Federal Republic of Germany on social security, dated 10 July 1950.

g.

General Convention between France and Denmark on social security, dated 30 June 1951.

h.

Multilateral Convention on social security concluded by the Brussels Treaty Powers on 7 November 1949.

i.

Convention between France, Italy and the Saar to extend and co-ordinate the application to nationals of the three countries of French social security legislation and Italian and Saar legislation on social insurance and family benefits, dated 27 November 1952.

j.

Convention between France, Belgium and Italy to extend and co-ordinate the application to nationals of the three countries of Belgian and French social security legislation and of Italian legislation on social insurance and family benefits, dated 19 January 1951.

k.

General Convention between France and Norway on social security, signed on 30 September 1954 and in force as from 1 July 1956.

l.

General Convention between France and Greece on social security, signed on 19 April 1958 and in force since 1 May 1959.

m.

Agreement concluded in application of Article 21 of the Supplementary Agreement to the General Convention of 12 November 1949 between France and the Grand Duchy of Luxembourg, applicable to miners and equivalent categories.

Germany

a.

General Convention between the Federal Republic of Germany and France on social security, dated 10 July 1950, entered into force on 1 January 1952.

b.

Convention between the Federal Republic of Germany and the Kingdom of the Netherlands on social insurance, dated 29 March 1951, entered into force on 1 November 1952.

c.

Convention between the Federal Republic of Germany and the Republic of Italy on social insurance, dated 5 May 1953, entered into force on 1 April 1954.

d.

Convention between the Federal Republic of Germany and the Kingdom of Denmark on social insurance, dated 14 August 1953, entered into force on 1 November 1954.

e.

Agreement between the Federal Republic of Germany and Great Britain, dated 20 April 1960, relating to social security, entered into force on 1 August 1961.

f.

General Convention on social security between the Federal Republic of Germany and the Kingdom of Belgium, dated 7 December 1957 (including the Supplementary Agreements and the Final Protocol) as well as the Protocol of 10 November 1960 (entered into force on 9 November 1963 with retroactive effect from 1 January 1959).

g.

Revised Agreement of 13 February 1961 on social security for Rhine boatmen, entered into force for the Federal Republic of Germany on 1 February 1970.

h.

Convention between the Federal Republic of Germany and the Kingdom of Greece on social security, dated 25 April 1961, entered into force on 1 November 1966, as amended and completed by the Convention dated 21 March 1967.

i.

Convention between the Federal Republic of Germany and the Republic of Turkey on social security, dated 30 April 1964, entered into force on 1 November 1965.

j.

Agreement between the Federal Republic of Germany and the Republic of Portugal on social security, dated 6 November 1964.

k.

Agreement between the Federal Republic of Germany and the Kingdom of Sweden on social security, dated 27 February 1976.

Greece

a.

General Convention between Greece and France on social security, signed on 19 April 1958.

b.

General Convention between Greece and Belgium on social security, signed on 1 April 1958.

c.

Convention between Greece and the Federal Republic of Germany on social security, signed on 25 April 1961.

Iceland

Convention between Iceland, Denmark, Finland, Norway and Sweden, dated 15 September 1955.

Ireland

a.

Agreement on social security of 29 March 1960 between Ireland and the United Kingdom.

b.

Agreement relating to insurance and workmen's compensation between the Minister for Social Welfare and the Northern Ireland Ministry of Labour and National Insurance of 22 July 1964.

c.

Agreement on social security of 28 February 1966 between Ireland and the United Kingdom.

d.

Agreement on social security of 3 October 1968 between Ireland and the United Kingdom.

e.

Agreement on social security of 14 September 1971 between Ireland and the United Kingdom.

Italy

a.

General Convention between Italy and France to co-ordinate the application of French social security legislation and of Italian social insurance and family benefits legislation to the nationals of the two countries, dated 31 March 1948.

b.

General Convention between Italy and Belgium on social insurance, dated 30 April 1948.

c.

Convention between Belgium, France and Italy to extend and co-ordinate the application of Belgian and French social security legislation and Italian social insurance and family benefits legislation to the nationals of the three countries, dated 19 January 1951.

d.

General Convention between the Republic of Italy and the Grand Duchy of Luxembourg on social security, dated 29 May 1951.

e.

Convention on social insurance between the Republic of Italy and the United Kingdom of Great Britain and Northern Ireland, dated 28 November 1951.

f.

General Convention between the Kingdom of the Netherlands and the Republic of Italy on social insurance, dated 28 October 1952.

g.

Convention between the Republic of Italy and the Federal Republic of Germany on social insurance, dated 5 May 1953.

h.

Convention between the Republic of Italy and the Kingdom of Sweden on social security, dated 25 September 1979.

i.

Convention between the Republic of Italy and the Kingdom of Norway on social security, dated 12 June 1959.

j.

Convention between the Republic of Italy and the United Kingdom of Great Britain and Northern Ireland on social insurance in Italy and in Northern Ireland, dated 29 January 1957.

k.

Convention between Italy, France and the Saar to extend and co-ordinate the application to the nationals of all three countries of French social security legislation and Italian and Saar legislation on social security and family allowances, dated 27 November 1952.

Latvia

a.

Agreement between the Government of the Republic of Latvia and the Government of the Republic of Lithuania on the Co-operation in the Field of Social Insurance signed on 17 December 1993 and entered into force on 31 January 1995.

b.

Agreement between the Government of the Republic of Latvia and the Government of the Republic of Estonia on Co-operation in the Field of Social Security signed on 28 May 1996 and entered into force on 29 January 1997.

Luxembourg

a.

General Convention between the Grand Duchy of Luxembourg and France on social security, dated 12 November 1949.

b.

General Convention between the Grand Duchy of Luxembourg and Belgium on social security, dated 3 December 1949.

c.

General Convention between the Grand Duchy of Luxembourg and the Netherlands on social security, dated 8 July 1950.

d.

Multilateral Convention on social security concluded by the Brussels Treaty Powers on 7 November 1949.

e.

Convention on social security between the United Kingdom and the Grand Duchy of Luxembourg, dated 13 October 1953.

f.

General Convention between the Grand Duchy of Luxembourg and the Italian Republic on social security, dated 29 May 1951.

g.

Convention on social security between the Grand Duchy of Luxembourg and Portugal of 12 February 1965, with the exception of Article 3, paragraph 2 and special Protocol of 12 February 1965, in the wording of the supplementary agreements of 5 June 1972 and 20 May 1977.

Netherlands

a.

Convention between the Netherlands and Belgium with respect to the application of the legislation of the two countries as regards social insurance, dated 29 August 1947, as amended by the Convention of 4 November 1957 revising the Convention of 29 August 1947.

b.

General Convention between the Netherlands and France on social security, dated 7 January 1950.

c.

Convention between the Netherlands and the Grand Duchy of Luxembourg on social security, dated 8 July 1950.

d.

Convention between the Netherlands and the Federal Republic of Germany on social insurance, dated 29 March 1951.

e.

Multilateral Convention on social security concluded by the Brussels Treaty Powers on 7 November 1949.

f.

Agreement on social security for Rhine boatmen, dated 27 July 1950, replaced by the Convention on social security for Rhine boatmen, dated 13 February 1961 (entered into force on 1 February 1970).

g.

General Convention between the Kingdom of the Netherlands and the Italian Republic on social insurance, dated 28 October 1952.

h.

Convention between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland on social security, dated 11 August 1954.

i.

Convention between the Kingdom of the Netherlands and the Republic of Turkey on social security and Protocol of signature, dated 5 April 1966 (entered into force on 1 April 1968), as amended by the Convention of 4 September 1980 revising the Convention of 5 April 1966.

j.

Convention between the Kingdom of the Netherlands and the Kingdom of Greece on social security, dated 13 September 1966 (entered into force on 1 July 1970).

k.

Convention on social security between the Kingdom of the Netherlands and the Republic of Portugal, dated 19 July 1979 (entered into force on 1 January 1981).

l.

Convention on social security between the Kingdom of the Netherlands and the Kingdom of Sweden, dated 2 July 1982 (entered into force on 1 March 1983).

Norway

a.

Convention between Norway and France on social security of 30 September 1954, in force as of 1 July 1956.

b.

Convention between Norway and the United Kingdom of Great Britain and Northern Ireland of 25 July 1957, in force as of 1 April 1958.

c.

Convention between Norway and Italy on social security of 12 June 1959, in force as of 1 February 1962.

d.

Convention between Norway and the Republic of Turkey of 20 July 1978, in force as of 1 June 1981. Administrative Agreement of 30 July 1981.

e.

Convention between Norway and the Republic of Portugal on social security of 5 June 1980, in force as of 1 September 1981. Administrative Agreement of 15 December 1980.

f.

Convention between Norway, Denmark, Finland, Iceland and Sweden on social security of 5 March 1981, in force as of 1 January 1982. Administrative Agreement of 25 October 1982.

g.

Convention between Norway and the Republic of Greece on social security of 12 June 1980, in force as of 1 June 1983. Administrative Agreement of 12 December 1980.

Portugal

a.

General Convention between Portugal and Belgium on social security and Protocol of 14 September 1970.

b.

General Convention between Portugal and France on social security of 29 July 1971 in the wording of the supplementary agreements of 7 February 1977 and 1 October 1979.

c.

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

d.

Convention between Portugal and the Federal Republic of Germany on social security of 6 November 1964, in the amended version of 30 September 1974.

e.

Convention between Portugal and Luxembourg on social security of 12 February 1965, excluding Article 3, paragraph 2, and Special Protocol of 12 February 1965 in the wording of the supplementary agreements of 5 June 1972 and 20 May 1977.

f.

Convention between Portugal and the Netherlands on social security and Final Protocol of 19 July 1979.

g.

Convention between Portugal and Sweden on social security of 25 October 1978.

h.

Convention between Portugal and the United Kingdom of Great Britain and Northern Ireland on social security of 15 November 1978.

i.

Convention between Portugal and Norway on social security and Protocol thereto of 5 June 1980.

j.

Convention on social security between Portugal and Spain, signed on 11 June 1969.

Spain

General Convention between Spain and Belgium on social security, dated 28 November 1956 (entered into force on 1 July 1958).

Convention between the Spanish State and the Federal Republic of Germany on social security, dated 4 December 1973 (entered into force on 1 November 1977).

Convention between Spain and Italy on Social Security, dated 30 October 1971 (entered into force on 1 November 1982).

Convention and Special Attached Protocol between the Spanish government and the government of the Grand Duchy of Luxembourg on social security, dated 8 May 1969 (entered into force on 1 January 1972) and Supplementary Agreement, dated 27 June 1975 (entered into force on 1 June 1977).

Convention between the Spanish State and the Kingdom of the Netherlands on social security, dated 5 February 1974 (entered into force on 1 December 1974)

General Convention between Spain and Portugal on social security, dated 11 June 1969 (entered into force on 1 July 1970).

Convention between Spain and Sweden on social security, dated 4 February 1983 (entered into force on 1 July 1984).

Convention on social security between Spain and the United Kingdom of Great Britain and Northern Ireland, dated l3 September 1974 (entered into force on 1 April 1975).

General Convention on social security between the Spanish State and the French Republic, dated 31 October 1974 and Protocol (entered into force on 1 April 1976).

Sweden

Convention between Sweden, Denmark, Finland, Iceland and Norway on social security, dated 15 September 1955, revised by Agreement of 2 December 1969, with Additional Protocol.

Turkey

a.

Convention on social security between Turkey and the United Kingdom signed on 9 September 1959 and entered into force on 1 June 1961.

b.

Convention on social security between Turkey and the Federal Republic of Germany, signed on 30 April 1964 and entered into force on 1 November 1965.

c.

Convention on social security between Turkey and the Netherlands, signed on 5 April 1966 and entered into force on 1 February 1968.

d.

Convention on social security between Turkey and Belgium, signed on 4 July 1966 and entered into force on 1 May 1968.

e.

Convention on social security between Turkey and France, signed on 20 January 1972 and entered into force on 1 August 1973.

f.

Convention on social security between Turkey and Denmark, signed on 22 January 1976 and entered into force on 1 February 1978.

g.

Convention on social security between Turkey and Sweden, signed on 30 June 1978 and entered into force on 1 May 1981.

h.

Convention on social security between Turkey and Norway, signed on 20 July 1978 and entered into force on 1 June 1981.

United Kingdom

a.

Convention on social security and Protocol concerning benefits in kind between the United Kingdom and Belgium, signed in Brussels on 20 May 1957.

b.

Convention on social security between the United Kingdom and Cyprus, signed in Nicosia on 6 October 1969.

c.

Convention on social security between the United Kingdom and Denmark, signed in London on 27 August 1959.

d.

Convention on social security (with Protocols) between the United Kingdom and France, signed in Paris on 10 July 1956.

e.

Convention on social security between the United Kingdom and the Federal Republic of Germany, signed in Bonn on 20 April 1960.

f.

Agreement on social security between the United Kingdom and the Irish Republic, signed in Dublin on 28 February 1966.

g.

Agreement on social security between the United Kingdom and the Irish Republic, signed in Dublin on 3 October 1968.

h.

Agreement on social security between the United Kingdom and the Irish Republic, signed in London on 14 September 1971.

i.

Convention on social security between the United Kingdom and the Grand Duchy of Luxembourg, signed in London on 13 October 1953.

j.

Convention on social security between the United Kingdom and the Netherlands, signed at The Hague on 11 August 1954.

k.

Convention on social security between the United Kingdom and Norway, signed in London on 25 July 1957.

l.

Convention on social security between the United Kingdom and Portugal, signed in London on 15 November 1978.

m.

Convention on social security between the United Kingdom and Sweden, signed in Stockholm on 9 June 1956.

n.

Convention on social security between the United Kingdom and the Republic of Turkey, signed in Ankara on 9 September 1959.

Annex III

Reservations to the Agreement formulated by the Contracting Parties

The Government of Belgium has formulated the following reservation:

The benefit of guaranteed income instituted by the Belgian Law of 1 April 1969, in favour of aged persons and which is a non-contributory benefit subject to a means test, will only be granted to nationals of Contracting States whose legislation allows the award of equivalent advantages of Belgian nationals.

The Government of Denmark has formulated the following reservation:

The provisions of the Agreement shall not apply to :

-

the Convention on social security between Denmark, Finland, Iceland, Norway and Sweden, revised by the Agreement of 5 March 1981, in force as of 1 January 1982;

-

the Convention on social security between Denmark and Turkey, signed on 22 January 1976, in force as of 1 February 1978.

The Government of France has formulated the following reservations:

a.

The additional non-contributory benefit subject to a means test, provided under the French Act of 30 June 1956 establishing a Fonds national de Solidarité, shall be granted only to nationals of those States whose legislation awards similar benefits to French nationals.

b.

The provisions of the Agreement shall not apply to the Law No. 65/555 of 10 July 1965, published in the Official Gazette of the French Republic of 11 July 1965, extending to all persons of French nationality working elsewhere than on French territory (whether employees or not) the option of joining the voluntary insurance scheme.

c.

The provisions of the Agreement shall not apply to the Arrangement concluded in application of Article 21 of the Supplementary Agreement to the General Convention of 12 November 1949 between France and the Grand Duchy of Luxembourg, applicable to miners and equivalent categories, signed in Paris on 8 September 1970.

d.

The provisions of the Agreement shall not apply to the Law No. 76-1287 of 31 December 1976, published in the Official Gazette of the French Republic on 1 January 1977, relating to the situation with regard to the social security of French workers seconded or expatriated abroad.

e.

The provisions of the Agreement shall not apply to the Law No. 80-471 of 27 June 1980, published in the Official Gazette of the French Republic on 28 June 1980, extending the social protection of French nationals abroad.

f.

The provisions of the Agreement shall not apply to the Law No. 84-604 of 13 July 1984, published in the Official Gazette of the French Republic on 14 July 1984, adopting various measures relating to the improvement of the social protection of French nationals abroad.

The Government of Iceland has formulated the following reservation:

The provisions of the Agreement shall not apply to the Convention between Iceland, Denmark, Finland, Norway and Sweden of 13 September 1961 revising the Convention of 15 September 1955 on Social Security, which is listed in Annex II.

The Government of Italy has formulated the following reservation:

The provisions of the Agreement shall not apply to Act No. 153 of 30 April 1969 (modified and completed), which instituted a social pension in favour of persons without resources. It is a non-contributory benefit, subject to a means condition, the amount of which is determined in relation to income. The financing is entirely borne by the State.

The Government of Norway has formulated the following reservations :

a.

The provisions of the Agreement and Protocol shall not apply to the transitional provisions in paragraph 7-5 of the National Insurance Act of 17 June 1966.

b.

The provisions of the Agreement and Protocol shall not apply to :

-

the Convention between Norway, Denmark, Finland, Iceland and Sweden on social security of 5 March 1981, in force as of 1 January 1982;

-

the Administrative Agreement of 25 October 1982.

c.

The provisions of the Agreement and Protocol shall not apply to :

-

the Convention on social security between Norway and the Republic of Portugal of 5 June 1980, in force as of 1 September 1981;

-

the Administrative Agreement of 15 December 1980.

The Government of Sweden has formulated the following reservations:

a.

The provisions of the Agreement shall not apply to those parts of the General Insurance Act of 25 May 1962 (No. 381) which deal with supplementary pensions.

b.

The provisions of the Agreement shall not apply to the Convention on social security between Sweden, Denmark, Finland, Iceland and Norway, dated 15 September 1955, revised by the Agreement of 2 December 1969.

The Government of the United Kingdom has formulated the following reservation :

The provisions of the Agreement shall not apply to the obsolescent schemes for non-contributory old-age pensions in Great Britain, Northern Ireland and the Isle of Man, it being understood that equivalent benefits are available to the nationals of the contracting countries on the same conditions as to British nationals under the Supplementary Benefit schemes of Great Britain, Northern Ireland and the Isle of Man.

Interpretation of the terms "nationals" and "territory" of the European Interim Agreements on Social Security

Annex IV to the European Convention on Social and Medical Assistance

Interpretation of the terms "nationals" and "territory"

Paragraph 4 of Article 1 of the European Interim Agreements on Social Security (ETS No. 12 and ETS No. 13) and paragraph 1(b) of Article 2 of the Convention on Social and Medical Assistance (ETS No. 14) provide that the terms "nationals" and "territory" of a Contracting Party shall have the meaning assigned to them by such a party in a declaration addressed to the Secretary General of the Council of Europe for communication to other Contracting Parties.

The meanings assigned to these terms by the member Governments of the Council of Europe in the communications which they have addressed to the Secretary General are as follows:

Belgium

Nationals

Persons possessing Belgian nationality.

Territory

Belgian metropolitan territory, excluding the Belgian Congo and Ruanda-Urundi.

Cyprus

Nationals

Persons having at 1 December 1968 acquired or being entitled to acquire, citizenship of the Republic of Cyprus, in accordance with the provisions of Annex D to the Treaty of Establishment, or those who acquire that citizenship in accordance with the Republic's Nationality Act, 1967.

Territory

The territory of the Republic of Cyprus.

Czech Republic

Nationals

Citizens of the Czech Republic.

Territory

The territory of the Czech Republic.

Denmark

Nationals

Persons possessing Danish nationality.

Territory

Denmark itself, not including the Faroe Islands and Greenland.

Nevertheless, consideration may be given later to the question of extending the application of the Agreements to these parts of the Kingdom.

Estonia

Nationals

Estonian nationals.

Territory

Territory under the jurisdiction of the Republic of Estonia.

France

Nationals

All persons of French nationality, all nationals of the French Union, except those of the Association States, and all French protected persons.

Territory

Metropolitan France and its overseas departments (Guadeloupe, French Guiana, Martinique and Réunion).

Federal Republic of Germany

Nationals

All Germans within the meaning of the Basic Law of the Federal Republic of Germany.

Territory

Territory to which the Basic Law of the Federal Republic of Germany applies. The Federal Government reserves the right to notify the Secretary General of the Council of Europe that the application of the Agreements shall be extended to Land Berlin, and this notification shall be binding on the Contracting Parties as from the first day of the month following such notification.

Greece

Nationals

Persons possessing Greek nationality and all holders of a valid Greek passport. Certain Greek nationals do not possess Greek passports owing to the fact that their papers of nationality are not in order or for some other reason. In these doubtful cases it would be advisable for the authorities of the Contracting Parties to consult the Greek diplomat or consular authorities, in accordance with the spirit of Article 15 of the Convention.

Territory

All Greek territory, including the Greek islands, as defined by international treaties at present in force.

Iceland

Nationals

All persons legally enjoying the right of Icelandic citizenship.

Territory

The territory of Iceland including surrounding islands and territorial waters subject to Icelandic jurisdiction.

Ireland

Nationals

Citizens of Ireland.

Territory

That part of the national territory of the whole island of Ireland for the time being under the jurisdiction of the Government of Ireland.

Italy

Nationals

All citizens of the State and all persons to whom the nationality laws of the State have been extended, including all stateless persons residing on the territory of the State.

Territory

The national metropolitan territory.

Latvia

Nationals

-

Citizens of the Republic of Latvia;

-

Non-citizens of the Republic of Latvia who are subjects of the Law on the Status of Former USSR Citizens who are not Citizens of Latvia or any other State.

Territory

All the territory of the Republic of Latvia which is in its jurisdiction in conformity with international law..

Lithuania

Nationals

The physical persons who are citizens of the Republic of Lithuania as defined by the laws of the Republic of Lithuania;

Territory

The territory of the Republic of Lithuania, including the territorial sea and any maritime or submarine area within which the Republic of Lithuania may exercise, in accordance with international law, rights for the purpose of exploration, exploitation and preservation of the sea-bed, sub-soil and natural resources.

Luxembourg

Nationals

Persons of Luxembourg nationality.

Territory

The territory of the Grand Duchy of Luxembourg.

Netherlands

Nationals

Persons of Netherlands nationality.

Territory

The territory of the Kingdom in Europe.

Norway

Nationals

Persons of Norwegian nationality according to the Norwegian Nationality Act of 8th December 1950.

Territory

The Kingdom of Norway, with the exception of Svalbard. The Agreements will not apply to the Svalbard (Spitzbergen) Archipelago, although these territories form a part of the Kingdom, owing to the fact that the Norwegian social security system has not been extended to the said territories.

Portugal

Nationals

Persons of Portuguese nationality.

Territory

The metropolitan territory of Portugal and the archipelagoes of the Azores and Madeira.

Spain

Nationals

Concerning the term "national", the Spanish Constitution (Art. 11.1) provides that "Spanish nationality is acquired, maintained and lost in accordance with the provisions of the law".

"Nationals" or "Spanish" are therefore those persons which the Civil Code considers as such in its Articles 17 to 28, either by their origin or on the grounds expressly laid down by law.

Territory

Concerning the term "territory", reference must be made to the "Spanish territory" or to Spain as mentioned in Article 8 of the Civil Code.

The geographical and juridical determination of the Spanish territory is very complex and is made, not only by means of international treaties with neighbouring States, but also by means of other rules of international law (territorial sea, continental shelf, economic zone, air space, ships, etc.).

Sweden

Nationals

Citizens of Sweden.

Territory

The territory of Sweden.

Turkey

Nationals

Persons possessing Turkish nationality.

Territory

The territory under Turkish sovereignty.

United Kingdom

Nationals

Citizens of the United Kingdom and Colonies.

Territory

England, Wales, Scotland, Northern Ireland and the Isle of Man, but not the Channel Islands or other territories for whose international relations the United Kingdom Government are responsible; nevertheless, consideration may be given later to the question of extending the application of the Agreements to the Channel Islands.