Статья 81. 1. Уведомления или заявления, упомянутые в подпараграфах "b" и "w" статьи 1, параграфе 2 статьи 3, параграфе 5 статьи 6, параграфе 2 статьи 7, параграфе 5 статьи 8, параграфах 3 и 4 статьи 9, параграфе 4 статьи 11 и параграфе 2 статьи 72, адресуются Генеральному секретарю Совета Европы.

2. Генеральный секретарь Совета Европы в течение месяца уведомляет Договаривающиеся Стороны, государства, подписавшие настоящую Конвенцию, и Генерального директора международного бюро труда о:
a) любом подписании и сдаче на хранение любой ратификационной грамоты или документа о принятии или присоединении;
b) любой дате вступления настоящей Конвенции в силу в соответствии с положениями статьи 75 и статьи 77;
c) любом уведомлении о денонсации, полученном в соответствии с положениями параграфа 2 статьи 78 и дате вступления такой денонсации в силу;
d) любом уведомлении или заявлении, полученных в соответствии с положениями параграфа 1 данной статьи.
В удостоверение чего нижеподписавшиеся, должным образом на то уполномоченные, подписали настоящую Конвенцию.
Совершено в Париже 14 декабря 1972 года на английском и французском языках, причем оба текста имеют одинаковую силу, в единственном экземпляре, который сдается на хранение в архив Совета Европы. Генеральный секретарь Совета Европы направляет заверенные копии каждому государству-члену Совета Европы, подписавшему настоящую Конвенцию или присоединившемуся к ней.
(Подписи)


EUROPEAN CONVENTION
ON SOCIAL SECURITY
(Paris, 14.XII.1972)
The member states of the Council of Europe signatory hereto,
Considering that the aim of the Council of Europe is to achieve greater unity between its members, in particular for the purpose of facilitating their social progress;
Considering that multilateral co-ordination of social security legislation is one of the means of achieving that aim;
Considering that the European Code of Social Security, opened for signature on 16 April 1964, provides, in Article 73, that the Contracting Parties to the Code shall endeavour to conclude a special instrument governing questions relating to social security for foreigners and migrants, particularly with regard to equality of treatment with their own nationals and to the maintenance of acquired rights and rights in course of acquisition;
Affirming the principle of equality of treatment for nationals of the Contracting Parties, refugees and stateless persons, under the social security legislation of each Contracting Party, and the principle that the benefits under social security legislation should be maintained despite any change of residence by the protected persons within the territories of the Contracting Parties, principles which underlie not only certain provisions of the European Social Charter but also several conventions of the International Labour Organisation,
Have agreed as follows:
TITLE I. GENERAL PROVISIONS
Article 1
For the purposes of this Convention:
(a) the term "Contracting Party" means any State which has deposited an instrument of ratification, of acceptance or of accession, in accordance with the provisions of Article 75, paragraph 1, or of Article 77;
(b) the terms "territory of a Contracting Party" and "national of a Contracting Party" are defined in Annex I; each Contracting Party shall give notice, in accordance with the provisions of Article 81, paragraph 1, of any amendment to be made to Annex I;
(c) the term "legislation" means any laws, regulations and other statutory instruments which are in force at the time of signature of this Convention or may enter into force subsequently in the whole or any part of the territory of each Contracting Party and which relate to the social security branches and schemes specified in Article 2, paragraphs 1 and 2;
(d) the term "social security convention" means any bilateral or multilateral instrument by which two or more Contracting Parties are, or may subsequently be, bound exclusively, and any multilateral instrument by which at least two Contracting Parties and one or more other States are, or may subsequently be, bound in the field of social security in respect of all or of part of the social security branches and schemes specified in Article 2, paragraphs 1 and 2, as well as any agreements concluded pursuant to the said instruments;
(e) the term "competent authority" means the Minister, Ministers or other corresponding authority responsible for the social security schemes in all or any part of the territory of each Contracting Party;
(f) the term "institution" means the body or authority responsible for applying all or part of the legislation of each Contracting Party;
(g) the term "competent institution" means:
(i) in relation to a social insurance scheme, either the institution with which the person concerned is insured when he claims benefit, or the institution from which he is entitled to receive benefit or would be entitled to receive benefit if he were resident in the territory of the Contracting Party where that institution is situated, or the institution designated by the competent authority of the Contracting Party concerned;
(ii) in relation to a scheme other than a social insurance scheme, or in relation to a family benefits scheme, the institution designated by the competent authority of the Contracting Party concerned;
(iii) in relation to a scheme concerning an employer"s liability in respect of benefits referred to in Article 2, paragraph 1, either the employer or his insurer or, in default thereof, the body or authority designated by the competent authority of the Contracting Party concerned;
(h) the term "competent State" means the Contracting Party in whose territory the competent institution is situated;
(i) the term "residence" means ordinary residence;
(j) the term "temporary residence" means a temporary stay;
(k) the term "institution of the place of residence" means the institution empowered, under the Contracting Party"s legislation which it applies, to pay the benefits in question at the place of residence or, where no such institution exists, the institution designated by the competent authority of the Contracting Party concerned;
(l) the term "institution of the place of temporary residence" means the institution empowered, under the Contracting Party"s legislation which it applies, to pay the benefits in question at the place of temporary residence or, where no such institution exists, the institution designated by the competent authority of the Contracting Party concerned;
(m) the term "worker" means an employed person or a self-employed person or a person treated as such under the legislation of the Contracting Party concerned, unless otherwise specified in this Convention;
(n) the term "frontier worker" means an employed person who is employed in the territory of one Contracting Party and resides in the territory of another Contracting Party where he returns in principle every day or at least once a week; provided that
(i) as regards relations between France and the Contracting Parties bordering France, the person concerned must, to be deemed a frontier worker, reside and be employed within a zone which does not, in principle, extend more than twenty kilometres on either side of the common frontier;
(ii) a frontier worker employed in the territory of one Contracting Party by an undertaking which is his normal employer, who is sent by that undertaking to work outside the frontier area, either in the territory of the same Contracting Party or in the territory of another Contracting Party, for a period not expected to exceed four months, shall retain the status of frontier worker during such employment for a period not exceeding four months;
(o) the term "refugee" has the meaning assigned to it in Article 1, Section A, of the Convention on the Status of Refugees, signed at Geneva on 28 July 1951, and in Article 1, paragraph 2, of the Protocol on the Status of Refugees of 31 January 1967, without any geographical limitation;
(p) the term "stateless person" has the meaning assigned to it in Article 1 of the Convention on the Status of Stateless Persons, done at New York on 28 September 1954;
(q) the term "members of the family" means the persons defined, or recognised as such, or designated as members of the household, by the legislation applied by the institution responsible for paying benefits, or, in the cases referred to in Article 21, paragraph 1, sub-paragraphs a and c and Article 24, paragraph 6, by the legislation of the Contracting Party in whose territory they reside; where, however, this legislation regards only persons living with the person concerned as members of the family or members of the household, this condition shall be deemed to be satisfied if such persons are mainly maintained by the person concerned;
(r) the term "survivors" means the persons defined or recognised as such by the legislation under which the benefits are granted; where, however, this legislation regards as survivors only persons who were living with the deceased, this condition shall be deemed to be satisfied, if the persons concerned were mainly maintained by the deceased;
(s) the term "periods of insurance" means periods of contributions, employment, occupational activity or residence as defined or recognised as periods of insurance by the legislation under which they were completed, and any other periods, in so far as they are regarded by this legislation as equivalent to periods of insurance;
(t) the terms "periods of employment" and "periods of occupational activity" mean periods defined or recognised as such by the legislation under which they were completed, and any other periods, in so far as they are regarded by this legislation as equivalent to periods of employment or occupational activity;
(u) the term "periods of residence" means periods of residence as defined or recognised as such by the legislation under which they were completed;
(v) the terms "benefits" and "pensions" mean all benefits or pensions including all components thereof provided out of public funds and all increases, revaluation allowances or supplementary allowances, unless otherwise specified in this Convention, and any benefits awarded for the purpose of maintaining or improving earning capacity, such lump sum benefits as are payable in lieu of pensions and, where applicable, any payments made by way of refund of contributions;
(w) the term "family allowances" means periodical cash benefits granted according to the number and age of children; the expression "family benefits" means any benefits in kind or in cash granted to offset family maintenance costs, except the special birth grants explicitly excluded in Annex II; each Contracting Party concerned shall give notice in accordance with the provisions of Article 81, paragraph 1, of any amendment to be made to Annex II in respect of any special birth grants provided by its legislation;
(x) the term "death grant" means any lump sum payable in the event of death, other than the lump sum benefits mentioned in sub-paragraph v of this article;
(y) the term "contributory" applies to benefits, the award of which depends either on direct financial participation by the persons protected or by their employer, or on a qualifying period of occupational activity, and to legislation or schemes which provide for such benefits; benefits, the award of which does not depend on direct financial participation by the persons protected or by their employer, or on a qualifying period of occupational activity, and the legislation or schemes under which they are exclusively awarded, are said to be "non-contributory";
(z) the term "benefits granted under transitional arrangements" means benefits granted to persons who are over a given age on the date of entry into force of the legislation applicable, or benefits granted provisionally in consideration of events that have occurred or periods that have been completed outside the current frontiers of the territory of a Contracting Party.
Article 2
1. This Convention applies to all legislation governing the following branches of social security:
(a) sickness and maternity benefits;
(b) invalidity benefits;
(c) old-age benefits;
(d) survivors" benefits;
(e) benefits in respect of occupational injuries and diseases;
(f) death grants;
(g) unemployment benefits;
(h) family benefits.
2. This Convention applies to all general social security schemes and special schemes, whether contributory or non-contributory, including employers" liability schemes in respect of the benefits referred to in the preceding paragraph. Bilateral or multilateral agreements between two or more Contracting Parties shall determine, as far as possible, the conditions in which this Convention shall apply to schemes established by means of collective agreements made compulsory by decision of the public authorities.
3. Where schemes relating to seafarers are concerned, the provisions of Title III of this Convention shall apply without prejudice to the legislation of any Contracting Party governing the liabilities of ship-owners, who shall be treated as the employers for the purposes of the application of this Convention.
4. This Convention does not apply to social or medical assistance schemes, to benefit schemes for victims of war or its consequences, or to special schemes for civil servants or persons treated as such.
5. This Convention does not apply to legislation designed to give effect to a social security convention concluded between a Contracting Party and one or more other States.
Article 3
1. Annex II specifies, in respect of each Contracting Party, the legislation and schemes referred to in Article 2, paragraphs 1 and 2.
2. Each Contracting Party shall give notice, in accordance with the provisions of Article 81, paragraph 1, of any amendment to be made to Annex II as a result of the adoption of new legislation. Such notice shall be given within three months from the date of publication of such legislation or, in the case of legislation published before the date of ratification of this Convention, on the date of ratification.
Article 4
1. The provisions of this Convention shall be applicable:
(a) to persons who are or have been subject to the legislation of one or more of the Contracting Parties and are nationals of a Contracting Party, or are refugees or stateless persons resident in the territory of a Contracting Party, as well as to the members of their families and their survivors;
(b) to the survivors of persons who were subject to the legislation of one or more of the Contracting Parties, irrespective of the nationality of such persons, where these survivors are nationals of a Contracting Party, or refugees or stateless persons resident in the territory of a Contracting Party;
(c) without prejudice to Article 2, paragraph 4, to civil servants and persons treated as such under the legislation of the Contracting Party concerned, in so far as they are subject to any legislation of that Contracting Party to which this Convention applies.
2. Notwithstanding the provisions of sub-paragraph (c) of the preceding paragraph, the categories of persons - other than members of the service staff of diplomatic missions or consular posts and persons employed in the private service of officials of such missions or posts - in respect of whom the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations provide for exemption from the social security provisions which are in force in the receiving State, shall not benefit from the provisions of this Convention.
Article 5
1. Subject to the provisions of Article 6, this Convention replaces, in respect of persons to whom it is applicable, any social security conventions binding:
(a) two or more Contracting Parties exclusively; or
(b) at least two Contracting Parties and one or more other States in respect of cases calling for no action on the part of an institution of one of the latter States.
2. However, where the application of certain provisions of this Convention is subject to the conclusion of bilateral or multilateral agreements, the provisions of the conventions referred to in sub-paragraphs (a) and (b) of the preceding paragraph shall remain applicable until the entry into force of such agreements.
Article 6
1. The provisions of this Convention shall not affect obligations under any convention adopted by the International Labour Conference.
2. This Convention shall not affect the provisions on social security in the Treaty of 25 March 1957 establishing the European Economic Community nor the association agreements envisaged under that Treaty nor the measures taken in application of those provisions.
3. Notwithstanding the provisions of Article 5, paragraph 1, two or more Contracting Parties may keep in force, by mutual agreement and in respect of themselves, the provisions of social security conventions by which they are bound by specifying them in Annex III or, in the case of provisions relating to the application of these conventions, by specifying them in an annex to the Supplementary Agreement for the application of this Convention.
4. However, this Convention shall apply in all cases requiring action on the part of an institution of a Contracting Party other than those which are bound by the provisions referred to in paragraph 2 or in paragraph 3 of this article as well as in the case of persons who are entitled to benefits under this Convention and to whom the said provisions are not exclusively applicable.
5. Two or more Contracting Parties which are bound by the provisions specified in Annex III may, by mutual agreement and in respect of themselves, make appropriate amendments to this annex by giving notice thereof in accordance with the provisions of Article 81, paragraph 1.
Article 7
1. Two or more Contracting Parties may, if need be, conclude with each other social security conventions founded on the principles of this Convention.
2. Each Contracting Party shall give notice, in accordance with the provisions of Article 81, paragraph 1, of any convention which it concludes by virtue of the preceding paragraph, and of any subsequent amendment or denunciation of such a convention. Such notice shall be given within three months from the date of entry into force of that convention or its amendment, or from the date on which its denunciation takes effect.
Article 8
1. Unless otherwise specified in this Convention, persons who are resident in the territory of a Contracting Party and to whom the Convention is applicable shall have the same rights and obligations under the legislation of every Contracting Party as the nationals of such Party.
2. However, entitlement to non-contributory benefits, the amount of which does not depend on the length of the periods of residence completed, may be made conditional on the beneficiary having resided in the territory of the Contracting Party concerned or, in the case of survivors" benefits, on the deceased having resided there for a period which may not be set:
(a) at more than six months immediately preceding the lodging of the claim, for maternity benefits and unemployment benefits;
(b) at more than five consecutive years immediately preceding the lodging of the claim, for invalidity benefits, or immediately preceding death, for survivors" benefits;
(c) at more than ten years between the age of sixteen and the pensionable age, of which it may be required that five years shall immediately precede the lodging of the claim, for old-age benefits.
3. If a person does not fulfil the conditions laid down in sub-paragraph (b) or sub-paragraph (c) of the preceding paragraph, but has been subject - or, in the case of survivors" benefits, if the deceased has been subject - to the legislation of the Contracting Party concerned for at least one year, that person or the survivors of the deceased shall nevertheless, without prejudice to the provisions of Article 27, be entitled to benefits calculated on the basis of the full benefit and up to an amount not exceeding it:
(a) in the case of invalidity or death benefits, in proportion to the ratio of the number of years of residence completed by the person concerned or the deceased under the said legislation between the date on which he reached the age of sixteen and the date of his incapacity for work followed by invalidity or death, to two-thirds of the number of years separating those two dates, disregarding any years subsequent to pensionable age;
(b) in the case of old-age pension, in proportion to the ratio of the number of years of residence completed by the person concerned under the said legislation between the date on which he reached the age of sixteen and the pensionable age, to thirty years.
4. Annex IV specifies, for each Contracting Party concerned, the benefits provided under its legislation to which the provisions of paragraph 2 or paragraph 3 of this article are applicable.
5. Each Contracting Party concerned shall give notice, in accordance with the provisions of Article 81, paragraph 1, of any amendment to be made to Annex IV. If such an amendment results from the adoption of new legislation, such notice shall be given within three months from the date of publication of that legislation or, in the case of legislation published before the date of ratification of this Convention, on the date of ratification.
6. The provisions of paragraph 1 of this article shall not affect the legislation of any Contracting Party in so far as it concerns participation in social security administration or membership of social security tribunals.
7. Special measures may be adopted concerning the participation in voluntary insurance or optional continued insurance of persons not resident in the territory of the Contracting Party concerned, or the entitlement to benefits under the transitional arrangements specified in Annex VII.
Article 9
1. The benefit of the provisions of social security conventions which remain in force by virtue of Article 6, paragraph 3, and the provisions of social security conventions concluded by virtue of Article 7, paragraph 1, may be extended, by agreement between the Parties bound thereby, to nationals of every Contracting Party.
2. Annex V specifies the provisions of social security conventions which remain in force by virtue of Article 6, paragraph 3, and whose application is to be extended, in accordance with paragraph 1 of the present article, to nationals of every Contracting Party.
3. The Contracting Parties concerned shall give notice, in accordance with the provisions of Article 81, paragraph 1, of the provisions of the social security conventions concluded by them by virtue of Article 7, paragraph 1, whose application is extended, in accordance with paragraph 1 of the present article, to nationals of every Contracting Party. The provisions of the said conventions shall be indicated in Annex V.
4. Two or more Contracting Parties which are bound by the provisions specified in Annex V may, by mutual agreement and in respect of themselves, make appropriate amendments to this annex by giving notice thereof in accordance with the provisions of Article 81, paragraph 1.
Article 10
If the legislation of a Contracting Party makes admission to voluntary insurance or optional continued insurance conditional upon the completion of periods of insurance, the institution applying that legislation shall to that end, for the purpose of adding periods together, take account, to the extent necessary, of periods of insurance completed under the legislation of any other Contracting Party and, where appropriate, of periods of residence completed after the age of sixteen under the non-contributory scheme of any other Contracting Party, as if they had been periods of insurance completed under the legislation of the first Party.
Article 11
1. Unless otherwise specified in this Convention, neither invalidity cash benefits, old-age or survivors" cash benefits, pensions in respect of occupational injuries or diseases, nor death grants, payable under the legislation of one or more Contracting Parties, shall be liable to reduction, modification, suspension, suppression or forfeiture by reason of the fact that the beneficiary is resident in the territory of a Contracting Party other than that in which the institution liable for payment is situated.
2. However, notwithstanding the provisions of Article 8, paragraphs 1 and 2, the invalidity, old-age or survivors" benefits specified in Annex IV shall be calculated in accordance with the provisions of sub-paragraph (a) or sub-paragraph (b) of paragraph 3 of the said Article 8, as the case may be, if the beneficiary is resident in the territory of a Contracting Party other than that in which the institution liable for payment is situated.
3. The provisions of paragraphs 1 and 2 of the present article shall not apply to the following benefits, in so far as they are specified in Annex VI:
(a) special non-contributory benefits granted to invalids who are unable to earn a living;
(b) special non-contributory benefits granted to persons not entitled to normal benefits;
(c) benefits granted under transitional arrangements;
(d) special benefits granted as assistance or in case of need.
4. Each Contracting Party concerned shall give notice, in accordance with the provisions of Article 81, paragraph 1, of any amendment to be made to Annex VI. If such an amendment results from the adoption of new legislation, such notice shall be given within three months from the date of publication of that legislation or, in the case of legislation published before the date of ratification of this Convention, on the date of ratification.
5. Where the legislation of a Contracting Party makes the repayment of contributions conditional upon the person concerned having ceased to be subject to compulsory insurance, that condition shall not be regarded as fulfilled so long as that person is subject to compulsory insurance under the legislation of any other Contracting Party.
6. The Contracting Parties shall determine by means of bilateral or multilateral agreements the conditions of payment of benefits referred to in paragraph 1 of the present article due to persons enjoying rights under this Convention who are resident in the territory of a State which is not a Contracting Party.
Article 12
The rules governing changes in rates of benefits laid down in the legislation of a Contracting Party shall be applicable to benefits payable under such legislation in accordance with the provisions of this Convention.
Article 13
1. Except for benefits in respect of invalidity, old age, survivors or occupational disease which are paid by the institutions of two or more Contracting Parties in accordance with the provisions of Article 29 or of Article 47, sub-paragraph (b), this Convention shall not confer or maintain entitlement to several benefits of the same nature or to several benefits relating to one and the same period of compulsory insurance.
2. Provisions in the legislation of a Contracting Party for the reduction, suspension or suppression of benefits where there is overlapping with other benefits or other income, or because of an occupational activity, shall apply also to a beneficiary in respect of benefits acquired under the legislation of another Contracting Party or in respect of income obtained, or occupation followed, in the territory of another Contracting Party. This rule shall not, however, apply to benefits of the same nature payable in respect of invalidity, old age, survivors or occupational disease by the institutions of two or more Contracting Parties in accordance with the provisions of Article 29 or of Article 47, sub-paragraph (b).
TITLE II. PROVISIONS WHICH DETERMINE
THE LEGISLATION APPLICABLE
Article 14
In respect of persons coming within the scope of this Convention, the legislation applicable shall be determined in accordance with the following provisions:
(a) employed persons who are employed in the territory of a Contracting Party shall be subject to the legislation of that Party, even if they are resident in the territory of another Contracting Party or if the undertaking which employs them has its principal place of business, or their employer has his place of residence, in the territory of another Contracting Party;
(b) workers who follow their occupation on board a ship flying the flag of a Contracting Party shall be subject to the legislation of that Party;
(c) self-employed persons who follow their occupation in the territory of a Contracting Party shall be subject to the legislation of that Party, even if they reside in the territory of another Contracting Party;
(d) civil servants and persons treated as such shall be subject to the legislation of the Contracting Party in whose administration they are employed.
Article 15
1. The rule stated in Article 14, sub-paragraph (a), shall apply subject to the following exceptions or modifications:
(a) (i) employed persons who are employed in the territory of a Contracting Party by an undertaking which is their regular employer and who are sent by that undertaking to work for it in the territory of another Contracting Party shall remain subject to the legislation of the first Party provided that the expected duration of the work does not exceed twelve months and that they are not sent to replace other employed persons who have completed their period of employment abroad;
(ii) if the work to be carried out continues because of unforeseeable circumstances for a period longer than originally intended and exceeding twelve months, the legislation of the first Party shall remain applicable until the work is completed, subject to the consent of the competent authority of the second Party or of the body designated by it;
(b) (i) employed persons who are employed in international transport in the territory of two or more Contracting Parties as travelling personnel in the service of an undertaking which has its principal place of business in the territory of a Contracting Party and which, on behalf of others or on its own account, transports passengers or goods by rail, road, air or inland waterway, shall be subject to the legislation of the latter Party;
(ii) however, if they are employed by a branch or permanent agency which the said undertaking has in the territory of a Contracting Party other than the Party in whose territory it has its principal place of business, they shall be subject to the legislation of the Contracting Party in whose territory the branch or permanent agency is situated;
(iii) if they are employed wholly or mainly in the territory of the Contracting Party where they are resident, they shall be subject to the legislation of that Party, even if the undertaking which employs them has neither its principal place of business nor a branch or permanent agency in that territory;
(c) (i) employed persons other than those in international transport who normally follow their occupation in the territory of two or more Contracting Parties shall be subject to the legislation of the Contracting Party in whose territory they reside if their occupation is carried on partly in that territory or if they are employed by several undertakings or by several employers having their principal places of business or their places of residence in the territory of different Contracting Parties;
(ii) in other cases, they shall be subject to the legislation of the Contracting Party in whose territory the undertaking which employs them has its principal place of business or their employer has his place of residence;
(d) employed persons who are employed in the territory of a Contracting Party by an undertaking which has its principal place of business in the territory of another Contracting Party and lies astride the common frontier of the Contracting Parties concerned shall be subject to the legislation of the Contracting Party in whose territory the undertaking has its principal place of business.
2. The rule stated in Article 14, sub-paragraph (b), shall apply subject to the following exceptions:
(a) employed persons who are employed by an undertaking which is their regular employer, either in the territory of a Contracting Party or on board a ship flying the flag of a Contracting Party, and who are sent by that undertaking to work for it on board a ship flying the flag of another Contracting Party, shall remain subject to the legislation of the first Party, subject to the conditions laid down in paragraph 1, sub-paragraph a, of the present Article;
(b) workers who normally follow their occupation in the territorial waters or in a port of a Contracting Party on board a ship flying the flag of another Contracting Party but who are not members of the ship"s crew, shall be subject to the legislation of the first Party; and
(c) employed persons who are employed on board a ship flying the flag of a Contracting Party and who are paid in respect of this occupation by an undertaking having its principal place of business, or by a person having his place of residence, in the territory of another Contracting Party, shall be subject to the legislation of the latter Party if they reside in its territory; the undertaking or person paying the remuneration shall be considered as the employer for the purpose of the application of the said legislation.
3. The rule stated in Article 14, sub-paragraph (c), shall apply subject to the following exceptions or modifications:
(a) self-employed persons who reside in the territory of one Contracting Party and follow their occupation in the territory of another Contracting Party shall be subject to the legislation of the first Party:
(i) if the second Party has no legislation applicable to them, or
(ii) if, under the legislation of the two Parties concerned, self-employed persons are subject to such legislation solely by reason of the fact that they are resident in the territory of those Parties;
(b) self-employed persons who normally follow their occupation in the territory of two or more Contracting Parties shall be subject to the legislation of the Contracting Party in whose territory they are resident, if they work partly in that territory or if, under that legislation, they are subject to it solely by reason of the fact that they are resident in the territory of that Party;
(c) where the self-employed persons referred to in the preceding sub-paragraph do not follow a part of their occupation in the territory of the Contracting Party where they are resident, or where, under the legislation of that Party, they are not subject to that legislation solely by reason of the fact that they are resident, or where that Party has no legislation applicable to them, they shall be subject to the legislation jointly agreed upon by the Contracting Parties concerned or by their competent authorities.
4. Where by virtue of the preceding paragraphs of this article, a worker is subject to the legislation of a Contracting Party in whose territory he does not work, that legislation shall be applicable to him as if he worked in the territory of that Party.
Article 16
1. The provisions of Articles 14 and 15 shall not apply to voluntary insurance or optional continued insurance.
2. Where the application of the legislation of two or more Contracting Parties would result in affiliation to a compulsory insurance scheme and at the same time permit membership of one or more voluntary insurance or optional continued insurance schemes, the person concerned shall be subject exclusively to the compulsory insurance scheme. However, in respect of invalidity, old age and death pensions, this Convention shall not affect the provisions of legislation of any Contracting Party permitting simultaneous affiliation to a voluntary insurance or optional continued insurance scheme and to a compulsory insurance scheme.
3. Where the application of the legislation of two or more Contracting Parties would result in the possibility of membership of two or more voluntary insurance or optional continued insurance schemes, the person concerned shall be admitted solely to the voluntary insurance or optional continued insurance scheme of the Contracting Party in whose territory he is resident or, if he is not resident in the territory of one of these Contracting Parties, to the scheme of that Contracting Party for whose legislation he has opted.
Article 17
1. The provisions of Article 14, sub-paragraph (a), shall apply to members of the service staff of diplomatic missions or consular posts, and also to persons employed in the private service of officials of such missions or posts.
2. However, workers referred to in the preceding paragraph, who are nationals of a Contracting Party which is the sending State, may opt for the application of the legislation of that Party. Such right of option may be exercised only once, within the three months following the entry into force of this Convention or on the date on which the person concerned is engaged by the diplomatic mission or consular post or enters the private service of an official of that mission or that post, as the case may be. The option shall take effect on the date on which it is exercised.
Article 18
1. The competent authorities of two or more Contracting Parties may, by agreement, provide for exceptions to the provisions of Articles 14 to 17 in the interests of persons affected thereby.
2. The application of the provisions of the preceding paragraph shall, if need be, be subject to a request by the workers concerned and, where appropriate, by their employers. Moreover, such application shall be the subject of a decision by which the competent authority of the Contracting Party whose legislation is applicable confirms that the said workers are no longer subject to the aforesaid legislation and will henceforth be subject to the legislation of another Contracting Party.
TITLE III. SPECIAL PROVISIONS GOVERNING THE VARIOUS
CATEGORIES OF BENEFITS
Chapter 1
SICKNESS AND MATERNITY
Article 19
1. Where the legislation of a Contracting Party makes the acquisition, maintenance or recovery of the entitlement to benefits conditional upon the completion of periods of insurance, the competent institution of that Party shall, to that end, for the purpose of adding periods together, take account, to the extent necessary, of periods of insurance completed under the legislation of any other Contracting Party and, where appropriate, of periods of residence completed after the age of sixteen under non-contributory schemes of any other Contracting Party, as if they were periods of insurance completed under the legislation of the first Party.
2. Where the legislation of a Contracting Party makes admission to compulsory insurance conditional upon the completion of periods of insurance, periods of insurance completed under the legislation of any other Contracting Party and, where appropriate, periods of residence completed after the age of sixteen under the non-contributory schemes of any other Contracting Party shall, to that end, for the purpose of adding periods together, be taken into account, to the extent necessary, as if they were periods of insurance completed under the legislation of the first Party.
Article 20
1. Persons who reside in the territory of a Contracting Party other than the competent State and who satisfy the conditions for entitlement prescribed by the legislation of the latter State, regard being had, where appropriate, to the provisions of Article 19, shall receive in the territory of the Contracting Party in which they are resident:
(a) benefits in kind, provided at the expense of the competent institution by the institution of the place of residence in accordance with the provisions of the legislation which the latter institution applies, as if these persons were affiliated to it;
(b) cash benefits, paid by the competent institution in accordance with the provisions of the legislation which it applies, as if these persons were resident in the territory of the competent State. However, by agreement between the competent institution and the institution of the place of residence, cash benefits may also be paid through the latter institution, on behalf of the competent institution.
2. The provisions of the preceding paragraph shall apply, mutatis mutandis, in respect of benefits in kind to members of the family who are resident in the territory of a Contracting Party other than the competent State.
3. Benefits may also be paid to frontier workers by the competent institution in the territory of the competent State, in accordance with the provisions of the legislation of that State, as if they were resident in its territory. However, members of their family shall be entitled to benefits in kind under the same conditions only if there is an agreement to that effect between the competent authorities of the Contracting Parties concerned, or failing that, except in case of emergency, if there is prior authorisation by the competent institution.
4. Persons to whom this article applies, other than frontier workers or members of their families, who are temporarily resident in the territory of the competent State, shall be entitled to benefits in accordance with the provisions of the legislation of that State as if they were resident in its territory even if they were already receiving benefits for the same case of sickness or maternity before taking up their temporary residence.
5. Persons to whom this article applies who transfer their residence to the territory of the competent State shall be entitled to benefits in accordance with the provisions of the legislation of that State, even if they were already receiving benefits for the same case of sickness or maternity before transferring their residence.
Article 21
1. Persons who satisfy the conditions for entitlement to benefits under the legislation of the competent State, regard being had, where appropriate, to the provisions of Article 19, and:
(a) whose condition necessitates the immediate provision of benefits during temporary residence in the territory of a Contracting Party other than the competent State, or
(b) who, having become entitled to benefits payable by the competent institution, are authorised by that institution to return to the territory of a Contracting Party other than the competent State where they are resident or to transfer their residence to the territory of a Contracting Party other than the competent State, or
(c) who are authorised by the competent institution to go to the territory of a Contracting Party other than the competent State in order to receive the treatment required by their condition,
shall receive:
(i) benefits in kind, provided at the expense of the competent institution by the institution of the place of residence or temporary residence in accordance with the provisions of the legislation applied by the latter institution, as if these persons were affiliated to it, for a period not exceeding any period which may be prescribed by the legislation of the competent State;
(ii) cash benefits, paid by the competent institution in accordance with the provisions of the legislation which it applies, as if these persons were in the territory of the competent State. However, by agreement between the competent institution and the institution of the place of residence or temporary residence, cash benefits may be paid through the latter institution, on behalf of the competent institution.
2. (a) The authorisation referred to in sub-paragraph (b) of the preceding paragraph may be refused only if the move might prejudice the health or the course of medical treatment of the person concerned;
(b) the authorisation referred to in sub-paragraph (c) of the preceding paragraph shall not be refused when the requisite treatment cannot be given in the territory of the Contracting Party in which the person concerned resides.
3. The provisions of the preceding paragraphs of this Article shall apply, mutatis mutandis, to members of the family in respect of benefits in kind.
Article 22
1. Where the legislation of a Contracting Party makes the provision of benefits in kind to members of the family conditional on their being personally insured, the provisions of Articles 20 and 21 shall apply to members of the family of a person subject to that legislation only if they are personally affiliated to the same institution of the said Party as that person, or to another institution of the said Party which provides corresponding benefits.
2. Where the legislation of a Contracting Party provides that the calculation of cash benefits shall be based on average earnings, the competent institution of that Party shall determine those average earnings exclusively on the basis of the earnings recorded during the periods completed under the said legislation.
3. Where the legislation of a Contracting Party provides that the calculation of cash benefits shall be based on fixed earnings, the competent institution of that Party shall take account exclusively of such fixed earnings or, where appropriate, of the average fixed earnings corresponding to the periods completed under the said legislation.
4. Where the legislation of a Contracting Party provides that the amount of cash benefits shall vary with the number of members of the family, the competent institution of that Party shall take account also of members of the family resident in the territory of another Contracting Party, as if they were resident in the territory of the first Party.
Article 23
Unemployed persons who satisfy the conditions for entitlement to benefits in kind under the legislation of the Contracting Party responsible for providing unemployment benefit, regard being had, where appropriate, to the provisions of Article 19, shall be entitled, together with the members of their families, to benefits in kind if they are resident in the territory of another Contracting Party. Such benefits in kind shall be provided by the institution of the place of residence in accordance with the provisions of the legislation which that institution applies, as if the persons concerned were entitled to the benefits by virtue of that legislation, but the cost shall be borne by the competent institution of the first-mentioned Party.
Article 24
1. Where a person receiving a pension under the legislation of two or more Contracting Parties is entitled to benefits in kind under the legislation of the Contracting Party in whose territory he is resident, regard being had, where appropriate, to the provisions of Article 19, such benefits shall be provided for him and for the members of his family by the institution of the place of residence at its own cost, as if he were a pensioner under the legislation of the latter Party only.
2. Where a person receiving a pension under the legislation of a Contracting Party or pensions under the legislation of two or more Contracting Parties, is not entitled to benefits in kind under the legislation of the Contracting Party in whose territory he is resident, he shall nevertheless be entitled to such benefits for himself, and for the members of his family, if he is entitled to them under the legislation of the former Party, or of one of the former Parties, regard being had, where appropriate, to the provisions of Article 19, or if he would be entitled to them if he were resident in the territory of one of those Parties. The benefits in kind shall be provided by the institution of the place of residence, in accordance with the provisions of the legislation which it applies, as if the pensioner were entitled to the said benefits under that legislation, but the cost shall be borne by the institution as determined under the rules laid down in the following paragraph.
3. In the cases referred to in the preceding paragraph, the institution which shall bear the cost of the benefits in kind shall be determined according to the following rules:
(a) where the pensioner is entitled to the said benefits under the legislation of one Contracting Party only, the cost shall be borne by the competent institution of that Party;
(b) where the pensioner is entitled to the said benefits under the legislation of two or more Contracting Parties, the cost shall be borne by the competent institution of the Contracting Party under whose legislation the pensioner completed the longest period of insurance or residence; if by virtue of this rule two or more institutions would be liable for the cost of the benefits, the cost shall be borne by the institution of the Contracting Party to whose legislation the pensioner was last subject.
4. Where the members of the family of a person receiving a pension under the legislation of a Contracting Party or pensions under the legislation of two or more Contracting Parties are resident in the territory of a Contracting Party other than that in which the pensioner himself resides, they shall receive benefits in kind as if the pensioner were resident in the same territory, provided that he is entitled to such benefits under the legislation of a Contracting Party. The benefits in kind shall be provided by the institution of the place of residence of the members of the family under the provisions of the legislation which it applies, as if they were entitled to such benefits under that legislation, but their cost shall be borne by the institution of the pensioner"s place of residence.
5. Members of the family to whom the preceding paragraph applies who transfer their residence to the territory of the Contracting Party in which the pensioner resides shall be entitled to benefits under the provisions of the legislation of that Party even if they have already received benefits for the same case of sickness or maternity before transferring their residence.
6. A person receiving a pension under the legislation of a Contracting Party, or pensions under the legislation of two or more Contracting Parties, who is entitled to benefits in kind under the legislation of one of these Parties, shall, together with the members of his family, be entitled to such benefits:
(a) during temporary residence in the territory of a Contracting Party other than that in which they are resident, where their condition requires the immediate provision of benefit; or
(b) where they have been authorised by the institution of the place of residence to go to the territory of a Contracting Party other than that in which they are resident in order to receive the treatment required by their condition.
7. In the cases referred to in the preceding paragraph, the benefits in kind shall be provided by the institution of the place of temporary residence in accordance with the provisions of the legislation which it applies, as if the persons concerned were entitled to such benefits under that legislation, but the cost shall be borne by the institution of the pensioner"s place of residence.
8. Where the legislation of a Contracting Party provides for contributions to be deducted from the pension payable for the purpose of entitlement to benefits in kind, the institution of the Party which pays the pension shall be authorised to make such deductions if the cost of the benefits in kind is borne by an institution of that Party by virtue of this Article.
Article 25
1. Where the legislation applied by the institution of the place of residence or temporary residence provides for two or more sickness and maternity insurance schemes, the rules to be applied in respect of the provision of benefits in kind, in the cases covered by Article 20, paragraphs 1 and 2, Article 21, paragraphs 1 and 3, Article 23, and Article 24, paragraphs 2, 4 and 6, shall be those of the general scheme or, failing that, of the scheme for industrial workers.
2. Where the legislation of a Contracting Party makes the award of benefits dependent on the origin of the sickness, that condition shall not apply to persons covered by this Convention, irrespective of the territory of the Contracting Party in which they reside.
3. Where the legislation of a Contracting Party fixes a maximum period for the award of benefits, the institution which applies that legislation may, where appropriate, take account of any period during which benefits have already been provided by the institution of another Contracting Party for the same case of sickness or maternity.
Article 26
1. The application of the provisions of Articles 20, 21, 23 and 24 as between two or more Contracting Parties shall be subject to the conclusion between those Parties of bilateral or multilateral agreements which may also contain appropriate special arrangements.
2. The agreements referred to in the preceding paragraph shall specify in particular:
(a) the categories of persons to whom the provisions of Articles 20, 21, 23 and 24 shall apply;
(b) the period during which benefits in kind may be provided by the institution of one Contracting Party, the cost being borne by the institution of another Contracting Party;
(c) the special conditions governing the supply of prosthetic appliances, major aids and other major benefits in kind;
(d) rules to prevent the overlapping of benefits of the same kind;
(e) arrangements for the refund of benefits provided by the institution of one Contracting Party, the cost being borne by the institution of another Contracting Party.
3. Two or more Contracting Parties may agree that there shall be no refunds between the institutions in their jurisdiction.
Chapter 2
INVALIDITY, OLD AGE AND DEATH (PENSIONS)
Section 1. COMMON PROVISIONS
Article 27
Where a person has been subject successively or alternatively to the legislation of two or more Contracting Parties, the said person or his survivors shall be entitled to benefits in accordance with the provisions of this chapter, even if such persons would be entitled to claim benefits under the legislation of one or more Contracting Parties without these provisions being applied.
Article 28
1. Where the legislation of a Contracting Party makes the acquisition, maintenance or recovery of entitlement to benefits conditional upon the completion of periods of insurance, the institution which applies that legislation shall, to that end, for the purpose of adding periods together, take account of periods of insurance completed under the legislation of any other Contracting Party and, where appropriate, of periods of residence completed after the age of sixteen under non-contributory schemes of any other Contracting Party, as if they were periods of insurance completed under the legislation of the first Party.
2. Where the legislation of a Contracting Party makes the acquisition, maintenance or recovery of entitlement to benefits conditional upon the completion of periods of residence, the institution which applies that legislation shall, to that end, for the purpose of adding periods together, take account of periods of insurance completed under the legislation of any other Contracting Party, and, where appropriate, of periods of residence completed after the age of sixteen under non-contributory schemes of any other Contracting Party, as if they were periods of residence completed under the legislation of the first Party.
3. Where, under the legislation of a Contracting Party, a person has been affiliated at the same time to a contributory scheme and to a non-contributory scheme for the same contingency, the institution of any other Contracting Party concerned shall have regard, in applying paragraphs 1 or 2 of this article, to the longest period of insurance or of residence completed under the legislation of the first Party.
4. Where the legislation of a Contracting Party makes the provision of certain benefits conditional upon the completion of periods of insurance in an occupation covered by a special scheme or in a specified occupation or employment, only periods completed under a corresponding scheme, or, failing that, in the same occupation or, where appropriate, in the same employment, under the legislation of other Contracting Parties, shall be taken into account for the award of such benefits. If, notwithstanding periods completed in this way, the person concerned does not satisfy the conditions for entitlement to the said benefits, the periods concerned shall be taken into account for the award of benefits under the general scheme or, failing that, the scheme applicable to wage-earners or to salaried employees, as appropriate.
5. Where the legislation of a Contracting Party, which does not make entitlement to benefits or the amount thereof subject to any specific period of insurance or employment but makes the provision of such benefits conditional on the person concerned or, in the case of survivors" benefits, the deceased, having been subject to that legislation at the time at which the contingency arose, that condition shall be considered fulfilled if the person concerned or the deceased, as the case may be, was subject at that time to the legislation of another Contracting Party.
6. Where the legislation of a Contracting Party provides that the period of payment of a pension may be taken into consideration for the acquisition, maintenance or recovery of entitlement to benefits, the competent institution of that Party shall to that end take account of any period during which a pension was paid under the legislation of any other Contracting Party.
Article 29
1. The institution of each Contracting Party to whose legislation the person concerned has been subject shall determine, in accordance with the legislation which it applies, whether such person satisfies the conditions for entitlement to benefits having regard, where appropriate, to the provisions of Article 28.
2. If the person concerned satisfies those conditions, the said institution shall calculate the theoretical amount of the benefit he could claim if all the periods of insurance and of residence completed under the legislation of the Contracting Parties concerned, and taken into account for determining entitlement, in accordance with the provisions of Article 28, had been completed exclusively under the legislation which that institution applies.
3. However,
(a) in the case of benefits the amount of which does not depend on the length of periods completed, that amount shall be taken to be the theoretical amount referred to in the preceding paragraph;
(b) in the case of benefits specified in Annex IV, the theoretical amount referred to in the preceding paragraph may be calculated on the basis of the full benefit and up to an amount not exceeding it:
(i) in the case of invalidity or death, in proportion to the ratio of the total periods of insurance and residence completed, before the contingency arose, by the person concerned or the deceased under the legislation of all Contracting Parties concerned and taken into account in accordance with the provisions of Article 28, to two-thirds the number of years which elapsed between the date on which the person concerned or the deceased reached the age of sixteen and the date on which occurred the incapacity for work followed by invalidity or the death, as the case may be, disregarding any years subsequent to pensionable age;
(ii) in the case of old age, in proportion to the ratio of the total periods of insurance and residence completed by the person concerned under the legislation of all the Contracting Parties concerned, and taken into account in accordance with the provisions of Article 28, to thirty years, disregarding any years subsequent to pensionable age.
4. The said institution shall then calculate the actual amount of the benefit payable by it to the person concerned on the basis of the theoretical amount calculated in accordance with the provisions of paragraph 2 or of paragraph 3 of this article, as appropriate, and in proportion to the ratio of the periods of insurance or residence completed before the contingency arose under the legislation which it applies, to the total of the periods of insurance or residence completed before the contingency arose under the legislation of all the Contracting Parties concerned.
5. Where the legislation of a Contracting Party provides that the amount of benefits or certain parts thereof shall be in proportion to the periods of insurance or residence completed, the competent institution of that Party may calculate those benefits or parts thereof directly, solely on the basis of the periods completed under the legislation which it applies, notwithstanding the provisions of paragraphs 2 to 4 of this Article.
Article 30
1. For the calculation of the theoretical amount referred to in Article 29, paragraph 2:
(a) where the legislation of a Contracting Party provides that benefits shall be calculated on the basis of average earnings, an average contribution, an average increase or on the basis of the ratio of the claimant"s gross earnings during the periods of insurance to the average gross earnings of all insured persons other than apprentices, such average figures or ratios shall be determined by the competent institution of that Party solely on the basis of the periods completed under the legislation of the said Party or of the gross earnings received by the person concerned during those periods only;
(b) where the legislation of a Contracting Party provides that benefits shall be calculated on the basis of the amount of earnings, contributions or increases, the earnings, contributions or increases to be taken into account by the competent institution of that Party in respect of periods completed under the legislation of other Contracting Parties shall be determined on the basis of the average earnings, contributions or increases recorded for the periods completed under the legislation of the first Party;
(c) where the legislation of a Contracting Party provides that benefits shall be calculated on the basis of fixed earnings or a fixed amount, the earnings or the amount to be taken into account by the competent institution of that Party in respect of periods completed under the legislation of other Contracting Parties shall be equal to the fixed earnings or the fixed amount or, where appropriate, the average fixed earnings or fixed amount corresponding to the periods completed under the legislation of the first Party;
(d) where the legislation of a Contracting Party provides that benefits shall be calculated, in respect of certain periods, on the basis of earnings and, in respect of other periods, on the basis of fixed earnings or a fixed amount, the competent institution of that Party shall take into account, in respect of periods completed under the legislation of other Contracting Parties, the earnings or amounts determined in accordance with the provisions of sub-paragraph (b) or sub-paragraph (c) of this paragraph, as appropriate; where in respect of all the periods completed under the legislation of the first Party, the benefits are calculated on the basis of fixed earnings or a fixed amount, the earnings to be taken into account by the competent institution of that Party, in respect of periods completed under the legislation of other Contracting Parties, shall be equal to the notional earnings corresponding to the said fixed earnings or fixed amount.
2. Where the legislation of a Contracting Party embodies rules providing for the revaluation of the factors taken into account for the calculation of benefits, these rules shall apply, where appropriate, to the factors taken into account by the competent institution of that Party, in accordance with the provisions of the preceding paragraph, in respect of periods completed under the legislation of other Contracting Parties.
3. Where the legislation of a Contracting Party provides that the amount of benefits shall vary with the number of members of the family, the competent institution of that Party shall take account also of the members of the fa