|
Стр. 6
Parties shall be subject to the conclusion of bilateral or
multilateral agreements between those Parties. Such agreements
shall specify the categories of persons to whom the said
provisions shall apply and the arrangements for apportioning the
transport costs between the Contracting Parties concerned.
Article 43
1. Where no insurance scheme covering occupational injuries or
diseases exists in the territory of the Contracting Party where
the worker happens to be or where an insurance scheme exists but
has no institution responsible for the provision of benefits in
kind, such benefits shall be provided by the institution of the
place of residence or temporary residence responsible for
providing benefits in kind in the event of sickness.
2. Where the legislation of the competent State provides that
benefits in kind shall not be completely free unless use is made
of the medical service organised by the employer, the benefits in
kind provided in the cases referred to in Article 38, paragraph 1,
and in Article 40, paragraph 1, shall be deemed to have been
provided by such medical service.
3. Where the legislation of the competent State embodies an
employers' liability scheme, the benefits in kind provided in the
cases referred to in Article 38, paragraph 1, and in Article 40,
paragraph 1, shall be deemed to have been provided at the request
of the competent institution.
4. Where the legislation of one Contracting Party explicitly or
implicitly provides that previous occupational injuries or
diseases shall be taken into account in the assessment of the
degree of incapacity, the competent institution of that Party
shall also take into account for this purpose occupational
injuries or diseases previously recognised in accordance with the
legislation of any other Contracting Party, as if they had
occurred under the legislation which that institution applies.
Article 44
1. Where the legislation applied by the institution of the
place of residence or temporary residence embodies two or more
compensation schemes, the rules to be applied in respect of the
provision of benefits in kind, in the cases referred to in Article
38, paragraph 1, and in Article 40, paragraph 1, shall be those of
the general scheme or, failing that, of the scheme for industrial
workers.
2. Where the legislation of a Contracting Party fixes a maximum
period for the provision of benefits, the institution which
applies that legislation may, where appropriate, take account of
any period during which benefits have already been provided by the
institution of another Contracting Party for the same case of
occupational injury or disease.
Article 45
1. Where the legislation of a Contracting Party provides that
the calculation of cash benefits shall be based on average
earnings, the competent institution of that Party shall determine
those average earnings exclusively on the basis of the earnings
recorded during the period completed under the said legislation.
2. Where the legislation of a Contracting Party provides that
the calculation of cash benefits shall be based on fixed earnings,
the competent institution of that Party shall take account
exclusively of such fixed earnings or, where appropriate, of the
average fixed earnings corresponding to the periods completed
under the said legislation.
3. Where the legislation of a Contracting Party provides that
the amount of cash benefits shall vary with the number of members
of the family, the competent institution of that Party shall take
account also of members of the family resident in the territory of
another Contracting Party, as if they were resident in the
territory of the first Party.
Article 46
1. If a worker having contracted an occupational disease has
followed, under the legislation of two or more Contracting
Parties, an occupation liable to cause such a disease, the
benefits to which he or his survivors may be entitled shall be
awarded exclusively under the legislation of the last of the said
Parties the conditions of which they fulfil, regard being had,
where appropriate, to the provisions of paragraphs 2, 3 and 4 of
this article.
2. Where the legislation of a Contracting Party makes
entitlement to benefits for occupational diseases conditional upon
the disease in question being first diagnosed in its territory,
that condition shall be deemed to have been fulfilled if this
disease was first diagnosed in the territory of another
Contracting Party.
3. Where the legislation of a Contracting Party explicitly or
implicitly makes entitlement to benefits for occupational diseases
conditional upon the disease in question being diagnosed within a
specified period after the termination of the last occupation
liable to have caused it, the competent institution of that Party,
when ascertaining the time at which the occupation in question was
followed, shall take account to the extent necessary of any
occupation of the same kind followed under the legislation of any
other Contracting Party, as if it had been followed under the
legislation of the first Party.
4. Where the legislation of a Contracting Party explicitly or
implicitly makes entitlement to benefits for occupational diseases
conditional upon an occupation liable to cause the disease in
question having been followed for a specified period, the
competent institution of that Party shall take account, to the
extent necessary, for the purpose of adding periods together, of
periods during which such an occupation was followed in the
territory of any other Contracting Party.
5. The application of the provisions of paragraphs 3 and 4 of
this article as between two or more Contracting Parties shall be
subject to the conclusion of bilateral or multilateral agreements
between those Parties. Such agreements shall specify the
occupational diseases to which these provisions shall be
applicable and the arrangements for apportioning the cost of the
benefits between the Contracting Parties concerned.
Article 47
Where a worker having contracted an occupational disease has
received or is receiving compensation paid by the institution of a
Contracting Party, and, in the event of an aggravation of his
condition, claims benefits from the institution of another
Contracting Party, the following provisions shall apply:
(a) where the worker has not followed, under the legislation of
the second Party, an occupation liable to cause or to aggravate
the disease in question, the competent institution of the first
Party shall bear the cost of the benefits, taking the aggravation
into account, in accordance with the provisions of the legislation
which that institution applies;
(b) where the worker followed such an occupation under the
legislation of the second Party, the competent institution of the
first Party shall bear the cost of the benefits, leaving the
aggravation out of account, in accordance with the provisions of
the legislation which it applies; the competent institution of the
second Party shall award to the worker a supplementary benefit the
amount of which shall be equal to the difference between the
amount of the benefits due after the aggravation and the amount of
the benefits that would have been due before the aggravation, in
accordance with the provisions of the legislation which that
institution applies, if the disease in question had been
contracted under the legislation of that Party.
Article 48
1. The competent institution shall be bound to refund the cost
of benefits in kind provided on its behalf by virtue of Article
38, paragraph 1, and Article 40, paragraph 1.
2. The refund referred to in the preceding paragraph shall be
determined and made under arrangements to be agreed between the
competent authorities of the Contracting Parties.
3. Two or more Contracting Parties may agree that there shall
be no refunds between the institutions in their jurisdiction.
Chapter 4
DEATH (GRANTS)
Article 49
1. Where the legislation of a Contracting Party makes the
acquisition, maintenance or recovery of entitlement to death
grants conditional upon the completion of periods of insurance,
the institution which applies that legislation shall, to that end,
for the purpose of adding periods together, take account, to the
extent necessary, of periods of insurance completed under the
legislation of any other Contracting Party and, where appropriate,
of periods of residence completed after the age of sixteen under
non-contributory schemes of any other Contracting Party, as if
they were periods of insurance completed under the legislation of
the first Party.
2. Where the legislation of a Contracting Party makes the
acquisition, maintenance or recovery of entitlement to death
grants conditional upon the completion of periods of residence,
the institution which applies that legislation shall, to that end,
for the purpose of adding periods together, take account, to the
extent necessary, of periods of insurance completed under the
legislation of any other Contracting Party and, where appropriate,
of periods of residence completed after the age of sixteen under
non-contributory schemes of any other Contracting Party, as if
they were periods of residence completed under the legislation of
the first Party.
Article 50
1. Where a person dies in the territory of a Contracting Party
other than the competent State, the death shall be deemed to have
occurred in the territory of the competent State.
2. The competent institution shall provide death grants due
under the legislation which it applies, even if the beneficiary
resides in the territory of a Contracting Party other than the
competent State.
3. The provisions of the preceding paragraphs of this article
shall apply also where death results from an occupational injury
or disease.
Chapter 5
UNEMPLOYMENT
Article 51
1. Where the legislation of a Contracting Party makes the
acquisition, maintenance or recovery of entitlement to benefits
conditional upon the completion of periods of insurance, the
institution which applies that legislation shall, to that end, for
the purpose of adding periods together, take account, to the
extent necessary, of periods of insurance, employment or
occupational activity completed under the legislation of any other
Contracting Party, as if they were periods of insurance completed
under the legislation of the first Party, provided however that,
in the case of periods of employment or occupational activity,
these periods would have been considered as periods of insurance
if they had been completed under the last mentioned legislation.
2. Where the legislation of a Contracting Party makes the
entitlement to benefits conditional upon the completion of periods
of employment, occupational activity or residence, the institution
which applies that legislation shall, to that end, for the purpose
of adding periods together, take account, to the extent necessary,
of periods of insurance, employment or occupational activity
completed under the legislation of any other Contracting Party, as
if they were periods of employment, occupational activity or
residence completed under the legislation of the first Party.
3. Where the legislation of a Contracting Party makes the
provision of certain benefits conditional upon the completion of
periods of insurance in an occupation covered by a special scheme,
only periods completed under a corresponding scheme, or, failing
that, in the same occupation under the legislation of other
Contracting Parties, shall be taken into account for the provision
of such benefits. If, notwithstanding periods completed in this
way, the person concerned does not satisfy the conditions for
entitlement to the said benefits, the periods concerned shall be
taken into account for the provision of benefits under the general
scheme.
4. The application of the provisions of the preceding
paragraphs of this article is subject to the condition that the
person concerned was last subject to the legislation of the
Contracting Party under which the benefits are claimed, except in
the cases referred to in Article 53, paragraph 1, sub-paragraphs
(a) (ii) and (b) (ii).
Article 52
Unemployed workers who satisfy the conditions for entitlement
to benefits prescribed by the legislation of one Contracting Party
in respect of the completion of periods of insurance, employment,
occupational activity or residence, regard being had, where
appropriate, to the provisions of Article 51, and who transfer
their residence to the territory of another Contracting Party,
shall be deemed to satisfy also the conditions for entitlement to
benefits prescribed by the legislation of the second Party in this
respect, provided that they lodge a claim with the institution of
their new place of residence within thirty days of their transfer
of residence. The benefits shall be paid by the institution of the
place of residence, in accordance with the provisions of the
legislation which that institution applies, the cost being borne
by the competent institution of the first Party.
Article 53
1. Without prejudice to the provisions of Article 52, an
unemployed worker who, during his last employment, was resident in
the territory of a Contracting Party other than the competent
State shall receive benefits in accordance with the following
provisions:
(a) (i) a frontier worker, whose unemployment in the
undertaking which employs him is partial or incidental, shall
receive benefits in accordance with the provisions of the
legislation of the competent State, as if he were resident in
the territory of that State, regard being had, where
appropriate, to the provisions of Article 51; such benefits
shall be paid by the competent institution;
(ii) a frontier worker who is wholly unemployed shall
receive benefits in accordance with the provisions of the
legislation of the Contracting Party in whose territory he is
resident, as if he had been subject to that legislation during
his last employment, regard being had, where appropriate, to
the provisions of Article 51; such benefits shall be paid by
the institution of the place of residence;
(b) (i) a worker, other than a frontier worker, who becomes
partially, incidentally or wholly unemployed and remains
available to his employer or to the employment services in the
territory of the competent State, shall receive benefits in
accordance with the provisions of the legislation of the
competent State, as if he were resident in the territory of
that State, regard being had, where appropriate, to the
provisions of Article 51; such benefits shall be paid by the
competent institution;
(ii) a worker, other than a frontier worker, who becomes
wholly unemployed and makes himself available to the
employment services in the territory of the Contracting Party
where he is resident, or returns to that territory, shall
receive benefits in accordance with the provisions of the
legislation of that Party, as if he had been subject to that
legislation during his last employment, regard being had,
where appropriate, to the provisions of Article 51; such
benefits shall be paid by the institution of the place of
residence;
(iii) however, if the worker referred to in sub-paragraph
(b) (ii) of this paragraph has become entitled to benefits
from the competent institution of the Contracting Party to
whose legislation he was last subject, he shall receive
benefits in accordance with the provisions of Article 52, as
if he had transferred his residence to the territory of the
Contracting Party referred to in sub-paragraph (b) (ii) of
this paragraph.
2. As long as an unemployed worker is entitled to benefits by
virtue of sub-paragraphs (a) (i) or (b) (i) of the preceding
paragraph, he shall not be entitled to benefits under the
legislation of the Contracting Party in whose territory he
resides.
Article 54
Where, in the cases referred to in Article 52 and in Article
53, paragraph 1, sub-paragraph (b) (iii), the legislation applied
by the institution of the place of residence prescribes a maximum
period for the award of benefits, the said institution may, where
appropriate, take account of any period during which benefits have
already been paid by the institution of another Contracting Party
since entitlement to benefits was last established.
Article 55
1. Where the legislation of a Contracting Party provides that
the calculation of benefits shall be based on the amount of
previous earnings, the institution which applies that legislation
shall take account exclusively of the earnings of the worker
concerned in the last occupation which he followed in the
territory of the said Party or, if he was not last employed in
that territory for at least four weeks, of the corresponding
normal wage at his place of residence, for work equivalent or
similar to his last occupation in the territory of another
Contracting Party.
2. Where the legislation of a Contracting Party provides that
the amount of benefits shall vary with the number of members of
the family, the institution which applies that legislation shall
take account also of the members of the family resident in the
territory of another Contracting Party, as if they were resident
in the territory of the first Party.
3. Where the legislation applied by the institution of the
place of residence provides that the time during which benefits
are payable shall depend on the length of the periods completed,
the time during which benefits are payable shall be determined
with due regard, where appropriate, to the provisions of paragraph
1 or paragraph 2 of Article 51.
Article 56
1. The application of the provisions of Articles 52 to 54 as
between two or more Contracting Parties shall be subject to the
conclusion between those Parties of bilateral or multilateral
agreements which may also contain appropriate special
arrangements.
2. The agreements referred to in the preceding paragraph shall
specify in particular:
(a) the categories of persons to whom the provisions of
Articles 52 to 54 shall apply;
(b) the period during which institution of one Contracting
Party, the cost being borne by the institution of another
Contracting Party;
(c) arrangements for the refund of benefits provided by the
institution of one Contracting Party where the cost is to be borne
by the institution of another Contracting Party.
3. Two or more Contracting Parties may agree that there shall
be no refunds between the institutions in their jurisdiction.
Chapter 6
FAMILY BENEFITS
Article 57
Where the legislation of a Contracting Party makes the
entitlement to benefits conditional upon the completion of periods
of employment, occupational activity or residence, the institution
which applies that legislation shall, to that end, for the purpose
of adding periods together, take account, to the extent necessary,
of periods of employment, occupational activity or residence
completed under the legislation of any other Contracting Party, as
if they were periods of employment, occupational activity or
residence completed under the legislation of the first Party.
Article 58
1. The application of the provisions of Section 1 or Section 2
of this chapter as between two or more Contracting Parties shall
be subject to the conclusion between those Parties of bilateral or
multilateral agreements which may also contain appropriate special
arrangements.
2. The agreements referred to in the preceding paragraph shall
specify in particular:
(a) the categories of persons to whom the provisions of
Articles 59 to 62 shall apply;
(b) rules to prevent the overlapping of benefits of the same
kind;
(c) where appropriate, the maintenance of rights acquired by
virtue of social security conventions.
Section 1. FAMILY ALLOWANCES
Article 59
1. For the purpose of the application of this article and of
Article 60, the term "children" shall, within the limits
prescribed in the legislation of the Contracting Party concerned,
mean:
(a) legitimate children, legitimised children, acknowledged
illegitimate children, adopted children and orphaned grandchildren
of the beneficiary;
(b) legitimate children, legitimised children, acknowledged
illegitimate children, adopted children and orphaned grandchildren
of the beneficiary's spouse, on condition that they are living in
the beneficiary's household in the territory of a Contracting
Party.
2. Persons subject to the legislation of one Contracting Party,
having children who are resident or are being brought up in the
territory of another Contracting Party, shall be entitled in
respect of such children to the family allowances provided for by
the legislation of the first Party, as if these children were
permanently resident or were being brought up in the territory of
that Party.
3. However, in the case referred to in the preceding paragraph,
the amount of the family allowances may be limited to the amount
of family allowances provided for by the legislation of the
Contracting Party in whose territory the children are resident or
are being brought up.
4. For the purpose of applying the provisions of the preceding
paragraph, the comparison of the amounts of family allowances
payable under the two legislations concerned shall be made on the
basis of the total number of children of the same beneficiary.
Where the legislation of the Contracting Party in whose territory
the children are resident or are being brought up provides for
different family allowances rates for different categories of
beneficiaries, regard shall be had to the amounts that would be
payable if the beneficiary were subject to that legislation.
5. The provisions of paragraphs 3 and 4 of this article shall
not be applicable to an employed person covered by Article 15,
paragraph 1, sub-paragraph (a), in respect of such children as
accompany him to the territory of the Contracting Party where he
is sent to work.
6. Family allowances shall be paid in accordance with the
provisions of the legislation of the Contracting Party to which
the beneficiary is subject, even if the physical or legal person
to whom the allowances are payable resides or is temporarily in
the territory of another Contracting Party.
Article 60
1. Unemployed workers drawing unemployment benefits at the
expense of the institution of one Contracting Party, and having
children who are resident or are being brought up in the territory
of another Contracting Party, shall be entitled, in respect of
such children, to the family allowances payable in that
contingency under the legislation of the first Party, as if they
were resident or were being brought up in the territory of this
Party.
2. In the case referred to in the preceding paragraph, the
provisions of Article 59, Paragraphs 1, 3, 4 and 6 shall apply,
mutatis mutandis.
Section 2. FAMILY BENEFITS
Article 61
1. Persons who are subject to the legislation of a Contracting
Party shall be entitled, in respect of members of their family
resident in the territory of another Contracting Party, to the
benefits provided under the legislation of the latter Party, as if
these persons were subject to that Party's legislation. Such
benefits shall be paid to the members of the family by the
institution of their place of residence, in accordance with the
provisions of the legislation which that institution applies, and
the cost shall be borne by the competent institution.
2. Notwithstanding the provisions of the preceding paragraph,
an employed person to whom Article 15, paragraph 1, sub-paragraph
(a), refers shall be entitled, in respect of such members of his
family as accompany him to the territory of the Contracting Party
where he is sent to work, to the benefits provided under the
legislation of the Contracting Party to which he remains subject.
Such benefits shall be paid by the competent institution of the
latter Party. However, by agreement between the competent
institution and the institution of the place of residence, the
benefits may also be paid through the latter institution, on
behalf of the competent institution.
Article 62
Unemployed workers drawing unemployment benefits payable by an
institution of a Contracting Party shall be entitled, in respect
of members of their family resident in the territory of another
Contracting Party, to the family benefits payable under the
legislation of the latter Party provided that, under the
legislation of the first Party, family benefits are payable in the
event of unemployment. The family benefits shall be paid to the
members of the family by the institution of their place of
residence, in accordance with the provisions of the legislation
which that institution applies, and the cost shall be borne by the
competent institution of the first Party.
Article 63
1. In those cases where the provisions of this section are
applied between two or more Contracting Parties, the bilateral or
multilateral agreements referred to in Article 58, paragraph 1,
shall specify the arrangements for the refund of benefits provided
by the institution of one Contracting Party where the cost is to
be borne by the institution of another Contracting Party.
2. Two or more Contracting Parties may agree that there shall
be no refunds between the institutions in their jurisdiction.
TITLE IV. MISCELLANEOUS PROVISIONS
Article 64
1. The competent authorities of the Contracting Parties shall
communicate to each other:
(a) all information regarding measures taken by them for the
application of this Convention; and
(b) all information regarding changes made in their legislation
which may affect the application of this Convention.
2. For the purpose of applying this Convention, the authorities
and institutions of the Contracting Parties shall assist one
another as if it were a matter of applying their own legislation.
In principle the administrative assistance furnished by the said
authorities and institutions to one another shall be free of
charge. However, the competent authorities of the Contracting
Parties may agree to reimburse certain expenses.
3. The authorities and institutions of the Contracting Parties
may, for the purpose of applying this Convention, communicate
directly with one another and with the individuals concerned or
their representatives.
4. The authorities, institutions and jurisdictions of one
Contracting Party may not reject claims or other documents
submitted to them by reason of the fact that they are written in
an official language of another Contracting Party.
Article 65
1. Any exemption from, or reduction of, taxes, stamp duty,
legal dues or registration fees provided for in the legislation of
one Contracting Party in connection with certificates or documents
required to be produced for the purposes of the legislation of
that Party shall be extended to similar certificates and documents
required to be produced for the purposes of the legislation of
another Contracting Party or of this Convention.
2. All official instruments, documents or certificates of any
kind that are required to be produced for the purposes of this
Convention shall be exempt from authentication or any similar
formality.
Article 66
1. Where a claimant is resident in the territory of a
Contracting Party other than the competent State, he may validly
present his claim to the institution of his place of residence,
which shall refer it to the competent institution or institutions
mentioned in the claim.
2. Any claim, declaration or appeal that should have been
submitted, under the legislation of a Contracting Party, within a
specified time to an authority, institution or jurisdiction of
that Party shall be admissible if it is submitted within the same
period to an authority, institution or jurisdiction of another
Contracting Party. In such event, the authority, institution or
jurisdiction receiving the claim, declaration or appeal shall
forward it without delay to the competent authority, institution
or jurisdiction of the first Party, either directly or through the
intermediary of the competent authorities of the Contracting
Parties concerned. The date on which any claim, declaration or
appeal was submitted to an authority, institution or jurisdiction
of the second Contracting Party shall be deemed to be the date of
its submission to the authority, institution or jurisdiction
competent to deal with it.
Article 67
1. Medical examinations prescribed by the legislation of one
Contracting Party may be carried out, at the request of the
institution which applies this legislation, in the territory of
another Contracting Party, by the institution of the place of
temporary residence or residence. In such event, they shall be
deemed to have been carried out in the territory of the first
Party.
2. The application of the provisions of the preceding paragraph
as between two or more Contracting Parties shall be subject to the
conclusion of bilateral or multilateral agreements between those
Parties.
Article 68
1. Where, under this Convention, the institution of one
Contracting Party is liable to pay cash benefits to a beneficiary
who is in the territory of another Contracting Party, its
liability shall be expressed in the currency of the first Party.
That institution may validly discharge its liability in the
currency of the second Party.
2. Where, under this Convention, the institution of one
Contracting Party is liable to pay sums in refund of benefits
provided by the institution of another Contracting Party, its
liability shall be expressed in the currency of the second Party.
The first institution may validly discharge its liability in that
currency, unless the Contracting Parties concerned have agreed on
other arrangements.
3. Transfers of funds which result from the application of this
Convention shall be effected in accordance with the relevant
agreements in force between the Contracting Parties concerned at
the date of transfer. Failing such agreements, the arrangements
for effecting such transfers shall be agreed between the said
Parties.
Article 69
1. For the calculation of the amount of contributions due to
the institution of a Contracting Party, account shall be taken,
where appropriate, of any income received in the territory of any
other Contracting Party.
2. The recovery of contributions due to the institution of one
Contracting Party may be effected in the territory of another
Contracting Party in accordance with the administrative procedures
and subject to the guarantees and privileges applicable to the
recovery of contributions due to a corresponding institution of
the latter Party.
3. The application of the provisions of paragraphs 1 and 2 of
this article as between two or more Contracting Parties shall be
subject to the conclusion of bilateral or multilateral agreements
between those Parties. Such agreements may also deal with legal
procedure for recovery.
Article 70
1. Where a person is receiving benefits under the legislation
of one Contracting Party in respect of an injury caused or
sustained in the territory of another Contracting Party, the
rights of the institution liable to pay benefits against the third
party liable to pay damages shall be regulated in the following
manner:
(a) where the said institution, under the legislation
applicable to it, is substituted for the beneficiary in any rights
which he may have against the third party, such substitution shall
be recognised by every other Contracting Party; and
(b) where the said institution has a direct right against the
third party, such right shall be recognised by every other
Contracting Party.
2. The application of the provisions of the preceding paragraph
as between two or more Contracting Parties shall be subject to the
conclusion of bilateral or multilateral agreements between those
Parties.
3. The rules governing the liability of employers or their
agents in the case of occupational injuries or accidents on the
way to or from work which happen in the territory of a Contracting
Party other than the competent State shall be determined by
agreement between the Contracting Parties concerned.
Article 71
1. Any dispute arising between two or more Contracting Parties
as to the interpretation or application of this Convention shall
first of all be the subject of negotiations between the Parties to
the dispute.
2. If one of the Parties to the dispute considers that there is
a question likely to affect all the Contracting Parties, the
Parties to the dispute jointly, or failing that, one of them,
shall submit it to the Committee of Ministers of the Council of
Europe, which shall give an opinion on the question within six
months.
3. If it has not proved possible to settle the dispute either,
as the case may be, within six months from the request for the
opening of negotiations as prescribed by paragraph 1 of this
article, or within three months from the communication to the
Contracting Parties of the opinion given by the Committee of
Ministers, the dispute may be the subject of arbitration
proceedings before one arbitrator, at the request of any Party to
the dispute. The requesting Party shall notify the other Party,
through the Secretary General of the Council of Europe, of the
subject matter of the request it intends to refer to arbitration
and of the grounds on which the request is based.
4. Unless otherwise agreed by the Parties to the dispute, the
arbitrator shall be appointed by the President of the European
Court of Human Rights. The arbitrator shall not be a national of
one of the Parties to the dispute, nor have his usual place of
residence in the territory of these Parties, nor be employed by
them, nor have dealt with the case in another capacity.
5. If, in the case referred to in the preceding paragraph, the
President of the European Court of Human Rights is unable to act
or is a national of one of the Parties to the dispute, the
arbitrator shall be appointed by the Vice-President of the Court
or by the most senior member of the Court who is not unable to act
and is not a national of one of the Parties to the dispute.
6. Failing a special agreement between the Parties to the
dispute, or failing a sufficiently precise agreement, the
arbitrator shall give his decision on the basis of the provisions
of this Convention, taking due account of the general principles
of international law.
7. The arbitrator's decision shall be binding and final.
Article 72
1. Annex VII specifies, for each Contracting Party concerned,
the particular measures for the application of its legislation.
2. Each Contracting Party concerned shall give notice, in
accordance with the provisions of Article 81, paragraph 1, of any
amendment to be made to Annex VII. If such an amendment results
from the adoption of new legislation, notice shall be given within
three months from the date of publication of that legislation or,
in the case of legislation published before the date of
ratification of this Convention, on the date of ratification.
Article 73
1. The Annexes referred to in Article 1, sub-paragraph (b),
Article 3, paragraph 1, Article 6, paragraph 3, Article 8,
paragraph 4, Article 9, paragraph 2, Article 11, paragraph 3, and
Article 72, paragraph 1, and any subsequent amendments made to
these annexes, shall be an integral part of this Convention.
2. Any amendment to the Annexes referred to in the preceding
paragraph shall be considered as adopted if, within the three
months following the notification provided for in Article 81,
paragraph 2, sub-paragraph (d), of this Convention, no Contracting
Party or signatory State has opposed it by notification addressed
to the Secretary General of the Council of Europe.
3. In the event of such opposition being notified to the
Secretary General, the question shall be settled in accordance
with a procedure to be established by the Committee of Ministers
of the Council of Europe.
TITLE V. TRANSITIONAL AND FINAL PROVISIONS
Article 74
1. This Convention shall confer no rights for any period before
its entry into force in respect of the Contracting Party or
Parties concerned.
2. All periods of insurance and, where appropriate, of
employment, occupational activity or residence completed under the
legislation of a Contracting Party before the date on which this
Convention enters into force shall be taken into account for the
purpose of determining rights arising from this Convention.
3. Subject to the provisions of paragraph 1 of this article,
rights may arise under this Convention even in respect of a
contingency which arose before its entry into force.
4. Any benefit which has not been provided or which has been
suspended on account of the nationality of the person concerned or
of his residence in the territory of the Contracting Party other
than that in which the institution liable to pay the benefits is
situated shall, at the request of the person concerned, be
provided or resumed with effect from the date on which this
Convention enters into force, unless the rights previously
extinguished have given rise to the payment of a lump sum.
5. The rights of persons concerned who have been awarded a
pension before the entry into force of this Convention shall be
revised at their request, regard being had to the provisions of
this Convention. These rights may also be revised ex officio. In
no circumstances shall such a revision operate to lessen the
former rights of the person concerned.
6. Where the request referred to in paragraph 4 or in paragraph
5 of this article is submitted within two years of the date on
which this Convention enters in force, the rights arising in
accordance with the provisions of the Convention shall be acquired
as from that date, and those provisions of the legislation of any
Contracting Party which concern the loss of rights or the
extinction of rights by lapse of time shall not be raised against
the person concerned.
7. Where the request referred to in paragraph 4 or in paragraph
5 of this article is submitted more than two years after the date
on which this Convention enters into force, such rights as have
not lapsed or have not been extinguished by lapse of time shall be
acquired only with reference to the date on which the request was
submitted, unless there are more favourable provisions in the
legislation of the Contracting Party concerned.
Article 75
1. This Convention shall be open to signature by the member
States of the Council of Europe. It shall be subject to
ratification or acceptance. Instruments of ratification or
acceptance shall be deposited with the Secretary General of the
Council of Europe.
2. This Convention shall enter into force on the first day of
the third month following that in which the third instrument of
ratification or acceptance is deposited.
3. In respect of a signatory State ratifying or accepting
subsequently, the Convention shall enter into force three months
after the date of deposit of its instrument of ratification or
acceptance.
|
