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ЕВРОПЕЙСКАЯ КОНВЕНЦИЯ О СОЦИАЛЬНОМ СТРАХОВАНИИ (ETS N 78) [АНГЛ.] (ЗАКЛЮЧЕНА В Г. ПАРИЖЕ 14.12.1972)

По состоянию на ноябрь 2007 года
Стр. 1

                          EUROPEAN CONVENTION
                           ON SOCIAL SECURITY
                               (ETS N 78)
   
                          (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

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