List of declarations made with respect to treaty No. 014

European Convention on Social and Medical Assistance

Status as of: 18/12/2014

 

    Belgium :


Declaration contained in a letter from the Permanent Representative of Belgium, dated 16 October 1981, registered at the Secretariat General on 19 October 1981 - Or. Fr.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

Law of 27 June 1956 concerning the Special Assistance Fund.
Law of 2 April 1965 concerning Public Assistance.
Royal Decree No. 81 of 10 November 1967 establishing a Fund to provide for medical, social and educational services for the handicapped.
Law of 8 July 1964 concerning urgent Medical Assistance.
Law of 7 August 1974 establishing the right to a minimum level of means of subsistence.
Law of 8 July 1976 relating to the organisation of Public Social Assistance Centres.

Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention

Alien''s identity card or certificate of entry in the Register of Aliens or residence card issued to nationals of an EEC member State.
Period covered: 19/10/1981 -                                 
The preceding statement concerns Article(s) : 1, 11, 16


Declaration contained in a letter from the Permanent Representative of Belgium, dated 16 October 1981, registered at the Secretariat General on 19 October 1981 - Or. Fr.

Annex II - Reservations formulated by the Contracting Parties

The Belgian Government reserves the right not to grant to nationals of Contracting Parties the benefit of the legislation concerning the minimum level of means of subsistence.
Period covered: 19/10/1981 -         
The preceding statement concerns Article(s) : 7


Interpretation of the terms: "nationals" and "territory"

a Nationals : Persons possessing Belgian nationality.
b Territory : Belgian metropolitan territory, excluding the Belgian Congo and Ruanda-Urundi.
Period covered: 1/4/1957 -      
The preceding statement concerns Article(s) : 2

 

    Denmark :


Declaration contained in a letter from the Permanent Representation of Denmark, dated 22 December 1999, registered at the Secretariat General on 3 january 2000 - Or. Engl. - and amended by a letter from the Permanent Representation of Denmark, dated 30 November 2000, registered at the Secretariat General on 1 December 2000 - Or. Engl.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

The Act on Active Social Policy (Act no. 455 of 10 June 1997 as later amended).
The Act on Social Services (Act no. 454 of 10 June 1997 as later amended).

Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention

Certificate of residence permit.
Certificat of residence and work permit.
Residence permit or residence and work permit implied in passport.
EC/EEA residence certificate.
Period covered: 3/1/2000 -                                 
The preceding statement concerns Article(s) : 1, 11, 16


Interpretation of the terms: "nationals" and "territory"

a Nationals : Persons possessing Danish nationality.
b Territory : Denmark itself, not including the Faroe Islands and Greenland. Nevertheless, consideration may be given later to the question of extending the application of the Agreements to these parts of the Kingdom.
Period covered: 1/7/1954 -      
The preceding statement concerns Article(s) : 2

 

    Estonia :


Declaration contained in the instrument of ratification deposited on 20 July 2004 - Or. Engl.

Pursuant to Article 2, paragaph a, sub-paragraph ii, of the Convention, the Republic of Estonia declares that the term "national" under the present Convention shall cover Estonian nationales and the term "territoty" shall cover the territory under the jurisdiction of the Republic of Estonia.
Period covered: 1/8/2004 -         
The preceding statement concerns Article(s) : 2


Declaration contained in the instrument of ratification deposited on 20 July 2004 - Or. Engl.

The Republic of Estonia shall bear the costs provided in Article 8, paragraph a, according to the Aliens Act.
Period covered: 1/8/2004 -         
The preceding statement concerns Article(s) : 8


Declaration contained in the instrument of ratification deposited on 20 July 2004 - Or. Engl.

The Republic of Estonia applies to lawful residence in the territory of a Contracting Party provided in Article 6, paragraph a, and in Article 11, paragraph a, the Aliens Act, Refugees Act and Citizen of European Union Act, according to which lawful residence in the territory of Estonia may depend on availability of permanent legal income and on duly submission for renewal of a document affording proof of lawful residence.
Period covered: 1/8/2004 -      
The preceding statement concerns Article(s) : 11

 

    France :


Declaration contained in a letter from the Deputy Permanent Representative of France, dated 19 June 1991, registered at the Secretariat General on 21 June 1991 - Or. Fr.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

Family and Social Assistance Code : (Decree No. 56-149 of 24 January 1956).
Social Assistance to Children - Part II - Chapter II.
Social and Medical Assistance - Part III (except Articles 162 and 171) :
- Social Assistance to families and to the aged, infirm, blind or seriously disabled. Compensatory allowances for rent increases. Special accommodation measures.
- Medical Assistance to the sick, sufferers from tuberculosis, mental patients.

Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention

Alien''s "carte de séjour".
The French Government considers that any national of a Contracting Party present in French territory, even in transit, meets the lawful presence requirement stated in Article 1 of the Convention.
Period covered: 21/6/1991 -                                 
The preceding statement concerns Article(s) : 1, 11, 16


Interpretation of the terms: "nationals" and "territory"

a Nationals : All persons of French nationality, all nationals of the French Union, except those of the Association States, and all French protected persons.
b Territory : Metropolitan France and its overseas departments (Guadeloupe, French Guyana, Martinique and Reunion).
Period covered: 1/1/1958 -      
The preceding statement concerns Article(s) : 2

 

    Germany :


Declaration contained in a letter from the Permanent Representation of Germany, dated 23 November 1999, registered at the Secretariat General on 25 November 1999 - Or. Fr./Engl./Germ. - amended, regarding the wording of paragraph c), by a letter from the Deputy Permanent Representative of Germany, dated 12 February 2001, registered at the Secretariat General on 14 February 2001 - Or. Fr./Engl./Ger., and amended, regarding the wording of paragraph a), by a letter from the Permanent Representation of Germany, dated 26 October 2001, registered at the Secretariat General on 7 November 2001 - Or. Fr./Engl./Ger.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

a) La loi fédérale d'aide sociale telle qu'elle a été publiée le 23 mars 1994 (Journal officiel fédéral I, p. 646 et 2975), modifiée en dernier lieu par l'article 12 de la loi du 13 septembre 2001 (Journal officiel fédéral I, p. 2376 et 2398).
b) Paragraphs 27, 32 to 35 and 41, each in conjunction with paragraph 39 of Volume Eight of the Social Code as published on 8 December 1998 (Federal Law Gazette, I, p. 3546).
c) Paragraphs 3, 19 and 69 of the Act to prevent and combat infectious diseases contracted by humans (Infektionsschutzgesetz - IfSG, Article 1 of the Act to revise the legislation on epidemics of 20 July 2000, Federal Law Gazette, I, p. 1045).
Period covered: 25/11/1999 -                     
The preceding statement concerns Article(s) : 1, 16


Declaration contained in a letter from the Deputy Permanent Representative of Germany, dated 10 October 1990, registered at the Secretariat General on 11 October 1990 - Or. Fr.

Annex II - Reservations formulated by the Contracting Parties

The Government of the Federal Republic of Germany does not undertake to grant to the nationals of the other Contracting Parties, equally and under the same conditions as to its own nationals, assistance designed to enable the beneficiary to make a living, or assistance to overcome particular social difficulties, under the Federal Social Assistance Act for the time being in force. Notwithstanding the above, such assistance may be granted in appropriate cases.
Period covered: 11/10/1990 -         
The preceding statement concerns Article(s) : 7


Declaration contained in a letter from the Deputy Permanent Representative of Germany, dated 10 October 1990, registered at the Secretariat General on 11 October 1990 - Or. Fr.

Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention

Residence authorisation pursuant to paragraph 5 of the Aliens Act of 9 July 1990, conferred by a separate paper or by a reference in the identity document.
Residence authorisations for nationals of EEC Member States.
Request for residence authorisation, substantiated by an appropriate certificate or by a reference in the identity document: "Registered as an alien".
Period covered: 11/10/1990 -         
The preceding statement concerns Article(s) : 11


Interpretation of the terms: "nationals" and "territory"

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

Note by the Secretariat: The territorial declaration concerning Land Berlin ended on 3 October 1990.
Period covered: 1/9/1956 -         
The preceding statement concerns Article(s) : 2


Declaration contained in a letter from the Permanent Representative of Germany, dated 15 December 2011, registered at the Secretariat General on 19 December 2011 - Or. Engl.

In accordance with Article 16, paragraph b, first sentence, of the Convention, Germany notifies the following new laws not already included in Annex I to the Convention :

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention
– Book Two of the Social Code – Basic Income Support for Jobseekers – as published on 13 May 2011 (Federal Law Gazette I, p. 850),
– Book Twelve of the Social Code – Social Assistance – as published on 27 December 2003, most recently amended by Article 3.b of the Act of 20 June 2011 (Federal Law Gazette I, p. 2090).
Period covered: 19/12/2011 -                     
The preceding statement concerns Article(s) : 1, 16


Reservation contained in a letter from the Permanent Representative of Germany, dated 15 December 2011, registered at the Secretariat General on 19 December 2011 - Or. Engl.

Annex II - Reservations formulated by the Contracting Parties

In accordance with Article 16, paragraph b, second sentence, of the Convention, the Government of the Federal Republic of Germany does not undertake to grant to nationals of the other Contracting Parties, equally and under the same conditions as to its own nationals, the benefits provided for in Book Two of the Social Code – Basic Income Support for Jobseekers – in the latest applicable version.
Period covered: 19/12/2011 -         
The preceding statement concerns Article(s) : 7


Reservation contained in a letter from the Permanent Representative of Germany, dated 15 December 2011, registered at the Secretariat General on 19 December 2011 - Or. Engl.

Annex II - Reservations formulated by the Contracting Parties

In accordance with Article 16, paragraph b, second sentence, of the Convention, the Government of the Federal Republic of Germany does not undertake to grant to nationals of the other Contracting Parties, equally and under the same conditions as to its own nationals, assistance to overcome particular social difficulties as provided in Book Twelve of the Social Code – Social Assistance – in the latest applicable version; such assistance may however be granted in appropriate cases.
Period covered: 19/12/2011 -      
The preceding statement concerns Article(s) : 7

 

    Greece :


Declaration contained in a letter from the Ministry of Health, Welfare and Social Secutity, dated 9 October 1990, registered at the Secretariat General on 29 October 1990 - Or. Engl.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

Greek legislation provides for public assistance for those in need. Social assistance is made available consisting of economic, medical-pharmaceutical and hospital related assistance, as well as other benefits. Ministerial decisions have been promulgated and enacted regarding health care to such a degree that there is no uninsured indigent social group in this country not covered by a social assistance regime including hospital, medical and pharmaceutical assistance.
According to Decree No. 57/1973 (Article 5, paragraph 2) aliens from States who have adopted the European Convention on Social and Medical Assitance, residents in Greece, are integrated within the social assistance programmes as equals of the Greek citizens.
Such programmes cover needy and emergency cases of individuals who are unable to face by their own or their family''s means, a natural disaster or illness by the assignment of a lump sum.
The above social assistance is also provided for the over 65 years old unable to cover their living demands by their own or their family''s means, although no emergency reason occurs.
This assistance is granted after claim at the Prefectural Welfare Autority of the place of residence, responsible to certify the economic weakness of the claimant. Ministerial Decision A3/7485/81 provides full health assistance to foreigners on transit and tourists of Greek origine not residing in Greece, on the condition that their stay will be no longer than three months; besides foreign students fellows of the Greek Government and the members of the families of the medical fellows enjoy full health assistance during their stay in this country.

a. Assistance to children
The following reform has been realised :
i. Presidential Decree 856/81 (Official Gazette 218/81 Vol A). It has been reformed and completed by a joint Ministerial Decision signed by the Ministers of Finance and Health, Welfare and Social Security. Decision No 3634/82 re: Benefit for children without support uprating of the age limit to 16 years old, instead of 14.
ii. Presidential Decree No. 147/89 (Official Gazette No. 70/Vol. A/89) re: uprating of the monthly benefit from 7,000 Drs. to 9,500 Drs. and expansion of the financial criteria.
iii. Circular to the Ministry of Social Assistance No. 817/7338 of 10 January 1952 "Free admission to observation clinics for children suffering from glandular infections".
iv. Ministerial Decision 8291/84 (Official Gazette No. 860/ Vol. B/84) re: Child Care Homes : approval of their operating regulations, according to Article 4.
Child Care Homes (ex. Orphanages) are open to physically and mentally normal children aged from 5 and a halp to 16 years old needing institutional care, which is proved by a social investigation carried out for each claimant.
v. Law 4227 of 17 March 1962 "Organisation of day-nurseries and admission of infants not supported by their families" (Official Gazette A No. 49 of 24 March 1962).

b. Assistance to Adults
i. Circular of the Ministry of Social Assistance No. 374/9505 of 30 July 1956 "Hospital care and medical and pharmaceutical assistance".
Such assistance is provided for needy cases and for entitled persons in other special categories.
ii. Circular of the Ministry of Merchant Shipping No. 14931 of 7 March 1950 "Free travel". A number of free places are reserved for the needy on Greek coastal vessels.
iii. Law 2603 of 1953 ratifying Decision No. 487 of 13 May 1952 of the Council of Ministers, concerning payment by the State of travelling expenses for needy prisoners returning home on release.
iv. Free legal assistance under Articles 220 to 224 of the Code of Civil Procedure.
This assistance is granted to aliens on a basis of reciprocity.

c. Assistance for the aged and the chronically ill.

I. Legislative decree 162/1973

Official Gazette No. 227 "Assistance provisions in favour of the aged and chronically ill" providing institutionalisation (in Public and Private Entity Establishments) and protection of the non-institutionalised, Day Centres for the aged (KAPI), home assistance and so on.

II. Legislative Decree 1118/1972
re: "Private enterprises providing medical assistance for the aged or the chronically ill, suffering from a deficiency of the mobility system and regulation of adequate matters".
Period covered: 29/10/1990 -                     
The preceding statement concerns Article(s) : 1, 16


Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention

The document accepted as proof of the status of aliens is, generally, the passport. Aliens who become established in Greece are furnished with identity cards by the Aliens Office within a month of arrival. In all other cases aliens receive a residence permit.
Period covered: 1/7/1960 -         
The preceding statement concerns Article(s) : 11


Interpretation of the terms: "nationals" and "territory"

a Nationals : Persons possessing Greek nationality and all holders of a valid Greek passport. Certain Greek nationals do not possess Greek passports owing to the fact that their papers of nationality are not in order or for some other reason. In these doubtful cases it would be advisable for the authorities of the Contracting Parties to consult the Greek diplomat or consular authorities, in accordance with the spirit of Article 15 of the Convention.
b Territory : All Greek territory, including the Greek islands, as defined by international treaties at present in force.
Period covered: 1/7/1960 -      
The preceding statement concerns Article(s) : 2

 

    Iceland :


Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

Law No. 80, dated 5 June 1947, concerning social assistance.

Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention

Certificate drawn up in accordance with the list of aliens kept by the Immigration authorities, or Certificate drawn up in accordance with the Census Register.
Period covered: 1/1/1965 -                                 
The preceding statement concerns Article(s) : 1, 11, 16


Interpretation of the terms: "nationals" and "territory"

a Nationals : All persons legally enjoying the right of Icelandic citizenship.
b Territory : The territory of Iceland including surrounding islands and territorial waters subject to Icelandic jurisdiction.
Period covered: 1/1/1965 -      
The preceding statement concerns Article(s) : 2

 

    Ireland :


Declaration contained in a letter from the Department for Foreign Affairs of Ireland, dated 25 April 1984, registered at the Secretariat General on 2 May 1984 - Or. Engl.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

Blind Persons Act, 1920.
Social Welfare (Supplementary Welfare Allowances Act), 1975.
Mental Treatment Act, 1945.
Health Act, 1953.
Health and Mental Treatment Act, 1957.
Health and Mental Treatment (Amendment) Act, 1958.
Health Act, 1970.

Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention

Endorsement of the Department of Justice on passports or on travel documents and notations on police registration certificates by police of such endorsements.
Period covered: 2/5/1984 -                                 
The preceding statement concerns Article(s) : 1, 11, 16


Interpretation of the terms: "nationals" and "territory"

a Nationals : Citizens of Ireland.
b Territory : That part of the national territory of the whole island of Ireland for the time being under the jurisdiction of the Government of Ireland.
Period covered: 1/7/1954 -      
The preceding statement concerns Article(s) : 2

 

    Italy :


Declaration contained in a letter from the Permanent Representative of Italy, dated 22 October 1990, registered at the Secretariat General on 22 October 1990 - Or. Fr.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

a. Single text of the laws on public order of 18 June 1931, No. 773, Art. 142, et seq., governing the sojourn of aliens in Italy.
b. Law of 17 July 1890, No. 6972 on public assistance and welfare institutions Art. 76-77 and Administrative Regulation of 5 February 1891, No. 99, Art. 112 and 116 relating to invalids and needy persons in general.
c. Law of 14 February 1904, No. 36, Art. 6 and Regulations of 16 August 1909, No. 615, Art. 55, 56, 75, 76 and 77 relating to the insane.
d. Law of 23 December 1978, No. 833, concerning the setting up of the National Health Service : Articles 6, 33, 34, 35.
e. Legislative Decree of 30 December 1979, No. 663 (Article 5), converted into the Law of 29 February 1980, No. 33, Article 1.
f. Law of 4 May 1990, No. 107 concerning the activities of transfusion relating to human blood and of the production of derived plasmas.
g. Law of 26 May 1990, concerning toxic dependencies.
h. Law of 5 June 1990, concerning AIDS.
i. Ministerial Decree of 27 September 1990. Compulsory National Health Service Insurance for unemployed workers from the European Communities living in Italy.
l. Presidential Decree No. 309 of 1 October 1990. A single body of laws on narcotics, prevention, treatment and rehabilitation of drug users.
m. Law No. 104 of 5 February 1992 which provides the legal framework for assistance, social integration and rights of the disabled.
n. Law No. 210 of 25 February 1992. Compensation for victims of irreversible complications owing to compulsory vaccination and to transfusion and administration of blood products.
o. Law No. 67 of 18 March 1993 on "Urgent provisions for health matters and social assistance".
p. Law No. 222 of 14 July 1993 on "Urgent provisions for treatment for individuals who are HIV positive or drug-dependent".
q. Law No. 590 of 17 October 1994 on "Urgent provisions for the organisation of local health offices".
Period covered: 22/10/1990 -                     
The preceding statement concerns Article(s) : 1, 16




Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention


Certificates of civil status accompanied by various other supporting documents including one or more identity certificates worded in the usual form.
Period covered: 1/8/1958 -         
The preceding statement concerns Article(s) : 11


Interpretation of the terms: "nationals" and "territory"

a Nationals : All citizens of the State and all persons to whom the nationality laws of the State have been extended, including all stateless persons residing on the territory of the State.
b Territory : The national metropolitan territory.
Period covered: 1/8/1958 -      
The preceding statement concerns Article(s) : 2

 

    Luxembourg :


Declaration contained in a letter from the Permanent Representative of Luxembourg, dated 29 November 1999, registered at the Secretariat General on 30 November 1999 - Or. Fr.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

Law of 28 May 1897, concerning emergency residence (domicile de secours).
Law of 7 August 1923, rendering compulsory the training of the blind and the deaf and dumb.
Law of 30 July 1960 concerning the setting-up of a National Solidarity Fund.
Law of 14 March 1973 setting up institutes and services of differentiated education.
Amended Law of 16 April 1979, creating a special allowance for the seriously handicapped.
Amended Law of 26 July 1980, concerning the advancing and recovery of maintenance allowances by the National Solidarity Fund.

Law of 26 July 1986,
a. establishing entitlement to a guaranteed minimum income
b. creating a social welfare service
c. amending the Law of 30 July 1960, concerning the setting up of a National Solidarity Fund.

Law of 16 June 1989, amending the above-mentioned Law of 26 July 1986.
Law of 2 May 1989, creating a care allowance and organising placement in a Care Centre.
Grand-Ducal Regulation of 23 October 1989, concerning the membership and powers of the National, Medical, Psychological and Pedagogical Committee.
Grand-Ducal Regulation of 19 June 1990 creating a service of educative assistance named Child Guidance Service.
Grand-Ducal Regulation of 19 June 1990, organising the child guidance service.

Law of 28 June 1994 amending and supplementing:
a) the amended Law of 10 August 1912 on the organisation of the primary education,
b) the amended Law of 14 March 1973 setting up institutes and services of differentiated education, in favour of the participation of children affected by a disability for ordinary education and of their scholar integration.

Grand-Ducal Regulation of 9 January 1998 concerning:
a) the membership and powers of national and regional or local medical, psychological and pedagogical committees,
b) the procedure of school orientation of children affected by a disability as well as the modalities of their schooling.

Grand-Ducal Order of 9 January 1998 setting-up a re-educational ambulatory service.
Grand-Ducal Regulation of 9 January 1998 organising the re-educational ambulatory service.
Period covered: 30/11/1999 -                     
The preceding statement concerns Article(s) : 1, 2


Declaration contained in a letter from the Permanent Representative of Luxembourg, dated 15 october 1990, registered at the Secretariat General on 16 October 1990 - Or. Fr.

Annex II - Reservations formulated by the Contracting Parties

The Government of Luxembourg has formulated the following reservations :

a. Without prejudice to the provisions of Article 18, the Luxembourg Government reserves the right to apply the Convention as far as it concerns Article 7 only under the condition that the person concerned has been a resident for at least ten years.

b. The Government of Luxembourg makes a general de jure reservation in respect of the extension of the benefits of the law of 30 July 1960 concerning the setting-up of a National Solidarity Fund to foreign nationals.

Nevertheless, paragraph 3 of Article 2 of the said law determines the cases in which it also applies to stateless persons and foreigners and it is to the extent thus laid down in the law itself that the Government of Luxembourg intends to apply it de facto.
Period covered: 16/10/1990 -         
The preceding statement concerns Article(s) : 7


Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention

Alien''s Identity Card.
Period covered: 18/11/1958 -         
The preceding statement concerns Article(s) : 11


Interpretation of the terms: "nationals" and "territory"

a Nationals : Persons of Luxembourg nationality.
b Territory : The territory of the Grand Duchy of Luxembourg.
Period covered: 1/12/1958 -      
The preceding statement concerns Article(s) : 2

 

    Malta :


Declaration contained in a letter from the Permanent Representative of Malta, dated 14 February 2000, registered at the Secretariat General on 15 February 2000 - Or. Engl.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

Social Security Act 1987 as last amended by Act XVI of 1990, dated 20 April 1990.
European Social Charter Order, 1999 (Legal Notice 204/1999).
Period covered: 15/12/2000 -                     
The preceding statement concerns Article(s) : 1, 16


Declaration contained in a letter from the Permanent Representative of Malta, dated 3 April 1973, registered at the Secretariat General on 9 April 1973 - Or. Engl.

Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention

Endorsement on passport or residence permit.
Period covered: 9/4/1973 -      
The preceding statement concerns Article(s) : 11

 

    Netherlands :


Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 13 January 2000, registered at the Secretariat General on 14 January 2000 - Or. Engl.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

Act of 12 April 1995 containing new regulations pertaining to the provision of social assistance by the authorities, known as the new National Assistance Act ("Staatsblad", Bulletin of Acts, Orders and Decrees, 1995, No. 199), entered into force 1 January 1996, together with additions and amendments enacted by the following legislation :
Act of 10 July 1995, Stb. 355; Act of 14 December 1995, Stb. 676; Act of 21 December 1995, Stb. 690, 691 and 696; Act of 8 February 1996, Stb. 134; Act of 25 April 1996, Stb. 248; Act of 29 November 1996, Stb. 619; Act of 6 February 1997, Stb. 63; Act of 26 February 1997, Stb. 96; Act of 10 April 1997, Stb. 162; Act of 24 April 1997, Stb. 178, in connection with the Act of 24 December 1997, Stb. 794; Act of 24 April 1997, Stb. 197; Act of 2 May 1997, Stb. 193; Act of 11 September 1997, Stb. 465; Act of 24 October 1997, Stb. 515; Act of 6 November 1997, Stb. 510; Act of 4 December 1997, Stb. 760; Act of 17 December 1997, Stb. 660 et 728; Act of 24 December 1997, Stb. 789 and 791; Act of 26 March 1998, Stb. 203; Act of 2 April 1998, Stb. 205; Act of 9 April 1998, Stb. 278; Act of 22 April 1998, Stb. 289; Act of 23 April 1998, Stb. 290; Act of 11 June 1998, Stb. 412; Act of 1st July 1998, Stb. 451 and Act of 24 November 1998, Stb. 742.

The following General Administrative Orders (Royal Decrees) enacted on the basis of the National Assistance Act :
- Government Assistance Scheme for Self-employed Persons of 12 April 1995 (Stb. 203), as amended by Decree of 24 February 1996, Stb. 153;
- Mortgage Guarantee Decree of 12 April 1995 (Stb. 204), as amended by Decree of 2 October 1995, Stb. 496.

Various ministerial orders (and amendments thereto) pertaining to the implementation of the provisions of the above General Administrative Orders and/or to specifying them in greater detail.
Period covered: 14/1/2000 -                     
The preceding statement concerns Article(s) : 1, 16


Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 11 october 1990, registered at the Secretariat General on 12 october 1990 - Or. Engl.

Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention

a Temporary residence permit.
b Residence card issued to nationals of EEC member States.
c Permanent residence permit.
d Residence permit issued indefinitely ex art. 10, para 2 of the Aliens Act.
Period covered: 12/10/1990 -         
The preceding statement concerns Article(s) : 11


Interpretation of the terms: "nationals" and "territory"

a Nationals : Persons of Netherlands nationality.
b Territory : The territory of the Kingdom in Europe.
Period covered: 1/10/1954 -      
The preceding statement concerns Article(s) : 2

 

    Norway :


Declaration contained in a letter from the Permanent Representative of Norway, dated 27 April 1982, registered at the Secretariat General on 28 April 1982 - Or. Engl.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

Act of 5 June 1964 concerning social care.
Period covered: 28/4/1982 -                     
The preceding statement concerns Article(s) : 1, 16


Declaration contained in a letter from the Permanent Representative of Norway, dated 27 April 1982, registered at the Secretariat General on 28 April 1982 - Or. Engl.

Annex II - Reservations formulated by the Contracting Parties

The Government of Norway has formulated the following reservation :

Norway and the Federal Republic of Germany decided by exchange of Notes (2 to 6 September 1965) not to make use of Articles 7 and 14 in the European Convention of 11 December 1953 on social and medical assistance.
Period covered: 28/4/1982 -         
The preceding statement concerns Article(s) : 7


Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention

Extract from the Register of Aliens.
Period covered: 1/10/1954 -         
The preceding statement concerns Article(s) : 11


Interpretation of the terms: "nationals" and "territory"

a Nationals : Persons of Norwegian nationality according to the Norwegian Nationality Act of 8th December 1950.
b Territory : The Kingdom of Norway, with the exception of Svalbard. The Agreements will not apply to the Svalbard (Spitzbergen) Archipelago, although these territories form a part of the Kingdom, owing to the fact that the Norwegian social security system has not been extended to the said territories.
Period covered: 1/10/1954 -      
The preceding statement concerns Article(s) : 2

 

    Portugal :


Declaration contained in a letter from the Permanent Representative of Portugal, dated 29 November 1999, registered at the Secretariat General on 30 november 199 - Or. Fr. - ant confirmed by a letter from the Permanent Representation of Portugal, dated 8 February 2000, registered at the Secretariat General on 9 February 2000 - Or. Fr.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

- Constitution of the Portuguese Republic, Article 63 (social security).
- Law No 28/84, of 14 August 1984, establishing bases for the social security system provided for by the Constitution and the welfare assistance to be provided by social security institutions, together with private non-profit making initiatives with aims similar to those of state institutions.
- Order in Council No 2/86, of 2 January 1986, defining principles to which establishments, public or private, meant for young persons in transit or definitively deprived of family ground have to conform to.
- Order in Council No 68/86, of 27 March 1986, setting the legal scheme of the housing allowance.
- Order in Council No 19/88, of 21 January 1988 (amended by Order in Council no. 202/89, of 22 June 1989), approving the law on hospital management.
- Regulation No 3/88, of 22 January 1988, (amended by Regulations No 7/89, of 4 March 1989, and 14/90, of 6 June 1990) introducing amendments with regard to the overall functioning of hospitals and their services.
- Order in Council No 245/90, of 27 July 1990, establishing the rules governing local social security services.
- Law No 48/90, of 24 August 1990 (Health Act).
- Order in Council No 322/91, of 26 August 1991, approving the Statute of the "Santa Casa da Misericórdia de Lisboa" (non-governmental organisation).
- Order in Council No 391/91, of 10 October 1991, establishing the legal scheme of the family reception of old persons and disabled adults.
- Order in Council No 118/92, of 25 June 1992, establishing regulations for the joint funding of medicines by the State.
- Order in Council No 190/92, of 3 September 1992, establishing the legal scheme of the family reception of children and young persons.
- Order in Council No 10/93, of 15 January 1993, establishing the new organisation of the Ministry of Health.
- Order in Council No 11/93, of 15 January 1993, approving the Statute of the National Health Service.
- Order in Council No 217/93, of 16 June 1993, approving the organizational diagram of the Directorate General of Health.
- Order in Council No 260/93, of 23 July 1993, reorganising regional social security centres.
- Order in Council No 198/95, of 29 July 1995, creating the identity card of the beneficiaries of the National Health Service.
- Law No 19-A/96, of 29 June 1996, setting the guaranteed minimum income within the non-contributory scheme of social security as well as the creation of a social integration program.
- Order in Council No 122/97, of 20 May 1997, establishing the new organizational diagram of the Directorate General of Health.
- Order in Council No 196/97, of 31 July 1997, setting regulations for the Law No 19-A/96, of 29 June 1996 (guaranteed minimum income).
- Order-in-Council no. 115/98, of 4 May 1998, approving the Organic Law of the Ministry of Labour and Solidarity.
- Law no. 107/99, of 3 August 1999, establishing the public network of supporting homes for women victims of violence.

Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention

Chapter V of Order in Council No 60/93, of 3 March 1993, listing the residence permits to be issued to individuals described in Article 3 of the above-mentioned Order in Council.
Regulation No 43/93, of 15 December 1993, in so far as it is not in opposition with the provisions of the Order-in-council no. 244/98, of 8 August 1998, on the entry, stay, exit and expulsion of foreigners into and from the national territory.
CHapter VII, Articles 80 to 89 of Order-in-Council no. 244/98, of 8 August 1998, with the modifications introduced by the Order-in-Council no. 97/99, of 26 July 1999, on the residence authorization in Portugal.
Article 6, paragaph 2, of Law no. 15.98, of 26 March 1998, and Article 61 of Order-in-Council no. 244/98, of 8 August 1998, on the documents proving that an individual is a refugee.
Period covered: 30/11/1999 -                                 
The preceding statement concerns Article(s) : 1, 11, 16


Interpretation of the terms: "nationals" and "territory"

a Nationals : Persons of Portuguese nationality.
b Territory : The metropolitan territory of Portugal and the archipelagoes of the Azores and Madeira.
Period covered: 1/5/1978 -      
The preceding statement concerns Article(s) : 2

 

    Spain :


Declaration contained in the instrument of ratification deposited on 21 november 1983 - Or. Fr.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

Framework law of 22 November 1944 relating to National Health.
Law No. 37 of 21 July 1961 relating to hospital co-ordination.
General Law of 30 May 1974 on Social Security.
Decree No. 2176 of 25 August 1978 relating to the activities of the National Plan for the prevention of mental deficiencies.
Royal Decree-Law No. 276 of 16 November 1978 relating to the institutional management of Social Security, health and employment.
Royal Decree No. 1949 of 31 July 1980 relating to the transfer of Government services to the Generalitat of Catalonia in the field of health and social services and assistance.
Royal Decree No. 2768 of 26 September 1980 relating to the transfer of Government services to the Autonomous Community of the Basque country in the fields of health and social services and assistance.
Royal Decree No. 620 of 5 February 1981 relating to the unified regime of public assistance to defectives.
Royal Decree No. 2620 of 24 July 1981, Regulations governing the grant of aid from the National Fund for Social Assistance to the aged, sick and infirm.
Royal Decree No. 2347 of 2 October 1981, Regulations of the Secretariat General for Social Assistance.
Royal Decree No. 2346 of 8 October 1981 relating to the structure and functions of the National Institute for Social Assistance.
Royal Decree No. 251 of 15 January 1982 relating to the transfer of powers, functions and departments of the National Administration to pre-autonomous entities in the field of social services and assistance.

Resolutions of 30 January 1982 of the Directorate General for Social Action laying down rules governing the grant of social assistance :
- to drug addicts and alcoholics;
- for the maintenance of assistance centres and departments for the marginalised and the aged; for the support of the activities of associations and federations;
- for the maintenance of young-childhood assistance centres;
- individually and sporadically to persons in need;
- to lepers;
- for the purchase, construction, extension, reform and equipment of centres for the aged and marginalised.

- Order of 16 February 1982 for the setting up of centralised management centres under the National Institute for Social Assistance.
Order of 5 March 1982 in furtherance of Decree No. 620.

Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention

Residence permit recorded in the passport or identity document issued by the Provincial Civil Governor.
Decree No. 522 of 14 February 1974.
Royal Decree No. 1775 of 24 July 1981.
Residence permit and work permit in one document.
Royal Decree No. 1031 of 3 May 1980.
Document delivered in conformity with Order of 16 May 1979, provisional regulations relating to the recognition in Spain of the status of refugee.
Period covered: 1/12/1983 -                                 
The preceding statement concerns Article(s) : 1, 11, 16


Interpretation of the terms: "nationals" and "territory"

a Nationals : Concerning the term "national", the Spanish Constitution (Art. 11.1) provides that "Spanish nationality is acquired, maintained and lost in accordance with the provisions of the law".
"Nationals" or "Spanish" are therefore those persons which the Civil Code considers as such in its Articles 17 to 28, either by their origin or on the grounds expressly laid down by law.

b Territory : Concerning the term "territory", reference must be made to the "Spanish territory" or to Spain as mentioned in Article 8 of the Civil Code.
The geographical and juridical determination of the Spanish territory is very complex and is made, not only by means of international treaties with neighbouring States, but also by means of other rules of international law (territorial sea, continental shelf, economic zone, air space, ships, etc.).
Period covered: 21/8/1985 -      
The preceding statement concerns Article(s) : 2

 

    Sweden :


Declaration contained in a letter from the Permanent Representative of Sweden, dated 5 October 1990, registered at the Secretariat General on 9 October 1990 - Or. Engl.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

Social Services Act of 19 June 1980, No. 620.
Health and Medical Services Act (SFS 1982 : 763).
Period covered: 9/10/1990 -                     
The preceding statement concerns Article(s) : 1, 16


Declaration contained in a letter from the Permanent Representative of Sweden, dated 13 December 1982, registered at the Secretariat General on 13 December 1982 - Or. Engl.

Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention

Residence Permit.
Period covered: 13/12/1982 -         
The preceding statement concerns Article(s) : 11


Interpretation of the terms: "nationals" and "territory"

a Nationals : Citizens of Sweden.
b Territory : The territory of Sweden.
Period covered: 1/10/1955 -      
The preceding statement concerns Article(s) : 2

 

    Turkey :


Declaration contained in a letter from the Permanent Representative of Turkey, dated 2 December 1999, registered at the Secretariat General on 8 December 1999 - Or. Fr.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

Law concerning Public Hygiene, No. 1593, Articles 72/2, 99, 105 and 117.
Law No. 7402 relating to the campaign against malaria, Article 3/B.
Law No. 6972, Regulations governing hospital institutions, Articles 57/C and 79.
Regulations governing Parents-Teachers Associations.
Law No. 1739 on National Education as amended by the Law No. 43061 of 16 August 1997.
Period covered: 8/12/1999 -                     
The preceding statement concerns Article(s) : 1, 16


Declaration contained in the instrument of ratification deposited on 2 December 1976 - Or. Fr.

Annex III - List of documents recognised as affording proof of residence, referred to in Article 11 of the Convention


Alien''s Residence Permit.
Period covered: 1/1/1977 -         
The preceding statement concerns Article(s) : 11


Interpretation of the terms: "nationals" and "territory"

a Nationals : Persons possessing Turkish nationality.
b Territory : The territory under Turkish sovereignty.
Period covered: 1/10/1955 -      
The preceding statement concerns Article(s) : 2

 

    United Kingdom :


Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 26 June 1991, registered at the Secretariat General on 28 June 1991 - Or. Engl.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

Great Britain: The Social Security Act 1986 and regulations made thereunder so far as the Act and regulations relate to Income Support and Family Credit; and the Social Security Act 1986 and regulations made and directions given thereunder so far as the Act regulations and directions relate to payments payable out of the Social Fund referred to in the directions as Crisis Loans.

Northern Ireland: The Social Security (Northern Ireland) Order 1986 and regulations made thereunder so far as the Order and regulations relate to Income Support and Family Credit; and the Social Security (Northern Ireland) Order 1986 and regulations made and directions given thereunder so far as the Order regulations and directions relate to payments payable out of the Social Fund referred to in the directions as Crisis Loans.

Laws and regulations concerning Great Britain, Northern Ireland and the Isle of Man establishing National health services.
Period covered: 28/6/1991 -                     
The preceding statement concerns Article(s) : 1, 16


Annex II - Reservations formulated by the Contracting Parties

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

Her Majesty''s Government reserve the right to free themselves from their obligation under Article 1 in respect of any person who may be repatriated by virtue of the provisions of Article 7 but who fails to take advantage of the facilities offered for his repatriation (including free transport to the frontier of his country of origin).
Period covered: 1/10/1954 -         
The preceding statement concerns Article(s) : 7


Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 22 April 1981, registered at the Secretariat General on 23 April 1981 - Or. Engl.

Annex I - Legislative measures regarding assistance referred to in Article 1 of the Convention :

An endorsement in the passport or other travel document; a residence permit issued to nationals of EEC member States; or a police certificate of registration.
Period covered: 23/4/1981 -         
The preceding statement concerns Article(s) : 11


Interpretation of the terms: "nationals" and "territory"

a Nationals : Citizens of the United Kingdom and Colonies.
b Territory : England, Wales, Scotland, Northern Ireland and the Isle of Man, but not the Channel Islands or other territories for whose international relations the United Kingdom Government are responsible; nevertheless, consideration may be given later to the question of extending the application of the Agreements to the Channel Islands.
Period covered: 1/10/1954 -      
The preceding statement concerns Article(s) : 2

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