Jersey R & O 6700
Family Allowances (Jersey) Law, 1972.
Social Security (Jersey) Law, 1974.
____________
FAMILY ALLOWANCES AND SOCIAL SECURITY (RECIPROCAL AGREEMENT WITH
PORTUGAL) (JERSEY) ACT, 1979.
____________
(Promulgated on the 19th day of September, 1979).
____________
STATES OF JERSEY.
____________
The 11th day of
September, 1979.
____________
WHEREAS at London on 15th November, 1978
a Convention on Social Security between the Government of the United Kingdom of
Great Britain and Northern Ireland and the Government of Portugal (which
Convention is set out in the Schedule to this Act and is hereinafter referred
to as “the Convention”) was signed on behalf of the said
Governments;
AND WHEREAS by Article
36 of the Convention it is provided that the Convention shall enter into force
on the first day of the third month following the month in which the
instruments of ratification are exchanged;
AND WHEREAS the said
instruments of ratification were exchanged on the 19th day of July, 1979 and,
accordingly, the Convention enters into force on the first day of October,
1979;
AND WHEREAS by Article
24 of the Family Allowances (Jersey) Law, 1972 and
Article 48 of the Social Security (Jersey) Law, 1974 it is
provided that the States may by Act make provision for modifying or adapting
those Laws in their application to cases affected by agreements with other
governments providing for reciprocity in matters specified in those Articles;
NOW, THEREFORE, the
States in pursuance of Article 24 of the Family Allowances (Jersey) Law, 1972 and Article 48 of the Social Security (Jersey) Law,
1974, and of all other powers enabling them in that
behalf, have made the following Act:
-
1. The
provisions contained in the Convention shall have full force and effect, so far
as the same relate to the Island of Jersey and provide by way of agreement with
the Government of Portugal for reciprocity with that Government in any matters
specified in either the said Article 243 or the said Article 48;4 and the Family
Allowances (Jersey) Law, 1972 and the Social Security (Jersey) Law, 1974 shall
have effect subject to such modification as may be required therein for the
purpose of giving effect to any such provisions.
2. This
Act may be cited as the Family Allowances and Social Security (Reciprocal
Agreement with Portugal) (Jersey) Act, 1979.
E.J.M. POTTER,
Greffier of the States.
SCHEDULE
“CONVENTION ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF PORTUGAL
The Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of Portugal;
Being resolved to co-operate in the field of social affairs and, in
particular in the matter of social security;
Desirous of promoting the welfare of persons moving between or
working in the territories of their own two countries;
Desirous of ensuring that persons from both countries shall enjoy
equal rights under their respective social security legislation;
Desirous of making arrangements for insurance periods completed
under the legislation of the Contracting Parties to be added together for the
purpose of determining the right to receive benefit;
Desirous further of making arrangements enabling persons who go
from the territory of one Party to the territory of the other either to keep
the rights which they have acquired under the legislation of the former Party
or to enjoy corresponding rights under the legislation of the latter;
Have agreed as follows:
PART I
General Provisions
ARTICLE
1
(1) For
the purpose of this Convention:
(i) “the
United Kingdom” means the United Kingdom of Great Britain and Northern
Ireland, and “Portugal” means the Portuguese Republic;
(ii) “territory”
means, in relation to the United Kingdom, England, Scotland, Wales, Northern
Ireland and also the Isle of Man, the Island of Jersey and the Islands of
Guernsey, Alderney, Herm and Jethou and, in relation to Portugal, the territory
of Portugal in the Continent and the Archipelagos of Azores and Madeira;
(iii) “legislation”
means the legislation specified in Article 2 of this Convention which is in
force in the territory of one or the other Contracting Party or in any part of
that territory;
(iv) “competent
authority” means the authority responsible for the social security
schemes in all or part of the territory of each Contracting Party; in relation
to the territory of the United Kingdom, the Secretary of State for Social
Services, the Department of Health and Social Services for Northern Ireland,
the Isle of Man Board of Social Security, the Social Security Committee of the
States of Jersey or the States of Guernsey Insurance Authority as the case may
require, and in relation to Portugal, the Minister responsible for the
implementation of the Portuguese legislation;
(v) “insurance
authority” means the authority competent to decide entitlement to the
benefit in question;
(vi) “competent
institution” means the authority from which the person concerned is
entitled to receive benefit or would be entitled to receive benefit if he were
resident in the territory of the Party where that authority is situated;
(vii) “insured”
means, in relation to the territory of the United Kingdom, that contributions
have been paid or are payable by, or in respect of, or have been credited in
respect of, the person concerned, and for the purposes of Section VI of Part
III of this Convention, that the person is, or is treated as being, an employed
person, and in relation to Portugal that contributions have been paid, or are
payable by, or have been considered to have been paid in respect of, the person
concerned;
(viii) “insurance
period” means a contribution period or an equivalent period;
(ix) “contribution
period” means a period in respect of which contributions appropriate to
the benefit in question are payable, have been paid or treated as paid under
the legislation of one or the other Party;
(x) “equivalent
period” means, in relation to the territory of the United Kingdom, a
period for which contributions appropriate to the benefit in question have been
credited under the legislation of that Party and, in relation to Portugal a
period admitted as equivalent to a contribution under Portuguese legislation;
(xi) “dependant”
means a person who would be treated as such for the purpose of any claim for
benefit in respect of a dependant under the legislation of the territory of the
United Kingdom or Portugal;
(xii) “pension”,
“allowance” or “benefit” includes any increase of, or
any additional amount payable with a pension, allowance or benefit respectively;
(xiii) “sickness
benefit” means, in relation to the territory of the United Kingdom,
sickness benefit payable under the legislation of that Party and, in relation
to Portugal, sickness benefit as defined in Portuguese legislation, including
tuberculosis benefit;
(xiv) “maternity
benefit” means, in relation to the territory of the United Kingdom,
maternity grant and maternity allowance payable under the legislation of that
Party; and in relation to Portugal, maternity allowance payable under
Portuguese legislation;
(xv) “invalidity
pension” means, in relation to the territory of the United Kingdom,
invalidity benefit payable under the legislation of that Party, and any
sickness benefit as defined in the legislation of the United Kingdom which
becomes payable for a period of interruption of employment as defined in that
legislation to a person who has received such benefit for 312 days of that
period while he was in the territory of either Party and is, in the opinion of
the insurance authority of the territory of the United Kingdom, likely to
remain permanently incapable of work; and in relation to Portugal an invalidity
pension as defined in Portuguese legislation;
(xvi) “old age
pension” includes, in relation to the territory of the United Kingdom, a
retirement pension payable under the legislation of that Party and, in relation
to Portugal, means a retirement pension payable under Portuguese legislation;
(xvii) “survivor’s
benefit” means, in relation to the territory of the United Kingdom, widow’s
allowance, widowed mother’s allowance and widow’s pension payable
under the legislation of that Party and, in relation to Portugal survivor’s
pension and death benefit payable under Portuguese legislation;
(xviii) “industrial
injury benefit” includes, in relation to the territory of the United
Kingdom, accident benefit payable under the legislation specified in Article
2(1)(a)(iii) of this Convention;
(xix) “death
grant” includes, in relation to the legislation of Portugal, a funeral
grant payable under that legislation;
(xx) “family
allowance” includes, in relation to the territory of the United Kingdom,
child benefit payable under the legislation of that Party;
(xxi) “ship
or vessel” means, in relation to the territory of the United Kingdom, any
ship or vessel, whose port of registry is a port in that territory, or, in the
case of a hovercraft, which is registered in that territory, provided that the
owner (or managing owner if there is more than one owner) has a place of
business in that territory, and, in relation to Portugal, any ship or boat
registered in a port located in Portuguese territory or which may be owned by a
company established in Portuguese territory and having its registered office
and principal place of business in the same territory and flying the Portuguese
flag;
(xxii) “gainfully
occupied” means being an employed or self-employed person;
(xxiii) “employed
person” means a person who comes within the definition of an employed
person or an employed earner or a person who is treated as such in the
applicable legislation and the words “person is employed” shall be
construed accordingly;
(xxiv) “employment”
means employment as an employed person and the words “employ”,
“employed” or “employer” shall be construed
accordingly;
(xxv) “self-employed
person” means a person who comes within the definition of a self-employed
person or a self-employed earner or a person who is treated as such in the
applicable legislation and the words “person is self-employed”
shall be construed accordingly;
(xxvi) “seasonal
worker” means a person subject to the legislation of Portugal or Jersey
who goes to the territory of Portugal or Jersey (not being the one in which he
ordinarily resides) in order to carry out in that territory for an employer or
undertaking with a place of business there employment of a seasonal character,
the duration of which cannot in any case exceed eight months, and who remains
in that territory for the duration of his employment; a reference to the
territory or legislation of the Islands of Guernsey, Alderney, Herm or Jethou
may be substituted in this definition for a reference to the territory or
legislation of Jersey as the case may require; “employment of a seasonal
character” means employment which depends on the cycle of the seasons and
which recurs automatically each year.
(2) Other
words and expressions which are used in this Convention have the meanings
respectively assigned to them in the legislation concerned.
ARTICLE
2
(1) The
provisions of this Convention shall apply:
(a) in relation to the territory
of the United Kingdom, to:
(i) the
Social Security Act 1975 and the Social Security (Northern Ireland) Act 1975;
the Social Security Pensions Act 1975 and the Social Security Pensions
(Northern Ireland) Order 1975;
(ii) the
Social Security Act 1975 and the Social Security Pensions Act 1975 (Acts of
Parliament) as applied to the Isle of Man by orders made under the provisions
of the Social Security Legislation (Application) Act 1974 (an Act of Tynwald);
(iii) the
Social Security (Jersey) Law, 1974;
(iv) the
Social Insurance (Guernsey) Law 1964;
(v) the
Child Benefit Act 1975, the Child Benefit (Northern Ireland) Order 1975, and
the Child Benefit Act 1975 (an Act of Parliament) as applied to the Isle of Man
by the Social Security Legislation (Application) Act 1974 (an Act of Tynwald);
the Family Allowances (Jersey) Law 1972 and the Family Allowances (Guernsey)
Law 1950;
and the legislation which was consolidated by those Acts, Laws or
Orders or repealed by legislation consolidated by them;
(b) in relation to the territory
of Portugal, to:
(i) the
Social Welfare and family allowance general scheme in reference to sickness,
maternity (cash benefits), disablement, old age, survivors, family allowance
and complementary benefits;
(ii) the
Social Welfare or family allowance special schemes;
(iii) work
injury and occupational diseases;
(iv) unemployment
benefits.
(2) Subject
to the provisions of paragraphs (4) and (5) of this Article, this Convention
shall apply also to any legislation which supersedes, replaces, amends,
supplements or consolidates the legislation specified in paragraph (1) of this
Article.
(3) This
Convention shall apply, unless both Parties agree otherwise, only to benefits
described in the legislation specified in paragraph (1) of this Article at the
date of coming into force of this Convention and for which specific provision
is made in this Convention.
(4) This
Convention shall apply to any legislation which relates to a branch of social
security not covered by the legislation specified in paragraph (1) of this
Article, only if the two Parties make an agreement to that effect.
(5) This
Convention shall not apply to any agreement on social security which either
Party has concluded with a third party or to any laws or regulations which amend
the legislation specified in paragraph (1) of this Article for the purpose of
giving effect to such an agreement.
ARTICLE
3
A person subject to the legislation of one Contracting Party who
becomes resident in the territory of the other Party shall, together with his
dependants, be subject to the obligations and shall enjoy the advantages of the
legislation of the other Party under the same conditions as a national of that
Party, subject to any special provision of this Convention.
ARTICLE
4
(1) Subject
to the provisions of paragraph (2) of this Article and Articles 14 to 22 of
this Convention, a person who would be entitled to receive an old age pension,
survivor’s benefit, invalidity pension, or any pension, allowance or
gratuity payable in respect of an industrial injury or industrial disease under
the legislation of one Contracting Party if he were in the territory of that
Party, shall be entitled to receive that pension, benefit, allowance or
gratuity while he is in the territory of the other Party, as if he were in the
territory of the former Party.
(2) A
person who is entitled to receive an old age pension or survivor’s
benefit under the legislation of the territory of the United Kingdom and who
would be entitled to an increase in the rate of that pension or benefit if he
were in that territory shall, if he is in the territory of Portugal, after the
date of coming into force of this Convention, be entitled to receive any such
increase prescribed after that date by that legislation; but nothing in this
paragraph shall confer entitlement to receive any such increases prescribed
before that date by that legislation.
(3) Subject
to the provisions of later Articles of this Convention, where under the
legislation of one Party, any benefit or any increase in benefit would be
payable for a dependant if he were in the territory of that Party, it shall be
paid while he is in the territory of the other Party.
PART II
Provisions which determine the
legislation applicable
ARTICLE
5
(1) Subject
to the following provisions of this Article and the provisions of Articles 6 to
9 of this Convention, where a person is gainfully occupied, his liability to be
insured shall be determined under the legislation of the Contracting Party in
whose territory he is so occupied.
(2) Where
a person is employed in the territory of both Parties for the same period, his
liability to be insured shall be determined only under the legislation of the
Party in whose territory he is ordinarily resident.
(3) Where
a person is self-employed in the territory of both Parties for the same period,
his liability to be insured shall be determined under the legislation of the
Party in whose territory he is ordinarily resident.
(4) Where
a person is employed in the territory of one Party and self-employed in the
territory of the other Party for the same period, his liability to be insured
shall be determined only under the legislation of the former Party.
(5) For
the purposes of the provisions of paragraphs (3) and (4) of this Article,
“liability to be insured” shall not include liability to pay a
Class 4 contribution under the legislation of the territory of the United
Kingdom.
(6) Where
a person is not gainfully occupied, any liability to be insured shall be
determined under the legislation of the Party in whose territory he is
ordinarily resident.
(7) Where,
but for the provisions of this paragraph, a person would be entitled to pay
contributions voluntarily under the legislation of both Parties for the same
period, he shall be entitled to pay contributions only under the legislation of
one Party according to his choice.
ARTICLE
6
(1) Where
a person, who is insured under the legislation of one Contracting Party and is
employed by an employer in the territory of that Party, is sent by that
employer to work in the territory of the other Party, the legislation of the
former Party shall continue to apply to him as if he were employed in the
territory of that Party provided that the employment in the territory of the
latter Party is not expected to last for more than twelve months and that he is
not sent to replace another employee who has completed his period of posting.
No contributions shall be payable in respect of his employment under the
legislation of the latter Party. Where, for unforeseen reasons his employment
in the territory of the latter Party continues after such period of twelve
months, the legislation of the former Party shall continue to apply to him for
any further period of not more than twelve months, provided that the competent
authority of the latter Party agrees thereto before the end of the first period
of twelve months.
(2) The
following provisions shall apply to any person employed as a member of the
travelling personnel of an undertaking engaged in the transport of passengers
or goods by railway, road or air, whether for another undertaking or on its own
account:
(a) subject to the
provisions of sub-paragraphs (b) and
(c) of this paragraph, where a person
is employed by an undertaking which has its principal place of business in the
territory of one Party, the legislation of that Party shall apply to him, even
if he is employed in the territory of the other Party;
(b) subject to the
provisions of sub-paragraph (c) of
this paragraph, where the undertaking has a branch or agency in the territory
of one Party and a person is employed by that branch or agency, the legislation
of that Party shall apply to him;
(c) where a person is
ordinarily resident in the territory of one Party and is employed wholly or
mainly in that territory, the legislation of that Party shall apply to him,
even if the undertaking which employs him does not have its principal place of
business or branch or any agency in that territory.
ARTICLE
8
(1) This
Convention shall not apply to established members of the Diplomatic Service of
either Contracting Party.
(2) Subject
to the provisions of paragraph (1) of this Article, where any person, who is in
the Government Service of one Party or in the service of any public corporation
of that Party, is employed in the territory of the other Party, the legislation
of the former Party shall apply to him as if he were employed in its territory.
(3) Subject
to the provisions of paragraphs (1) and (2) of this Article, where a person who
is ordinarily resident in the territory of either Party is employed in a
diplomatic mission or consular post of one Party in the territory of the other
Party, or in the private service of an official of such a mission or post, the
legislation of the latter Party shall apply to him, but within three months of
the entry into force of this Convention or within three months of the beginning
of the employment in the territory of the latter Party whichever is later, he
may choose to be insured under the legislation of the former Party, provided
that he was so insured immediately before the commencement of the employment at
that mission or post.
ARTICLE
9
The competent authorities of the Contracting Parties may agree to
modify the provisions of Articles 5 to 8 of this Convention in respect of
particular persons or categories of persons, where this is in the interest of
such persons.
PART III
Special provisions
Section I
Special provisions relating to the
application of the legislation of the territory of the United Kingdom
ARTICLE
10
(1) For
the purpose of calculating an earnings factor for entitlement to any benefit
referred to in Sections II to VII of this Part of this Convention and provided
under the legislation specified in Article 2(1)(a)(i) and (ii) of this Convention a person shall be treated for each
week beginning in a relevant tax year under the legislation of the territory of
the United Kingdom, the whole of which week is a contribution period completed
as an employed person under the legislation of Portugal, as having paid a
contribution as an employed earner on earnings equivalent to two-thirds of that
year’s weekly upper earnings limit.
(2) For
the purpose of calculating the appropriate contribution factor to establish
entitlement to any benefit referred to in Sections II to VII of this Part of this
Convention and provided under the legislation specified in Article 2(1)(a)(iii) of this Convention a person
shall be treated:
(a) for each month in a
contribution period completed under the legislation of Portugal, being a month
in the relevant quarter, as having paid contributions which derive a quarterly
contribution factor of 0.334 for that quarter;
(b) for each month in a
contribution period completed under the legislation of Portugal, being a month
in the relevant year as having paid contributions which derive an annual
contribution factor of 0.0834 for that year;
(c) for each month, the
whole of which is an equivalent period under the legislation of Portugal as if
a contribution had been credited to him under the legislation of the territory
of the United Kingdom in the same manner as a contribution period is treated
under the provisions of sub-paragraphs (a)
and (b) of this paragraph.
(3) For
the purpose of converting to an insurance period any earnings factor achieved
in any tax year under the legislation specified in Article 2(1)(a)(i) and (ii) of this Convention the
competent authority of the territory of the United Kingdom shall divide the
earnings factor by that year’s lower earnings limit. The result shall be
expressed as a whole number, any remaining fraction being ignored. The figure
so calculated, subject to a maximum of the number of weeks during which the
person was subject to that legislation in that year, shall be treated as
representing the number of weeks in the insurance period completed under that
legislation.
(4) For
the purpose of converting to an insurance period any contribution factor
achieved under the legislation of the territory of the United Kingdom,
specified in Article 2(1) (a) (iii)
of this Convention, the competent authority of the territory of the United
Kingdom shall:
(a) in the case of a
quarterly contribution factor, multiply the factor achieved by a person in a
quarter by three; and
(b) in the case of an
annual contribution factor, multiply the factor achieved by a person in a year
by twelve.
The result shall be expressed as a whole number, any remaining
fraction being ignored. The figure so calculated, subject to a maximum of the
numbers of months during which the person was subject to that legislation in a
quarter or in a year, as the case may be, shall be treated as representing the
number of months in the insurance period completed under that legislation.
(5) Where
it is not possible to determine accurately the periods of time in which certain
periods of insurance were completed under the legislation of one Party, such
periods shall be treated as if they did not overlap with periods of insurance
completed under the legislation of the other Party, but they shall be taken
into account to the best advantage of the beneficiary.
Section II
Sickness benefit and maternity benefit
ARTICLE
11
(1) Where
a person has, since his last arrival in the territory of one Contracting Party,
completed a contribution period under the legislation of that Party, then for
the purpose of any claim for sickness benefit or maternity benefit made under
the legislation of that Party, any insurance period, completed under the
legislation of the other Party, shall, subject to the provisions of Article 10
of this Convention, be treated as if it were an insurance period completed
under the legislation of the former Party.
(2) Subject
to the provisions of paragraph (3) of this Article, where a person would be
entitled to sickness benefit or maternity allowance under the legislation of
one Party if he were in the territory of that Party he shall be entitled to
that benefit or allowance while he is in the territory of the other Party if:
(a) his condition
necessitates immediate treatment during a stay in the territory of the latter
Party and he submits to the competent institution of the former Party a
certificate of incapacity for work, issued by the doctor treating him, within
three days of commencement of incapacity for work or such longer period as the
competent institution may allow; or
(b) having become entitled
to sickness benefit or maternity allowance under the legislation of the former
Party, he is authorised by the competent institution to return to the territory
of the Party where he resides or to transfer his residence to the territory of the
other Party; or
(c) he is authorised by the
competent institution of the former Party, to go to the territory of the latter
Party to receive there the treatment appropriate to his condition.
The authorisation required in accordance with sub-paragraph (b) of this paragraph may be refused only
if it is established that movement of the person concerned would be prejudicial
to his state of health or the receipt of medical treatment.
(3) Where
a seasonal worker who is entitled to sickness benefit by virtue of the
provisions of this Article in the territory of Portugal goes to Jersey or the
Islands of Guernsey, Alderney, Herm or Jethou or where such a person is in the
Island of Jersey or the Islands of Guernsey, Alderney, Herm or Jethou and goes
to the territory of Portugal, he shall be entitled to continue to receive such
benefit for a period of not more than thirteen weeks from the date of his
departure from the territory of Portugal or the Island of Jersey or the Islands
of Guernsey, Alderney, Herm or Jethou as the case may be.
(4) Where,
but for the provisions of this paragraph, a person would be entitled to
sickness benefit or maternity allowance under the legislation of both Parties
for the same period whether by virtue of this Convention or otherwise, that benefit
or allowance shall be granted only under the legislation under which the person
was last insured before entitlement arose.
ARTICLE
12
(1) Where
a woman who is insured under the legislation of one Contracting Party, or who
is the wife of a person so insured, is confined in the territory of the other
Party, she shall, for the purpose of any right to maternity grant under the
legislation of the former Party, be treated as if she had been confined in the
territory of the former Party.
(2) Where
a woman would be entitled to a maternity grant under the legislation of both
Parties in respect of the same confinement whether by virtue of this Convention
or otherwise:
(a) the grant shall be
payable only under the legislation of the Party in whose territory the
confinement occurs; or
(b) if the confinement does
not occur in the territory of either Party, the grant shall be payable only
under the legislation of the Party under which the woman, or her husband, as
the case may be, was last insured before the confinement.
Section III
Unemployment benefit
ARTICLE
13
(1) Where
a person has, since his last arrival in the territory of one Contracting Party,
completed a contribution period under the legislation of that Party, he shall
be treated, for the purpose of a claim for unemployment benefit under the
legislation of that Party, as if any insurance period or period of employment
completed under the legislation of the other Party were an insurance period or
period of employment, as the case may be, completed under the legislation of
the former Party.
Provided that:
(a) periods of insurance or
periods of employment completed under the legislation of Jersey shall not be
taken into account for the purpose of determining entitlement to unemployment
benefit under the legislation of Portugal, and
(b) periods of insurance or
periods of employment completed under the legislation of Portugal shall be
taken into account for the purpose of determining entitlement to unemployment
benefit only under the legislation specified in Article 2(1)(a) (i),(ii) and (iv), of this
Convention.
(2) Where
a person claims unemployment benefit under the legislation of one Party by
virtue of paragraph (1) of this Article, any period for which he received such
benefit under the legislation of the other Party during the last 12 months
before the day for which his claim is made shall be taken into account as if it
were a period for which he had received such benefit under the legislation of
the former Party.
Section IV
Invalidity pension
ARTICLE
14
(1) Where
a person has been insured under the legislation of both Contracting Parties,
the insurance authority in the territory of the Party whose legislation was
applicable at the time when incapacity for work followed by invalidity occurred
shall determine, in accordance with that legislation, whether the person
concerned satisfied the conditions for entitlement to invalidity pension taking
account, where appropriate, of any insurance period or any period of sickness
benefit or invalidity pension which that person has completed under the
legislation of the other Party as if it were an insurance period completed
under the legislation of the former Party.
(2) When,
according to the provisions of the preceding paragraph, a Portuguese
institution is responsible for the payment of the invalidity pension, the
insurance periods fulfilled by a British or a Portuguese subject according to
the legislation of the United Kingdom shall be taken into account, for the
purpose of determining the amount of the pension, as if they had been periods
of Portuguese contribution, provided that they do not overlap the latter. The
average salary to be considered is determined according to the salaries
obtained during the insurance period fulfilled under Portuguese legislation. This
provision shall only apply if the duration of the Portuguese insurance period
is of at least twelve months.
(3) If
the provision of invalidity pension determined under paragraph (1) of this
Article is to be resumed following suspension or cessation, the competent
institution responsible for the payment of invalidity pension at the time of
suspension or cessation shall remain responsible for its payment, provided that
the illness is the same as the one which caused the original invalidity and it
occurs within a period of thirteen weeks from the date of the suspension or
cessation of invalidity pension.
(4) Where
a person would be entitled to receive for the same incapacity and for the same
period invalidity pension under the legislation of one Party and sickness
benefit under the legislation of the other Party, whether by virtue of this
Convention or otherwise, he shall be entitled to receive only the invalidity
pension or sickness benefit, as the case may be, payable under the legislation
of the Party in whose territory the incapacity began, in accordance with the
provisions of paragraph (1) of this Article.
(5) For
the purposes of determining entitlement to additional component payable under
the legislation of the United Kingdom, no account shall be taken of any
contribution period completed under the legislation of Portugal.
Section V
Old age pension and survivor’s
benefit
ARTICLE
15
(1) Where
a person is entitled to an old age pension under the legislation of a
Contracting Party, or under the legislation of any one part of the territory of
a Contraction Party, otherwise than by virtue of the provisions of this
Convention, that pension shall be payable and the provisions of Article 16 of
this Convention shall not apply under that legislation.
(2) For
the purposes of determining entitlement to additional component payable under
the legislation of the United Kingdom, no account shall be taken of any
contribution period completed under the legislation of Portugal; and for the
purposes of this Article and Article 16 of this Convention additional component
shall be treated as a separate benefit to which the provisions of that Article
16 do not apply.
ARTICLE
16
(1) The
provisions of this Article shall apply for the purpose of determining
entitlement to old age pension in respect of a person under the legislation of
a Contracting Party or the legislation of any one part of the territory of a
Contracting Party under which there is no entitlement in respect of that person
in accordance with the provisions of Article 15 of this Convention.
(2) The
insurance authority of that Party or of that one part of the territory of a
Contracting Party shall determine:
(a) first the amount of the
theoretical pension which would be payable if all the insurance periods
completed by that person under the legislation of both Parties had been
completed under its own legislation; and then
(b) the proportion of such
theoretical pension which bears the same relation to the whole as the total of
the insurance periods completed by him under the legislation of that Party or
of that part bears to the total of all the insurance periods which he has
completed under the legislation of both Parties.
The proportionate amount thus calculated shall be the rate of
pension actually payable to that person by the competent institution.
(3) For
the purposes of the calculation in paragraph (2) of this Article, where all the
insurance periods completed by any person under the legislation of:
(a) either the United
Kingdom or the Isle of Man amount to less than one reckonable or, as the case
may be, qualifying year, or relate only to periods before 6 April 1975 and in
aggregate amount to less than 50 weeks;
(b) Jersey, Guernsey or
Portugal in aggregate amount to less than 12 months in any one country,
those periods shall be treated as if they had been completed under
the legislation of another part of the territory of that Party under which a
pension is, or if such periods are taken into account would be, payable, or
under the legislation of that part which would be most beneficial to that
person or, where no pension is or would be payable under the legislation of any
other part of that territory, under the legislation of the other Party.
(4) For
the purposes of applying the provisions of paragraph (2) of this Article:
(a) the insurance authority
of the territory of the United Kingdom shall take account only of insurance
periods which are taken into account for the determination of pensions under
the legislation of that Party;
(b) where a person
satisfies the conditions required by Portuguese legislation to be entitled to
an old age pension solely by virtue of the provisions of paragraphs (1) to (3)
of this Article, the competent Portuguese institution shall calculate the
amount of the benefit to which the beneficiary is entitled, only on the basis
of insurance periods or equivalent periods completed in accordance with the
applicable Portuguese legislation;
(c) no account shall be
taken of any graduated contributions paid under the legislation of the
territory of the United Kingdom and the amount of any graduated benefit payable
by virtue of such contributions shall be added to the amount of any pension
payable in accordance with paragraph (2) of this Article under that
legislation;
(d) subject to
sub-paragraph (e) of this paragraph
where a compulsory insurance period completed under the legislation of one
Party coincides with a voluntary insurance period completed under the
legislation of the other Party only the compulsory insurance period shall be
taken into account; provided that the amount of pension payable under the
legislation of the territory of the United Kingdom under the provisions of
paragraph (2) of this Article shall be increased by the amount by which the
pension payable under the legislation of that Party would have been increased
if all voluntary contributions paid under that legislation had been taken into
account;
(e) where a voluntary
insurance period completed under the legislation of Portugal coincides with a
compulsory insurance period completed under the legislation of the territory of
the United Kingdom, the insurance authority of Portugal shall only take into
account the period completed under its own legislation;
(f) where a
contribution period completed under the legislation of one Party coincides with
an equivalent period completed under the legislation of the other Party, only
the contribution period shall be taken into account;
(g) where an equivalent
period completed under the legislation of one Party coincides with an
equivalent period completed under the legislation of the other Party, account
shall be taken only of the equivalent period completed under the legislation
under which the insured person was last insured before the day when the periods
in question began or, if he was never insured before that day, under the
legislation under which he first became insured after the day when the periods
in question ended;
(h) where it is not
possible to determine accurately the period of time in which certain insurance
periods were completed under the legislation of one Party, such insurance
periods shall be treated as if they did not overlap with insurance periods
completed under the legislation of the other Party and shall, where
advantageous, be taken into account.
(5) Where
the total amount of the benefits granted by the competent institution of both
Parties to a person who has his residence in Portugal, is less than the minimum
amount fixed by the Portuguese legislation, the competent Portuguese
institution shall pay the difference between the two amounts to the person
concerned.
ARTICLE
17
Where a person does not simultaneously satisfy the conditions for
entitlement to an old age pension under the legislation of both Contracting
Parties, his entitlement under the legislation of one Party shall be
established as and when he satisfies the conditions laid down by the
legislation of that Party. The provisions of Article 16 of this Convention
shall be applied where there is no entitlement under the provisions of Article
15 of this Convention to an old age pension under the legislation of that Party
and his entitlement shall be determined afresh under those provisions when the
conditions under the legislation of the other Party are satisfied.
ARTICLE
18
(1) The
provisions of this Article shall apply to any increase of, or supplement to, an
old age pension under the legislation specified in paragraph (1) (a) (i), (ii) or (iv) of Article 2 of
this Convention in respect of a dependent child or children.
(2) Where
a person is entitled to an old age pension only under the legislation specified
in paragraph (1) (a)(i), (ii) or (iv)
of Article 2 of this Convention the increase or supplement shall be payable
only under that legislation.
ARTICLE
19
The provisions contained in Articles 15 to 18 of this Convention
shall apply, with such modifications as the differing nature of the benefits
shall require, to survivors’ benefits.
Section VI
Benefits for industrial injuries and
diseases
ARTICLE
20
(1) Where
a person is employed in the territory of one Contracting Party and the
legislation of the other Party applies to him in accordance with any of the
provisions of Articles 5 to 9 of this Convention he shall be treated under that
legislation for the purpose of any claim for benefit in respect of an
industrial accident or an industrial disease contracted during that employment,
as if the accident had occurred or the disease had been contracted in the
territory of the latter Party.
(2) Where
a person sustains an accident after he leaves the territory of one Party to go
in the course of his employment to the territory of the other Party but before
he arrives in the latter territory, then, for the purpose of any claim for
benefit in respect of that accident:
(a) the accident shall be
treated as if it had occurred in the territory of the Party whose legislation
applies to him at the time the accident occurred, and
(b) his absence from the
territory of that Party shall be disregarded in determining whether his
employment was as an employed person under that legislation.
(3) Where
a person would be entitled to receive an allowance in respect of incapacity for
work as the result of an industrial accident or disease under the legislation
of one Party if he were in the territory of that Party, he shall be entitled to
receive that benefit while he is in the territory of the other Party if:
(a) he is temporarily
resident in the territory of the latter Party; or
(b) having become entitled
to such benefit he is authorised by the competent institution to return to the
territory of the Party where he resides, or to transfer his residence to the
territory of the other Party; or
(c) he is authorised by the
competent institution of the former Party to go to the territory of the latter
Party to receive there the treatment appropriate to his condition.
The authorisation required in accordance with sub-paragraph (b) of this paragraph may be refused only
if it is established that movement of the person concerned would be prejudicial
to his state of health or the receipt of medical treatment.
ARTICLE
21
(1) Where
a person has sustained an industrial injury or contracted an industrial
disease, in respect of which the legislation of one Contracting Party applies,
and later sustains an industrial injury or contracts an industrial disease in
respect of which the legislation of the other Party applies, then for the
purpose of determining the degree of his disablement under the legislation of
the latter Party, account shall be taken of the former injury or disease as if
the legislation of the latter Party applied to it.
(2) Where
a person contracts an industrial disease, after having been employed in the
territory of only one Party in occupations to which, under the legislation of
that Party, the disease may be attributed, the legislation of that Party shall
apply in his case, even if the disease is first diagnosed in the territory of
the other Party. This shall apply also in relation to any aggravation of the
disease, provided that the person has not in the meantime been further exposed
to the same risk in the territory of the latter Party.
(3) Where
a person contracts an industrial disease, after having been employed in the
territories of both Parties in an occupation to which the disease may be
attributed, under the legislation of both Parties, and he would be entitled to
receive benefit in respect of that disease under the legislation of both
Parties, whether by virtue of this Convention or otherwise, the benefit shall
be payable only under the legislation of the Party in whose territory he was
last employed in that occupation before the disease was diagnosed.
(4) Where
a person has suffered an aggravation of an industrial disease for which benefit
has been paid in accordance with the provisions of paragraphs (2) and (3) of
this Article, the following provisions shall apply:
(a) if the person has not
had further employment in occupations to which the disease or the aggravation
may be attributed, or has had such employment only in the territory of the
Party under whose legislation benefit has been paid, any additional benefit to
which he may become entitled as a result of such aggravation shall be payable
only under that legislation;
(b) if the person makes a
claim under the legislation of the Party in whose territory he is employed on
the grounds that he has suffered an aggravation of the disease while he was
employed in the territory of that Party in occupations to which, under the
legislation of that Party, the aggravation may be attributed, the competent
institution of that Party shall be liable to pay benefit only in respect of the
aggravation as determined under the legislation of that Party.
ARTICLE
22
Where, but for the provisions of this Article, and subject to the
provisions of Article 21(4)(b) of
this Convention, a person would have been entitled to any benefit payable in
respect of an industrial injury or disease under the legislation of both
Contracting Parties, that benefit shall be granted exclusively under the
legislation of the territory in which the person was last employed.
Section VII
Death grant
ARTICLE
23
For the purpose of any claim for death grant under the legislation
of one Contracting Party any insurance period completed under the legislation
of the other Party shall be treated as if it were an insurance period completed
under the legislation of the former Party.
ARTICLE
24
(1) Where
a person dies in the territory of one Contracting Party, his death shall be
treated, for the purpose of any claim for a death grant under the legislation
of the other Party, as if it had occurred in the territory of the latter Party.
(2) Where
there would be entitlement to death grant under the legislation of both Parties
in respect of the same death, whether by virtue of this Convention or
otherwise:
(a) the grant shall be
payable only under the legislation of the Party in whose territory the death
occurs; or
(b) if the death does not
occur in the territory of either Party, a grant shall be paid only under the
legislation of the Party under whose legislation the person on whose insurance
the right to the grant is determined, was last insured before the death.
Section VII
Guardian’s allowance payable under
the legislation of the territory of the United Kingdom
ARTICLE
25
(1) For
the purpose of any claim for guardian’s allowance under the legislation
of the territory of the United Kingdom any insurance period or period of
presence completed under the legislation of or in the territory of Portugal, as
the case may be, shall be treated as if it were respectively an insurance
period or period of presence completed under the legislation of, or in the
territory of, the United Kingdom.
(2) Where
a person would be entitled to receive guardian’s allowance under the
legislation of the territory of the United Kingdom if that person or the orphan
for whom the benefit is claimed was resident in the territory of that Party, it
shall be paid while that person, or the orphan, is resident in the territory of
Portugal.
(3) Where,
but for the provisions of this paragraph, a person would be entitled to receive
guardian’s allowance under the legislation of the territory of the United
Kingdom and survivor’s benefit for a child payable under the legislation
of Portugal in respect of the same orphan, whether by virtue of this Convention
or otherwise, he shall be entitled to receive the allowance or benefit, as the
case may be, only under the legislation of the Party in whose territory the
orphan is ordinarily resident.
Section IX
Family allowance
ARTICLE
26
(1) Where
a person is resident in the territory of one Contracting Party and the
legislation of the other Party applies to him in accordance with any of the
provisions of Articles 5 to 9 of this Convention, he or his spouse residing
with him shall be treated for the purpose of any claim for family allowance
under the legislation of the latter Party:
(a) as if he were present
or resident, as the case may be, in the territory of the latter Party, and
(b) as if any child of his
family or any child for whom he is responsible were present or resident, as the
case may be, in the territory of the latter Party, provided that the child is
present or resident, as the case may be, in the territory of the former Party.
(2) Where
a person is resident in the territory of one Party together with any child of
his family or any child for whom he is responsible and the provisions of
Articles 5 to 9 of this Convention do not apply to him, then for the purpose of
entitlement to family allowance under the legislation of that Party in respect
of that child, any insurance period or any period of presence or residence, as
the case may be, completed in the territory of the other Party, shall be
treated as if it were an insurance period or a period of presence or residence
respectively completed by that person in the territory of the former Party.
(3) Where
a person is resident in the territory of one Party and his family is resident
in the territory of the other Party and the provisions of Articles 5 to 9 of
this Convention do not apply to him, his entitlement to family allowance shall
only be determined under the legislation of the latter Party. For the purpose
of determining that entitlement, any insurance period or period of presence or
residence, as the case may be, completed in the territory of the former Party
shall be treated as if it were an insurance period or period of presence or
residence respectively completed in the territory of the latter Party.
(4) Where,
but for the provisions of this paragraph, family allowance would be payable
under the legislation of both Parties for the same period in respect of the
same child, whether by virtue of this Convention or otherwise, family allowance
shall be paid only under the legislation of the Party in whose territory that
child is ordinarily resident.
Section X
Recovery of advance payments and overpayments
of benefit
ARTICLE
27
Where a competent institution of one Contracting Party has made an
advance payment of any benefit for any period, any arrears of a corresponding
benefit which become payable for the same period under the legislation of the other
Party may be withheld, provided that the amount so withheld shall not exceed
the amount of the advance payment. Where a competent institution of one Party
has overpaid benefit for any period for which the competent institution of the
other Party afterwards becomes liable to pay a corresponding benefit, the
overpayment shall be regarded, for the purposes of the first sentence of this
paragraph, as an advance payment.
PART IV
Miscellaneous provisions
ARTICLE
28
(1) The
competent authorities of the two Contracting Parties shall establish the
administrative measures necessary for the application of this Convention.
(2) The
competent authorities of the two Parties shall communicate to each other, as
soon as possible, all information about the measures taken by them for the
application of this Convention or about changes in their national legislation
in so far as these changes affect the application of the provisions of this
Convention.
(3) The
competent authorities, insurance authorities or competent institutions of the
two Parties may, for the purpose of applying the provisions of this Convention,
correspond directly with one another, or with any person affected by this
Convention, or with his legal representative.
(4) For
the purpose of facilitating the implementation of the provisions of this
Convention, liaison offices shall be established.
ARTICLE
29
(1) The
competent authorities, insurance authorities and competent institutions of the
two Contracting Parties shall assist one another on any matter relating to the
application of this Convention as if the matter were one affecting the
application of their own legislation. This assistance shall be free of charge.
(2) Where
any benefit is payable under the legislation of one Party to a person in the
territory of the other Party, the payment may be made by the competent
institution of the latter Party, at the request of the competent institution of
the former Party.
(3) Where
a person who is in the territory of one Party has claimed benefit under the
legislation of the other Party and a medical examination is necessary, the
competent institution of the former Party, at the request of the competent
institution of the latter Party, shall arrange for this examination. The cost
of such examination shall be met by the competent institution of the former
Party.
ARTICLE
30
(1) Where
the legislation of one Contracting Party provides that any certificate or other
document which is submitted under the legislation of that Party shall be
exempt, wholly or partly, from any taxes, legal dues, consular fees or
administrative charges, this exemption shall apply to any certificate or other
document which is submitted under the legislation of the other Party or under
the provisions of this Convention.
(2) All
statements, documents and certificates of any kind required to be produced for
the purposes of this Convention shall be exempt from authentication by
diplomatic or consular authorities.
ARTICLE
31
Where any certificate, document or written statement of any kind is
submitted to a competent authority of one Contracting Party, it shall not be
rejected on the ground that it is written in the official language of the other
Party.
ARTICLE
32
(1) Any
claim, notice or appeal which should, for the purposes of the legislation of
one Contracting Party, have been submitted within a prescribed period to the
insurance authority or a Court of that Party, shall be treated as if it had
been submitted to that authority or Court if it is submitted within the same
period to an insurance authority or Court of the other Party.
(2) Any
claim for benefit submitted under the legislation of one Party shall be deemed
to be a claim for the corresponding benefit under the legislation of the other
Party in so far as this corresponding benefit is payable in accordance with the
provisions of this Convention.
(3) Any
document submitted under the legislation of Portugal may, where appropriate, be
treated as a notice of retirement given under the legislation of the territory
of the United Kingdom.
(4) In
any case to which the provisions of paragraph (1), (2) or (3) of this Article
apply, the authority to which the claim, notice, appeal or document has been
submitted shall transmit it without delay to the insurance authority of the
other Party.
ARTICLE
33
(1) Payment
of any benefit in accordance with the provisions of this Convention may be made
in the currency of the Contracting Party whose competent institution makes the
payment and any such payment shall constitute a full discharge of the
obligation.
(2) Where
the competent institution of one Party has made a payment of benefit on behalf
of the competent institution of the other Party in accordance with the
provisions of paragraph (2) of Article 29 of this Convention any reimbursement
of the amounts paid by the former competent institution shall be in the
currency of the latter Party.
(3) Any
remittance to be made in accordance with the provisions of this Convention
shall be made in accordance with any agreement binding the Parties at the time
when such remittance is made.
ARTICLE
34
A person shall not be entitled, whether by virtue of this
Convention or otherwise, to sickness benefit, invalidity pension or maternity
allowance under the legislation of one Contracting Party for any period during
which he is entitled to benefit, other than a pension or allowance except
Injury Benefit or Unemployability Supplement payable under the legislation of
the territory of the United Kingdom in respect of an industrial accident or
disease under the legislation of the other Party.
ARTICLE
35
(1) Any
dispute about the interpretation or application of this Convention shall be
resolved through agreement between the competent authorities of each
Contracting Party.
(2) If
any such dispute cannot be resolved in this manner, it shall be submitted, at
the request of either Party, to an arbitration tribunal which shall be composed
in the following manner:
(a) Each Party shall
appoint a referee within one month from receipt of the demand for arbitration.
The two referees shall appoint, from the nationals of a third country, a third
referee within two months from the date on which the Party which was the last
to appoint its referee has notified the other Party of the appointment.
(b) If within the
prescribed period either Party should fail to appoint a referee, the other
Party may request the President of the International Court of Justice to make
the appointment. A similar procedure shall be adopted at the request of either
Party if the two referees cannot agree on the appointment of the third referee.
(3) The
decision of the arbitration tribunal shall be by majority vote. Its decision
shall be binding on both Parties. Each Party shall bear the expenses of the
referee appointed by it. The remaining costs shall be borne equally by the two
Parties. The arbitration tribunal shall determine its own rules of procedure.
PART V
Transitional and final provisions
ARTICLE
36
(1) Benefit,
other than lump sum payments, shall be payable in accordance with the
provisions of this Convention in respect of events which happened before the
date of its entry into force, except that an accident which occurred or a
disease which developed before that date shall not, solely by virtue of this
Convention, be treated as an industrial accident or disease if it would not
have been so treated under any legislation or Convention having effect at the
time of its occurrence or development. For the purpose of determining claims in
accordance with the provisions of this Convention, account shall be taken of
insurance periods and periods of residence, employment or presence, completed
before the date of its entry into force.
(2) Paragraph
(1) of this Article shall not confer any right to receive payment of benefit
for any period before the date of the entry into force of this Convention.
ARTICLE
37
Negotiations shall take place at a time determined by both
Contracting Parties to be appropriate for the purpose of concluding a
supplementary agreement which shall add to this Convention arrangements for the
payment of child benefit.
ARTICLE
38
This Convention shall be ratified and the instruments of
ratification shall be exchanged at Lisbon as soon as possible. The Convention
shall enter into force on the first day of the third month following the month
in which the instruments of ratification are exchanged.
ARTICLE
39
This Convention shall remain in force for an indefinite period.
Either Contracting Party may denounce it by giving six months’ notice in
writing to the other Party.
ARTICLE
40
In the event of the termination of this Convention, any right to
benefit acquired by a person in accordance with its provisions shall be
maintained and negotiations shall take place for the settlement of any other
rights then in course of acquisition by virtue of those provisions.
In witness whereof the undersigned, duly authorised by their
respective Governments, have signed this Convention.
Done in duplicate at London this 15th day of November 1978, in the
English and Portuguese languages, both texts being equally authoritative.
For the Government of the United Kingdom of Great Britain and
Northern Ireland:
DAVID OWEN
For the Government of Portugal:
C. CORREA GAGO”.
PROTOCOL CONCERNING MEDICAL TREATMENT
At the time of signing the Convention on Social Security concluded
this day between the Government of the United Kingdom of Great Britain and
Northern Ireland and the Government of Portugal (hereinafter referred to as
“the Convention”) the undersigned,
Desiring to provide the nationals of each of the two Contracting
Parties during their stay in the territory of either Party with necessary
medical treatment,
Have agreed as follows:
ARTICLE 1
(1) For
the purpose of this Protocol, the terms:
(a) “medical
treatment” means:
(i) in
relation to the United Kingdom, services provided in accordance with the
National Health Service legislation in force during the period of validity of
this Protocol;
(ii) in
relation to the Islands of Guernsey, Alderney, Herm and Jethou, hospital
treatment under the same conditions as a national who is resident in those islands;
(iii) in
relation to the Island of Jersey, hospital medical and nursing services,
including dental, ophthalmic and pharmaceutical services provided by or through
the Hospital Services provided by the Public Health Committee of the States;
(iv) in relation
to Portugal the various benefits guaranteed by the “Services
Médico – Sociais” to their users;
(b) “nationals”
means:
(i) in
relation to the United Kingdom, all British subjects and British protected
persons who are recognised by the Government in the United Kingdom as their
nationals, provided in each case they are ordinarily resident in the territory
of the United Kingdom as defined in Article 1(1) (ii) of the Convention or in
Portugal;
(ii) in
relation to Portugal a person ordinarily resident in Portugal or in the
territory of the United Kingdom for whom a Portuguese passport valid for entry
into the United Kingdom has been issued.
(2) All
other terms and expressions have the meaning assigned to them in the
Convention.
ARTICLE 2
(1) In
the case of a national needing:
(a) immediate medical
treatment during his temporary stay in the territory of the other Contracting
Party, and
(b) any medical treatment
while he is ordinarily resident in the territory of the other Party,
the latter Party shall, on production of a valid passport, afford
the necessary medical treatment under the same conditions, including payment of
charges normally met by nationals, as apply to a person ordinarily resident in
the territory of that Party.
(2) For
the purposes of Portuguese legislation and the protection of certain groups of
Portuguese nationals, it is agreed that:
(a) Portuguese nationals
who are employed in the territory of the United Kingdom and members of their
family, as defined in Portuguese legislation, residing with them in that
territory shall be afforded, during their temporary stay in Portugal, medical
and pharmaceutical treatment under the same conditions as such treatment is
afforded to persons insured under the Portuguese legislation;
(b) family members residing
in Portugal of workers employed in the territory of the United Kingdom shall be
afforded medical and pharmaceutical treatment under the same conditions in
which such treatment is afforded to the family members of workers insured in
Portugal;
(c) Portuguese nationals
residing in Portugal and benefiting from a pension payable under the social
security legislation of the United Kingdom, and their families, shall be
afforded medical and pharmaceutical treatment under the same conditions as it
is afforded to pensioners of the Portuguese social security system and their
families.
(3) The
provisions of this Article shall not apply to a national of the one Party who
goes to the other for the express purpose of obtaining medical treatment under
this Protocol.
ARTICLE 3
(1) The
Department of Health and Social Security of the United Kingdom of Great Britain
and Northern Ireland and the Secretary of State for Health of Portugal shall be
responsible for the proper execution of this Protocol.
(2) These
authorities shall send to each other as soon as possible details of any changes
in laws or regulations operating in the territories of their respective States
which may significantly affect the nature and scope of services provided under
this Protocol.
ARTICLE 4
Any disagreement relating to the interpretation or application of
this Protocol shall be resolved by consultations between the Contracting
Parties.
ARTICLE 5
(1) This
Protocol shall remain in force subject to the provisions of Article 39 of the
Convention.
(2) Amendments
and additions to this Protocol shall require agreement in writing between the
Contracting Parties.
ARTICLE 6
This Protocol shall be ratified and shall enter into force in
accordance with the provisions of Article 38 of the Convention.
In witness whereof the undersigned, duly authorised thereto by
their respective Governments, have signed this Protocol.
Done in duplicate at London this 15th day of November 1978, in the
English and Portuguese languages, both texts being equally authoritative.
For the Government of the United Kingdom of Great Britain and
Northern Ireland:
DAVID OWEN
For the Government of Portugal:
C. CORREA GAGO.