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Annex IV — Interpretation of the terms “nationals” and “territory” Europees Verdrag betreffende sociale en medische bijstand

Interpretation of the terms “nationals” and “territory”

Paragraph 4 of Article 1 of the European Interim Agreements on Social Security (ETS No. 12 and ETS No. 13) and paragraph 1(b) of Article 2 of the Convention on Social and Medical Assistance (ETS No. 14) provide that the terms “nationals” and “territory” of a Contracting Party shall have the meaning assigned to them by such a party in a declaration addressed to the Secretary General of the Council of Europe for communication to other Contracting Parties.

The meanings assigned to these terms by the member Governments of the Council of Europe in the communications which they have addressed to the Secretary General are as follows.

Belgium

Nationals | Persons possessing Belgian nationality.

Territory | Belgian metropolitan territory, excluding the Belgian Congo and Ruanda-Urundi.

Cyprus

Nationals | Persons having at 1 December 1968 acquired or being entitled to acquire, citizenship of the Republic of Cyprus, in accordance with the provisions of Annex D to the Treaty of Establishment, or those who acquire that citizenship in accordance with the Republic’s Nationality Act, 1967.

Territory | The territory of the Republic of Cyprus.

Czech Republic

Nationals | Citizens of the Czech Republic.

Territory | The territory of the Czech Republic.

Denmark

Nationals | Persons possessing Danish nationality.

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.

Estonia

Nationals | Estonian nationals.

Territory | Territory under the jurisdiction of the Republic of Estonia.

France

Nationals | All persons of French nationality, all nationals of the French Union, except those of the Association States, and all French protected persons.

Territory | Metropolitan France and its overseas departments (Guadeloupe, French Guiana, Martinique and Réunion).

Germany

Nationals | All Germans within the meaning of the Basic Law of the Federal Republic of Germany.

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 Berlin1), and this notification shall be binding on the Contracting Parties as from the first day of the month following such notification.

1) Note by the Secretariat: The territorial declaration concerning Land Berlin ended on 3 October 1990.

Greece

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.

Territory | All Greek territory, including the Greek islands, as defined by international treaties at present in force.

Iceland

Nationals | All persons legally enjoying the right of Icelandic citizenship.

Territory | The territory of Iceland including surrounding islands and territorial waters subject to Icelandic jurisdiction.

Ireland

Nationals | Citizens of Ireland.

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.

Italy

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.

Territory | The national metropolitan territory.

Latvia

Nationals | Citizens of the Republic of Latvia;

Non-citizens of the Republic of Latvia who are subjects of the Law on the Status of Former USSR Citizens who are not Citizens of Latvia or any other State.

Territory | All the territory of the Republic of Latvia which is in its jurisdiction in conformity with international law.

Lithuania

Nationals | The physical persons who are citizens of the Republic of Lithuania as defined by the laws of the Republic of Lithuania.

Territory | The territory of the Republic of Lithuania, including the territorial sea and any maritime or submarine area within which the Republic of Lithuania may exercise, in accordance with international law, rights for the purpose of exploration, exploitation and preservation of the sea-bed, sub-soil and natural resources.

Luxembourg

Nationals | Persons of Luxembourg nationality.

Territory | The territory of the Grand Duchy of Luxembourg.

Netherlands

Nationals | Persons of Netherlands nationality.

Territory | The territory of the Kingdom in Europe.

Norway

Nationals | Persons of Norwegian nationality according to the Norwegian Nationality Act of 8th December 1950.

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.

Portugal

Nationals | Persons of Portuguese nationality.

Territory | The metropolitan territory of Portugal and the archipelagoes of the Azores and Madeira.

Spain

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.

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.).

Sweden

Nationals | Citizens of Sweden.

Territory | The territory of Sweden.

Turkey

Nationals | Persons possessing Turkish nationality.

Territory | The territory under Turkish sovereignty.

United Kingdom of Great Britain and Northern Ireland

Nationals | Citizens of the United Kingdom and Colonies.

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.

Regeling
Europees Verdrag betreffende sociale en medische bijstand
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Verdrag
Geldend vanaf
22-02-2016
BWB-id
BWBV0005096
Versie
2016-02-22_0

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