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Download XMLEuropean Convention on social and medical assistance
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Belgium | Yes | No |
| Denmark | Yes | No |
| Estonia | Yes | No |
| France | Yes | No |
| Germany | Yes | No |
| Greece | Yes | No |
| Iceland | Yes | No |
| Ireland | Yes | No |
| Italy | Yes | No |
| Luxembourg | Yes | No |
| Malta | Yes | No |
| Netherlands, the Kingdom of the | Yes | No |
| Norway | Yes | No |
| Portugal | Yes | No |
| Spain | Yes | No |
| Sweden | Yes | No |
| Türkiye | Yes | No |
| United Kingdom | Yes | No |
Belgium
19-10-1981
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.
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.
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.
Denmark
01-12-2000
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.
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.
Estonia
20-07-2004
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.
The Republic of Estonia shall bear the costs provided in Article 8, paragraph a, according
to the Aliens Act.
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.
France
21-06-1991
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.
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).
Germany
11-10-1990
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.
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".
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.
07-11-2001
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).
19-12-2011
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:
- 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).
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.
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.
Greece
29-10-1990
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".
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.
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.
Iceland
04-12-1964
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.
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.
Ireland
02-05-1984
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.
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.
Italy
22-10-1990
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".
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.
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.
Luxembourg
16-10-1990
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.
Annex III - List of documents recognised as affording proof of residence, referred
to in Article 11 of the Convention
Alien''s Identity Card.
Interpretation of the terms: "nationals" and "territory"
a Nationals : Persons of Luxembourg nationality.
b Territory : The territory of the Grand Duchy of Luxembourg.
30-11-1999
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.
Malta
09-04-1973
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.
15-02-2000
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).
Netherlands, the Kingdom of the
12-10-1990
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.
Interpretation of the terms: "nationals" and "territory"
a Nationals: Persons of Netherlands nationality.
b Territory: The territory of the Kingdom in Europe.
14-01-2000
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.
22-02-2016
The Kingdom of the Netherlands, for the European part of the Netherlands, declares,
in conformity with Article 16, paragraph b, of the Convention that the following act,
and all acts amending it, should be added to Annex I of the Convention:
Act of 9 October 2003 containing new regulations pertaining to the provision of employment
support and social assistance by municipalities (“Wet werk en bijstand” – Work and
Social Assistance Act – since 1 January 2015 “Participatiewet” – Participation Act),
which was published in the “Staatsblad”, Bulletin of Acts and Decrees, 2003, No. 375,
and which entered into force on 1 January 2004, and the additions and amendments enacted
by the following legislation:
Act of 18-12-2003, Stb. 2003, 526; Act of 19-12-2003, Stb. 2003, 544; Act of 24-06-2004,
Stb. 2004, 300; Act of 09-07-2004, Stb. 2004, 363; Acts of 23-12-2004, Stb. 2004,
717, 725 and 733; Act of 24-03-2005, Stb. 2005, 192; Act of 23-06-2005, Stb. 345;
Act of 16-07-2005, Stb. 2005, 434; Act of 10-11-2005, Stb. 2005, 573; Acts of 22-12-2005,
Stb. 2005, 691 and 713; Act of 05-07-2006, Stb. 2006, 349; Acts of 07-07-2006, Stb.
2006, 373 and 415; Act of 02-11-2006, Stb. 2006, 559; Act of 20-11-2006, Stb. 2006,
593 and 605; Acts of 30-11-2006, Stb. 2006, 625 and 712; Act of 22-03-2007, Stb. 2007,
153; Act of 01-11-2007, Stb. 2007, 418; Act of 15-11-2007, Stb. 2007, 490; Act of
29-11-2007, Stb. 2007, 551; Act of 12-12-2007, Stb. 2007, 555; Acts of 20-12-2007,
Stb. 2007, 563 and 564; Act of 10-04-2008, Stb. 2008, 132; Act of 29-05-2008, Stb.
2008, 197; Act of 12-06-2008, Stb. 2008, 229; Act of 03- 07-2008, Stb. 2008, 312;
Act of 10-07-2008, Stb. 2008, 284; Act of 18-12-2008, Stb. 2008, 565; Acts of 29-12-2008,
Stb. 2008, 586, 588, 590, 592, 595, 600 and 606; Act of 05-02-2009, Stb. 2009, 108;
Act of 02-04-2009, Stb. 2009, 229; Acts of 25-06-2009, Stb. 2009, 265 and 390; Act
of 01-07-2009, Stb. 2009, 282; Act of 02-07-2009, Stb. 2009, 318; Act of 15-10-2009,
Stb. 2009, 492; Act of 03-12-2009, Stb. 2009, 580; Acts of 17-12-2009, Stb. 592 and
596, Act of 23-12-2009, Stb. 2009, 611; Act of 29-04-2010, Stb. 2010, 228; Act of
17-05-2010, Stb. 2010, 350; Act of 13-12-2010, Stb. 2010, 840; Act of 16-12-2010,
Stb. 2010, 838; Act of 21 -04-2011, Stb. 2011, 231 ; Act of 06-06-2011, Stb. 2011,
288; Act of 06-07-2011, Stb. 2011, 442; Act of 01 -12-2011, Stb. 2011, 618; Act of
15-12-2011, Stb. 2011, 647; Acts of 22-12-2011, Stb. 645 and 650; Acts of 12-07-2012,
Stb. 2012, 322 and 328; Act of 02-08- 2012, Stb. 2012, 361; Act of 13-09-2012, Stb.
2012, 430; Acts of 04-10-2012, Stb. 2012, 462 and 463; Act of 20-12-2012, Stb. 2012,
669; Act of 28-03-2013, Stb. 2013, 115; Acts of 19- 06-2013, Stb. 226 and 236; Act
of 10-07-2013, Stb. 2013, 316; Act of 09-10-2013, Stb. 2013,405; Act of 25-11-2013,
Stb. 2013, 507; Act of 11-12-2013, Stb. 2013, 578; Act of 04-06- 2014, Stb. 2014,
259; Act of 25-06-2014, Stb. 2014, 227; Acts of 02-07-2014, Stb. 2014, 269 and 270;
Acts of 09-07-2014, Stb. 2014, 280, 307 and 364; Act of 05-11-2014, Stb. 2014, 2014,
442; Acts of 26-11-2014, Stb. 2014, 502 and 504; Act of 03-12-2014, Stb. 2014, 494;
Act of 28-01-2015, Stb. 2015, 28.
The Kingdom of the Netherlands, for the European part of the Netherlands, makes the
following reservation in relation to the Act of 7 July 2006 (Stb. 2006, 373) listed
above and containing an amendment of the Act of 9 October 2003:
The Government of the Netherlands accepts, in relation to citizens of the European
Union, the obligation to provide the nationals of the other Member States of the European
Union with social and medical assistance on the same basis as its own nationals, only
in as far as similar obligations arise from the Treaty on the Functioning of the European
Union.
Norway
28-04-1982
Annex I - Legislative measures regarding assistance referred to in Article 1 of the
Convention:
Act of 5 June 1964 concerning social care.
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.
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.
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.
Portugal
09-02-2000
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.
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.
Spain
21-11-1993
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.
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.).
Sweden
13-12-1982
Annex III - List of documents recognised as affording proof of residence, referred
to in Article 11 of the Convention
Residence Permit.
Interpretation of the terms: "nationals" and "territory"
a Nationals: Citizens of Sweden.
b Territory: The territory of Sweden.
09-10-1990
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).
Türkiye
02-12-1976
Annex III - List of documents recognised as affording proof of residence, referred
to in Article 11 of the Convention
Alien''s Residence Permit.
Interpretation of the terms: "nationals" and "territory"
a Nationals: Persons possessing Turkish nationality.
b Territory: The territory under Turkish sovereignty.
08-12-1999
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.
United Kingdom
23-04-1981
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.
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.
28-06-1991
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.
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).