European Convention on social and medical assistance:Annex IV Interpretation of the terms ‘nationals’ and ‘territory’

European Convention on social and medical assistance

Annex IV Interpretation of the terms ‘nationals’ and ‘territory’

Geldend

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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 Berlin 1), and this notification shall be binding on the Contracting Parties as from the first day of the month following such notification.

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.

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