Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In view of Act No. 2003-216 of 13 March 2003 authorising the ratification of the Social Security Agreement between the French Republic and the Principality of Andorra, signed at Andorra la Vella on 12 December 2000;
In view of the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France,
.
The social security agreement between the French Republic and the Principality of Andorra, signed at Andorra-la-Vieille on 12 December 2000 will be published in the Official Journal of the French Republic.
The Prime Minister and The Minister for Foreign Affairs is responsible, each as far as it is concerned, The execution of this Decree, to be published in the Official Journal of the French Republic.
C O N V E N T I O N
DE SECURITY SOCIALE BETWEEN LA REPUBLIC FRANÇAISE
ET LA PRINCIPAUTÉ D' ANDORRE
The French Republic and the Principality of Andorra, animated by the desire to define their relations in the field of security Social,
agreed to the following:
Chapter I
General
Article 1
Definitions
For the purposes of this Agreement, the following definitions should be used:
-the term " France " Designates the European and overseas departments of the French Republic, including their territorial waters and the area beyond the territorial sea on which France may exercise sovereign rights for the purposes of exploration and The exploitation, conservation and management of biological and non-biological natural resources;
-the term "Andorra" Means the territory of the Principality of Andorra;
-the term " Residence " Means the habitual residence of a person who remains more than six months in one of the territories and who is the centre of his or her interests; however, the students are considered to be in temporary stay in the State in whose territory they Continue their education and the persons undergoing vocational training leading to an officially recognised qualification are considered to be in temporary residence in the State in whose territory they attend the training ;
-the term " Stay " Means temporary stay;
-the term " Entitled " Means, unless otherwise provided by the Convention, any person defined or considered to be entitled to a social insured by the legislation of affiliation;
-the term accident of work in Chapter VI of this Convention Also covers the accident of service of which an employee is or has been a victim;
-any other term or expression used in the agreement has the meaning assigned to it by the applicable law.
Article 2
Scope: Territorial, personnel,
hardware (covered risks)
This Convention lays down the applicable coordination rules on social security between the social security schemes in force in the territory of the France and the Principality of Andorra:
1. As far as France is concerned:
-for workers who are employed or who have been employed or assimilated or self-employed in the territory of France, as well as for their right holders, irrespective of their nationality, for The following branches: Old age, widowhood, sickness, maternity, invalidity and death, accidents at work, occupational diseases and family benefits;
-for civil and military civil servants and territorial officials, and Hospital under the National Pension Fund for Local Government Employees and workers of the State carrying out their duties or on retirement in Andorra and for their dependants, in respect of the benefits in kind of Sickness and maternity insurance, benefits in kind linked to a service accident And family benefits;
-for persons, irrespective of their nationality, not performing an employed or self-employed activity, insured from one of the French social security schemes under the voluntary old-age insurance scheme Continuing or insurance, compulsory or voluntary, accidents at work or occupational disease, for the risks involved;
-for all insured persons of one of the French social security schemes, as well as for their dependants Right, whatever their nationality, temporarily travelling on the Territory of the other State, for the benefit of benefits in kind for sickness and maternity insurance.
2. With regard to Andorra:
-for all insured persons, and their successors in title, irrespective of their nationality, in title Compulsory or voluntary, with a social security system in force in the territory of the Principality of Andorra.
Article 3
Material scope (legislation covered)
1. This convention is applicable:
In France:
-the legislation establishing the organization of social security;
-the applicable social insurance laws:
-to employees in non-agricultural professions,
-aux Employees of the agricultural professions,
-to the applicable social legislation:
-to non-employees of non-agricultural professions, with the exception of those relating to supplementary old-age insurance schemes,
-to non-salaried workers in the agricultural professions,
with the exception of the provisions which open the Persons working or residing outside the French territory the right to join voluntary insurance concerning them;
-to the legislation on voluntary old-age and invalidity insurance;
-to the legislation on Prevention and repair of accidents at work and diseases Occupational accident and occupational disease voluntary insurance legislation;
-the legislation on family benefits;
-legislation relating to various schemes Non-employees and assimilated;
-laws relating to special social security schemes.
In Andorra:
-the compulsory scheme applicable to employed persons;
-the optional scheme of non-salaried workers and insured persons.
2. This Convention is also applicable to legislative or regulatory acts which will amend or Supplement the laws or regulations listed in paragraph 1 of this Article to the extent that they concern the persons and branches of social security covered by this Convention. However, it will not apply to legislative or regulatory acts which completely alter a branch of social security, covering a new branch, or extending existing schemes to new categories of beneficiaries than if Agreement shall be reached between the Contracting States.
Article 4
Determination of the applicable law:
general principle and derogations
1. Employed or assimilated employees and self-employed persons carrying on business in France and/or Andorra shall be subject respectively to the social security schemes applicable in France or Andorra or to these two schemes in the case of
way of derogation from the provisions of paragraph 1 of this Article, employees who are employed and assimilated by their employer in the other State in order to do work in the other State are not subject to the scheme Of the social security of the State in which they are seconded, and remain subject to the Social security of their habitual State of work, provided that the duration of the secondment does not exceed one year, including the duration of leave, and that such workers are not sent to replace another person who has arrived at the end of the period
the duration of this work extends beyond one year, the persons concerned may be kept on the system of their habitual working State for a further period of one year, with the agreement of the competent administrative authorities of the Detachment location.
3. The provisions of paragraph 2 of this Article shall apply to non-salaried workers for an initial period of one year, renewable once, provided that the beneficiary of the posting makes a service provision on his behalf In the new State, whether this activity is directly related to the activity normally exercised by the person concerned and that this activity is carried out with the necessary authorisations.
4. Officials, including diplomatic or consular officials as well as administrative and technical staff of diplomatic missions and consular posts, shall be subject to the provisions on social security of the State of which
For France, state officials as well as territorial and hospital officials under the National Pension Fund for Local Government Employees and Workers of the State In the position of activity, secondment or making available, to A French government or a French public institution which does not have the industrial or commercial character established in Andorra shall be affiliated to all risks to the social security scheme which would be applicable to them if they Were operating in France.
5. Staff members of diplomatic or consular posts, other than those referred to in the first subparagraph of paragraph 4 of this Article, as well as workers employed in the personal service of such posts shall be affiliated with the security system Applicable in the State in which they work.
6. A person who is a member of the crew of a company engaged in, on behalf of another person or on his own account, international carriage of passengers or goods shall be subject to the laws of the State on the Where the company has its registered office.
However, the person employed by a branch or a permanent representation that the company has in the territory of the State other than the one in which it has its seat is subject to the legislation Of the State in whose territory the branch or representation is located
However, if the person is preponderant in the territory of one of the two States in which the person resides, it is subject to the law of that State, even if the undertaking occupying it has no registered office, branch, or Permanent representation on this territory.
7. The competent administrative authorities of France and the Principality of Andorra, or the institutions which they designate for that purpose, may provide for the mutual agreement of other derogations from the provisions of this Article.
Article 5
Equal treatment
Persons insured under a French or Andorran social security scheme and their beneficiaries benefit from equal treatment for the application of the legislation in question. As long as they are legally resident in each State, and Regardless of their nationality.
Chapter II
Old Age Insurance provisions
and survivors
Section 1
Opening rights and calculating pension
Article 6
Residence
Where, for the grant of contributory old-age benefits or for the completion of certain formalities, the legislation of one of the States in question precludes conditions of residence in that State, They shall not be effective against the beneficiaries of this Convention, regardless of where they live.
Article 7
Insurance Periods
1. If the legislation of a State makes the acquisition, maintenance or recovery of the right to benefits under a scheme which is not a special regime within the meaning of paragraphs 2 or 3 of this Article, to the performance of periods Of insurance or assimilated, the competent institution of that State shall take into account, to the extent necessary, periods of insurance or assimilation completed under the legislation of the other State, as if they were periods completed under the Legislation that it applies.
2. If the legislation of one of the States makes the granting of Certain benefits provided that the periods of insurance have been completed in a special scheme or in a particular occupation or employment, the periods completed in the other State shall not be taken into account for the grant of such Benefits, whether they have been completed under a corresponding plan or, failing that, in the same occupation or employment.
3. The provisions of the preceding paragraph shall not apply, as regards the special schemes of France, to the special pension schemes of civil and military officials of the State, territorial and hospital officials, and Workers in industrial establishments in the state.
4. If, taking into account the totalizing provided for in paragraph 2 or periods completed with the schemes referred to in paragraph 3, the person concerned does not satisfy the conditions for the opening of the rights provided for by the special scheme, the periods of insurance Of this special scheme shall be taken into account for the opening and calculation of the rights by the general scheme (s) applicable to employed workers in either State.
Article 8
Calculation of the Pension
People who have been submitted Successively or alternately in France or Andorra to one or more old-age insurance schemes in each of these states are entitled to benefits under the following conditions:
1. Where the conditions required by the legislation of one of the two States for entitlement to benefits are satisfied without the need to resort to periods of insurance and assimilated in the other State, the competent institution Determines the amount of the pension due, on the one hand, according to the provisions of the legislation it applies and, on the other hand, in accordance with the provisions of paragraph 2 (a) and (b) below.
2. Legislation of one of the States to qualify for benefits are not Satisfied that by using the periods of insurance and assimilated in the other State, the competent institution shall determine the amount of the pension according to the following rules:
a) Totalization of periods of insurance.
The periods of insurance completed in each State, as well as periods assimilated to periods of insurance, are totalled, provided that they do not overlap, both for the purpose of Determination of entitlement to benefits as for the maintenance or recovery of that right.
Periods assimilated to periods of insurance are in each State which are recognised as such by the legislation of that State.
(b) Liquidation of the benefit.
Due to the totalization of periods, Carried out as described above, the competent institution of each State shall determine according to its own legislation, if the person concerned meets the requirements for entitlement to an old-age pension under his or her legislation
Is open, the competent institution of each State shall determine the benefit to which the insured person could claim whether all periods of insurance or assimilated had been performed exclusively in his own State and then reduced the amount The pro rata benefit of the duration of insurance periods; and Carried out in its own State, before the implementation of the risk, in relation to the total duration of the periods completed in the two States, before the implementation of the risk. This total duration is capped at the maximum possible duration required by the legislation it applies for the benefit of a full benefit.
3. The person concerned is entitled, on the part of the competent institution of each State, to the highest amount calculated in accordance with paragraph 1 or 2.
4. The person concerned may postpone the application for liquidation of his rights under the legislation of one of the two States.
Article 9
Successive Liquidations
1. Where the person concerned requests the liquidation of his rights under the legislation of a single State, because he wishes to defer his application in the light of the legislation of the other State or because he does not fulfil the conditions for the opening of the rights In the light of the latter legislation, the performance due is wound up under the laws of the first State in accordance with the provisions of Article 8.
2. Where the insured seeks the liquidation of his rights which he had deferred to the eye The legislation of the other State or where the conditions, in particular of age, Required by that legislation, it shall be carried out on the winding-up of the benefit payable under that legislation in accordance with the provisions of Article 8 without the payment of the first benefit.
Article 10
Aggregation Rules for Insurance Periods
When aggregation of insurance periods completed in the two territories is necessary for the determination of Application of the rules and procedures laid down in General administrative arrangement.
Article 11
Minimum Insurance Time
When periods of insurance completed under the legislation of one of the two States are less than one year, none Benefit shall not be payable under that legislation, unless, under that period only, a right is acquired in that State.
Nevertheless, those periods shall be taken into account for the purpose of opening and calculating rights under the legislation Of the other State, under the conditions of Article 8, unless it Results a decrease in the benefit payable under the law of that State.
Article 12
Items taken into account for the calculation of the benefit
Where, according to the legislation of one of the Two States, the liquidation of the old-age benefit shall be carried out on the basis of the salary or average income of all or part of the insurance period, the salary or average income taken into account for the calculation of the benefit is determined On the basis of wages or revenues recognized during the period of insurance performed under The legislation of that State.
Article 13
Exercise or
of a professional activity by the pensioner
If the legislation of either State makes the granting or service of a Old-age provision on the condition that the person concerned ceases to engage in a professional activity, that condition is not prejudicial if the person concerned carries on an activity or takes up a professional activity outside the debtor State of the Pension.
Section 2
Pension Payment
Article 14
Payment of pensions
Persons holding an old-age pension under the legislation of one or both of the States or under this Convention shall benefit from this Benefit regardless of their place of residence.
The debtor institution shall pay directly to the recipient the benefits payable to it, on time and in accordance with the terms and conditions set out in the legislation it administers.
Section 3
Survivor Pensions
Section 15
The provisions of this chapter apply to benefits for surviving spouses, including widowed allowance, invalid widower or widow's pensions, and pensions and pensions Orphan.
Chapter III
Medical and maternity insurance provisions
Section 1
Opening up rights and totalizing periods
Article 16
Opening up rights and totalizing Periods
1. Persons affiliated with a French or Andorran system, as well as their dependants, are entitled to the sickness and maternity insurance benefits provided for in the scheme of the State of affiliation in so far as they fulfil, in the said State, the conditions required for obtaining the benefits in question.
2. Where, for the opening, maintenance or recovery of the right to those benefits, the persons concerned do not justify the duration of insurance provided for by the Insurance legislation is used to supplement periods of insurance and Assimilated in that State, to periods of insurance and assimilated previously under the law of the other State.
Section 2
Health and maternity insurance
Article 17
Service of the Benefits in the other State to insured persons
other than those referred to in Articles 18, 19, 20, 21 and 22
1. The person insured under a French or Andorran social security scheme who complies with the requirements of the legislation of his State of affiliation in order to be entitled to benefits, having regard, where appropriate, to the provisions of Article 16, which fulfils one of the following three conditions:
a) Of which the state immediately requires benefits in the course of a stay in the other State;
or
b) Who, after being admitted for the benefit of the institution of affiliation, is entitled by this Institution to return to or transfer to the other State;
or
(c) Who is authorized by the institution of affiliation to travel to the other State to receive appropriate care in the other State,
is entitled to:
i) to benefits in kind provided, on behalf of the institution of affiliation, by the institution of the place of residence or residence, according to the provisions of the legislation that it applies, as if it were affiliated, the duration of the However
the insured person of the Andorran system, in the case referred to in (c) above, may request the payment of benefits in kind at his or her credit union. Of affiliation under the conditions laid down by the legislation which the latter applies. This option is offered in particular when there is a tariff agreement between the Andorran Social Security Fund and the French care institution;
ii) the cash benefits paid by the institution of affiliation according to the Provisions of the legislation that it applies.
2. The authorisation required under paragraph 1 (c) may not be refused where the care referred to is one of the benefits provided for in the legislation of the insured State and if such care cannot, in the light of Its current state of health and the likely development of the disease, to be provided to it in the State of affiliation within a reasonable time.
3. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the rights holders of the person referred to in paragraph 1 in respect of sickness and maternity insurance benefits.
4. The fact that the insured person benefits from the provisions of paragraph 1 shall not affect the right to benefits of his beneficiaries.
5. The existence of own rights of maternity insurance retained pursuant to Article 17 § 1 (b) shall take precedence over derived rights acquired under the legislation of the new residence for the same period.
Article 18
Works residing in one of two
states and working in the other
1. The employed or self-employed person, insured under a French or Andorran social security scheme, who resides in the territory of the State other than that of affiliation and who satisfies the conditions required by the legislation of his State of affiliation In order to be entitled to benefits, taking into account, where appropriate, the provisions of Article 16, benefits in the State of his residence:
(a) Benefits in kind provided on behalf of the institution of affiliation by the institution of the place of residence according to the provisions of the legislation it applies as if it were affiliated;
(b) Cash benefits Provided by the institution of affiliation in accordance with the provisions of the legislation it applies.
2. In the case of care received in the territory of the State of affiliation, the service of benefits in kind shall be provided by the competent institution of that State. State in the conditions of the legislation it applies.
3. The beneficiaries who reside with that worker are entitled to benefits in kind under the conditions laid down in Article 19. The quality of the worker referred to in paragraph 1 of this Article shall be determined in accordance with the conditions laid down in Article 19.
Article 19
Right: benefit entitlement,
determination of quality Entitlement
1. The beneficiaries of a person affiliated with the Andorran regime who is ordinarily resident in France and the beneficiaries of a worker or beneficiary of unemployment benefits affiliated with the French regime who habitually reside in Andorra have Entitlement to benefits in kind from sickness and maternity insurance. These benefits shall be paid on behalf of the institution of affiliation by the institution of the place of residence in accordance with the provisions of the legislation it applies. The burden of these benefits shall be borne by the worker's scheme of affiliation.
2. The quality of the entitlement and the extent, duration and terms of service of those benefits shall be determined in accordance with the law of the State of Residence of those entitled persons.
3. The provisions of this Article shall not apply if entitled persons, who may be covered by sickness and maternity insurance in one of the two States by virtue of their sole entitlement, benefit, in their State Of a person's usual residence, a right related to a professional activity or a contributory personal benefit.
4. The persons entitled under this Article are entitled, in the case of care received in the territory of the State of affiliation of the worker, to the service of the benefits provided by the competent institution of that State under the conditions of the legislation That it applies and is dependent on it.
Section 20
Service of Benefits to Detached
and Other Persons Under Article 4
1. The workers referred to in Article 4 (2), (3), (4), 6 (1) and (7) of this Convention, as well as their dependants residing with them, shall receive benefits in kind from sickness and maternity insurance provided directly By their institution of affiliation for the duration of their residence in the State in which they are occupied. The quality of the entitlement is determined by the worker's legislation of affiliation.
2. However, the service of such benefits in kind shall be insured, if the worker, or his right, in fact, by the institution of the State of Residence under the conditions of the legislation that it applies when the care is received in the latter State. In this case, the benefits paid are reimbursed by the worker's scheme of affiliation to the institution of the State of
. The cash benefit service is provided directly by the institution of affiliation.
Section 21
Student or
benefit service for professional training
1. The person insured with the French or Andorran social security system in a personal capacity or the person insured with one of those schemes as having a right who complies with the conditions required by the law of his State Membership in order to be entitled to benefits, having regard, where appropriate, to the provisions of Article 16, and who are staying in the other State for the purpose of attending school or vocational training leading to an official qualification Recognised benefits in kind from sickness and maternity insurance for itself These
shall be paid by the competent body of the place of residence in accordance with the provisions of the legislation it applies. They are the responsibility of the insured person's scheme of affiliation.
2. However, students pursuing their studies in France may opt for the scheme applicable in that State to this category of insured.
Section 22
Pensioners' Benefits Service
1. Incumbents of old-age, survivor or invalidity pensions or an occupational accident pension liable to be eligible for health care under the rules of only one of the States, France or Andorra, resident or staying in the other State benefits from the benefits in kind provided by the competent body of the place of residence or temporary stay in accordance with the provisions of the legislation it applies. These benefits are borne by the system of the State debtor of the pension or the pension.
However, pensioners who reside in the other State retain their right to benefit in the event of a temporary stay in the State of the institution Pension debtor.
2. Incumbents of old-age, survivor or invalidity pensions or an employment accident pension, liable to be entitled to health care, under both a French and an Andorran regime Social security, benefit from benefits in kind provided according to legislation
provisions of Article 17 shall apply mutatis mutandis to those persons in the event of a temporary stay in the other State, the institution of affiliation being that The only state of residence of the bi-pensioner.
3. The provisions of paragraphs 1 and 2 of this Article shall also apply to the beneficiaries of the pensioner or the annuitant recognised as such by the law of the State of residence of the person who is entitled to them, since they cannot benefit from the Benefits referred to in either State in respect of a particular right in connection with the performance of a professional activity or a contributory personal benefit.
The institution of the State which is in charge of the pensioner's or the annuitant's benefits Also the burden of the benefits of its beneficiaries, whether or not they reside in the Same status as pensioner or annuitant.
4. The provisions of paragraphs 1 to 3 above shall not apply to the holder of a pension or an annuity or to members of his family who are entitled to benefits as a result of the exercise of a professional activity in the territory of the Of the two states.
Article 23
Grant of prosthetics, large equipment
and high-weight benefits
The granting of prostheses, large equipment and other benefits in kind The list contained in the Annex to the Agreement General administrative is subject, except in an emergency, to the authorisation of the institution of affiliation in the cases provided for in Articles 17, 20 and 21 of the Convention.
Article 24
Specific Provision
All care received by insured persons from a French regime temporarily residing or staying in the territory of the Principality of Andorra, for medical emergency reasons and due to special transfer difficulties On French territory, are transferred to the territory of the Kingdom Under the conditions of the legislation which it applies and to be reimbursed by the French regime under the conditions laid down in Article 42 of this Convention.
Chapter IV
Disability Insurance Provisions
Section 25
Opening Rights
1. Employed or non-salaried employees insured under a French or Andorran scheme are entitled to the benefits of the invalidity insurance exclusively from the institution of which they are subject to the date of the interruption of the work followed Disability if the person satisfies the conditions for entitlement to benefits under that legislation.
2. Where, for the purpose of opening, maintaining or recovering the right to those benefits, the persons concerned are not Does not justify the duration of insurance provided for by the legislation of the State of affiliation, Shall be used to supplement the periods of insurance or assimilation carried out in that State, to periods of insurance or assimilated previously performed in the other State.
Summing shall be carried out in accordance with the rules laid down in Article 16 of this Convention.
3. The person concerned who, although having taken an activity in the new State, is not entitled to benefits under paragraphs 1 and 2, benefits from the benefits to which he is still entitled under the legislation of the first State. This right shall be assessed, as appropriate, by all periods of insurance completed in the two States prior to the end of activity in the first State.
Article 26
Liquidation of pension, Load distribution
1. The contributory invalidity pension shall be liquidated in accordance with the legislation laid down by the worker at the time when, as a result of sickness or accident, the interruption of work followed by invalidity occurred, taking into account the case
, according to that legislation, the winding up of the invalidity pension is carried out on the basis of the average wage or income of all or part of the insurance period, the salary or income Pension calculation is determined on the basis of the Salaries established during the period of insurance performed under the legislation of that State.
2. The disability pension is borne in full by the competent institution in accordance with the provisions of the legislation Apply.
However, where the provisions of Article 25 (2) are applied, the burden of invalidity pension shall be apportioned between the institutions of the two Parties in proportion to the periods of insurance or assimilated, validated In respect of old age and carried out on both sides, the institution Shall be reimbursed by the institution of the other State under the conditions laid down in the general administrative arrangement.
In the situation referred to in the preceding paragraph, where the person concerned collects from the State other than the debtor of the Invalidity pension an old-age pension paid in advance by reason of the incapacity for work, in respect of the period of insurance used for the calculation of the pro-rata, the reimbursement provided for in the preceding paragraph shall cease to be due.
Article 27
Recovery of pension entitlement, aggravation Disability
1. If, after suspension of the invalidity pension, the person concerned recovers his right, the service of the benefits shall be taken over by the institution responsible for the initial pension in the initial charge conditions.
2. If, after deletion Of the pension, the state of the person concerned justifies the granting of a new invalidity pension, which shall be wound up according to the rules laid down in Article
. In the event of an aggravation of the invalidity of a pensioner:
(a) If the person concerned, who is a beneficiary of a disability pension under the legislation of a State, has not been subject to the legislation of the other State, the debtor institution shall be required to grant the benefits in the light of the aggravation, according to the The provisions of the legislation it applies,
(b) If the person concerned, since he has received a disability pension under the legislation of a State, has been subject to the legislation of the other State, he shall retain the benefit of his pension Owing to the worsening of the situation. As a result of the aggravation, he may also be entitled to a pension, in accordance with his only domestic legislation, by the new State of employment,
(c) If the beneficiary of a pension referred to in (b) cannot benefit from the aggravation In accordance with its only internal legislation, by the new State of employment, this aggravation will be covered under the conditions laid down in (a).
Article 28
Payment of pension Disability
The provisions of section 14 are Applicable by analogy to persons holding a disability pension.
Article 29
Old Age Pension Transformation
1. The invalidity pension shall be converted, where appropriate, into an old-age pension as soon as the conditions, in particular of age, required by the legislation of the debtor State of that invalidity pension are satisfied, for the purpose of allocating an invalidity pension. Old-age pension.
2. The processing is carried out under the conditions laid down by the legislation of the debtor State of the invalidity pension.
However, if, on the winding-up of the invalidity pension the burden of which is borne by the Andorran regime, the law was opened only by totalizing the Periods of insurance, the maintenance of the amount of the invalidity pension as provided for by the Andorran legislation is not acquired and the invalidity pension is replaced by the old-age pension wound up according to the provisions of Article 8 of the If
total of the benefits to which an insured person may then claim the share of the old-age insurance schemes of the two States is less than the amount of the invalidity pension, it shall be used a differential supplement to the The burden of the Andorran regime which was the debtor of the said pension.
Chapter V
Death Insurance Provisions
Section 30
Determining the Right
1. Where the person subject to the legislation of one of the two States dies in the territory of the other State, the right to death allowances shall be opened in accordance with the law of the first State, taking into account, where appropriate, the provisions of the Paragraph 2 of Article 16, as if the death occurred in the territory of the first
. The competent institution shall be required to grant the death allowances payable under its legislation even if the beneficiary resides in the territory of the other State.
Chapter VI
Provisions relating to
occupational accidents and diseases insurance
Section 31
Scope of the provisions contained in this chapter
The provisions of this chapter do not apply to illness Professional, subject to the provisions of Article 3 (2), that The two Contracting Parties have adopted and implemented legislation concerning this risk.
Article 32
Levée of residence clauses
Where the legislation of one of the two States In relation to accidents at work and occupational diseases, the conditions of residence in that State for the opening or maintenance of rights shall not be enforceable against the beneficiaries of this Convention
Supplements or supplementary allowances paid in addition to annuities Accidents at work under the legislation applicable in each State shall be maintained for the persons referred to in the preceding paragraph irrespective of their place of residence, subject to the implementation of the specific conditions of medical supervision Required, where applicable, by applicable legislation.
Section 33
Benefits Service
A person insured under an occupational accident or occupational disease regime of any of the Two states, victim of an accident at work or illness Professional,
a) Who stays in the other State,
or
b) Who, after having been admitted for the benefit of the institution of affiliation of a State, is authorised by that institution to stay or transfer his residence In the other State,
or
(c) Who is authorized by the institution of affiliation to visit the other State to receive appropriate care in its condition,
is entitled to:
i) Benefits in kind provided on behalf of the institution of affiliation by the institution of the place of residence or residence in accordance with the provisions of the legislation which it applies, as if it were affiliated, the duration of the However
the insured person of the Andorran system, in the case referred to in (c) above, may request the payment of benefits in kind at his or her credit union. Of affiliation under the conditions laid down by the legislation which the latter applies. This option is offered in particular when there is a tariff agreement between the Caisse andoranne de sécurité sociale and the institution of French care;
ii) The cash benefits paid by the institution of affiliation according to the Provisions of the legislation it applies.
Article 34
Workers residing in one of the two states
and working in the other and workers referred to in Article 4
1. An employed or self-employed person, insured under a French or Andorran social security scheme, who resides in the territory of the State other than that of affiliation, victim of an accident at work or of a professional disease recognised by the Legislation of the State of affiliation, as well as the worker referred to in Article 4 (2), (3), (4), (6) and (7) of this Convention, victim in the territory of the State of employment of an occupational accident or occupational disease Recognised by the legislation of the State of affiliation, benefit in the State of Residence or residence:
a) Benefits in kind provided on behalf of the institution of affiliation by the institution of the place of residence or residence according to the provisions of the legislation which it applies as if it were affiliated. However, if the legislation it applies allows, the institution of affiliation may directly serve the benefits in kind if the worker so requests;
(b) Cash benefits paid by the institution of affiliation according to the The provisions of the legislation which it applies.
2. In the case of care received in the territory of the State of affiliation, the service of benefits in kind shall be provided by the competent institution of that State in the conditions of the legislation That it applies.
Article 35
Rechute
When the person concerned is a victim of a relapse of his or her work accident or occupational disease found in the territory of one of the two States, while he has temporarily transferred or defined his or her Residence in the other State, it is entitled to receive benefits in kind and in cash from occupational accidents and occupational diseases under the conditions laid down in Article 34, provided that it has obtained the agreement The competent French or Andorran institution to which it was affiliated with the date of the The accident of the work or the first finding of the occupational disease.
The law is appreciated in the light of the legislation applied by the Andorran or French institution to which the worker was affiliated with the date of The accident at work or the first finding of occupational disease.
Article 36
Appreciation of degree of disability: Taking into account accidents at work and occupational diseases in the other State
To assess the degree of permanent disability resulting from an accident at work or occupational disease, in relation to the States, occupational accidents and occupational diseases that have occurred in the other State are taken into account as if they had occurred in the first State.
Article 37
Diseases Professionals
When the victim of a disease In the two States, a job capable of causing the said disease, the benefits to which the victim or his survivors may claim are granted exclusively under the law of the State in which The employment in question was last held, and provided that the person concerned fulfilled the conditions laid down by that legislation.
If the granting of benefits by one of the States is subject to the condition that an activity likely to be Cause the illness considered to have been exercised for a period of time, the exercise of That activity in the other State is taken into account as if it had been carried out under the law of the first State. The amount of the benefit thus calculated is wholly dependent on the State in which the person concerned last worked the employment liable to cause the illness.
Where the legislation applicable in one of the two states makes the Benefit from occupational disease benefits provided that the disease considered to have been medically recognized for the first time in its territory is deemed to have been met when the illness was first detected On the territory of the other State.
Article 38
Aggravation of occupational disease
In the event of a worsening of a professional disease repaired under the law of a State, while the victim resides in the other State, the following rules shall apply :
(a) If the person concerned has not exercised in the State of his new residence a job that could aggravate this repaired occupational disease, the institution of the first State shall take care of the aggravation of the disease in the terms of its own Legislation;
(b) If the person concerned has exercised in the state of his new residence a job that could aggravate this repaired occupational disease:
-the institution of the first State retains the benefit payable to the person concerned under its own legislation as if the disease had not suffered any aggravation;
-the institution of the other State shall bear the surcharge of Benefits corresponding to the aggravation. The amount of this supplement is then determined according to the legislation of the latter State as if the sickness had occurred in its own territory; it is equal to the difference between the amount of the benefit due after the aggravation and the amount Of the benefit that would have been due before the aggravation.
Article 39
Survivor Pensions
The provisions of this Chapter shall apply mutatis mutandis to survivors' pensions paid to the Work accident and occupational diseases insurance.
Article 40
Grant of prostheses, large equipment
and high-weight benefits
The granting of prostheses, large equipment and other benefits in kind of a major importance The list is set out in the annex to the general administrative arrangement for the application of this Convention is subject, except in an emergency, to the authorisation of the institution of affiliation.
Chapter VII
Benefits Family
Section 41
Benefits to Children of posted workers
and other persons referred to in Article 4
The workers referred to in paragraphs 2, 3, 4, 6 first subparagraph and 7 of Article 4 shall benefit, for the children accompanying them on the Territory of the other State, under the conditions laid down by the general administrative arrangement, of the family benefits provided for in the legislation of the State of affiliation listed in that arrangement.
The Family Benefits Service Shall be provided, where appropriate, directly by the competent institution of The State of affiliation.
Chapter VIII
Financial provisions and various provisions
Article 42
Refunds
The competent institution shall reimburse the institution of the State of residence The benefits in kind of sickness and maternity insurance, work accidents or occupational diseases which it has served on its account pursuant to Articles 17, 18, 19, 20, 21, 22 paragraph 1, paragraph 2 second subparagraph Paragraphs 3, 24, 33, 34 and 35. This refund is made on a semi-annual basis, through the two-state liaison agencies.
Article 43
General Administrative Arrangement
An Arrangement General administrative authorities, which shall be adopted by the competent administrative authorities of both Contracting Parties, shall determine, as appropriate, the conditions for the application of this Convention
Linking the two Contracting Parties.
The models of Forms necessary for the implementation of this Agreement shall be annexed to the general administrative arrangement.
The competent administrative authorities of both Parties shall make any administrative arrangements supplementing or amending General administrative arrangement.
Item 44
Joint Commission
1. A Joint Committee, composed of representatives of the competent authorities of each State, shall be responsible for monitoring the application of this Convention and proposing any changes to it. This Joint Committee shall meet, as appropriate, at the request of either Party, alternately in France and the Principality of Andorra.
2. The difficulties relating to the application or interpretation of this Convention Are settled by the Joint Committee. If it is not possible to reach a solution by this way, the dispute is settled by mutual agreement between the two Governments.
Article 45
Information and administrative assistance
The competent authorities of both States shall provide each other with information concerning the measures taken for the application of this Convention and the changes in their laws which may affect this Application.
The authorities and institutions of the two states lend themselves Their good offices for the application of this Convention as if it were the application of their own laws, in particular as regards the medical supervision of the beneficiaries of this Convention.
Article 46
Competent authorities
The following are considered competent authorities for the application of this convention:
-in France: Ministers who have, each as far as they are concerned, the regimes covered by this Convention within their remit;
-in the Principality of Andorra: Ministers responsible for health and social affairs.
Article 47
Entry into force of the Convention
The Government of each Contracting Party shall notify the other of the completion of the constitutional procedures required for it For the entry into force of this Convention. This will take effect on the first day of the second month following the date of receipt of the last of these notifications.
Article 48
Duration of the Convention
This Convention is concluded For an indefinite period. Each Contracting State may denounce it by notification within six months before the end of each calendar year.
In the event of termination, the provisions of this Convention shall remain applicable to acquired
. Which, the undersigned, duly authorised to that effect, have signed this Convention.
Done at Andorra la Vieille, on 12 December 2000, in two copies, in the French and Catalan languages, both texts being equally authentic.
For the Government of
of the French Republic:
Henri Leclercq
Ambassador de France
en Andorra
Pour le Gouvernement
de la Principality of Andorra:
Enric Casadevall Medrano
Ministre de l' économie
Done at Paris, June 4th 2003.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Jean-Pierre Raffarin
Foreign Minister,
Dominique de Villepin
