Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister for Foreign and European Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2011-4 of 3 January 2011 authorizing the approval of the agreement between the Government of the French Republic and the Government of the Czech Republic on the exchange of data and cooperation in respect of contributions and the fight against fraud in social security benefits;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The agreement between the Government of the French Republic and the Government of the Czech Republic on the exchange of data and cooperation on contributions and the fight against fraud in social security benefits, signed in Chantilly on 11 July 2008, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of State, Minister for Foreign and European Affairs, are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
A C C O R D
BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND GOVERNMENT OF THE TCHEN REPUBLIC ON THE EXCHANGE OF DATA AND COOPERATION IN COTISATIONS AND ON THE FUTURE OF THE FURTHER OF SOCIAL SECURITY PRESTATIONS (SEMBLIC ANNEX)
The Government of the French Republic and the Government of the Czech Republic,
The following is referred to as the "Contracting Parties",
Considering:
Council Regulation (EEC) No. 1408/71 of 14 June 1971 on the application of social security schemes to employed workers, non-earmarked workers and members of their families travelling within the Community (hereinafter the "regulation") and Regulation (EEC) No. 574/72 of 21 March 1972 (hereinafter the "application regulation");
Council Resolution No. 1999/C 125/01 and representatives of the Governments of the Member States, gathered in the Council on 22 April 1999 on a code of conduct for better cooperation between the authorities of the Member States in the fight against transnational fraud in social security benefits and contributions and unreported work, and on the provision of workers to transnational organizations;
Recommendation R(99)17 of the Committee of Ministers to the Member States of the Council of Europe on improving cooperation between the Member States on social security adopted on 15 October 1999 at the 679th meeting of the Council of Ministers;
desirous of implementing, between the competent authorities of the two Contracting Parties and between the institutions and agencies that depend on it, close cooperation in social contributions and more effectively combating fraud in social security benefits,
agreed that:
Article 1
Definition of terms
For the purposes of this Agreement, the terms used shall have the meaning given to them by regulation, unless specifically specified. In addition, the term "assessment" means any contribution or contribution to the financing of a plan covered by this Agreement.
Article 2
Field of territorial application
This Agreement shall apply:
- for the French Republic, in the territory of the metropolitan and overseas departments of the French Republic, as well as the territorial sea, and beyond, the spaces on which, under international law, the French Republic exercises sovereign rights or a jurisdiction;
- for the Czech Republic, in the territory of the Czech Republic.
(hereinafter referred to as the "Teachers of Contracting Parties")
Article 3
Field of personal application
This Agreement shall apply to persons residing, staying or exercising remunerated activity in the territory of the Contracting Parties and to employers having an establishment or place of exercise in the territory of the Contracting Parties to the extent that, for the purpose of examining their rights and obligations under the laws and regulations to which this Agreement applies, it is necessary to collect or verify information relating to events occurring in the territory of the other Contracting Party.
Article 4
Field of material application
This Agreement applies to data exchanges and cooperation in the application of social security legislation as referred to in the above-mentioned regulations and related contributions.
It also applies to related legislation:
1. with regard to the Czech Republic:
- State social assistance (to the extent that this is benefits other than those to which the regulation applies);
- social assistance to persons with disabilities;
- to rescue;
- social services.
2. with respect to the French Republic, the minimum income of insertion (RMI).
Article 5
Competent institutions
Competent institutions are the organizations listed in Schedule 2 to the Regulations, as well as:
For the Czech Republic:
For the recovery of social security contributions and the contribution to employment policy:
the Czech Social Security Administration;
For the recovery of Health Insurance contributions:
• Health Insurance Companies;
For other State social assistance and illegal work:
- Centres for Employment of the place where a particular person resides or, where applicable, performs his or her professional activity;
For social assistance services to persons with disabilities, material aid and self-reliance allowance:
- the local councils of the place where a particular person resides permanently or usually stays;
For the French Republic:
For the collection of contributions:
– Unions for the recovery of social security and family allowance contributions (SSAF) and other social security organizations responsible for the collection of contributions;
For the minimum income of insertion:
― Family Allowance Funds (CAF).
Article 6
Liaison agencies
The liaison agencies are:
For the Czech Republic:
For illegal work and unemployment benefits:
Administration of Employment Services of the Ministry of Employment and Social Affairs;
For family benefits and other state social assistance benefits, social assistance benefits for persons with disabilities, relief benefits and self-sufficiency benefits:
- Ministry of Employment and Social Affairs;
For the determination of applicable legislation, the recovery of social security contributions and the contribution to employment policy, disability, old age and survivor pension and cash benefits in the event of illness or maternity:
Czech Social Security Administration;
For benefits in kind in cases of illness or maternity and the recovery of health insurance contributions:
- Centre for International Payments;
For the French Republic:
The Centre for European and International Social Security Liaisons (CLEISS).
Article 7
General principles of cooperation
1. The competent authorities and institutions and liaison bodies of the two Contracting Parties shall communicate and lend each other assistance in accordance with the principles and rules established by the Regulation.
2. Administrative assistance and data exchanges under this Agreement are free of charge. The competent authorities of the Contracting Parties may agree in writing on the reimbursement of certain costs.
3. The documents provided by the competent authorities, liaison agencies or institutions pursuant to this Agreement shall not be subject to legalization upon transmission to the other Contracting Party and shall be considered to be authentic.
4. The institution seized by an institution of the other Contracting Party with a request for information shall respond as soon as possible and, in any event, no later than three months.
5. Competent authorities, liaison agencies and institutions may not refuse applications or documents if written in the official language of the other Contracting Party.
6. The requested information may be refused if it may affect the sovereignty, security or public order or any other important interest of a Contracting Party. In this case, the requested institution shall promptly inform its competent authorities and the requesting institution by specifying the reasons for the rejection.
Article 8
Recipient discount
The institution that encounters difficulties in sending a document to its consignee located in the territory of the other Contracting Party may request the assistance of the institution of the latter Party that lends its good offices. The liaison bodies of the Contracting Parties agree on the reimbursement of expenses that may result from the procedures implemented.
Article 9
Right of debiting institutions
against third parties responsible
In the framework of this Agreement, the institutions shall, against third parties responsible, proceed in accordance with the terms and conditions set out in Article 93 of the Regulations.
Article 10
Cooperation for the determination of applicable legislation
and Collection of Contributions
1. An institution of a Contracting Party shall verify, at the request of an institution of the other Party, the elements necessary to determine the applicable legislation and to establish the contribution base. The audits include the exercise of paid activity, its nature, the employer's identity, and the amount of income generated by the activity.
2. The collection, including forced recovery, of contributions due to the institution of one of the Contracting Parties may be carried out on the territory of the other Party in accordance with the rules laid down in Article 92 of the Regulations and in accordance with the provisions of this Agreement.
Article 11
Mutual recognition and enforcement of decisions
1. Decisions and enforceable acts rendered by a court and by the authority or institution of a Contracting Party relating to contributions, including possible penalties and increases, shall be recognized in the other Contracting Party.
2. Recognition may not be denied unless it is contrary to the public order of the Contracting Party in the territory of which the decision or act is to be executed.
3. Decisions and enforceable acts that are deemed to be enforceable in accordance with paragraphs 1 and 2 shall be carried out in the other Contracting Party. Enforcement shall be subject to the legislation in force in the Contracting Party on the territory of which it intervenes and to the rules governing the execution of similar decisions on the territory of that Party. These decisions or acts must be accompanied by an enforceable title.
4. The contributions due in the territory of a Contracting Party shall, upon the execution of a decision on the territory of the other Contracting Party, have the same priority rights as the corresponding claims in the territory of that Party.
5. Without prejudice to the provisions of Article 111 of the Implementing Regulations, the provisions of this Article shall apply, as necessary and by analogy, for the repetition, in the territory of a Contracting Party, of unduly paid benefits by an institution of the other Party.
Article 12
Audit of an application for benefits
and its payment
1. At the request of the competent institution of a Contracting Party that examines an application for a benefit or is to proceed with its payment, an institution of the other Contracting Party shall conduct any investigation necessary to verify the claimant's right to the intended benefit. The seized institution shall verify the information concerning the applicant or members of his or her family and shall transmit them and any other documents thereof to the competent institution.
2. The seized institution shall collect and verify the data in the same manner as it does for the examination of a claim for benefit under the legislation it applies.
3. The information referred to in paragraph 1 includes, inter alia, information relating to identity and civil status, address of domicile/temporary address, names and numbers of children and the names of other family members, schooling of children, the nature and duration of paid activity, income, amount of social security benefits received, satisfaction of the medical conditions to which the death of benefits is subordinated and the indication of the death of benefits
4. Medical examinations required by the legislation in force on the territory of a Contracting Party may be carried out, at the request of the competent institution of that Party, on the territory of the other Contracting Party under the conditions prescribed by the regulation and the regulations of application. The costs incurred for the examinations required for the award, payment and revision of benefits are borne by the institution that has requested them.
5. The institution of a Contracting Party, having an application by the institution of the other Party, shall communicate to the latter the information necessary to establish whether a particular person is a border worker.
6. If there is reason to believe that social security benefits have been misrepresented by persons whose domicile is in the territory of the other Contracting Party or whose domicile is supposed to be in that territory, that fact will be reported to the liaison agency or, where it is determined with certainty, to the competent institution of the other Contracting Party.
7. Notwithstanding the provisions of paragraph 1, the institution of a Contracting Party may inform, without prior request, a competent institution of the other Contracting Party of any change in the data transmitted in accordance with this Article.
Article 13
Refusal of payments, suspension
and deletion of benefits
1. Based on the information requested and the investigations mentioned in this Agreement, a competent institution of a Contracting Party may refuse, suspend or delete a benefit.
2. Subject to the prior information of the applicant or recipient, the provisions of paragraph 1 shall also apply where a claimant or beneficiary of benefits does not submit to the investigations referred to in this Agreement or does not provide the information requested.
Article 14
Identification
1. In order for it to be determined if it is entitled to benefits in accordance with the legislation in force on the territory of a Contracting Party, a person to whom this Agreement applies is required to present an official identity document to the contacted institution or the competent institution, which establishes the identity of the applicant on the basis of that document. The identity may be established using a passport or other valid identity document issued by a competent authority.
2. The institution of a Contracting Party seized by the competent institution of the other Party shall inform the latter of the procedure followed to establish the identity.
Article 15
Cooperation in the event of illegal employment
Where the competent institution of a Contracting Party is aware of the illegal employment of persons whose domicile is in the territory of the other Party or whose domicile is supposed to be in that territory, it shall communicate this information to the competent institution or to the liaison agency of the other Contracting Party.
Article 16
Verification of conditions of detachment
As part of the implementation of Decision No. 181 of 13 December 2000 of the Administrative Commission for the Social Security of Migrant Workers, the competent institution that collects elements that may establish that the issuance by the competent institution of the other Party of the certificate concerning the applicable legislation has wrongly addressed these elements to the liaison agency of the other Contracting Party through its liaison agency. The seized liaison agency shall notify without delay and, no later than three months, if the issuing institution withdraws or maintains the attestation.
Article 17
Protection of personal data
As part of this Agreement, the transmission of personal information shall, subject to compliance with the legislation in force in the territory of each Contracting Party, be governed by the following provisions:
(a) Personal data may be transmitted to the competent institutions of the recipient Party for the purpose of carrying out this Agreement and the legislation to which this Agreement applies. The recipient institution can process and use the data only for these purposes. The transmission of such data to the receiving Party to other authorities or their use for other purposes is permitted under the legislation in force in the territory of the receiving Party if the data are used to properly implement the social security provisions or the relevant legal procedures. This does not preclude the transmission of such data in cases where, in accordance with the law and regulations of the recipient country, such an obligation exists in criminal or criminal law and in tax matters. If this is not the case, the data may only be communicated to other authorities after authorization from the institution that transmits them and with the consent of the data subject.
(b) The recipient institution shall inform the institution of the other Party, at its request, of the use of the data provided and the results obtained.
(c) The communication of information is accompanied by the indication of their origin.
(d) If it is established that inaccurate data have been transmitted or that it is data that should not have been transmitted in accordance with the laws of the State of the contacted Party, the recipient institution must be informed without delay. The latter institution is obliged to correct or destroy the data.
(e) The data subject shall, upon request, have access to the information that is or has been provided and be informed of their use. The right of a person to access information and identity information is governed by the legislation in force in the territory of the Contracting Party where the institution is located to whom the information was requested.
(f) Personal data must be destroyed if they are no longer necessary for the use for which they have been transmitted, and if there is no reason to believe that their destruction will prejudice the person concerned in the field of social security.
(g) Both the institution of origin and the recipient institution are required to record the transmission, receipt of personal data and their destruction and to effectively protect the personal data transmitted from unauthorized uses.
Article 18
Settlement of disputes
The competent authorities of the two Contracting Parties shall endeavour to settle in amicably all disputes concerning the interpretation or implementation of this Agreement.
Article 19
Implementation measures
For the purposes of the implementation of this Agreement, the competent authorities of the two Contracting Parties may take enforcement measures through administrative arrangement.
Rule 20
Transitional provisions
1. In the coming into force of the European regulations replacing the regulations and regulations of application, references to these regulations in this Agreement are replaced by references to the corresponding provisions of the new regulations.
2. The changes in competence and denomination of the institutions and bodies referred to in Articles 5 and 6 shall not affect the provisions of this Agreement. The Contracting Parties shall inform each other.
Article 21
Final provisions
1. The Contracting Parties shall notify each other in writing of their respective legal and constitutional procedures required for the entry into force of this Agreement.
2. This Agreement shall enter into force on the first day of the third calendar month following the date of delivery of the last notification.
3. This Agreement shall be signed for an indefinite period.
4. Each of the two Contracting Parties may terminate this Agreement in writing by diplomatic channels. In this case, the Agreement shall terminate three months after the date of the notification of the denunciation to the other Contracting Party.
5. Requests submitted pursuant to this Agreement before the date on which the Agreement ended will be instructed even after that date.
Done at Chantilly on 11 July 2008, in two copies, in French and in Czech, both versions being equally authentic.
A N N E X E
Ministry of Foreign Affairs
and European
Directorate of French abroad
and Consular Administration
Civil Affairs Service,
Conventions
and mutual legal assistance
Sub-direction of conventions
and mutual legal assistance
Paris, 23 September 2009.
The Ministry of Foreign and European Affairs presents its compliments to the Embassy of the Czech Republic in Paris and has the honour to inform it of the following:
Article 4 of the Agreement between the Government of the French Republic and the Government of the Czech Republic on the exchange of data and cooperation in respect of contributions and the fight against fraud in social security benefits of 11 July 2008, which sets out the material field, in paragraph 2 that the latter covers, with respect to the French Republic, the "minimum income of insertion (RMI)".
The RMI was removed by the Act No. 2008-1249 of 1 December 2008 generalizing active solidarity income and reforming integration policies. It was replaced by the active solidarity income (SRA), which, like the RMI, constitutes a benefit to provide its beneficiaries with adequate means of existence and, like the RMI, is granted under conditions of residence.
Subject to objection from the Government of the Czech Republic, the provisions of the "minimum income of insertion" Agreement must therefore be understood as applying to "active solidarity income".
The Ministry of Foreign and European Affairs takes this opportunity to renew to the Embassy of the Czech Republic in Paris the assurances of its high consideration.
Done on 20 April 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of State,
Minister for Foreign Affairs
and European,
Alain Juppé
For the Government
of the French Republic:
Eric Woerth,
Minister of Budget,
Public Accounts
Civil Service
For the Government
of the Czech Republic:
Petr Necas,
Minister of Labour
and Social Security
