Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2013-584 of 4 July 2013 authorizing the approval of the social security agreement in the form of an exchange of letters between the Government of the French Republic and the International Organization for Merger Energy for the joint implementation of the ITER project;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 2008-334 of 11 April 2008 issuing the agreement between the Government of the French Republic and the ITER International Organization for Merger Energy relating to the ITER Organization's headquarters and the privileges and immunities of the ITER Organization on French territory (as a whole), signed at Saint-Paul-lez-Durance (Cadarache) on 7 November 2007,
Decrete:
The Social Security Agreement in the form of an exchange of letters between the Government of the French Republic and the International Organization for Merger Energy for the joint implementation of the ITER project (a joint annex), signed in Paris on 7 September 2011 and in Saint-Paul-lez-Durance on 20 September 2011, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
AGREEMENT OF SOCIAL SECURITY SUBSTANTIVE OF LETTERS BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND INTERNATIONAL ORGANIZATION FOR THE ENERGY OF FUSION ON THE IMPLEMENTATION OF THE ITER PROJECT (SEMBLE ANNEX)
Minister
Paris, 7 September 2011
Mr. Osamu Motojima,
Director General of the ITER Organization
Mr. Director General,
I have the honour, on behalf of my Government, to propose to you to enter into a social security agreement between the Government of the French Republic and the International Organization for Merger Energy for the implementation of the ITER project, concerning the conditions of membership of the Organization's staff in the voluntary old-age insurance of the French general regime, the provisions of which are contained in the annex to this letter.
I should be grateful if you would let me know if these provisions were to be accepted by your Organization.
In this case, this letter and its annex, as well as your response, will form the social security agreement between the Government of the French Republic and the International Organization for Merger Energy for the implementation of the ITER project. This agreement will come into force in accordance with section 6 of the schedule.
Please accept, Mr. Director General, the expression of my high consideration.
A N N E X E
The Government of the French Republic, on the one hand,
The International Organization for Merger Energy for the Joint Implementation of the ITER Project, on the other hand, the ITER Organization,
Collectively referred to the Parties,
Considering Article 19 of the Agreement on Privileges and Immunities between ITER partners signed in Paris on 21 November 2006 and entered into force on 25 October 2007;
Considering Article 18-2 of the Headquarters Agreement between the Government of the French Republic and the ITER Organization, signed at Saint-Paul-lez-Durance (Cadarache) on 7 November 2007 and entered into force on 9 April 2008;
Considering that the ITER Organization has established its own old-age pension system from April 2006;
Desirous of clarifying the situation of staff members with regard to French social security legislation and regulations,
The following provisions were agreed:
Article 1
The staff of the ITER Organization as defined by the status of the staff of the Organization, carrying on their activities in French territory, are not subject to French social security legislation, in accordance with Article 18 of the Headquarters Agreement.
The ITER Organization provides its staff with the service of family benefits and the guarantee against sickness-maternity, occupational accidents and illnesses, disability and old age under the conditions of the pension plan it has established.
Article 2
Members of the ITER Organisation have the right, within 12 months of their commitment by the ITER Organisation, to join the French social security scheme in the voluntary old age insurance scheme.
Article 3
At the end of the period of engagement with the ITER Organisation, the staff of the ITER Organisation who have been subjected, for old age insurance, to the social security legislation of a Member State of the European Union, of a State Party to the Agreement on the European Economic Area or the Swiss Confederation before their entry into office in the ITER Organisation have the ability to redeem French contributions to the general plan
The deadline for filing the claim for redemption is, under penalty of forclusion, one year from the date of termination of business within the ITER Organization.
The surviving spouse is entitled to redemption if the conditions defined above are met.
Article 4
1. Staff members of the ITER Organization referred to in Article 2 above, who are on the basis of the date of entry into force of this Agreement may, within one year of that date, request their admission to voluntary old-age insurance, with the possibility of repurchasing contributions within the limits of their service time within the ITER Organization.
2. The staff members referred to in section 2 who have ceased their duties on the date of entry into force of the agreement are entitled to redeem contributions within the limits of their service time within the ITER Organization.
3. The amount of retroactive payments due by the persons concerned pursuant to section 3 or this section shall be calculated according to the scale prescribed by French regulations. For the determination of the applicable tariff, consideration shall be given to the emoluments relating to the employment they occupy on the date on which they apply for membership in voluntary old-age insurance or the emoluments relating to the last occupation in the Organization.
Article 5
The terms and conditions for the application of this Agreement shall be agreed, as necessary by administrative arrangement, between the competent French authorities and the ITER Organization, which shall, in common agreement, resolve the difficulties that may arise in the implementation of this Agreement.
Article 6
Each Party shall notify the other of the procedures required for the entry into force of this Agreement, which shall enter into force on the first day of the second month following the date of the last notification.
Article 7
1. This Agreement may be expressly denounced.
2. In the event of denunciation, the provisions of this Agreement shall remain applicable to the rights acquired under the Agreement, notwithstanding the restrictive provisions that French social security legislation would provide for the residence of an insured person abroad.
3. This Agreement may be revised at any time at the request of either Party.
Done on 20 November 2013.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Foreign Affairs,
Laurent Fabius
Xavier Bertrand
20 September 2011
To Mr. Xavier Bertrand,
Minister of Labour, Employment and Health,
Minister,
I have the honour, on behalf of the International Organization for Merger Energy for the implementation of the ITER project, to acknowledge receipt of your letter dated September 7, which is the following:
"Mr. Director General,
I have the honour, on behalf of my Government, to propose to you to enter into a social security agreement between the Government of the French Republic and the International Organization for Merger Energy for the implementation of the ITER project, concerning the conditions of membership of the Organization's staff in the voluntary old-age insurance of the French general regime, the provisions of which are contained in the annex to this letter.
I should be grateful if you would let me know if these provisions were to be accepted by your Organization. In this case, this letter and its annex, as well as your response, will form the social security agreement between the Government of the French Republic and the International Organization for Merger Energy for the implementation of the ITER project. This agreement, whose English and French versions are equally authentic, will come into force in accordance with section 6 of the schedule. »
I am in a position to confirm that the terms of your letter dated 7 September and its annex collect the approval of the International Organization for Merger Energy for the implementation of the ITER project and, with this response, will form the agreement on social security between the Organization and the Government of the French Republic.
Please accept, Minister, the assurance of my highest consideration.
Osamu Motojima,
Director General
ITER Organization
