Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2014-306 of 7 March 2014 authorizing the approval of the social security agreement between the Government of the French Republic and the Government of the Eastern Republic of Uruguay;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The Social Security Agreement between the Government of the French Republic and the Government of the Eastern Republic of Uruguay, signed in Montevideo on 6 December 2010, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
AGREEMENT
between the Government of the French Republic and the Government of the Eastern Republic of Uruguay, signed at Montevideo on 6 December 2010
The Government of the French Republic
And
The Government of the Eastern Republic of Uruguay,
hereinafter referred to as the Contracting States;
Wishing to establish mutual relations between the two countries in the field of social security, decided to conclude an agreement to that effect and
agreed that:
Part I
General provisions
Article 1
Definitions
1. The following terms and expressions have, for the purposes of this Agreement, the following meaning:
(a) “France”: the French Republic; "Uruguay": the Eastern Republic of Uruguay;
(b) "Legislation": all constitutional, legislative, regulatory and other legal provisions, as well as all other enforcement measures, which relate to social security regimes, referred to in Article 2 of this Agreement;
(c) Competent authority:
- for France: the Ministry(s) in charge of social security;
- for Uruguay: the Ministry of Labour and Social Security or the corresponding delegated agency;
(d) "Competent institution": the institution, body or authority responsible, in whole or in part, for the application of the legislation referred to in Article 2 of this Agreement;
(e) "Organization of liaison": the body, designated as such by the competent authority of each Contracting State in the administrative arrangement provided for in Article 22 of this Agreement, in order to perform the functions of coordination, information and assistance, for the purposes of this Agreement, with the institutions of the two Contracting States and persons likely to arise under Article 3 of this Agreement;
(f) "Ensuring period": any period of assessment or insurance recognized as such by the legislation under which the period was completed, and any period assimilated to a period of assessment or insurance under the said legislation;
(g) Pension or annuity:
- in respect of France: any cash benefit, including the lump sums, supplements and increases applicable under the legislation referred to in Article 2 of this Agreement, to cover the risks of disability, old age, survivors, occupational accidents and occupational diseases, excluding temporary disability allowances provided for in its legislation;
- in respect of Uruguay: any provision, in cash or in kind, provided for in the legislation referred to in Article 2 of this Agreement, including supplements, increases and revalues;
h) "Residence": the usual place of residence of a person;
(i) "Territory":
- with regard to France: the territory of the metropolitan and overseas departments of the French Republic, including the territorial sea and, beyond that, the areas on which, in accordance with international law, the French Republic has sovereign rights and exercises its jurisdiction;
- with respect to Uruguay: the territory of the Eastern Republic of Uruguay, including the territorial sea, and the areas on which, in accordance with international law, the Eastern Republic of Uruguay has sovereign rights for the exploration and exploitation of the natural resources of the seabed and its subsoil and the underlying waters.
2. For the purposes of this Agreement, any term not defined in paragraph 1 of this Article shall have the meaning assigned to it by the applicable law.
Article 2
Field of material application
1. This Agreement applies, in whole or in part, according to the articles, to the laws relating to general and special, compulsory and voluntary social security schemes, including the regimes of independent professionals, which cover the following risks:
- disease;
- maternity and paternity assimilated;
- Disability;
- death;
- old age;
- survivors (thinks);
- occupational accidents and diseases;
- family.
This Agreement does not apply, for France, to the voluntary insurance plans referred to in Book VII of the Social Security Code and administered by the Caisse des Français de l' étrangers.
2. (a) This Agreement also applies to all provisions that amend or extend the legislation referred to in paragraph 1 of this Article.
(b) It applies to any legislation that extends existing regimes to new categories of beneficiaries, unless, in this regard, the Contracting State that has amended its legislation shall inform the other Contracting State, within six months of the official publication of the said legislation, of its objections to the inclusion of these new categories of beneficiaries.
(c) This Agreement does not apply, on the other hand, to the legislative provisions that create a new social security branch, unless the competent authorities of the Contracting States agree to apply them.
Article 3
Field of personal application
Except as otherwise provided, this Agreement shall apply to all persons, irrespective of their nationality, who are or have been subject to the legislation of either Contracting State and their rightful persons, as well as to their survivors.
Article 4
Equal treatment
Except as otherwise provided in this Agreement, persons referred to in Article 3 who usually reside in the territory of a Contracting State shall have the same rights and obligations as those accorded or imposed by the legislation of that Contracting State.
Article 5
Export of benefits
Unless otherwise provided in this Agreement, a Contracting State may not suspend, reduce or amend pensions and annuities acquired under its legislation or this Agreement for the sole reason that the beneficiary resides or resides in the territory of the other Contracting State or a third State. This provision does not apply to non-contributory benefits of national solidarity, which can only be served on the territory of the debtor State of these benefits. These are listed in the administrative arrangement provided for in Article 22 of this Agreement.
The debiting institution pays directly to the beneficiary the pension or annuities due to it, the maturity dates and the terms and conditions set out in the legislation it applies.
Article 6
Reduction, suspension or deletion clauses
1. The reduction, suspension, deletion clauses provided for in the legislation of a Contracting State, in the event of a cumulative benefit with other social security benefits or with other income of any kind, shall be enforceable to the beneficiary even if such benefits are acquired under a scheme of the other Contracting State or if such income is obtained in the territory of the other Contracting State. However, this provision does not apply to similar benefits calculated in accordance with the provisions of Article 15 of this Agreement.
2. The reduction, suspension or deletion clauses provided for in the legislation of a Contracting State, in cases where the beneficiary of disability benefits or anticipated old-age benefits carries on a work activity, shall be enforceable even if the beneficiary carries on business in the territory of the other Contracting State.
Part II
Provisions relating to applicable legislation
Article 7
General rule
Subject to Articles 8 to 12, a person engaged in professional activity in the territory of a Contracting State shall, under that activity, be subject only to the law of that State.
Article 8
Special provisions: detachment
1. A person habitually engaged in an employee activity in a Contracting State on behalf of an employer who normally performs his or her activities and detached by that employer in the other Contracting State to work on behalf of that employer shall remain subject to the legislation of the first Contracting State, as defined in Article 2, provided that the person is not sent to replace another person who has reached the end of the period of his or her own detachment and that the foreseeable period
2. Paragraph 1 of this Article shall apply if a person who has been detached by his employer from the territory of a Contracting State in the territory of a third State is subsequently sent by the same employer from the territory of that third State in the territory of the other Contracting State.
Article 9
Special provisions: rolling or navigating personnel of an international transport company
1. A person who is a member of the rolling or navigating personnel of a company performing, on behalf of others or on their own behalf, international transport of passengers or goods and having its seat in the territory of a Contracting State shall be subject to the law of that Contracting State.
2. However, if the person is employed by a branch, a permanent representation or is attached to a base of assignment that the company has in the territory of the Contracting State other than that in which it has its seat, it is, with respect to that activity, subject only to the legislation of the Contracting State in the territory of which that branch, permanent representation or base of assignment is located.
3. Notwithstanding the two preceding paragraphs, if the employee works in a predominant manner in the territory of the Contracting State in which he resides, he is, with respect to that activity, subject only to the legislation of that Contracting State, even if the carrier who employs him has no seat, branch or permanent representation on that territory. The conditions for assessing the preponderant nature of the activity are defined in the administrative arrangement provided for in Article 22 of this Agreement.
Article 10
Special provisions: seafarers
1. A person engaged in a professional activity on board a vessel flying the flag of a Contracting State shall be subject to the legislation of that Contracting State.
2. By derogation from paragraph 1 above, a person engaged in an employee activity on board a ship flying the flag of one of the Contracting States and paid under that activity by a company or a person having his or her seat or domicile in the territory of the other Contracting State shall be subject to the law of the latter if the person has his or her residence in the territory of the other Contracting State; the corporation or the person paying the remuneration is considered to be the employer for the purposes of the said legislation.
3. By derogation from paragraph 1 above, where a worker engaged in a joint fishing enterprise resides in the territory of the Contracting State in which that undertaking is located, he is subject to the law of that State.
4. Notwithstanding the three paragraphs above, if the employee works in a predominant manner in the territory of the Contracting State in which he resides, he is, in respect of that activity, subject only to the legislation of that Contracting State, even if the fishing enterprise that employs him has no seat, branch or permanent representation in that territory. The conditions for assessing the preponderant nature of the activity are defined in the administrative arrangement provided for in Article 22 of this Agreement.
5. Workers employed in the loading, unloading and repair of ships or in surveillance services in a port are subject to the legislation of the Contracting State in which the port is located.
Article 11
Officials and members of diplomatic and consular missions
1. Officials and assimilated personnel as well as members of their families who do not exercise professional activity remain subject to the legislation of the contracting State which depends on the administration that employs them.
2. This Agreement does not affect the provisions of the Vienna Convention of 18 April 1961 on Diplomatic Relations or those of the Vienna Convention of 24 April 1963 on Consular Relations.
Article 12
Exceptions to the provisions of articles 7 to 11
In the interest of certain insured persons or certain categories of insured persons, the competent authorities or competent bodies designated for this purpose in the administrative arrangement provided for in Article 22 of this Agreement may jointly provide for exceptions to the provisions of Articles 7 to 11 provided that the persons concerned are subject to the legislation of one of the Contracting States.
Part three
Provisions relating to benefits
Chapter 1: Disability, Old Age and Survivors Pensions
Article 13
Conditions of appreciation of the right to benefit
1. If the legislation of one of the Contracting States provides for the granting of benefits provided that the worker is subject to that legislation at the time of the occurrence of the benefit-generating act, that condition shall be deemed to be met if, at the time of the occurrence of the benefit, the worker shall contribute to the other Contracting State or receive a pension of the same nature of that second State.
2. If, for the recognition of the right to benefit, the legislation of one of the Contracting States requires that periods of insurance have been completed in a specified time, immediately before the event at the origin of the benefit, that condition shall be deemed to be met if the person concerned justifies such periods of insurance under the law of the other Contracting State in the period immediately preceding the event.
Article 14
Totalization of insurance periods
1. Where periods of insurance have been made under the law of the two Contracting States, the competent institution of each Contracting State shall take into account, if necessary, for the opening of the right under the legislation it applies, periods made under the law of the other Contracting State, provided that such periods do not overlap.
The administrative arrangement provided for in Article 22 of this Agreement provides for provisions to be applied in the event of overlay of periods.
2. If the legislation of one of the two Contracting States provides for the granting of certain old-age or survivor benefits provided that the insurance periods have been made under a special plan or in a particular occupation or activity, only the insurance periods performed under an equivalent plan or in the same occupation in the other Contracting State shall be totaled for the opening of the right to such benefits.
3. The periods of insurance carried out under a special regime of one of the Contracting States shall be taken into account under the general regime of the other State for the acquisition of the right to benefits provided that the person concerned has also been affiliated with the scheme, even if such periods have already been taken into account by the latter State under a plan referred to in paragraph 2.
4. The provisions of paragraphs 1 and 2 of this article do not apply, for France, to the special regimes of civil and military officials of the State, the territorial public service, the hospital public service and the regime of workers of the industrial establishments of the State for the opening of rights to the benefits of the special regime. However, for the determination of the pension liquidation rate, the French special regimes of civil and military officials of the State, the territorial public service, the hospital public service and the workers of the industrial establishments of the State take into account, under the term of insurance carried out in one or more other mandatory basic pension plans, the periods of insurance carried out under Uruguayan legislation.
5. For the purposes of the provisions relating to the totalization of insurance periods and the calculation of the right to pension, the periods in third States related to either of the Contracting States by a social security agreement providing for the totalization of disability, old age and survivor risks are taken into account.
Article 15
Calculation of disability, old age and survivor benefits
1. If a person is entitled to a disability, old age or survivor benefit in accordance with the law of one of the Contracting States without the need to make use of the insurance periods under the law of the other Contracting State, the competent institution of the first Contracting State shall calculate the benefit entitlements directly on the basis of the insurance periods performed exclusively under its legislation.
The amount of benefit obtained is compared to the amount otherwise calculated by the competent institution by applying the rules set out in paragraph 2 below. Only the highest amount of both is considered and will be paid to the individual.
2. If the conditions required by the law of one of the Contracting States to open the right to a disability, old age or survivor benefit are fulfilled only by resorting to the periods of insurance under the law of the other Contracting State or that of a third State in accordance with paragraph 5 of Article 14 of this Agreement, the competent institution of the first Contracting State shall calculate the amount of the pension or the following annuity to be paid
(a) The competent institution first calculates a theoretical amount of benefit due as if all insurance periods were completed exclusively under its own legislation;
(b) It then calculates the amount actually due by proletizing the theoretical amount thus obtained for the duration of the insurance periods under its legislation reported to the total duration of the insurance periods under the laws of the two Contracting States. This total duration shall be capped to the maximum duration possibly required by the legislation that the first Contracting State applies for the benefit of a complete benefit.
3. The pro-rata calculation does not apply to benefits whose calculation is not based on insurance periods. In this case, the benefits are calculated in accordance with the legislation of the Contracting State concerned.
Article 16
Insurance periods below one year
1. If the total duration of the insurance periods under the law of one of the Contracting States is less than one year, the competent institution of that State shall not be required to complete the totality provided for in Articles 14 and 15 of this Agreement to grant a pension. However, if these only periods are sufficient to open a pension under this legislation, the pension is then liquidated on that basis.
2. The periods referred to in paragraph 1 shall nevertheless be taken into consideration for the opening and calculation of pension rights under the law of the other Contracting State in accordance with the provisions of Articles 14 and 15 of this Agreement.
3. Notwithstanding the provisions of paragraphs 1 and 2 above, in cases where the periods in the two Contracting States would be less than one year, they shall be totaled in accordance with Articles 14 and 15 of this Agreement if, with this totalisation, the right to benefits shall be opened under the laws of one or both Contracting States.
Article 17
Revision of benefits
1. If, as a result of the increase in the cost of living, wage recovery or other accommodation clause, the disability, old age or survivor benefits of one or the other Contracting State are increased by a certain percentage or amount, that percentage or amount must be directly applied to the disability, old age or survivor benefits of the State concerned, without the other Contracting State having to make such benefits.
2. However, in the event of a change in the rules or method of calculation for the award of disability, old age or survivor benefits, a new calculation shall be made in accordance with Articles 14 and 5 of this Agreement.
Article 18
Provisions specific to disability benefits
1. For the determination of the reduction of the working capacity for the purpose of granting the corresponding disability benefits, the competent institution of each of the Contracting States shall conduct its assessment in accordance with the legislation it applies.
2. For the purpose of applying the provisions of paragraph 1 above, the competent institution of the Contracting State in whose territory the applicant resides shall make available to the competent institution of the other Contracting State, at the request of the other Contracting State and free of charge, the medical reports and documents that it has in its possession.
3. At the request of the competent institution of the Contracting State whose legislation is applied, the competent institution of the Contracting State in whose territory the applicant resides shall carry out the medical examinations necessary to assess the situation of the applicant. Medical examinations which fall within the sole interest of the above-mentioned first institution shall be fully covered by the above-mentioned institution, in accordance with the terms set out in the administrative arrangement provided for in Article 22 of this Agreement.
Chapter 2: Occupational Accident and Disease Benefits
Article 19
Determination of entitlement to benefits
1. The right to benefits as a result of a work accident or occupational illness is opened in accordance with the legislation of the Contracting State to which the worker was subjected at the date of the accident or to that to which the worker was subjected during the period of exposure to the risk of occupational disease.
2. Where the victim of a professional illness has exercised employment in the territory of the two Contracting States likely to cause the illness, the benefits to which the victim or his survivors may claim are granted exclusively under the laws of the Contracting State in the territory of which the employment in question has been exercised in the last place, and subject to the fulfilment of the conditions provided for by that legislation.
3. Where the legislation of one of the Contracting States provides for the benefit of occupational sickness benefits provided that the illness under consideration has been medically recognized for the first time in its territory, that condition shall be deemed to have been met when the illness was first found in the territory of the other Contracting State.
Chapter 3: Health and maternity benefits and similar paternity benefits
Rule 20
Totalization of insurance periods
For the opening and determination of the rights to sickness and maternity benefits as well as to equal paternity benefits provided for in the legislation of each of the two Contracting States, it shall be taken into account, if necessary, periods of insurance carried out under the law of the other Contracting State, provided that the person concerned is a social security regime under a professional activity.
Chapter 4: Family benefits
Article 21
Family benefits paid to individuals exempted from affiliation to local plan
The family benefits to which a person, who is kept under the law of one of the Contracting States pursuant to the provisions of Articles 8 to 12 above, may be entitled under this legislation, for children residing with him in the territory of the other Contracting State, are listed in the administrative arrangement provided for in Article 22 of this Agreement.
Part Four
Miscellaneous provisions
Article 22
Attributions of competent authorities
The competent authorities:
(a) Provide, through an administrative arrangement, the measures required to implement this Agreement, including measures relating to the consideration of insurance periods, and designate liaison agencies and relevant institutions;
(b) Define reciprocal administrative assistance procedures, including the sharing of costs related to obtaining medical, administrative or other evidence required for the purposes of this Agreement;
(c) Provides direct information on the measures taken to implement this Agreement;
(d) Include, directly and as soon as possible, any amendments to their legislation that may affect the application of this Agreement.
Article 23
Administrative cooperation
1. For the purposes of this Agreement, the competent authorities and the competent institutions of the two Contracting States shall assist in the determination of the rights to a benefit or for its payment under this Agreement as they would do for the purposes of their own legislation. In principle, assistance is provided free of charge. However, the competent authorities may agree on reimbursement of certain costs.
2. The benefit of exemptions or reductions of taxes and stamp or registration fees provided for in the legislation of a Contracting State for certificates or other documents that must be produced for the application of the legislation of that State is extended to certificates and similar documents to be produced for the application of the legislation of the other State.
3. Documents and certificates to be produced for the purposes of this Agreement shall be exempted from legalization by diplomatic or consular authorities and translation.
The documents and certificates issued by a competent institution or through a liaison agency of a Contracting State shall be considered authentic by the competent institution of the other Contracting State without certification or additional condition.
4. The Contracting States shall agree, in the administrative arrangement provided for in Article 22 of this Agreement, on the terms and conditions for the joint follow-up of the detachment procedure defined in Article 8, including statistical monitoring and exchange of information in this regard.
5. For the purposes of this Agreement, the competent authorities and the competent institutions of the Contracting States, as well as their liaison bodies, may communicate directly with each other and with any person, irrespective of their place of residence. This communication may be made in one of the languages used for official purposes by the Contracting States. An application or document may not be rejected by the competent authority or the competent institutions or the liaison agency of a Contracting State solely because it (it) is written in the official language of the other Contracting State.
Article 24
Challenges, actions and remedies
1. Disputes, actions or remedies which, pursuant to the law of one of the Contracting States, must be submitted within a prescribed period to the competent institution, authority or judicial body of that Contracting State shall be admissible if they are submitted within the same period prescribed to a competent institution, authority or judicial body of the other Contracting State. In this case, they shall be transmitted without delay to the competent institution, authority or judicial body of the first Contracting State, either directly or through the competent authorities of the Contracting States. The date on which these disputes, actions or appeals have been submitted to a competent institution, authority or judicial body of the second Contracting State shall be deemed to be the date on which the institution, authority or body authorized to receive such disputes, actions and appeals.
2. An application for benefits under the legislation of a Contracting State shall also be deemed to be an application for the benefit of the same nature in accordance with the legislation of the other Contracting State provided that the applicant expresses its will and submits the documents indicating that it has fulfilled the periods of insurance required by the law of the second State.
Rule 25
Communication of personal data
1. For the exclusive purposes of the application of this Agreement and the legislation referred to by it, the competent authorities and institutions of the two Contracting States are authorized to communicate personal data.
2. This communication is subject to compliance with the personal data protection legislation of the Contracting State of the authority or institution that communicates such data.
3. The preservation, processing or dissemination of personal data by the authority or institution of the Contracting State to which it is communicated shall be subject to the legislation concerning the protection of personal data of that State.
Rule 26
Recovery of contributions and undue benefits
1. The judicial or administrative decisions of one of the Contracting States relating to social security contributions or contributions and other requests, including the return of unduly paid benefits, are recognized in the territory of the other Contracting State. The decision must be accompanied by a document certifying its enforceability.
2. Recognition of a decision may be denied only when it is not in accordance with the legal principles of the Contracting State in whose territory it is to be executed.
3. The procedure for the execution of such decisions shall be in accordance with the relevant legislation in the Contracting State in the territory of which the execution shall take place.
4. Contributions and contributions due as well as unduly paid benefits by the competent institution of one of the Contracting States have, as part of a procedure of execution, bankruptcy or forced liquidation in the territory of the other Contracting State, the same priority as the equivalent claims in the territory of the other Contracting State.
5. The claims to be recovered or resulting in a forced recovery procedure are protected by the same guarantees and privileges as the claims of the same nature of a competent institution located in the territory of the Contracting State on which the collection or forced recovery is carried out.
Rule 27
Combating fraud
Conditions of residence affiliation and eligibility
l. The Contracting States shall mutually reinforce the provisions of their legislation relating to the determination of the quality of residence in their respective territory.
2. The competent institution of a Contracting State, which is obliged to examine the conditions under which a person may benefit, because of his residence in the territory of that State, either from the affiliation to a social protection regime, or from the granting of a benefit, may, if he considers it necessary, interrogate the competent institution of the other Contracting State in order to ascertain the reality of the residence of that person on the territory of that Contracting State.
3. The competent institution interviewed is required to provide the relevant information available to it that may eliminate any doubt as to the resident quality of the person concerned.
Resource assessment
4. The competent institution of a Contracting State whose legislation is applicable may, if it considers it necessary, interrogate a competent institution of the other Contracting State on the resources and income of any kind available to a person subject to the said legislation in the territory of the Contracting State and, as such, must pay contributions or contributions.
5. The provisions set out in the preceding paragraph apply in the same manner when the competent institution examines the right of a person to a benefit subject to a condition of resources.
6. The competent institution of the Contracting State which is interrogated shall provide the information requested in accordance with the provisions of its domestic legislation and the international agreements in force between the two States, without prejudice to the obligations to which each of these two States is subject under multilateral international agreements.
Rule 28
Payment of benefits
1. Payments of benefits under this Agreement shall be made in the currency of the Contracting State of the debtor agency of the said benefits.
2. The provisions of a Contracting State's foreign exchange control legislation shall not preclude the free transfer of financial amounts resulting from the application of this Agreement.
Rule 29
Settlement of disputes
Disputes arising from the interpretation or application of this Agreement shall be settled, to the extent possible, by the competent authorities. They may, where appropriate, delegate this competence to one or more competent institutions and/or their respective focal points.
Rule 30
Joint Commission
A joint commission, composed of representatives of the competent authorities of each of the Contracting States, shall be responsible for following up on the application of this Agreement, proposing possible amendments and resolving any difficulties and disputes relating to its application or interpretation. It shall meet, as necessary, at the request of either of the Contracting States.
Rule 31
Technical cooperation
The competent authorities of the Contracting States may strengthen their cooperation and develop exchanges of good practices, expertise and technical assistance on one or more aspects of their social security systems, as well as joint projects in this area. The competent authorities may, where appropriate, delegate this competence to one or more competent institutions and/or specialized bodies or structures for this purpose.
Part Five
Transitional and final provisions
Rule 32
International provisions to which the Agreement does not infringe
Nothing in this Agreement shall affect the rights and obligations arising from:
- for France, as a member of the European Union;
- for Uruguay, as a member of MERCOSUR.
Rule 33
Facts prior to the entry into force of the Agreement
1. This Agreement shall not create any entitlement to benefits for any period prior to its entry into force.
2. However, the periods of insurance under the law of one of the Contracting States and the events that occurred before the date of entry into force of this Agreement shall be taken into account in determining the entitlements to benefit in accordance with the provisions of this Agreement.
3. This Agreement does not apply to rights liquidated by the granting of a capital or the reimbursement of contributions.
4. For the purposes of Article 8 of this Agreement, persons who have been sent to a Contracting State before the date of entry into force of this Agreement shall be deemed to have commenced at that date the periods of activity referred to in that Article.
Rule 34
Revision, prescription, loss of right
1. Any benefit not paid or suspended because of the nationality of the person concerned or because of his residence in the territory of a Contracting State other than that in which the competent institution responsible for the payment is located, shall be subject, at the request of the person concerned, to a review under the provisions of this Agreement. It may, if it is in accordance with these Agreements, be paid or restored from the date of entry into force of this Agreement.
2. The opening of the rights of the persons concerned who, prior to the entry into force of this Agreement, have obtained the payment of a benefit, may be reviewed at the request of such persons, in accordance with the provisions of this Agreement. In no case shall this review result in a reduction in the prior rights of the persons concerned.
3. If the application referred to in paragraph 1 or 2 of this Article is filed within two years from the date of entry into force of this Agreement, any right arising out of the application of this Agreement shall be effective from that date and the legislation of either Contracting State relating to the loss or limitation of the law shall not apply to such persons.
4. If the application referred to in paragraph 1 or 2 of this Article is submitted more than two years after the entry into force of this Agreement, the rights not liable to be waived or not yet prescribed shall be acquired from the date of the application, unless more favourable legislative provisions of the Contracting State concerned are applicable.
Rule 35
Duration
This Agreement shall be concluded for an indefinite period. It may be denounced by one of the Contracting States. The denunciation must be notified by diplomatic means; in such cases, the Agreement ceases to produce its effects upon the expiration of a period of twelve months from the date of denunciation.
Rule 36
Guarantee of rights acquired or in the course of acquisition
In the event of denunciation of this Agreement, any right to benefit and any payment of benefit acquired under this Agreement shall be maintained and the Contracting States shall make the necessary arrangements to guarantee the rights being acquired.
Rule 37
Entry into force
The two Contracting States shall, through diplomatic channels, notify themselves of the fulfilment of their respective constitutional and legal procedures required for the entry into force of this Agreement. This Agreement shall enter into force on the first day of the third month following the date of the last notification.
In faith, the undersigned, duly authorized by their respective Governments, have signed this Agreement.
Done in Montevideo on 6 December 2010, in two original copies, in French and Spanish, both texts being equally authentic.
For the Government of the French Republic:
Jean-Christophe Potton
Ambassador of France to Uruguay
For the Government of the Eastern Republic of Uruguay:
Eduardo Brenta
Minister of Labour and Social Security
Done on July 3, 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
