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Regulation (1977:818) On The Application Of A Convention On 28 June 1976 Between Sweden And The Federal Republic Of Germany For Compensation In The Case Of Loss Of Employment

Original Language Title: Förordning (1977:818) om tillämpning av en konvention den 28 juni 1976 mellan Sverige och Förbundsrepubliken Tyskland om ersättning vid arbetslöshet

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The Convention between Sweden and the Federal Republic of Germany concerning

compensation in the event of unemployment, which was signed on 28 June 1976,

redound to the Institute here in the Kingdom with effect from 1 January 1978.



The Convention is attached to this regulation in Swedish and German text as an attachment.



As evidence of German citizenship, for the purposes of the Convention

valid passport or other certificates of citizenship, issued by

The competent authorities of the Federal Republic of Germany or by the competent

authorities in West Berlin.



For the purposes of applying article 19 mom. 1 of the Convention,

labor market be competent Swedish authority.



Annex



Convention

between the Kingdom of Sweden and the Federal Republic of Germany concerning

compensation in the event of unemployment



The Kingdom of Sweden and the Federal Republic of Germany



DESIRING to regulate their relations in matters of social security at

unemployment, have agreed on the following:



TITLE I



General provisions



Article 1



Definitions



In this Convention, the expression "terms



1. "territory"



with regard to the Federal Republic of Germany the area in which

The Constitution of the Federal Republic of Germany applies, in respect of

Kingdom of Sweden its territory;



2. "citizens"



with regard to the Federal Republic of Germany a German in the for

The Federal Republic of Germany concerning the basic law's meaning, in respect of

The Kingdom of Sweden a person with Swedish citizenship;



3. "law"



laws, regulations, ordinances and other general regulations

for those in article 2. 1 specified branches of social security;



4. "competent authority"



with regard to the Federal Republic of Germany, the Federal Minister for

labour and Social Affairs,



with respect to the Kingdom of Sweden, the Government or the authority

the Government determines;



5. "insurance agency"



with regard to the Federal Republic of Germany, the Federal Office for

work issues,



with respect to the Kingdom of Sweden



--What concerns unemployment insurance, labor market and the

recognised unemployment funds



--What concerns unemployment aid, the Swedish national labour market Board and its

regional bodies (the County labour councils);



6. "employment"



an employment or activity in accordance with the applicable

legislation;



7. "unemployment benefits"



with regard to the Federal Republic of Germany, the charges regardless

compensation in the event of unemployment (so called unemployment assistance), with respect to

The Kingdom of Sweden, the fees independent compensation at

unemployment (cash labour market assistance).



Article 2



Objective scope



1. The Convention, in so far as not otherwise therein provided, applicable to



1) the German legislation concerning unemployment insurance and

unemployment assistance;



2) the Swedish legislation concerning unemployment insurance and

unemployment benefits (cash labour market assistance).



2. for the application of this Convention to be considered non such legislation in

Contracting State, arising from other intergovernmental agreement

or of supranational law or relating to the application of such

agreement or law.



Article 3



Personal scope of the directive



Equal treatment



1. The Convention, in the following unless otherwise stated, as to

unemployment insurance, any person who is subject to it in article 2

specified legislation regardless of citizenship, as

unemployment aid, the Contracting State citizens.



2. in so far as the Convention according to mom. 1 or the provisions of title

(II) are applicable only to those Contracting States ' citizens,

shall with such national par



a) refugees within the meaning of article 1 of the Convention on 28 July 1951

to the status of refugees and the Protocol of 31 January 1967

to the said Convention,



b) stateless persons within the meaning of article 1 of the Convention of 28 september 1954

relating to the status of stateless persons, all under the

provided, that they are domiciled in the Contracting State

territory.



3. The persons referred to in subsection. 1 and 2 are covered by the Convention,

equality in terms of rights and obligations under the

Contracting States ' legislation specified in article 2, unless otherwise

provided for in article 24.



Article 4



Effect of income or employment conditions on contributory

and compensation in the other Contracting State



In so far as, under the law of one Contracting State a

payments under the social legislation or other income or certain

employment effects on fee obligation or right to

insurance or compensation under this Convention shall be subject to the same effect

apply also for similar consideration and similar income from the other

Contracting Governments and similar employment in this State.



Article 5



Applicable law



1. Unless otherwise provided in the mom. 2, the right to insurance and

fee obligations shall be determined in accordance with the legislation of the Contracting

State in whose territory the employed are engaged, even if

the employer can be found within the other Contracting State.



2. Pursuant to article 6-8 and 10 of the Convention on social security

between the Federal Republic of Germany and the Kingdom of Sweden in the field of

insurance obligations employment non applicable legislation

as far as the place of employment, but rather the other

Contracting State, and the laws of the State concerned

also apply in the context of the objective of this Convention

scope of the directive.



3. this Convention non-the provisions of the Vienna Convention on

diplomatic relations and the Vienna Convention on consular

relations, which refers to it in article 2. 1 specified

legislation.



TITLE II



Remuneration right



1. General



Article 6



In the case of claims and procedure legislation in

the Contracting Government within whose territory the claim is raised, if not

otherwise provided in this title.



2. Unemployment insurance



Article 7



Count of the Contracting Governments tillgodoräkningsbara

times



1. For the purpose of determining the claim shall



(a)) in the Federal Republic of Germany the period during which an unemployed person

been a member of the Swedish unemployment insurance fund and been employed in

The Kingdom of Sweden shall be considered as time during which the contributing

employment in the Federal Republic of Germany;



(b)) of the Kingdom of Sweden the time during which a contributing employment

carried out in the Federal Republic of Germany shall be deemed to be time during which the

unemployed person has been a member of the Swedish unemployment insurance fund and been busy

in the Kingdom of Sweden;



(c)) with respect to a national of any of the Contracting States,

be taken into account including those times of membership, employment and

contributing to employment which in each case shall be taken into account

in the other Contracting State on the basis of intergovernmental treaties

or the legal system of the European communities.



2. The unemployed person is the claim of the Federal Republic of

Germany, is mom. 1 applicable only if an unemployed person,



(a)) since he launched the stay in the Federal Republic of Germany, have exercised

According to German law contributing employment during

at least four weeks or



(b)) is a German citizen or



(c)) returns to the Federal Republic of Germany after having been a Member

in the Swedish unemployment insurance fund and has been employed in the Kingdom of Sweden

as well as his most recent taxable employment in German

legislation not further back in time than twelve months

from the date of application.



3. The unemployed person is the claim of the Kingdom of Sweden, is

mom. 1 applicable only if an unemployed person,



(a)) since he started in the Kingdom of Sweden, has been a member of the

Swedish unemployment insurance fund and capital employed in the Kingdom of Sweden in

at least four weeks or



(b)) is a Swedish citizen or



(c)) returns to the Kingdom of Sweden after having pursued an according to

German legislation contributing to employment, as well as his membership in

Swedish unemployment insurance fund and the employment of the Kingdom of Sweden non

farther back in time than twelve months from the date of

application.



4. Times who, under the law of a Contracting State is assimilated

with times of membership and employment or by contributing

employment, shall be taken into account also in the other State, but not for

time for which that State law permits recognition of

equal times.



Article 8



Reduction in the duration of compensation



1. the duration of compensation shall be reduced by the amount of time for which a

Insurance Agency of the other State has granted the unemployed person

unemployment compensation during the 12 months prior to the date of

application, except to the extent that an unemployed person after receipt of this

compensation has completed a new skill time.



2. temporary or permanent replacement Has been refused, has such a

measure the same effect at the same time on claims that an unemployed person travelling

against the insurance agency of the other Contracting State.



Article 9



Moving during the collection of compensation



Move the nationals of one Contracting State for collection of

payments from unemployment insurance to the other

Contracting Governments, insurance agency in that State

grant continued remuneration in accordance with the applicable for Agency

the legislation without trying, even if the qualifying period completed

According to these rules. Article 7 mom. 2 b), and (c)), mom. 3 (b)), and (c)), and

Article 8 shall apply mutatis mutandis.



Article 10



Calculation of the remuneration



In so far as, under the law of a Contracting State in the

size is dependent on previously received wages or of insurance in


some replacement class shall substitute for the time that the worker non

was employed in the territory of that State are calculated on the basis of the

average salary in accordance with collective agreements or, if not available,

the usual rules of salary in a comparable employment in the place of residence

or the replacement class that normally responds to this.



Article 11



Reimbursement of fees and allowances



Reimbursement of fees and allowances shall not take place between either

the Contracting States or the insurance bodies.



3. Unemployment benefits



Article 12



1. in so far as, under the law of a State party claiming

unemployment benefits are dependent on certain jobs completed within

State, a job completed in the other

Contracting Governments shall be treated as if it is completed within the State.

Article 7 mom. 2 and 3, and articles 8 to 11 shall be equivalent

application.



2. in so far as, under the law of a State party claiming

unemployment benefits are subject to the presentation of a claim

unemployment benefits in the past has been and exhausted, a claim

on unemployment benefits, which have persisted and been exhausted in accordance with

the legislation of the other Contracting State, is treated as a

claims, which have been and are exhausted in the first-mentioned Contracting

State. Article 7 mom. 2 and 3, and articles 8, 10 and 11 shall be

the corresponding application.



TITLE III



Other provisions



Administrative and judicial assistance



Article 13



General administrative assistance



The Contracting States ' insurance agencies, associations of

insurance agencies, authorities and courts shall for the purposes of

the legislation referred to in article 2. 1 and of this Convention

give each other mutual assistance in the same way as for the purposes of

the for those laws. Assistance is provided free of charge.



Article 14



Reciprocity in terms of recognition and enforcement of judgments and

decision.



1. A Contracting State's courts announced enforceable judgments

as well as by a Contracting State insurance agencies or

authorities announced the enforceable decision on fees and other

requirements within the scope of the Convention recognized in

the other Contracting Governments.



2. Recognition may be refused only if it is contrary to the General

order in the Contracting State in which the judgment or decision is invoked.



3. According to mom. 1 recognized enforceable judgments and decisions work center in

the other Contracting Governments. For this purpose, the förfares in accordance with the

who, under the law of the State in whose territory the

the execution is to take place, applies to the enforcement of this State

announced similar judgments and decisions. Transcript of judgment or decision

must be provided with a certificate of its enforceability (exigibilitetsklausul).



4. Have insurance agencies of a Contracting State may claim on oguldna

fees, shall be enforced, as well as in bankruptcy and

conciliation proceedings in the other State, such claims have the same

ranking as a corresponding claim in the State.



5. other receivables according to mom. 1 of course, while article 20 specified

compensation claims.



Article 15



Exemption from tax, levies and legalization



1. a Contracting State before the written exemption from

or reduction of taxes or charges, in that included consular

and administrative fees, for acts or decisions, which shall

produced in and for the purposes of this law, utsträckes to

the corresponding documents and decisions to be presented in and

for the application of this Convention or of the article 2. 1

specified the legislation of the other Contracting State.



2. the decision, which shall be established in and for the purposes of this Convention

or the one in article 2. 1 specified laws, need not be provided

with the certificate of authenticity (COA) or subject to any other similar formality by

the basis of the other Contracting State Agency.



Article 16



The procedure for contact between authorities, courts and

the insurance bodies



In article 13 the intended body may for the purposes of article 2.

1 specified legislation and by this Convention come into immediate

connected with one another and with the persons concerned and their representatives in

their language. Relating to the use of an interpreter is not affected. Decisions, decisions

and other documents can be directly sent to a person residing

in the other Contracting State in the preferred

delivery with acknowledgement of receipt.



Article 17



Compliance with Cook time



1. Have application for compensation under a Contracting State

legislation made by a body in the other Contracting State;

which is competent to receive the application for a corresponding compensation in accordance with

the for this body of legislation in force, shall be considered the application as

made of the competent insurance body. The foregoing is the owner of the corresponding

application to other applications, declarations and appeals writings.



2. applications, declarations and appeals writings of the body in

one Contracting State, to which they have been tabled, without delay

forwarded to the other competent bodies.



Article 18



Right for yrkeskonsulära authorities to be representative



One Contracting State's yrkeskonsulära authorities of the other

Contracting Government has the right to without submission of a power of Attorney, the

ersättningsberättigads request, take the necessary measures to

secure and maintain the rights of the former

citizens. In particular, those of the bodies referred to in article 13 of

the interest of the citizens make applications, give explanations and submit

appeal papers.



Application and interpretation of the Convention



Article 19



Mutual intelligence-liaison bodies



1. the competent authorities shall inform each other of changes in

and extensions of them existing in article 2 the specified legislation.



2. the application of this Convention is for the liaison bodies.



These are in the Federal Republic of Germany, on behalf of the Federal Office of

Labour Affairs central administration, Nuremberg in the Kingdom of Sweden

labor market.



Article 20



Liability claims against third parties



If any, which according to the article 2 of said law has received

compensation in one Contracting State as a result of unemployment,

According to the other Contracting State has claimed

compensation against third parties due to it by unemployment resulting

the damage, such claims go over at the required

According to the insurance agency for this legislation.



Article 21



Means of payment and currency conversions



Cash payment may by a Contracting State insurance agency

liberating effect granted to a person who stays in the other

Contracting State, in the currency of that State. In

the relationship between the body and the compensation

legitimate concerns for the conversion the current adopted

for the cash transfer. An insurance agency

payments to an insurance agency of the other Contracting

the State shall take place in the latter State. An insurance agency

payments to an insurance agency of the other Contracting

the State in the cases referred to in articles 14 and 20 shall be in the

former State.



Article 22



Rendering of unduly granted benefits



1. If the insurance bodies in a State party wrongly granted

compensation, it can incorrectly amount paid be suspended for

Insurance Agency's behalf from subsequent or current

payment according to the other Contracting State;



2. Is someone under a Contracting State entitled

to cash compensation for the time for which he or his

family members received benefits from a social services agency in the

other Contracting State, shall this cash payment upon request

of the eligible social assistance agency suspended, for its

Bill as if it was a social services agency based in the

former State.



Article 23



Arbitration clause



1. Disputes between the two States parties of the Convention

interpretation or application of the agreement shall, as far as possible be attached by the

competent authorities.



2. can the litigation non settled in this way, the hänskjutes on demand

of a Contracting State to a Court of arbitration.



3. the arbitral tribunal is formed for each particular case by each of

the Contracting States will appoint one Member and these two members

ENAR is a national of a third State as President, the appointed

of the two Contracting States. The members appointed in

two months and the Chairman within three months of the one

Contracting Governments announced the second that it intends to submit

dispute a Court of arbitration.



4. If the time limits specified in the third subparagraph, non lacking license agreement can

the other agreement each of the Contracting States

recourse to the President of the European Court of human

rights with the necessary people's appearance. Is

President national of one of the Contracting States or is he

for any other reason unable, the persons appointed by the

Vice President. The Vice President is also a national of one of the

Contracting States or is he also prevented, the person

appointed by it to rank then Chief member of the Court of Justice, which

non nationals of any of the Contracting States.



5. the arbitral tribunal meets its ruling by majority decision on

the basis of the present Treaty between the parties and the general public international law.

Its decisions are binding. Each of the Contracting States carries


the costs of its member and for his participation in the proceedings before

the arbitral tribunal. The costs of the Chairman and the remaining costs are borne

of the Contracting States to equal parts. The arbitral tribunal may

decide on the different cost control. Otherwise govern the arbitral tribunal

self their procedure.



Article 24



Appointment of members of the judicial bodies of the insurance agencies and boards



A Contracting State relating to the securing of the insured's

and employers ' participation in agencies and insurance agencies

self-management and associations in the operation of the

social security is not affected.



TITLE IV



Transitional and final provisions



Article 25



Transitional rules



1. this Convention found no right to compensation of time prior to its

date of entry into force.



2. for the application of this Convention shall be taken into account even before the entry into force

initializing elements relevant under the Contracting

States ' legislation.



3. Previous rulings prevent non application Convention.



Article 26



Berlin-clause



The Convention also apply to Land Berlin, if non-Federal Republic of

The German Government to the Government of the Kingdom of Sweden emits the opposite

explain within three months after the entry into force of the Convention.



Article 27



Date of entry into force



1. The Convention shall be subject to ratification; the instruments of ratification shall

be exchanged as soon as possible, in Stockholm.



2. the Convention enters into force on the first day of the second month

After the end of the month in which the instruments of ratification

exchanged.



Article 28



The period of validity of the



1. The Convention is concluded for an indefinite period. Each Contracting State may

at least three months in advance to say up to the end of a

calendar year.



2. the Convention Ceases to have effect as a result of the termination, its

rules still apply to claims incurred

prior to that.



For CONFIRMATION OF THIS, the undersigned hereto by their Governments

duly accredited representative signed this Convention and

provided it with his seal.



Done at Bonn on June 28, 1976 in two original copies, each in the

Swedish and German languages, both texts being equally authentic.



For The Kingdom Of Sweden

Ingemund Bengtsson

Sven Backlund