O presente Acordo entra em vigor na mesma data da Convenção e vigorará durante o mesmo período.
Feito em duplicado em língua inglesa aos 15 de Dezembro de 1980.
Pelo Instituto de Seguro Nacional:
(Assinatura ilegível.)
Pela Caixa Central de Segurança Social dos Trabalhadores Migrantes:
(Assinatura ilegível.)
ANEXO
Organismos de ligação, nos termos do disposto no artigo 2.º:
Na Noruega - o Instituto de Seguro Nacional (Rikstrygdeverket), Drammenvelen 60, Oslo 2, Norway;
Em Portugal - a Caixa Central de Segurança Social dos Trabalhadores Migrantes, Rua da Junqueira, 112 - 1300 Lisboa - Portugal.
Administrative Agreement for the Implementation of the Convention on Social Security Between Norway and Portugal
By virtue of article 32 of the Convention between Norway and Portugal on social security signed in Oslo on June 5th 1980, hereinafter referred to as «the Convention»:
The National Insurance Institution (Rikstrygdeverket), on the Norwegian side, and the Central Security Body for Migrant Workers (Caixa Central de Segurança Social dos Trabalhadores Migrantes), on the Portuguese side, who are designated by their respective competent authorities, have agreed on the following provisions for the implementation of the Convention:
ARTICLE 1
Definitions
In the following articles the words and expressions which are defined in article 1 of the Convention, shall have the meaning there assigned to them.
ARTICLE 2
Liaison bodies
- 1 -The liaison bodies under article 32 of the Convention are:
In Norway - the National Insurance Institution (Rikstrygdeverket);
In Portugal - the Central Security Body for Migrant Workers (Caixa Central de Segurança Social dos Trabalhadores Migrantes).
Information and addresses of the liaison bodies have been included in the appendix to this Agreement.
- 2 -The competent authorities of each of the Contracting Parties may designate other liaison bodies. They shall in such case notify one another thereof.
- 3 -The liaison bodies and insurance institutions may communicate direct with one another and with the persons mentioned in article 3 of the Convention.
- 4 -The liaison bodies shall in consultation with one another draw up such forms as are necessary for the implementation of the Convention and this Agreement.
ARTICLE 3
Employus sent from one country to the other
- 1 -In the cases mentioned in article 8 and article 9 (2), last sentence, of the Convention, the insurance institutions mentioned in (2) and (3) below shall on request of the employer or the employee certify that the employee concerned continues to be subject to the social security legislation of the sending country as if he still was employed there.
- 2 -The certification is given on a specific form in Norway by the National Insurance Office for Social Insurance Abroad (Folketrygdkontoret for utenlandssaker) and is delivered to the employer in Portugal.
- 3 -The certification is given on a specific form in Portugal by the social insurance institution where the worker is registered. It is delivered through the employer in Norway to the local National Insurance Office (det lokale trygdekontor), where the employment according to the regulations concerning the employer/employee register shall be reported.
- 4 -If the employee's stay in the other country exceeds the 12-month's period stated in article 8 (1), first sentence, of the Convention, the employer shall, in sufficient time before the expiry of the said period, submit an application for an extension on a specific form pursuant to article 8 (1), second sentence, of the Convention.
If the application concerns work in Norway, the application shall be sent for decision to the Portuguese liaison body. If the application is granted it is immediately forwarded to the National Insurance Office for Social Insurance Abroad for its consent thereto. Consent from Norway shall be regarded as granted if refusal of consent has not been received by the Portuguese liaison body within eight weeks from the date on which the application was sent.
If the application concerns work in Portugal, it shall be sent for decision to the National Insurance Office for Social Insurance Abroad. If the application is granted it is sent to the Portuguese liaison body for its consent thereto. Consent from Portugal shall be regarded as granted if refusal of consent has not been received by the National Insurance Office for Social Insurance Abroad within eight weeks from the date on which the application was sent.
ARTICLE 4
Diplomatic or consular representation
- 1 -Portuguese diplomatic or consular representation in Norway shall report to the Oslo National Insurance Office (Oslo trygdekontor) the employees who under article 10 (2) of the Convention are subject to Norwegian obligatory social security. Employer's contribution is payable to the Oslo Tax Collector (Oslo Kemnerkontor).
Norwegian diplomatic or consular representation in Portugal shall report the employees who under article 10 (2) of the Convention are subject to Portuguese obligatory social security to the Portuguese liaison body. Employer's contribution is payable to the Financial Administration Institute of Social Insurance (Instituto de Gestão Financeira da Segurança Social).
- 2 -Portuguese diplomatic or consular representation in Norway shall report to the Portuguese liaison body the employees who, by virtue of article 10 (3) of the Convention, opt to be subject to Portuguese legislation. The Portuguese liaison body shall inform the Oslo National Insurance Office which employees have so opted.
Norwegian diplomatic or consular representation in Portugal shall report to the National Insurance Office for Social Insurance Abroad the employees who, by virtue of article 10 (3) of the Convention, opt to be subject to Norwegian legislation. The National Insurance Office for Social Insurance Abroad shall inform the Portuguese liaison body which employees have so opted.
ARTICLE 5
Information on periods of insurance entitling to benefits
- 1 -In the cases mentioned in articles 12 and 23 of the Convention, the Norwegian National Insurance Institution or the local National Insurance Office will, at the request of the applicant or of the competent Portuguese insurance institution, certify on a specific form the insurance period which the applicant has completed under Norwegian legislation.
- 2 -In the cases mentioned in articles 12 and 16 (1) of the Convention, the National Retirement Fund (Caixa Nacional de Pensões) will, at the request of the applicant or of the competent Norwegian insurance institution, certify on a specific form the insurance period which the applicant has completed under Portuguese legislation.
ARTICLE 6
Proof of entitlement to medical benefits
- 1 -In order to receive the medical benefits provided for in article 13 of the Convention, the person concerned shall submit proof of his entitlement to medical benefits under the legislation of the Contracting Party other than the one in whose territory he is present. Concerning Norwegian citizens resident in Norway and Portuguese citizens resident in Portugal their national passports shall be accepted as sufficient proof in this connection.
- 2 -In case of urgency, medical benefits shall not be witheld due to lack of proof as mentioned in paragraph 1.
ARTICLE 7
Applications for old-age, disability and death benefits
- 1 -Persons resident in Norway who apply for benefits from Portuguese insurance present the application direct to the National Retirement Fund or through the Norwegian National Insurance Institution.
- 2 -Persons resident in Portugal who apply for benefits from Norwegian insurance present the application direct to the National Insurance Office for Social Insurance Abroad or through the National Retirement Fund.
- 3 -Applications for benefits should be submitted on the forms that are made available by the liaison body in question.
- 4 -When the application is presented through the insurance institution of the country in which the applicant is resident, this institution notes the date of receipt of the application on the form, certifies that the form is correctly filled in and confirms the correctness of the information given by the applicant insofar as required. The application is forwarded to the insurance institution of the other country.
- 5 -The competent insurance institution decides the application for benefits and forwards the decision together with information on the means of appeal direct to the applicant. Copy of the decision shall also be sent to the insurance institution in the other country, in Norway the National Insurance Institution and in Portugal the National Retirement Fund.
ARTICLE 8
Medical examination
- 1 -If the beneficiary of disability pension under the legislation of one of the Contracting Parties is resident in the territory of the other Contracting Party, the insurance institution of the country which pays the pension may require the beneficiary to undergo medical examination in order to determine his disability. The insurance institution may, for that purpose, appoint the physician who is to perform the examination.
- 2 -Any request for medical examination shall be presented through the liaison body of the other country, which shall notify the insurance institution in the former country of the result of the examination.
- 3 -The expenses of the medical examination and travelling, nursing and other expenses related thereto will be paid by the insurance institution which received the request and will be recovered separately for each case from the requesting agency.
- 4 -Administration expenses are not recoverable.
ARTICLE 9
Occupational injury and disease
For the purpose of applying the provisions of article 31 (3) and (4) of the Convention, the liaison bodies of the Contracting Parties shall exchange the necessary informations.
ARTICLE 10
Information
- 1 -Recipients of benefits under the legislation of one of the Contracting Parties who are resident in the territory of the other Contracting Party shall furnish the insurance institution which is obliged to pay the benefits with information on all changes in their own or their family's circumstances, their state of health or ability to work, when such circumstances may affect their rights and obligations under the legislation mentioned in article 2 of the Convention and the provisions of the Convention. They shall furnish the information either direct or through the liaison bodies.
- 2 -The insurance institutions shall notify one another of all changes in circumstances as aforesaid which come to their knowledge.
ARTICLE 11
Payment of benefits
- 1 -Under article 36 (3) of the Convention, pension benefits are payable direct to the persons entitled thereto. The method of payment shall be determined by the Contracting Party which is obliged to pay the benefit.
- 2 -The liaison bodies will yearly exchange information, on agreed forms, concerning pension payments that have been made in the territory of the other Contracting Party.
ARTICLE 12
Administrative expenses
Administrative expenses arising from the implementation of the Convention and this Agreement shall be payable by the insurance institutions that are charged with the implementation.
ARTICLE 13
Stipulation of arbitration tribunal under article 37 (2) of the Convention
- 1 -Each Contracting Party appoints an arbitrator within one month from receipt of the request for arbitration. The two appointed arbitrators thereupon elect, within two months, a national of a third state to ad as the third arbitrator.
- 2 -If a Contracting Party fails to appoint an arbitrator within the stipulated time, the other Contracting Party may request such arbitrator to be appointed by the president of the European Court of Human Rights. Such request may also be made if the two arbitrators fail to agree on the election of the third arbitrator.
- 3 -The arbitrators will render their award by majority decision. The award is binding on both the Contracting Parties. Each Contracting Party pays the expenses of the arbitrator appointed by that Party. Other expenses are payable by the Contracting Parties in equal parts. The arbitrators shall determine their own procedure.
ARTICLE 14
Entry into force
This Agreement enters into force simultanously with the Convention and is valid concurrently therewith.
Done in duplicate in English on the 15 December 1980.
For the National Insurance Institution:
(Assinatura ilegível.)
For the Central Security Body for Migrant Workers:
(Assinatura ilegível.)
APPENDIX
Liaison bodies according to article 2:
In Norway - The National Insurance Institution (Rikstrygdeverket), Drammenveien 60, Oslo 2, Norway;
In Portugal - The Central Security Body for Migrant Workers (Caixa Central de Segurança Social dos Trabalhadores Migrantes), Rua da Junqueira, 112 - 1300 Lisboa - Portugal.