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ARTIGO 41.º

Vigente desde: 18/03/1981

A presente Convenção será ratificada e os instrumentos de ratificação serão trocados, logo que possível, em Oslo.

A Convenção entrará em vigor no primeiro dia do segundo mês subsequente ao da troca dos instrumentos de ratificação.

Em fé do que os abaixo assinados, devidamente autorizados pelos respectivos Governos, assinaram a presente Convenção.

Feita em duplicado, em inglês, em Oslo, em 5 de Junho de 1980.

Pelo Governo da República de Portugal:

(Assinatura ilegível.)

Pelo Governo do Reino da Noruega:

(Assinatura ilegível.)

PROTOCOLO

Os signatários da Convenção sobre Segurança Social, concluída nesta data, entre a República de Portugal e o Reino da Noruega acordaram em que o presente Protocolo constituía parte integrante da Convenção.

  1. 1 -No que se refere à Noruega, as disposições do artigo 13.º não serão aplicadas a nacionais portugueses ou noruegueses residentes em Portugal durante uma estada temporária em Svalbard, Jan Mayen ou nas dependências norueguesas.
  2. 2 -No que se refere à Noruega, acordou-se em que os nacionais portugueses que prestam serviço a bordo de navios noruegueses em comércio externo ficam sujeitos à legislação norueguesa, relativamente a prestações de desemprego, apenas quando residam permanentemente na Noruega, Dinamarca, Finlândia, Islândia e Suécia. Em tal caso, a pessoa interessada tem direito a essas prestações, mesmo que se encontre fora da Noruega, em conformidade com as mesmas normas que são aplicáveis aos nacionais desse país.
  3. 3 -As Partes Contratantes acordaram em que o disposto no artigo 12.º não se aplicará aos benefícios concedidos nos termos do capítulo 12.º da lei norueguesa relativa ao seguro nacional.

    Em fé do que os abaixo assinados, devidamente autorizados pelos respectivos Governos, assinaram o presente Protocolo.

    Feito em duplicado, em inglês, em Oslo, em 5 de Junho de 1980.

    Pelo Governo da República de Portugal:

    (Assinatura ilegível.)

    Pelo Governo do Reino da Noruega:

    (Assinatura ilegível.)

    CONVENTION ON SOCIAL SECURITY BETWEEN THE REPUBLIC OF PORTUGAL AND THE KINGDOM OF NORWAY

    The Republic of Portugal and the Kingdom of Norway, desirous to regulate the relations between the two States in the field of social security, have agreed to conclude the following convention:

    PART I

    General provisions

    ARTICLE 1

  4. 1 -This Convention shall apply to the Republic of Portugal and the Kingdom of Norway. It shall also apply to the Norwegian continental shelf.
  5. 2 -For the purpose of the present Convention, unless the context otherwise requires:
    1. a)«Territory» means in relation to Norway the territory of the Kingdom of Norway, and in relation to the Republic of Portugal its national territory;
    2. b)«Legislation» means the laws and regulations as specified in article 2;
    3. c)«Competent authority» means in relation to Norway: the Ministry of Social Affairs and, as regards unemployment benefits, the Ministry of Local Government and Labour, and in relation to Portugal: the Ministry of Social Affairs;
    4. d)«Insurance institution» means the competent body or authority responsible for the implementation of the legislation specified in article 2;
    5. e)«Liaison body» means an institution for liaison and information between the insurance institutions of the two Contracting Parties with a view to simplifying the implementation of this Convention and for the information of the persons affected concerning their rights and obligations under the Convention;
    6. f)«Periods of insurance» means contribution periods, periods of employment or other periods recognized as periods of insurance by the legislation under which they were completed, including years for which pension points have been credited under the Norwegian national insurance scheme for purposes of supplementary pension on the basis of employment or other economic activity during the year in question or a portion thereof;
    7. g)The term «pension» includes any increase of or any additional amount payable with a pension;
    8. h)«Insured person» means a person insured in accordance with the legislations specified in article 2;
    9. i)The terms «family members» and «survivors» mean any person defined or recognized as such by the legislation under which the benefits are granted;
    10. j)«Supplementary benefits» means in relation to Norway, supporter's supplement for spouse and children, compensation benefit and special supllement;
    11. k)«Death grant» means lump sum benefits granted in connection with death for covering funeral and other expenses.
  6. 3 -Other words and expressions which are used in this Convention shall have the meaning respectively assigned to them in the legislation concerned.

    ARTICLE 2

  7. 1 -This Convention shall apply:

    A) In relation to Norway, to the followying legislation:

    1. a)The Act of 17 June 1966 concerning national insurance;
    2. b)The Act of 19 June 1969 concerning special supplements to benefits under the national insurance;
    3. c)The Act of 19 December 1969 on compensation supplement under the national insurance;
    4. d)The Act of 24 October 1946 concerning family allowance;

      B) In relation to Portugal, to the legislation concerning:

    5. a)The social welfare and family allowance general scheme in reference to sickness, maternity, disablement, old age, survivors, family allowance and complementary benefits;
    6. b)The social welfare and family allowance special schemes, concerning the branches referred to in the letter a) of this paragraph;
    7. c)Social pension;
    8. d)Work injury and professional diseases;
    9. e)Unemployment benefits.
  8. 2 -This Convention shall apply to all laws and regulations codifying, emending or supplementing the legislation specified in paragraph 1 of this article.
  9. 3 -The present Convention shall apply to:
    1. a)All laws and regulations instituting a new branch of social security, only if the Contracting Parties so agree;
    2. b)All laws and regulations extending the existing insurance schemes to new categories of persons, unless the Contracting Party concerned gives notice to the other Party within six months after the official promulgation of such law or regulation, to the effect that the present Convention shall not apply to such law or regulation.
  10. 4 -The persons covered by this Convention cannot under this Convention invoke any rights with regard to social security conventions which the Contracting Parties have concluded or may conclude with any third State.

    ARTICLE 3

  11. 1 -This Convention shall apply to nationals of the Contracting Parties as well as to their family members deriving their rights from nationals, save as otherwise provided in article 8, paragraph 1.
  12. 2 -It shall also apply to refugees and stateless persons as referred to in the Convention of 28 July 1951 Relating to the Status of Refugees and the Protocol of 31 January 1967 to the said Convention, as well as the Convention of 28 September 1954 Relating to the Status of Stateless Persons.

    ARTICLE 4

    Save as otherwise provided in this Convention persons mentioned in article 3 above shall, when they are in the territory of a Contracting Party, be subject to the same obligations and entitled to enjoy the same advantages under the same conditions as nationals of that Contracting Party in the implementation of the legislation of the Contracting Party.

    ARTICLE 5

    Save as otherwise provided in this Convention, old age pensions, disability pensions, survivors pensions, pensions in respect of occupational injuries and diseases and death grants may not be reduced, modified, suspended or withdrawn on account of the recipient residing in the territory of the other Contracting Party.

    ARTICLE 6

    Benefits as mentioned in article 5 payable by one of the Contracting Parties shall be paid to nationals of the other Contracting Party, who are resident in a third State, on the same terms and to the same extent as to nationals of the first Contracting Party resident in this third State.

    PART II

    Provisions concerning applicable legislation

    ARTICLE 7

  13. 1 -Save as otherwise provided in articles 8, 9 and 10, the persons covered by this Convention shall be subject to:
    1. a)Norwegian legislation if they are resident or occupied in Norway;
    2. b)Portuguese legislation if they are resident or occupied in Portugal.

      ARTICLE 8

  14. 1 -Where an employee who is employed in the territory of a Contracting Party is posted by his employer to the territory of the other Contracting Party to perform work on behalf of the same employer, the legislation of the former Contracting Party shall continue to apply to him as if he were employed there during the first twelve months of his stay in the territory of the other Contracting Party. If such employment continues beyond the period of twelve months, the legislation of the former Contracting Party may continue to apply to him, provided that the competent authority in the latter Contracting Party, or the body designated by it, gives its consent. This shall apply to all employees irrespective of nationality. It shall equally apply to spouses and children accompanying the employee to the territory of the other Contracting Party, unless they are themselves employed.
  15. 2 -Where travelling personnel in undertakings of railway or road transport work in the territories of both Contracting Parties, the legislation of the Contracting Party in which the undertaking has its principal place of business shall apply, unless he is resident in the territory of the other Contracting Party.
  16. 3 -Where a person is employed as crew-member of aircraft belonging to a company operating in the territory of either Contracting Party, the legislation of the Contracting Party in which the company has its principal place of business shall apply to him unless he is a national of and resident in the territory of the other Contracting Party. Where other categories of personnel are employed by such company the legislation of the Contracting Party in which the company has its principal place of business shall apply in cases where the person concerned has been sent to the territory of the other Contracting Party for temporary employment there.
  17. 4 -The provisions in articles 13-15 shall, however, apply to the persons mentioned under paragraphs 1-3 in this article.

    ARTICLE 9

  18. 1 -Where a person is employed as member of the crew of a vessel flying the flag of one of the Contracting Parties, the legislation of that Party shall apply to him as if any conditions relating to residence were satisfied in his case, provided that he is resident in the territory of either Contracting Party.
  19. 2 -For persons who are occupied on installations for exploitation of and exploration for natural deposits on the Norwegian continental shelf, norwegian legislation shall apply. The same shall apply for persons who are occupied on Norwegian installations on non-Norwegian continental shelves provided this is permissible in pursuance of a specific agreement with the coastal State concerned or by virtue of international law otherwise. Article 8, paragraph 1, shall, however, be applied correspondingly.

    ARTICLE 10

  20. 1 -This Convention shall not apply to established members of the diplomatic service of either Contracting Party.
  21. 2 -Subject to the provision of paragraph 1 of this article, persons employed in diplomatic missions or consular posts as administrative and technical staff, private servants and other members of the service staff shall be subject to the legislation of the receiving State.
  22. 3 -However, persons covered by paragraph 2 of this article who are nationals of the Contracting Party represented by the mission or consular post concerned may opt to be subject to the legislation of that Party; such right of option may be exercised once only. It shall be exercised within a period of six months from the date of entry into force of this Convention or from date of entry of the worker into employment. The option shall take effect from the date of entry into force of this Convention in respect of workers who have entered into employment at the said date and, in other cases, from the date of entry into employment.
  23. 4 -A diplomatic mission or consular post who employ persons who according to paragraphs 2 and 3 above are insured under the legislation of the receiving State shall observe the obligation which the social security provisions of the receiving State impose upon employers.
  24. 5 -The provisions of this article shall not apply to honorary members of a consular post or to persons employed in their service.

    ARTICLE 11

    At mutual request of employer and employee or at the request of a self-employed person, the competent authorities may agree on the exemption of certain persons or groups of persons from the provisions of articles 7-10. Even without such request, the competent authorities may agree on such exemption after consulting the persons concerned.

    PART III

    Special provisions

    Sickness, maternity and childbirth

    ARTICLE 12

    If any person has completed periods of insurance according to the legislation of both Contracting Parties, these periods shall be added together for the acquisition of rights to a benefit, insofar as they do not coincide.

    ARTICLE 13

  25. 1 -A person who is resident in the territory of one Contracting Party and entitled under the legislation of that Contracting Party to medical benefits shall during a temporary stay in the territory of the other Party receive medical benefits if he is in immediate need of such benefits.
  26. 2 -However, this shall not apply in cases where a person goes to the territory of the other Party for the specific purpose of obtaining medical benefits.
  27. 3 -Benefits are provided by the insurance institution in the beneficiary's place of temporary residence according to the legislation of that Party, and at the expense of that institution.

    ARTICLE 14

    Members of the families of persons resident in the territory of a Contracting Party and insured under its legislation shall, if resident in the territory of the other Contracting Party, receive medical benefits in accordance with the legislation applicable by the insurance institution in their place of residence and at the expense of that institution.

    ARTICLE 15

  28. 1 -A person receiving a pension under the legislation of both Contracting Parties or under the legislation of one of them is entitled to medical benefits for himself and for members of his family in accordance with the legislation of the Contracting Party in whose territory they are resident.
  29. 2 -The benefits shall be provided by the insurance institution of the place of residence and at the expense of that institution.

    Old age, disability and survivors

    Articles 16-22: application of Norwegian legislation

    ARTICLE 16

  30. 1 -In order to become entitled to old age, disability and survivors' pensions, including supplementary benefits, under the Norwegian legislation, Portuguese periods of insurance shall be added together with Norwegian insurance periods, provided that the Norwegian period is at least one year, and the periods do not coincide.
  31. 2 -To become entitled to Norwegian supplementary pension, pension points for at least one year must have been awarded.

    ARTICLE 17

    If entitlement to old age, disability or survivors' pension exists without applying article 16, the insurance institution determines the amount of the benefit which corresponds to the insurance periods fulfilled in accordance with Norwegian legislation.

    ARTICLE 18

    When a person satisfies the conditions required by the Norwegian legislation to be entitled to old age, disability or survivors' pensions only by means of the totalisation foreseen in article 16, the insurance institution computes the amount of the benefit to which the beneficiary is entitled exclusively on the basis of Norwegian insurance periods.

    ARTICLE 19

    Portuguese nationals shall enjoy the same rights as Norwegian nationals as regards taking into consideration as insurance periods any period preceding the entry into force of the National Insurance Act in 1967.

    ARTICLE 20

    Supplementary pension shall in respect of Portuguese nationals be computed in accordance with the provisions concerning over-compensation for insured persons other than Norwegian nationals and foreign refugees.

    ARTICLE 21

  32. 1 -Portuguese nationals as well as Norwegian nationals are only entitled to compensation supplement as long as they are resident in Norway.
  33. 2 -Basic benefit and attendance benefit shall be paid to Portuguese nationals resident outside Norway on the same conditions as to Norwegian nationals.

    ARTICLE 22

    The entitlement to survivors' pension shall not be affected by the survivor being resident in Portugal at the time of the death of the insured person.

    Articles 23-27: application of Portuguese legislation

    ARTICLE 23

    Where periods of insurance have been completed in accordance with the legislation of both the Contracting Parties, the periods shall be added together if necessary for the acquisition of the right to benefits under Portuguese legislation, insofar as they do not coincide.

    ARTICLE 24

    If entitlement to old age, disability or survivors' pension exist without applying article 23, the competent Portuguese institution determines directly and exclusively, in accordance with its own legislation, the amount of the benefit which corresponds to the insurance periods to be considered in accordance with the same legislation.

    ARTICLE 25

    When a person satisfies the conditions required by the Portuguese legislation to be entitled to old age, disability or survivors' pension only by means of the totalisation foreseen in article 23, the competent Portuguese institution computes the amount of the benefit to which the beneficiary is entitled exclusively on the basis of insurance periods completed in accordance with the applicable Portuguese legislation.

    ARTICLE 26

    If the total of the benefit granted by the competent institutions of both Contracting Parties is less than the minimum amount fixed by the Portuguese legislation, the person concerned who has his residence in Portugal is entitled to a complement equal to that difference, at the cost of the competent Portuguese institution.

    ARTICLE 27

    The entitlement to survivors' pension shall not be affected by the survivor being resident in Norway at the time of death of the insured person.

    Family allowance

    ARTICLE 28

    Nationals of one Contracting Party who are working or residing in the territory of the other Contracting Party are entitled to family allowance in respect of children resident in the territory of the latter Contracting Party in accordance with the same rules as for nationals of that Contracting Party.

    Unemployment benefit

    ARTICLE 29

    Nationals of one Contracting Party who are stay-grants shall be provided even if the person contracting Party are entitled to unemployment benefit in accordance with the same rules as for nationals of that Contracting Party.

    Death grant

    ARTICLE 30

  34. 1 -Nationals of one Contracting Party residing in the territory of the other Contracting Party shall be entitled to death grant according to the same rules as for nationals of the latter Contracting Party. These grants shall be provided even if the person concerned dies in the territory of a Contracting Party other where he was resident.
  35. 2 -Where there could be entitlement to death grant under the legislation of both Contracting Parties in respect of the same death whether by virtue of this Convention or otherwise:
    1. a)The grant shall be payable only under the legislation of the Party in whose territory the death occurs; or
    2. b)If the death does not occur in the territory of either Party, a grant shall be paid only under the legislation of the Party under whose legislation the person concerned was last insured before his death.

      Occupational injury and disease

      ARTICLE 31

  36. 1 -The right to benefits in connection with an accident at work shall be determined according to the legislation applying to the beneficiary at the time of the accident.
  37. 2 -Compensation for a new accident at work shall be established according to the reduction of work capacity and loss of physical and mental faculty which has been caused by the new accident and in accordance with the legislation of the Contracting Party in whose territory the new accident occurs.
  38. 3 -If an occupational disease becomes apparent after the insured person having been employed in the territories of both Contracting Parties in employment entailing risks of the same disease, the insurance scheme of the Contracting Party in which such work has been latest performed shall be liable to pay benefit.
  39. 4 -If such occupational disease entitles to benefit from the insurance scheme of one Contracting Party, the insurance scheme of this Contracting Party shall also cover any aggravation which takes place in the territory of the other Contracting Party, provided that the aggravation cannot be referred to employment in the territory of the latter Contracting Party in an occupation entailing risks of such disease.

    PART IV

    Miscellaneous provisions and final provisions

    Miscellaneous provisions

    ARTICLE 32

    The competent authorities of both Contracting Parties or authorities designated by such competent authority shall conclude an agreement concerning the necessary provisions for the implementation of the present Convention, and appoint liaison bodies in each Contracting Party in order to facilitate the application of the present Convention. They shall communicate with each other concerning all major amendments of their laws and regulations.

    ARTICLE 33

  40. 1 -In the application of the present Convention the competent authorities and institutions of the Contracting Parties shall assist each other to the same extent as when applying their own legislation. Such assistance shall be free of charge.
  41. 2 -The authorities and institutions of both Contracting Parties may correspond directly with each other and with the persons concerned. They may also if need arises address themselves to the authorities of the other Contracting Party through the diplomatic and consular channels of that Contracting Party.
  42. 3 -Diplomatic and consular authorities may address themselves directly to authorities and institutions of the other Contracting Party in order to collect all information necessary for maintaining the interests of their nationals, whom they may represent without any special power of attorney.
  43. 4 -Applications submitted to the competent authority or institution of either Contracting Party in connection with the application of the present Convention shall be dealt with even if worded in the official language of the other Contracting Party.
  44. 5 -Correspondence between authorities and individual persons shall be conducted in English.

    ARTICLE 34

    Any exemption from taxes and other legal dues on documents and certificates which are to be submitted to the authorities and institutions of either Contracting Party shall apply to documents and certificates to be submitted to the competent authorities or institutions of the other Contracting Party in connection with the application of the present Convention. Documents and certificates which are to be submitted in connection with the application of the present Convention shall be exempt from legalisation or authentication by diplomatic or consular authorities.

    ARTICLE 35

    Any claims, notices or appeals which according to the legislation of one Contracting Party shall be submitted to an authority of that Contracting Party within a prescribed period and which has been submitted to the corresponding authority of the other Contracting Party within the same period shall be considered as having been submitted in due time to the authority of the former Contracting Party. The authorities concerned of the other Contracting Party shall without delay transmit the claim, notice or appeal to the competent authorities of the former Contracting Party.

    ARTICLE 36

  45. 1 -Payments payable pursuant to the present Convention may validly be made in the currency of the Contracting Party effecting the payment.
  46. 2 -In the event restrictions on currency being enforced in either State, both Contracting Parties shall immediately agree upon necessary measures for ensuring the transfer between the Contracting Parties of any sum payable pursuant to the present Convention.
  47. 3 -The manner of payment in respect of pensions payable to persons in the territory of the other Contracting Party shall be fixed by agreement as specified in article 32.

    ARTICLE 37

  48. 1 -The competent authorities of either Contracting Party shall endeavour to resolve through negotiations any disputes arising in conection with the interpretation and application of the present Convention.
  49. 2 -In the event of no agreement being reached within three months through negotiations, the dispute shall be submitted to arbitration by a tribunal whose composition and rules of procedure shall be fixed by agreement between the Contracting Parties.

    ARTICLE 38

  50. 1 -If an insurance institution in the territory of one of the Contracting Parties has made an advance payment, an amount accruing for the same period as the advance payment according to the legislation of the other Contracting Party may be withheld.

    If an insurance institution of one of the Contracting Parties has paid an excessive rate of benefit for a period for which an insurance institution of the other Contracting Party is to pay a corresponding amount of compensation, the excess payment may similarly be withheld.

  51. 2 -The advance payment or the excess amount shall be deducted from compensation referring to the same period and paid subsequently. If there is no such subsequent payment, or if the payment is not sufficient for the clearance required, full clearance or deduction for the remaining amount can be made from current benefit payments, though in the manner and subject to the restrictions laid down by the legislation of the Contracting Party which is to perform the clearence.

    Transitional and final provisions

    ARTICLE 39

  52. 1 -This Convention shall also apply to contingencies arising prior to its entry into force. However, no benefits shall be payable under this Convention with respect to any period prior to its entry into force, though periods of insurance or residence completed before the said entry into force shall be taken into account in the determination of benefits.
  53. 2 -Any benefit which has not been awarded on account of the nationality of the person concerned or which has been withdrawn on account of his residence in the territory of the other Contracting Party shall be awarded or resumed with effect from the date of entry into force of this Convention.
  54. 3 -Upon application being received, a benefit granted prior to the entry into force of this Convention shall be recalculated in compliance with the provisions of the same. Such benefits may also be recalculated without any application being made. This recalculation may not result in any reduction of the benefit paid.
  55. 4 -Provisions in the laws of the Contracting Parties concerning prescription and the termination of the right to benefit shall not apply to rights arising out of the provisions of paragraphs 1-3 of this article, always provided that the beneficiary submits his application for benefit within two years after the date of entry into force of this Convention.

    ARTICLE 40

  56. 1 -This Convention shall remain in force for a period of twelve months as from the date of its entry into force. Thereafter it shall continue to be in force from year to year unless it is denounced in writing by the Government of any of the Contracting Parties, which shall be done at least three months before the expiry of any one-year period. In the case of such denounciation, the Convention shall cease to be in force at the expiry of the one-year period in which it is denounced.
  57. 2 -In the event of denounciation, the provisions of the present Convention shall continue to apply to acquired rights without regard to the provisions concerning restrictions laid down in the national legislation of either country in respect of entitlement to benefits on account of nationality or residence in another country.
  58. 3 -For rights which have been acquired on the basis of an insurance period and period of residence having been completed before the expiration of the validity of the present Convention, the provisions thereto shall continue to be applicable pursuant to the reguations to be fixed by a special agreement.

    ARTICLE 41

    The present Convention shall be ratified and the instruments of ratification shall be exchanged as soon as possible in Oslo. The Convention shall come into force on the first day of the second month following the month in which the instruments of ratification have been exchanged.

    In witness whereof the undersigned, duly authorized by their respective Governments, have signed the present Convention.

    Done in duplicate in English in Oslo, on the 5th June, 1980.

    For the Government of the Republic of Portugal:

    (Illegible signature.)

    For the Government of the Kingdom of Norway:

    (Illegible signature.)

    PROTOCOL

    The signatories of the Convention on Social Security which has been concluded today between the Republic of Portugal and the Kingdom of Norway have agreed that this Protocol shall constitute an integral part of the Convention.

  59. 1 -In relation to Norway, the provisions of article 13 shall not apply to Portuguese or Norwegian nationals resident in Portugal during a temporary stay in Svalbard, Jan Mayen or the Norwegian dependencies.
  60. 2 -In relation to Norway, it is agreed that any Portuguese nationals who are in service on board Norwegian vessels in foreign trade are subject to Norwegian legislation concerning benefit during unemployment only if they are permanent residents in Norway, Denmark, Finland, Iceland and Sweden. In such case the person concerned is entitled to benefit even when outside Norway according to the same rules as are applicable for nationals of that country.
  61. 3 -The Contracting Parties have agreed that the provision of article 12 shall not apply to benefits provided according to chapter 12 of the Norwegian National Insurance Act.

    In witness whereof the undersigned, duly authorized by their respective Governments, have signed the present Protocol.

    Done in duplicate in English in Oslo, on the 5th June, 1980.

    For the Government of the Republic of Portugal:

    (Illegible signature.)

    For the Government of the Kingdom of Norway:

    (Illegible signature.)

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