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Artigo 39.º — Registo

Vigente desde: 27/04/2010

O Estado Contratante em cujo território a presente Convenção for assinada, submetê-la-á para registo junto do Secretariado das Nações Unidas, nos termos do artigo 102.º da Carta das Nações Unidas, devendo, igualmente, notificar o outro Estado Contratante da conclusão deste procedimento e indicar-lhe o número de registo atribuído.

Em fé do que os abaixo assinados, devidamente autorizados para este efeito, assinaram a presente Convenção.

Feita em Lisboa, a 7 de Julho de 2009, em dois exemplares redigidos nas línguas portuguesa, ucraniana e inglesa, fazendo todos os textos igualmente fé. Em caso de divergência de interpretação entre as versões portuguesa e ucraniana, prevalece a versão inglesa.

Pela República Portuguesa:

Pedro Manuel Dias de Jesus Marques, Secretário de Estado da Segurança Social.

Pela Ucrânia:

Kostyantyn Yelisieiev, Vice-Ministro dos Negócios Estrangeiros.

AGREEMENT ON SOCIAL SECURITY BETWEEN THE PORTUGUESE REPUBLIC AND UKRAINE

The Portuguese Republic and Ukraine (hereinafter «the Contracting States»);

Desirous to develop their relations in matters of social security;

Enshrining the principles of equality of treatment and determination of the legislation applicable with a view to guaranteeing to the respective nationals their acquired rights and the rights in course of acquisition:

Have agreed as follows:

TITLE I

General provisions

Article 1

Definitions

  1. 1 -For the purposes of this Agreement:
    1. a)«Territory» means:
      1. i)In relation to the Portuguese Republic, the territory in the European continent and the archipelagos of Azores and Madeira;
      2. ii)In relation to Ukraine, the territory within the existing boundaries;
    2. b)«National» means a person treated as such under the legislation of the Contracting States;
    3. c)«Refugee» has the meaning assigned to it in article 1 of the Convention relating to the Status of Refugees, adopted in Geneva, on 28 July 1951 and in article 1 paragraph 2 of the Additional Protocol relating to the Status of Refugees, adopted in New York, on 31 January 1967;
    4. d)«Stateless person» has the meaning assigned to it in article 1 of the Convention relating to the Status of Stateless Persons, adopted in New York, on 28 September 1954;
    5. e)«Worker» means the employed or self employed person who is covered by the schemes referred to in article 4 of this Agreement;
    6. f)«Member of the family» means any person defined or recognised such by the legislation under which benefits are provided;
    7. g)«Survivor» means any person defined as such by the legislation under which the benefits or survivors' pensions are provided;
    8. h)«Residence» means the place where a person habitually resides;
    9. i)«Stay» means the place of temporary residence;
    10. j)«Legislation» means the laws and other legal provisions in force relating to the schemes or systems referred to in article 4 of this Agreement;
    11. l)«Competent authority» means:
      1. i)In relation to the Portuguese Republic, the member or members of the Government or any other corresponding authority responsible for the matters referred to in article 4 of this Agreement in all or any part of its territory;
      2. ii)In relation to Ukraine, the specifically designated central organism of the executive power in what concerns labour and social policy;
    12. m)«Competent institution» means:
      1. i)In relation to the Portuguese Republic, the institution with which the person concerned is insured at the time of the application for the benefits, or the institution from which the person concerned is or would be entitled to benefits if he resided in the Contracting State in which the institution is situated, or the institution designated by the competent authority of the Party concerned;
      2. ii)In relation to Ukraine, the institution or institutions responsible for granting benefits or pensions according the legislation mentioned in subparagraph b) of paragraph 1 of article 4 of this Agreement;
    13. n)«Institution of the place of residence» means the institution which is competent to provide benefits in the place where the person concerned resides in accordance with the legislation administered by that institution or, where no such institution exists, the institution designated by the competent authority of the Contracting State concerned;
    14. o)«Institution of the place of stay» means the institution which is competent to provide benefits in the place where the person concerned is staying in accordance with the legislation administered by that institution or, where no such institution exists, the institution designated by the competent authority of the Contracting State concerned;
    15. p)«Competent State» means the Contracting State in which the competent institution is situated;
    16. q)«Periods of insurance» means periods of contribution or periods of employment or self-employment as defined or recognized as periods of insurance by the legislation under which they were completed, as well as all periods treated as such, where they are regarded by the said legislation as equivalent to periods of insurance;
    17. r)«Benefits» and «pensions» mean any benefits, including namely all elements thereof, as well as increases, revaluation allowances or supplementary allowances and lump-sum benefits which can be paid in lieu thereof under the legislation of either Contracting State;
    18. s)«Death grant» means any one-off payment in the event of death under the legislation of either Contracting State excluding the lump-sum benefits referred to in subparagraph r).
  2. 2 -Other terms and expressions, which are used in this Agreement, shall have the meanings respectively assigned to them in the legislation applicable.

    Article 2

    Personal scope

    This Agreement shall apply to the persons who are or have been subject to the legislation mentioned in article 4 and who are nationals of one of the Contracting States, stateless persons or refugees residing in the territory of one of those Contracting States, as well as to the members of their family and their survivors, as well as to those whose rights derive from them.

    Article 3

    Equality of treatment

    Subject to the provisions of this Agreement, the persons mentioned in article 2 residing in the territory of one Contracting State shall enjoy the benefits and be subject to the obligations provided for in the respective legislation under the same conditions as the nationals of that Contracting State.

    Article 4

    Material scope

  3. 1 -This Agreement shall apply:
    1. a)In relation to the Portuguese Republic:
      1. i)As to the social security system, to the legislation concerning the social security schemes applicable to most employed and self-employed persons and the optional affiliation schemes of the insurance system, as it regards benefits granted, in the contingencies of sickness, maternity, paternity, and adoption; occupational diseases; unemployment; invalidity, old-age and death;
      2. ii)The scheme applicable to family expenses benefits of the family protection subsystem of the citizenship social protection system;
      3. iii)The compensation scheme for the damages resulting from accidents at work;
    2. b)In relation to Ukraine:
      1. i)To the legislation on social insurance related to sickness (temporary incapacity for work); pregnancy and delivery (maternity); funeral allowance; accidents at work and occupational diseases and/or death resulting thereof; unemployment; age pension, invalidity pension, survivors' pension, pension for length of service, according to the legislation regarding compulsory public insurance on pensions;
      2. ii)To the legislation concerning state allowances for families with children in case of childbirth and child care up to 3 years of age.
  4. 2 -This Agreement shall also apply to all laws and other legal provisions that amend and complete the legislation referred to in paragraph 1.
  5. 3 -However, it shall only apply to:
    1. a)The laws and other legal provisions concerning a new branch of social security if so established in an agreement for that purpose concluded between the Contracting States;
    2. b)The laws and other legal provisions that extend the existing legislation to new categories of beneficiaries, through a notification by writing to the Contracting State within three months from the date of the official publication of those provisions.
  6. 4 -This Agreement shall not apply to social assistance nor, subject to the provisions of article 9, paragraph 8:
    1. a)In the Portuguese Republic, to the special schemes for civil servants and persons treated as such;
    2. b)In Ukraine, to the pensions established by especial legislation and financed by the State Budget of Ukraine.

      Article 5

      Admission to social voluntary or optional continued insurance

  7. 1 -For the purposes of admission to social voluntary or optional insurance according to the legislation of one Contracting State, the periods of insurance completed under the legislation of the other Contracting State shall be taken into account, if necessary, insofar as they do not overlap.
  8. 2 -Paragraph 1 shall only apply to a person who cannot be covered by the compulsory insurance under the legislation of either Contracting State.

    Article 6

    Residence conditions

  9. 1 -Subject to the provisions of title iii of this Agreement, benefits in the contingencies of sickness, maternity, paternity and adoption, invalidity, for length of service, old-age, survivors pension, as well as accidents at work or occupational diseases and death resulting thereof, and death grants, acquired under the legislation of a Contracting State shall be directly paid to the persons concerned even if they reside in the territory of the other Contracting State.
  10. 2 -The benefits mentioned in paragraph 1 shall not be subject to any reduction, suspension or withdrawal because of the fact that the person concerned resides in the territory of the other Contracting State.

    Article 7

    Prevention of overlapping of benefits

  11. 1 -This Agreement shall neither confer nor maintain the right under the legislation of both Contracting States to several benefits of the same kind.
  12. 2 -Paragraph 1 shall not apply to the benefits awarded in accordance with articles 15 and 16 of this Agreement.
  13. 3 -The provisions for reduction, suspension or withdrawal of benefits provided for in the legislation of one Contracting State in cases of overlapping with other benefits or other income, including that resulting from an occupational activity may be invoked against the beneficiary even in the case of benefits acquired under the legislation of the other Contracting State or of income received in the territory of the latter Contracting State.

    TITLE II

    Determination of the legislation applicable

    Article 8

    General rule

    Subject to the provisions of articles 9 to 11, the workers who pursue an occupational activity in the territory of one Contracting State is subject to the legislation of that Contracting State, even if he resides in the territory of the other Contracting State or if his employer or undertaking has the registered office or domicile in the territory of the other Contracting State.

    Article 9

    Special rules

  14. 1 -A person employed in the territory of one Contracting State by an undertaking to which he is normally attached who is posted by that undertaking to the territory of the other Contracting State to perform work there for that undertaking shall continue to be subject to the legislation of the former Contracting State, provided that the anticipated duration of that work does not exceed twelve months and that he is not sent to replace another person who has completed his term of posting.
  15. 2 -If the duration of the work referred to in paragraph 1 extends beyond the duration originally anticipated, owing to unforeseeable circumstances, the legislation of the former Contracting State shall continue to apply for a maximum period of twelve months, provided that the competent authority or the body designated by that authority of the other Contracting State gives its previous consent.
  16. 3 -A person who is employed in the territory of a Contracting State and self-employed in the territory of the other Contracting State shall be subject to the legislation of the first Contracting State.
  17. 4 -A person who is self-employed in the territory of a Contracting State and who provides services on his own in the territory of the other Contracting State, shall be subject to the legislation of the first Contracting State provided that such activity has a direct relation with the one he usually performs and does not exceed six months.
  18. 5 -A worker who belongs to the travelling or flying personnel of an undertaking which, on its own account or for hire or reward, operates international transport services for passengers or goods by rail, road, air or waterway, or of a sea-fishery undertaking, shall be subject to the legislation of the Contracting State in whose territory the registered office is situated, whatever the Contracting State where he resides.
  19. 6 -A worker who belongs to the crew of a vessel flying the flag of a third State shall be subject to legislation of the Contracting State in whose territory the undertaking has its registered office or, if the undertaking has no registered office in one of the Contracting States, to the legislation of the Contracting State in whose territory it has a branch or permanent representation.
  20. 7 -A worker who is employed for the purpose of loading, unloading, carrying out repair work or performing guard duty on board a vessel belonging to an undertaking that has its registered office in the territory of a Contracting State, and who does not belong to the crew of that vessel, shall be subject, during the vessel's stay in the territorial waters or at a port of the other Contracting State, to the legislation of the latter Contracting State.
  21. 8 -Civil servants or persons treated as such who are sent from a Contracting State to the other Contracting State shall be subject to the legislation of the former Contracting State.

    Article 10

    Special rules applicable to persons employed by diplomatic missions or consular posts

  22. 1 -Subject to paragraphs 2 and 3, the members of diplomatic missions or consular posts shall be subject to the provisions of the Convention on Diplomatic Relations, adopted in Vienna, on 18 April 1961, and of the Convention on Consular Relations, adopted in Vienna, on 24 April 1963.
  23. 2 -The technical and administrative staff and the auxiliary staff of the diplomatic missions and consular posts of the Contracting States, as well as the private domestic staff of agents of such missions or posts who are not civil servants shall be subject to the legislation of the Contracting State in whose territory they are employed.
  24. 3 -The workers mentioned in paragraph 2 who are nationals of the Contracting State represented by the diplomatic mission or consular post concerned may opt to be subject to the legislation of that Contracting State. That right of option may be exercised once only within one year as from the date of the entry into force of this Agreement, or within six months from the beginning of that activity, as the case may be.

    Article 11

    Exception to the provisions of articles 8 to 10

    The competent authorities of either Contracting State, or the bodies designated by them, may by common agreement provide for exceptions to the provisions of articles 8 to 10 in the interest of certain workers or of certain categories of workers.

    TITLE III

    Special provisions relating to the different kinds of benefits

    CHAPTER I

    Sickness and maternity, paternity and adoption cash benefits

    Article 12

    Aggregation of periods of insurance

    Where a worker has been continuously or non continuously subject to the legislation of the two Contracting States, the periods of insurance completed under the legislation of each Contracting State shall be taken into account, where necessary, by the other Contracting State for the acquisition, retention or recovery of the right to the benefits provided for in this chapter as if they have been completed under its legislation, insofar as they do not overlap.

    Article 13

    Residence in a Contracting State other than the competent one

    A worker residing in the territory of a Contracting State other than the competent one who satisfies the conditions required under the legislation of the competent State, taking account where appropriate of the provisions of article 12, shall receive benefits in the Contracting State of residence.

    Article 14

    Overlapping of rights to cash benefits

    Where a worker is entitled to sickness or maternity, paternity and adoption cash benefits under the legislation of either Contracting State by application of this chapter, the legislation of the Contracting State where the contingency materialised shall apply.

    CHAPTER II

    Invalidity, old age and survivors' pensions, benefits for length of service and death benefits

    SECTION I

    Invalidity and old age and survivors' pensions and pensions for length of service

    Article 15

    Aggregation of periods of insurance

  25. 1 -Where a worker has been continuously or non continuously subject to the legislation of the two Contracting States, the periods of insurance completed under the legislation of each Contracting State shall be taken into account, where necessary, by the other Contracting State for the acquisition, retention or recovery of the right to the pensions provided for in this section as if they have been completed under its legislation, insofar as they do not overlap.
  26. 2 -Where the legislation of one Contracting State makes the granting of certain pensions conditional upon the periods of insurance having been completed in an occupation or activity subject to a special social insurance scheme, periods completed in the other Contracting State shall be taken into account only if completed under a corresponding special scheme or, failing that, in the same occupation or activity.
  27. 3 -Where, account having been taken of the periods completed in accordance with paragraph 2, the person concerned does not satisfy the conditions for receipt of such pensions, those periods shall be taken into account for the granting of pensions under the general scheme.
  28. 4 -For the purposes of paragraph 1, account shall be taken of the periods of insurance completed under the legislation of one Contracting State other than those mentioned in article 4 provided that they have been considered as periods of insurance under a legislation covered by this Agreement.
  29. 5 -Where, account having been taken of the aggregated periods of insurance completed under the legislation of both Contracting States, as provided for in this article, no right to pension is acquired, account shall be taken of periods of insurance completed under the legislation of a third State to which both Contracting States are bound by an international agreement on social security that provides for the aggregation of periods.

    Article 16

    Calculation and award of pensions

  30. 1 -The competent institution of either Contracting State shall determine whether the person concerned satisfies the conditions for entitlement to pensions account being taken, where necessary, of the provisions of article 15.
  31. 2 -Where the person concerned satisfies such conditions, the competent institution shall calculate the amount of the pension solely and directly on the basis of the periods of insurance completed under the legislation that it administers.
  32. 3 -The competent institution of the Contracting State that provides the pensions under paragraph 2 shall take solely into account the remunerations received by the person concerned in the territory of that Contracting State.
  33. 4 -Where the total duration of the periods of insurance completed under the legislation of either Contracting State is less than a year and where no right to pensions was acquired under that legislation on the basis solely of those periods, the competent institution of that Contracting State shall not be bound to grant pensions in respect to those periods.
  34. 5 -Subject to paragraph 4, the said periods of insurance shall be taken into account by the competent institution of the other Contracting State as if they had been completed under its own legislation.
  35. 6 -Where the total of the pensions payable by the competent institutions of the two Contracting States is less than the minimum amount established by the legislation of the Contracting State in whose territory the person concerned resides, the competent institution of that Contracting State shall pay him, for the period of residence in its territory, a supplement equal to the difference between both amounts.

    SECTION II

    Death grants

    Article 17

    Aggregation of periods of insurance and provision of death grants

  36. 1 -Where a deceased worker has been continuously or non continuously subject to the legislation of the two Contracting States, the periods of insurance completed under the legislation of each Contracting State shall be taken into account, where necessary, by the other Contracting State for the acquisition, retention or recovery of the right to the death grants as if they have been completed under its legislation, insofar as they do not overlap.
  37. 2 -If the legislation of either Contracting State makes the provision of death grant conditional upon death has occurred in its territory, this condition is deemed to be satisfied where death has occurred in the territory of the other Contracting State or of a third State to which both Contracting States are bound by an international agreement on social security, subject to more favourable provisions of the applicable legislation.

    CHAPTER III

    Unemployment benefits

    Article 18

    Aggregation of periods of insurance and provision of benefits

  38. 1 -A worker who moves from the territory of a Contracting State to the territory of the other Contracting State shall be entitled, during his stay in the territory of the latter Contracting State, and after having been occupied there, to unemployment benefits as provided for in the legislation of that Contracting State, if the eligibility conditions are met. The periods of insurance completed under the legislation of the former Contracting State shall be taken into account, where necessary, insofar as they do not overlap.
  39. 2 -The competent institution of the Contracting State that provides the unemployment benefits under paragraph 1 shall take solely into account the salary received by the person concerned during his last employment in the territory of that Contracting State.

    CHAPTER IV

    Family benefits

    Article 19

    Aggregation of periods of insurance

    Where a worker has been continuously or non continuously subject to the legislation of the two Contracting States, the periods of insurance completed under the legislation of each Contracting State shall be taken into account, where necessary, by the other Contracting State for the acquisition, retention or recovery of the right to the benefits provided for in this chapter as if they have been completed under its legislation, insofar as they do not overlap.

    Article 20

    Provision of benefits

  40. 1 -The portuguese nationals who pursue an occupational activity in Ukraine and are covered by the Ukrainian legislation shall be entitled, in respect of the members of their family residing in Ukraine, to the state allowances for families with children under the terms provided for in that legislation, under the same conditions as the Ukrainian nationals, insofar as they satisfy the respective eligibility conditions.
  41. 2 -The krainian nationals who pursue an occupational activity in the Portuguese Republic and are covered by the Portuguese legislation shall be entitled, in respect of the members of their family residing in the Portuguese Republic, to the family allowance for children and young people provided for in that legislation, under the same conditions as the Portuguese nationals, insofar as they satisfy the respective eligibility conditions.
  42. 3 -Paragraphs 1 and 2 shall equally apply to pensioners.
  43. 4 -Where the benefits mentioned in paragraphs 1 and 2 are not used by the person to whom they should be provided for the maintenance of the members of the family, the competent institution shall discharge its legal obligations by providing the said benefits directly to the natural or legal person actually maintaining them, according to a request properly justified.

    CHAPTER V

    Accidents at work and occupational diseases

    Article 21

    Provision of benefits

    The benefits in the contingencies of accident at work, occupational disease and/ or death resulting thereof, shall be awarded by the competent institution of the Contracting State to which legislation the worker is or was subject on the date of the accident at work or the date on which the occupational disease or death resulting thereof occurred, insofar as the conditions required under the legislation of that Contracting State are satisfied, taking into account, when necessary, the periods of insurance completed under the legislation of the Contracting State.

    Article 22

    Residence in the Contracting State other than the competent State

    A worker residing in the territory of a Contracting State other than the competent one who satisfies the conditions required under the legislation of the competent State, taking into account where necessary the periods of insurance completed under the legislation of the other Contracting State, shall receive accidents at work or occupational diseases benefits due to temporary or permanent incapacity or death provided by the competent State in the Contracting State of residence.

    Article 23

    Equal treatment of facts occurred in the territory of a Contracting State other than the competent State

  44. 1 -Where, in order to assess the degree of incapacity in cases of accidents at work or occupational diseases, the legislation of either Contracting State takes into account the accidents at work and occupational diseases previously occurred, the accidents at work and occupational diseases occurred under the legislation of the other Contracting State shall be taken into account as if they have occurred under the legislation of the former Contracting State.
  45. 2 -Where the granting of benefits in respect of an occupational disease under the legislation of either Contracting State is subject to the condition that the disease in question was first diagnosed within its territory, such condition shall be deemed to be satisfied if the disease was first diagnosed in the territory of the other Contracting State.
  46. 3 -Where the granting of benefits in respect of an occupational disease under the legislation of either Contracting State is subject to the condition that an activity liable to cause the disease in question was pursued for a certain length of time, periods during which the worker pursued an activity of the same kind in the territory of the other Contracting State shall be taken into account as if such activity had been pursued under the legislation of the first Contracting State.

    Article 24

    Benefits for an occupational disease where the person concerned has been exposed to the same risk in both Contracting States

    Where a worker who has contracted an occupational disease has pursued an activity liable to cause that disease in the territory of both Contracting States, under the respective legislations, the benefits shall be awarded exclusively under the legislation of the Contracting State where the activity was last pursued, insofar as the conditions provided for in that legislation are satisfied, taking into account, where necessary, the provisions of article 22.

    Article 25

    Aggravation of an occupational disease

    In the event of aggravation of an occupational disease for which cash benefits have been granted under the legislation of either Contracting State to a worker residing in the territory of the other Contracting State, the following rules shall apply:

    1. a)Where the worker has not pursued in the territory of the Contracting State where he resides an occupation liable to cause or aggravate the disease in question, the competent institution of the former Contracting State shall bear the cost corresponding to the aggravation of the disease under the provisions of the legislation that it administers;
    2. b)Where the worker has pursued in the territory of the Contracting State where he resides an occupation liable to cause or aggravate the disease in question, the competent institution of the former Contracting State shall bear the cost of benefits previously assumed and the competent institution of the latter Contracting State shall bear the cost corresponding to the aggravation of the disease.

      TITLE IV

      Miscellaneous provisions

      Article 26

      Cooperation between competent authorities and institutions

  47. 1 -The competent authorities of both Contracting States:
    1. a)Shall conclude the administrative arrangements that are necessary for the implementation of this Agreement;
    2. b)Shall communicate to each other all measures taken to implement this Agreement;
    3. c)Shall communicate to each other all information concerning the amendments to the respective legislation liable to affect the implementation of this Agreement;
    4. d)Shall designate the respective liaison bodies and establish their tasks in the administrative arrangements mentioned in subparagraph a), paragraph 1 of this article.
  48. 2 -For the purposes of implementing this Agreement, the competent authorities and institutions of both Contracting States shall lend the necessary technical and administrative assistance free of charge.
  49. 3 -For the purposes of granting benefits exclusively due by either Contracting State to nationals of a third State under other international agreements binding that Contracting State, the other Contracting State shall lend its good offices, as well as technical and administrative assistance, by providing the necessary information on the affiliation and insurance record of the persons concerned that are or have been subject to its legislation, according to the provisions to be established in the administrative arrangement mentioned in paragraph 1, subparagraph a).
  50. 4 -For the purposes of implementing this Agreement, the competent authorities or the competent institutions, may communicate directly with one another or through the diplomatic channels and with the persons concerned or their representatives.
  51. 5 -For the purposes of implementing this Agreement, the competent authorities or the competent institutions, shall communicate in english with one another.

    Article 27

    Protection of personal data

  52. 1 -The communication of personal data between the competent authorities or institutions of the Contracting States according to this Agreement or to the administrative arrangements mentioned in article 26, paragraph 1, subparagraph a), shall be subject to the data protection legislation of the Contracting State transmitting them.
  53. 2 -Any communication, storage, alteration and destruction of the personal data by the authority or institution of the receiving Contracting State shall be subject to the data protection legislation of that Contracting State.
  54. 3 -Subject to paragraphs 1 and 2, the cooperation between the competent authorities or the institutions of the Contracting States shall also be subject to the rules in force under the international law, and the personal data to be communicated shall be adequate, pertinent and not excessive in relation to the respective purposes.

    Article 28

    Exemptions from or reduction of taxes and exemption from authentication

  55. 1 -Any exemption from or reduction of taxes, stamp duty, notarial or registration fees provided for in the legislation of either Contracting State in respect of certificates or documents required to be produced in application of the legislation of that Contracting State, shall apply to similar certificates or documents required to be produced in application of the legislation of the other Contracting State or of the provisions this Agreement.
  56. 2 -All documents and certificates required to be produced for the purposes of this Agreement shall be exempt from authentication by diplomatic or consular authorities.

    Article 29

    Submission of claims, declarations or appeals

  57. 1 -Any claim, declaration or appeal that should have been submitted, under the legislation of a Contracting State, within a specific period to an authority, institution or tribunal of that Contracting State shall be admissible if it is submitted within the same period to a corresponding authority, institution or tribunal of the other Contracting State.
  58. 2 -In the cases mentioned in paragraph 1, the authority, institution or tribunal receiving the claim, declaration or appeal shall forward it without delay to the authority, institution or tribunal of the other Contracting State.

    Article 30

    Transfers from either Contracting State to the other Contracting State of amounts payable in application of the Agreement

  59. 1 -The institutions of either Contracting State responsible for the payment of cash benefits under this Agreement to beneficiaries in the territory of the other Contracting State shall validly discharge its liability in euros.
  60. 2 -Amounts due to institutions of either Contracting State shall be paid in euros.

    Article 31

    Rights of institutions responsible for benefits against liable third parties

    Where a person receives benefits under the legislation of either Contracting State due to an injury sustained in result of facts occurred in the territory of the other Contracting State, any rights of the institution responsible for providing benefits against the third party liable to provide compensation for the injury shall be governed by the following rules:

    1. a)Where the institution responsible for providing benefits is, under the legislation it applies, subrogated to the rights which the beneficiary has against the third party, such subrogation shall be recognised by either Contracting State;
    2. b)Where the institution responsible for providing benefits has a direct right against the third party, each Contracting State shall recognise such right.

      Article 32

      Recovery of advance payments

  61. 1 -Where the competent institution of either Contracting State has made an advance payment of benefit to the beneficiary, that institution may request, where necessary, the competent institution of the other Contracting State to deduct the amount of that advance payment from the benefits payable to him.
  62. 2 -The latter institution shall deduct the amount under the conditions and within the limits laid down by the legislation that it administers and shall transfer the amount so deducted to the creditor institution.

    Article 33

    Recovery of undue payments

  63. 1 -Where, in application of title iii, chapter ii, the competent institution of either Contracting State has paid to a beneficiary an amount in excess to that he should receive, that institution may, under the conditions and within the limits of the legislation that it administers, request the competent institution of the other Contracting State to deduct the amount overpaid from the payments due to him.
  64. 2 -The latter institution shall deduct the amount under the conditions and within the limits laid down by the legislation that it administers, as if the overpayment had been made by it and shall transfer the amount so deducted to the creditor institution.

    Article 34

    Collection of contributions and of undue payments

  65. 1 -The collection of contributions due to a competent institution of either Contracting State and, in cases where the provisions of article 33 do not apply, of amounts unduly paid may be effected in the territory of the other Contracting State, in accordance with the procedures and with the guarantees and privileges in force in the territory of the latter Contracting State, applicable to the collection of contributions due to the corresponding institution of this State, and of amounts unduly paid by a competent institution of that Contracting State.
  66. 2 -The procedures for implementing this article may be established by administrative arrangement.

    TITLE V

    Transitional and final provisions

    Article 35

    Application in time

    This Agreement shall confer no rights for a period prior to its entry into force, except in the following cases:

    1. a)All periods of insurance completed under the legislation of either Contracting State before the entry in force of this Agreement shall be taken into account for determining rights acquired under the provisions of this Agreement;
    2. b)Subject to the provisions of this Article, a right shall be acquired under this Agreement even though it relates to a contingency which materialized prior to the date of its entry into force;
    3. c)Any benefit which has not been awarded or which has been suspended by reasons of the nationality or place of residence of the person concerned shall, upon application, be awarded or resumed with effect from the date of the entry into force of this Agreement;
    4. d)The provisions of the legislation of the Contracting States concerning the forfeiture or limitation of rights may not be invoked against the persons concerned, in relation to the rights resulting from the application of subparagraph c), if the application is submitted within two years from the date of entry in force of this Agreement;
    5. e)If the application referred to in subparagraph d) is submitted after the expiry of that period, the rights, which have not been forfeited or time barred, shall have effect from the date on which the application was submitted, except where more favourable provisions of the legislation of either Party apply.

      Article 36

      Settlement of disputes

  67. 1 -Any dispute over the interpretation or application of this Agreement shall be settled, through negotiation, through diplomatic channels.
  68. 2 -If the dispute cannot be settled in accordance with paragraph 1 within six months, it shall be submitted to an arbitration commission, whose composition and rules of procedure shall be approved through mutual agreement by the Parties.
  69. 3 -The decisions of the arbitration commission shall be binding and definitive.

    Article 37

    Entry into force

    This Agreement shall enter into force on the first day of the second month after the date of receipt of the last notification, done in writing and through diplomatic channels, informing that the internal law requisites have been fulfilled for that purpose by both Contracting States.

    Article 38

    Duration and denouncement

  70. 1 -This Agreement shall remain in force for a period of one year, tacitly renewed by successive periods of equal duration.
  71. 2 -Either Contracting State may denounce this Agreement, by giving a notice of denunciation, presented, in writing and through diplomatic channels, to the other Contracting State up to six months before the expiry of the calendar year, producing effects at the end of that year.
  72. 3 -In the event of denouncement of this Agreement, the acquired rights and the rights in course of acquisition shall be maintained in accordance with its provisions.

    Article 39

    Registration

    The Contracting State in whose territory this Agreement is signed shall submit it for registration to the Secretariat of the United Nations, under article 102 of the Charter of The United Nations, as well as shall notify the other Contracting State of the conclusion of this procedure and transmit the number of the registration given.

    In witness whereof, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.

    Done in two copies at Lisbon, this 7th day of July 2009, in the portuguese, ukrainian and english languages, all texts being equally authoritative. In the event of a divergent interpretation of the portuguese and the ukrainian texts, the english text shall prevail.

    For the Portuguese Republic:

    Pedro Manuel Dias de Jesus Marques, Secretary of State for Social Security.

    For Ukraine:

    Kostyantyn Yelisieiev, Deputy Minister for Foreign Affairs.

    (ver documento original)

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