Decreto n.º 16/79 — Aprova para ratificação a Convenção sobre Segurança Social entre o Governo de Portugal e o Governo do Reino Unido da…

ARTICLE 7

1) Subject to the provisions of paragraphs 2), 3) and 4) of this article, where a person is employed on board any ship or vessel of one Contracting Party, 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 ordinarily resident in the territory of either Party.

2) Where a person who is insured under the legislation of one Party and employed either in the territory of that Party or on board any ship or vessel of that Party, is sent by an employer in the territory of that Party to work on board a ship or vessel of the other Party, the legislation of the former Party shall continue to apply to him provided that his employment on board the ship or vessel of the latter Party is not expected to last for a period of more than twelve months and that he is not sent to replace another employee who has completed his period of posting. No contributions shall be payable in respect of his employment under the legislation of the other Party. Where for unforeseen reasons his employment en board the ship or vessel of the Latter Party continues after such period of twelve months, the legislation of the former Party shall continue to apply to him for any further period of not more than twelve months, provided that the competent authority of the latter Party agrees thereto before the end of the first period of twelve months.

3) Where a person, who is not normally employed at sea, is employed other than as a member of the crew, on board a ship or vessel of one Party, in the territorial waters of, or at a port of the other Party, the legislation of the latter Party shall apply to him as if any conditions relating to residence were satisfied in his case, provided that he is ordinarily resident in the territory of one of the Parties.

4) Where a person, who is ordinarily resident in the territory of one Party and employed on hoard any ship or vessel of the other Party, is paid remuneration in respect of that employment by a person who is ordinarily resident in, or by an undertaking having its principal place of business in, the territory of the former Party, the legislation of the former Party shall apply to him as if the ship or vessel were a ship or vessel of the former Party, and the person or undertaking by whom the remuneration is paid shall be treated as the employer for the purposes of such legislation.

ARTICLE 8

1) This Convention shall not apply to established members of the Diplomatic Service of either Contracting Party.

2) Subject to the provisions of paragraph 1) of this article, where any person, who is in the Government service of one Party or in the service of any public corporation of that Party, is employed in the territory of the other Party, the legislation of the former Party shall apply to him as if he were employed in its territory.

3) Subject to the provisions of paragraphs 1) and 2) of this article, where a person who is ordinarily resident in the territory of either Party is employed in a diplomatic mission or consular post of one Party in the territory of the other Party, or in the private service of an official of such a mission or post, the legislation of the latter Party shall apply to him, but within three months of the entry into force of this Convention or within three months of the beginning of the employment in the territory of the latter Party whichever is later, he may choose to be insured under the legislation of the former Party, provided that he was so insured immediately before the commencement of the employment at that mission or post.

ARTICLE 9

The competent authorities of the Contracting Parties may agree to modify the provisions of articles 5 to 8 of this Convention in respect of particular persons or categories of persons, where this is in the interest of such persons.

PART III

Special previsions

SECTION I

Special provisions relating to the application of the legislation of the territory of the United Kingdom

ARTICLE 10

1) For the purpose of calculating an earnings factor for entitlement to any benefit referred to in sections II to VII of this Part of this Convention and provided under the legislation specified in article 2, 1), a), i) and ii), of this Convention a person shall be treated for each week beginning in a relevant tax year under the legislation of the territory of the United Kingdom, the whole of which week is a contribution period completed as an employed person under the legislation of Portugal, as having paid a contribution as an employed earner on earnings equivalent to two-thirds of that year's weekly upper earnings limit.

2) For the purpose of calculating the appropriate contribution factor to establish entitlement to any benefit referred to in sections II to VII of this Part of this Convention and provided under the legislation specified in article 2, 1), a), iii), of this Convention a person shall be treated:

3) For the purpose of converting to an insurance period any earnings factor achieved in any tax year under the legislation specified in article 2, 1), a), i), and ii) of this Convention the competent authority of the territory of the United Kingdom shall divide the earnings factor by that years lower earnings limit. The result shall be expressed as a whole number, any remaining fraction being ignored. The figure so calculated, subject to a maximum of the number of weeks during which the person was subject to that legislation in that year, shall be treated as representing the number of weeks in the insurance period completed under that legislation.

4) For the purpose of converting to an insurance period any contribution factor achieved under the legislation of the territory of the United Kingdom, specified in article 2, 1), a), iii), of this Convention, the competent authority of the territory of the United Kingdom shall:

The result shall be expressed as a whole number, any remaining fraction being ignored. The figure so calculated, subject to a maximum of the numbers of months during which the person was subject to that legislation in a quarter or in a year, as the case may be, shall be treated as representing the number of months in the insurance period completed under that legislation.

5) Where it is not possible to determine accurately the periods of time in which certain periods of insurance were completed under the legislation of one Party, such periods shall be treated as if they did not overlap with periods of insurance completed under the legislation of the other Party, but they shall be taken into account to the best advantage of the beneficiary.

SECTION II

Sickness benefit and maternity benefit

ARTICLE 11

1) Where a person has, since his last arrival in the territory of one Contracting Party, completed a contribution period under the legislation of that Party, then for the purpose of any claim for sickness benefit or maternity benefit made under the legislation of that Party, any insurance period, completed under the legislation of the other Party, shall, subject to the provisions of article 10 of this Convention, be treated as if it were an insurance period completed under the legislation of the former Party.

2) Subject to the provisions of paragraph 3) of this article, where a person would be entitled to sickness benefit or maternity allowance under the legislation of one Party if he were in the territory of that Party he shall be entitled to that benefit or allowance while he is in the territory of the other Party if:

The authorisation required in accordance with subparagraph b) of this paragraph may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health or the receipt of medical treatment.

3) Where a seasonal worker who is entitled to sickness benefit by virtue of the provisions of this article in the territory of Portugal goes to Jersey or the Islands of Guernesey, Alderney, Herm or Jethou or where such a person is in the Island of Jersey or the Islands of Guernesey, Alderney, Herm or Jethou and goes to the territory of Portugal, he shall be entitled to continue to receive such benefit for a period of not more than thirteen weeks from the date of his departure from the territory of Portugal or the Hand of Jersey or the Islands of Guernesey, Alderney, Herm or Jethou as the case may be.

4) Where, but for the provisions of this paragraph, a person would be entitled to sickness benefit or maternity allowance under the legislation of both Parties for the same period whether by virtue of this Convent on or otherwise, that benefit or allowance shall be granted only insured before entitlement arose.

ARTICLE 12

1) Where a woman who is insured under the legislation of one Contracting Party, or who is the wife of a person so insured, is confined in the territory of the other Party, she shall, for the purpose of any right to maternity grant under the legislation of the former Party, be treated as if she had been confined in the territory of the former Party.

2) Where a woman would be entitled to a maternity grant under the legislation of both Parties in respect of the same confinement whether by virtue of this Convention or otherwise:

SECTION III

Unemployment benefit

ARTICLE 13

1) Where a person has, since his last arrival in the territory of one Contracting Party, completed a contribution period under the legislation of that Party, he shall be treated, for the purpose of a claim for unemployment benefit under the legislation of that Party, as if any insurance period or period of employment completed under the legislation of the other Party were an insurance period or period of employment, as the case may be, completed under the legislation of the former Party.

Provided that:

2) Where a person claims unemployment benefit under the legislation of one Party by virtue of paragraph 1) of this article, any period for which he received such benefit under the legislation of the other Party during the last twelve months before the day for which his claim is made shall be taken into account as if it were a period for which he had received such benefit under the legislation of the former Party.

SECTION IV

Invalidity pension

ARTICLE 14

1) Where a person has been insured under the legislation of both Contracting Parties, the insurance authority in the territory of the Party whose legislation was applicable at the time when incapacity for work followed by invalidity occurred shall determine, in accordance with that legislation, whether the person concerned satisfies the conditions for entitlement to invalidity pension taking account, where appropriate, of any insurance period or any period of sickness benefit or invalidity pension which that person has completed under the legislation of the other Party as if it were an insurance period completed under the legislation of the former Party.

2) When, according to the provisions of the preceding paragraph, a Portuguese institution is responsible for the payment of the invalidity pension, the insurance periods fulfilled by a British or a Portuguese subject according to the legislation of the United Kingdom shall be taken into account, for the purpose of determining the amount of the pension, as if they had been periods of Portuguese contribution, provided that they do not overlap the latter. The average salary to be considered is determined according to the salaries obtained during the insurance period fulfilled under Portuguese legislation. This provision shall only apply if the duration of the Portuguese insurance period is of at least twelve months.

3) If the provision of invalidity pension determined under paragraph 1) of this article is to be resumed following suspension or cessation, the competent institution responsible for the payment of invalidity pension at the time of suspension or cessation shall remain responsible for its payment, provided that the illness is the same as the one which caused the original invalidity and it occurs within a period of thirteen weeks from the date of the suspension or cessation of invalidity pension.

4) Where a person would be entitled to receive for the same incapacity and for the same period invalidity pension under the legislation of one Party and sickness benefit under the legislation of the other Party, whether by virtue of this Convention or otherwise, he shall be entitled to receive only the invalidity pension or sickness benefit, as the case may be, payable under the legislation of the Party in whose territory the incapacity began, in accordance with the provisions of paragraph 1) of this article.

5) For the purposes of determining entitlement to additional component payable under the legislation of the United Kingdom, no account shall be taken of any contribution period completed under the legislation of Portugal.

SECTION V

Old age pension and survivor's benefit

ARTICLE 15

1) Where a person is entitled to an old age pension under the legislation of a Contracting Party, or under the legislation of any one part of the territory of a Contracting Party, otherwise than by virtue of the provisions of this Convention, that pension shall be payable and the provisions of article 16 of this Convention shall not apply under that legislation.

2) For the purposes of determining entitlement to additional component payable under the legislation of the United Kingdom, no account shall be taken of any contribution period completed under the legislation of Portugal; and for the purposes of this article and article 16 of this Convention additional component shall be treated as a separate benefit to which the provisions of that article 16 do not apply.

ARTICLE 16

1) The provisions of this article shall apply for the purpose of determining entitlement to old age pension in respect of a person under the legislation of a Contracting Party or the legislation of any one part of the territory of a Contracting Party under which there is no entitlement in respect of that person in accordance with the provisions of article 15 of this Convention.

2) The insurance authority of the Party or of that one part of the territory of a Contracting Party shall determine:

The proportionate amount thus calculated shall be the rate of pension actually payable to that person by the competent institution.

3) For the purposes of the calculation in paragraph 2) of this article, where all the insurance periods completed by any person under the legislation of:

those periods shall be treated as if they had been completed under the legislation of another part of the territory of that Party under which a pension is, or if such periods are taken into account would be, payable, or under the legislation of that part which would be most beneficial to that person or, where no pension is or would be payable under the legislation of any other part of that territory, under the legislation of the other Party.

4) For the purpose of applying the provisions of paragraph 2) of this article:

5) Where the total amount of the benefits granted by the competent institution of both Parties to a person who has his residence in Portugal, is less than the minimum amount fixed by the Portuguese legislation, the competent Portuguese institution shall pay the difference between the two amounts to the person concerned.

ARTICLE 17

Where a person does not simultaneously satisfy the conditions for entitlement to an old age pension under the legislation of both Contracting Parties, his entitlement under the legislation of one Party shall be established as and when he satisfies the conditions laid down by the legislation of that Party. The provisions of article 16 of this Convention shall be applied where there is no entitlement under the provisions of article 15 of this Convention to an old age pension under the legislation of that Party and his entitlement shall be determined afresh under those provisions when the conditions under the legislation of the other Party are satisfied.

ARTICLE 18

1) The provision of this article shall apply to any increase of, or supplement to, an old age pension under the legislation specified in paragraph 1), a), i), ii) or iv), of article 2 of this Convention in respect of a dependent child or children.

2) Where a person is entitled to an old age pension only under the legislation specified in paragraph 1), a), i), ii) or iv), of article 2 of this Convention the increase or supplement shall be payable only under that legislation.

ARTICLE 19

The provisions contained in articles 15 to 18 of this Convention shall apply, with such modifications as the differing nature of the benefits shall require, to survivors' benefits.

SECTION VI

Benefits for industrial injuries and diseases

ARTICLE 20

1) Where a person is employed in the territory of one Contracting Party and the legislation of the other Party applies to him in accordance with any of the provisions of articles 5 to 9 of this Convention he shall be treated under that legislation for the purpose of any claim for benefit in respect of an industrial accident or an industrial disease contracted during that employment, as if the accident had occurred or the disease had been contracted in the territory of the latter Party.

2) Where a person sustains an accident after lie leaves the territory of one Party to go in the course of his employment to the territory of the other Party, but before he arrives in the latter territory, then, for the purpose of any claim for benefit in respect of that accident:

3) Where a person would be entitled to receive an allowance in respect of incapacity for work as the result of an industrial accident or disease under the legislation of one Party if he were in the territory of that Party, he shall be entitled to receive that benefit while he is in the territory of the other Party if:

The authorisation required in accordance with sub-paragraph b) of this paragraph may be refused only if it is established that movement of the person concerned would be prejudicial to his state of health or the receipt of medical treatment.

ARTICLE 21

1) Where a person has sustained an industrial injury or contracted an industrial disease, in respect of which the legislation of one Contracting Party applies, and later sustains an industrial injury or contracts an industrial disease in respect of which the legislation of the other Party applies, then for the purpose of determining the degree of his disablement under the legislation of the latter Party, account shall be taken of the former injury or disease as if the legislation of the latter Party applied to it.

2) Where a person contracts an industrial disease, after having been employed in the territory of only one Party in occupations to which, under the legislation of that Party, the disease may be attributed, the legislation of that Party shall apply in his case, even if the disease is first diagnosed in the territory of the other Party. This shall apply also in relation to any aggravation of the disease, provided that the person has not in the meantime been further exposed' to the same risk in the territory of the latter Party.

3) Where a person contracts an industrial disease, after having been employed in the territories of both Parties in an occupation to which the disease may be attributed, under the legislation of both Parties, and he would be entitled to receive benefit in respect of that disease under the legislation of both Parties, whether by virtue of this Convention or otherwise, the benefit shall be payable only under the legislation of the Party in whose territory he was last employed in that occupation before the disease was diagnosed.

4) Where a person has suffered an aggravation of an industrial disease for which benefit has been paid in accordance with the provisions of paragraphs 2) and 3) of this article, the following provisions shall apply:

ARTICLE 22

Where, but for the provisions of this article, and subject to the provisions of article 21, 4), b), of this Convention, a person would have been entitled to any benefit payable in respect of an industrial injury or disease under the legislation of both Contracting Parties, that benefit shall be, granted exclusively under the legislation of the territory in which the person was last employed.

SECTION VII

Death grant

ARTICLE 23

For the purpose of any claim for death grant under the legislation of one Contracting Party any insurance period completed under the legislation of the other Party shall be treated as if it were an insurance period completed under the legislation of the former Party.

ARTICLE 24

1) Where a person dies in the territory of one Contracting Party, his death shall be treated, for the purpose of any claim for a death grant under the legislation of the other Party, as if it had occurred in the territory of the latter Party:

2) Where there would be entitlement to death grant under the legislation of both Parties in respect of the same death, whether by virtue of this Convention or otherwise:

SECTION VIII

Guardian's allowance payable under the legislation of the territory of the United Kingdom

ARTICLE 25

1) For the purpose of any claim for guardian's allowance under the legislation of the territory of the United Kingdom any insurance period or period of presence completed under the legislation of or in the territory of Portugal, as the case may be, shall be treated as if it were respectively an insurance period or period of presence completed under the legislation of, or in the territory of, the United Kingdom.

2) Where a person would be entitled to receive guardian's allowance under the legislation of the territory of the United Kingdom if that person or the orphan for whom the benefit is claimed was resident in the territory of that Party, it shall be paid while that person, or the orphan, is resident in the territory of Portugal.

3) Where, but for the provisions of this paragraph, a person would be entitled to receive guardian's allowance under the legislation of the territory of the United Kingdom and survivor's benefit for a child payable under the legislation of Portugal in respect of the same orphan, whether by virtue of this Convention or otherwise, he shall be entitled to receive the allowance or benefit, as the case may be, only under the legislation of the Party in whose territory the orphan is ordinarily resident.

SECTION IX

Family allowance

ARTICLE 26

1) Where a person is resident in the territory of one Contracting Party and the legislation of the other Party applies to him in accordance with any of the provisions of articles 5 to 9 of this Convention, he or his spouse residing with him shall be treated for the purpose of any claim for family allowance under the legislation of the latter Party:

2) Where a person is resident in the territory of one Party together with any child of his family or any child for whom he is responsible and the provisions of articles 5 to 9 of this Convention do not apply to him, then for the purpose of entitlement to family allowance under the legislation of that Party in respect of that child, any insurance period or any period of presence or residence, as the case may be, completed in the territory of the other Party, shall be treated as if it were an insurance period or a period of presence or residence respectively completed by that person in the territory of the former Party.

3) Where a person is resident in the territory of one Party and his family is resident in the territory of the other Party and the provisions of articles 5 to 9 of this Convention do not apply to him, his entitlement to family allowance hall only be determined under the legislation of the latter Party. For the purpose of determining that entitlement, any insurance period or period of present or residence, as the case may be, completed in the territory of the former Party shall be treated as if it were an insurance period or period of presence or residence respectively completed in the territory of the latter Party.

4) Where, but for the provisions of This paragraph, family allowance would be payable under the legislation of both Parties for the same period in respect of the same child, whether by virtue of this Convention or otherwise, family allowance shall be paid only under the legislation of the Party in whose territory that child is ordinarily resident.

SECTION X

Recovery of advance payments and overpayments of benefit

ARTICLE 27

Where a competent institution of one Contracting Party has made an advance payment of any benefit for any period, any arrears of a corresponding benefit which become payable for the same period under the legislation of the other Party may be withheld, provided that the amount so withheld shall not exceed the amount of the advance payment. Where a competent institution of one Party has overpaid benefit for any period for which the competent institution of the other Party afterwards becomes liable to pay a corresponding benefit, the overpayment shall be regarded, for the purposes of the first sentence of this paragraph, as an advance payment.

PART IV

Miscellaneous provisions

ARTICLE 28

1) The competent authorities of the two Contracting Parties shall establish the administrative measures necessary for the application of this Convention.

2) The competent authorities of the two Parties shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Convention or about changes in their national legislation in so far as these changes affect the application of the provisions of this Convention.

3) The competent authorities, insurance authorities or competent institutions of the two Parties may, for the purpose of applying the provisions of this Convention, correspond directly with one another, or with any person affected by this Convention, or with his legal representative.

4) For the purpose of facilitating the implementation of the provisions of this Convention, liaison offices shall be established.

ARTICLE 29

1) The competent authorities, insurance authorities and competent institutions of the two Contracting Parties shall assist one another on any matter relating to the application of this Convention as if the matter were one affecting the applications of their own legislation. This assistance shall be free of charge.

2) Where any benefit is payable under the legislation of one Party to a pension in the territory of the other Party, the payment may be made by the competent institution of the latter Party, at the request of the competent institution of the former Party.

3) Where a person who is in the territory of one Party has claimed benefit under the legislation of the other Party and a medical examination is necessary, the competent institution of the former Party, at the request of the competent institution of the latter Party, shall arrange for this examination. The cost of such examination shall be met the competent institution of the former Party.

ARTICLE 30

1) Where the legislation of one Contracting Party provides that any certificate or other document which is submitted under the legislation of that Party shall be exempt, wholly or partly, from any taxes, legal dues, consular fees or administrative charges, this exemption shall apply to any certificate or other document which is submitted under the legislation of the other Party or under the provisions of this Convention.

2) All statements, documents and certificates of any kind required to be produced for the purposes of this Convention shall be exempt from authentication by diplomatic or consular authorities.

ARTICLE 31

Where any certificate, document or written statement or any kind is submitted to a competent authority of one Contracting Party, it shall not be rejected on the ground that it is written in the official language of the other Party.

ARTICLE 32

1) Any claim, notice or appeal which should, for the purposes of the legislation of one Contracting Party, have been submitted within a prescribed period to the insurance authority or a Court of that Party, shall be treated as if it had been submitted to that authority or Court if it is submitted within the same period to an insurance authority or Court of the other Party.

2) Any claim for benefit submitted under the legislation of one Party shall be deemed to be a claim for the corresponding benefit under the legislation of the other Party in so far as this corresponding benefit is payable in accordance with the provisions of this Convention.

3) Any document submitted under the legislation of Portugal may, where appropriate, be treated as a notice of retirement given under the legislation of the territory of the United Kingdom.

4) In any case to which the provisions of paragraph 1), 2) or 3) or this article apply, the autority to which the claim, notice, appeal or document has been submitted shall transmit it without delay to the insurance authority of the other Party.

ARTICLE 33

1) Payment of any benefit in accordance with the provisions of this Convention may be made in the currency of the Contracting Party whose competent institution makes the payment and any such payment shall constitute a full discharge of the obligation.

2) Where the competent institution of one Party has made a payment of benefit on behalf of the competent institution of the other Party in accordance with the provisions of paragraph 2) of article 29 of this Convention any reimbursement of the amounts paid by the former competent institution shall be in the currency of the latter Party.

3) Any remittance to be made in accordance with the provisions of this Convention shall be made in accordance with any agreement binding the Parties at the time when such remittance is made.

ARTICLE 34

A person shall not be entitled, whether by virtue of this Convention or otherwise, to sickness benefit, invalidity pension or maternity allowance under the legislation of one Contracting Party for any period during which he is entitled to benefit, other than a pension or allowance except Injury Benefit or Unemployability supplement payable under the legislation of the territory of the United Kingdom in respect of an industrial accident or disease under the legislation of the other Party.

ARTICLE 35

1) Any dispute about the interpretation or application of this Convention shall be resolved through agreement between the competent authorities of each Contracting Party.

2) If any such dispute cannot be resolved in this manner, it shall be submitted, at the request of either Party, to an arbitration tribunal which shall be composed in the following manner:

3) The decision of the arbitration tribunal shall be by majority vote. Its decision shall be binding on both Parties. Each Party shall bear the expenses of the referee appointed by it. The remaining costs shall be borne equally by two Parties. The arbitration tribunal shall determine its own rules of procedure.

PART V

Transitional and final provisions

ARTICLE 36

1) Benefit, other than lump sum payments, shall be payable in accordance with the provisions of this Convention in respect of events which happened before the date of its entry into force, except that an accident which occurred or a disease which developed before that date shall not, solely by virtue of this convention, be treated as an industrial accident or disease if it would not have been 50 treated under any legislation or Convention having effect at the time of its occurrence or development. For the purpose of determining claims in accordance with the provisions of this Convention, account shall be taken of insurance periods and periods of residence, employment or presence, completed before the date of its entry into force.

2) Paragraph 1) of this article shall not confer any right to receive payment of benefit for any period before the date of the entry into force of this Convention.

ARTICLE 37

Negotiations shall take place at a time determined by both Contracting Parties to be appropriate for the purpose of concluding a supplementary agreement which shall add to this Convention arrangements for the payment of child benefit.

ARTICLE 38

This Convention shall be ratified and the instruments of ratification shall be exchanged at Lisbon as soon as possible. The Convention shall enter into force on the first day of the third month following the month in which the instruments of ratification are exchanged.

ARTICLE 39

This Convention shall remain in force for an indefinite period. Either Contracting Party may denounce it by giving six months notice in writing to the other Party.

ARTICLE 40

In the event of the termination of this Convention, any right to benefit acquired by a person in accordance with its provisions shall be maintained and negotiations shall Lake place for the settlement of any other rights then in course of acquisition by virtue of those provisions.

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

Done in duplicate at London this 15th day of November 1978, in the English and Portuguese languages, both texts being equally authoritative.

For the Government of the United Kingdom of Great Britain and Northern Ireland:

(Assinatura ilegível.)

For the Government of Portugal:

Carlos Jorge Mendes Corrêa Gago.

Protocol Concerning Medical Treatment

At the time of signing the Convention on Social Security concluded this day between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Portugal (hereinafter referred to as «the Convention» the undersigned,

Desiring to provide the nationals of each of the two Contracting Parties during their stay in the territory of either Party with necessary medical treatment,

Have agreed as follows:

ARTICLE 1

1) For the purpose of this Protocol, the terms:

ii) In relation to the Islands of Guernesey, Alderney, Herm and Jethou, hospital treatment under the same conditions as a national who is resident in those islands;

iii) In relation to the Island of Jersey, hospital medical and nursing services, including dental, ophthalmic and pharmaceutical services provided by or through the Hospital Services provided by the Public Health Committee of the States;

iv) In relation to Portugal the various benefits guaranteed by the Serviços Médico-Sociais to their users.

ii) In relation to Portugal a person ordinarily resident in Portugal or in the territory of the United Kingdom for whom a Portuguese passport valid for entry into the United Kingdom has been issued.

2) All other terms and expressions have the meaning assigned to them in the Convention.

ARTICLE 2

1) In the case of a national needing:

2) For the purposes of Portuguese legislation and the protection of certain groups of Portuguese nationals, it is agreed that:

3) The provisions of this article shall not apply to a national of the one Party who goes to the other for the express purpose of obtaining medical treatment under this Protocol.

ARTICLE 3

1) The Department of Health and Social Security of the United Kingdom of Great Britain and Northern Ireland and the Secretary of State for Health of Portugal shall be responsible for the proper execution of this Protocol.

2) These authorities shall send to each other as soon as possible details of any changes in laws or regulations operating in the territories of their respective States which may significantly affect the nature and scope of services provided under this Protocol.

ARTICLE 4

Any disagreement relating to the interpretation or application of this Protocol shall be resolved by consultations between the Contracting Parties.

ARTICLE 5

1) This Protocol shall remain in force subject to the provisions of article 39 of the Convention.

2) Amendments and additions to this Protocol shall require agreement in writing between the Contracting Parties.

ARTICLE 6

This Protocol shall be ratified and shall enter into force in accordance with the provisions of article 38 of the Convention.

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

Done in duplicate at London this 15th day of November 1978 in the English and Portuguese languages, both texts being equally authoritative.

For the Government of the United Kingdom of Great Britain and Northern Ireland:

(Assinatura ilegível.)

For the Government of Portugal:

Carlos Jorge Mendes Corrêa Gago.