Aanvullend Accoord ter uitvoering van het Verdrag, ondertekend op 7 november 1949, betreffende sociale en medische bijstand verleend door de landen welke Partij zijn bij het Verdrag van Brussel
The Governments of Belgium, France, Luxembourg, the Netherlands and the United Kingdom of Great Britain and Northern Ireland;
Being parties to the Treaty of Brussels signed on the 17th March, 1948;
Desiring to give effect to Article 9 of the Convention on Social and Medical Assistance signed at Paris on the 7th November, 1949 (hereinafter referred to as “the Convention”);
In accordance with Article 1 of the Convention, nationals of the Contracting Parties who are without sufficient means and who are lawfully residing in the territories of any of the above Parties may benefit by the medical and social legislation concerning assistance, in particular assistance to:
the sick in mind or body,
women during pregnancy, confinement or the nursing period,
The legislative measures regarding such assistance which are in force at the present time in the territories of each of the Contracting Parties are set out in Annex I.
The term “nationals and persons treated as nationals” used in the Convention means, in relation to any Contracting Party, the persons treated by it as such for the purpose of its assistance legislation. These persons are listed in Annex II.
Proof of the nationality of the person concerned shall be determined according to the regulations on this matter prescribed by the legislation of his country of origin.
Residence by an alien in the territory of any of the Contracting Parties shall be considered lawful within the meaning of the Convention as from the issue of the first permit to reside in the said territory, even if such permit is of temporary validity. Residence shall be considered unlawful from the date of any deportation order made out against the person concerned, unless a stay of execution is granted.
Failure to renew the residence permit, if due to the inadvertence of the person concerned, will not cause him to cease to be entitled to assistance except where the competent authorities of the country of residence do not consider that the residence of the person concerned should be treated retrospectively as lawful.
Conversely, the lawful possession of a document certifying the issue of a permit to reside in the territory of any of the Contracting Parties will not avail to prevent repatriation unless the alien has in fact fulfilled the condition of habitual and continuous residence in the said territory.
The commencing date of the period of five or ten years residence laid down in Article 4 of the Convention shall in each country be established, in the absence of evidence to the contrary, on the basis of evidence supplied by official investigation or by documents recognised by the law of the country as affording proof of residence. These documents are listed in Annex III.
Since residence must be continuous, proof of this continuity may be shown by the production of any evidence acceptable in the country of residence and in particular by proof of occupational activity, the production of rent receipts, etc.
Residence shall be regarded as continuous, notwithstanding periods of absence which are:
undertaken without any intention by the person concerned to settle down in the country he is visiting.
Where the person concerned has resided at intervals in the territory of the Contracting Party from which he is claiming assistance, the date of commencement of residence as laid down in Article 4 of the Convention will be the date when the person concerned last took up residence in the said territory.
There shall be excluded in the calculation of length of residence periods during which the person concerned has been in receipt of assistance from public monies as laid down in the legislative measures mentioned in Annex I, except in the case of medical treatment for acute illness or short-term medical treatment.
Consular Officials of the Contracting Parties shall make available to the responsible administrative bodies any information deemed suitable to facilitate enquiries and to establish the evidence required for the purposes of the present Agreement.
The Contracting Parties undertake to help each other to recover the cost of assistance payments from persons who are legally liable to contribute towards the cost of maintenance of the assisted person, and who are in a position to do so, in whole or in part.
The Contracting Parties agree not to have recourse to repatriation except in the greatest moderation and then only in those cases where there is no objection on humanitarian grounds.
Particular consideration will be given to the family ties and to close associations which may bind the interested person to the country of residence.
In the same spirit, the Contracting Parties agree that repatriation should cover the husband or wife and children of the assisted person.
The Contracting Party which is requested to accept the repatriation of an assisted person may not refuse to do so on the grounds that nationality is not established, if the assisted person has in his possession either a passport of the nationality concerned issued to him by an administrative authority of that Party, or a certificate of registration issued to him by a diplomatic or consular agent of that Party which states specifically that the bearer is a national of the said Contracting Party.
In the absence of such evidence, and if the country of origin does not acknowledge that the assisted person is a national of that country, the grounds of disclaimer must be forwarded to the country of residence within thirty days.
When repatriation is decided upon, the diplomatic or consular authorities of the country of origin will be advised (if possible three weeks in advance) of the repatriation of their national.
The authorities of the country of origin will duly inform the authorities of the country, or countries, of transit.
The Notice of Repatriation (form attached at Annex IV) will state the day, the time, and the place where the assisted person will be handed over, the strength of the escort necessary, and the means of transport necessitated by his state of health.
The centres for handing over such persons will be decided by arrangements between the competent authorities of the country of residence and the country of origin.
The competent administrative authorities of the country of residence and the diplomatic and consular authorities of the country of origin may enter into direct correspondence for the purpose of carrying out the provisions of the Convention and of the present Agreement.
The competent central administrative authorities may also correspond direct with one another in the application of the present Agreement.
The Contracting Parties will notify each other, through the diplomatic channel, and will also inform the Secretary-General of the Brussels Treaty Permanent Commission, of any subsequent amendment to internal legislative measures affecting Annexes I, II and III which show the laws and regulations in force.
Any disagreement between two or more of the Contracting Parties arising out of the interpretation or implementation of the present Agreement shall be resolved in accordance with the procedure laid down in Article 10 of the Convention.
The present Agreement shall, with respect to each Contracting Party, enter into force on the same date and remain in force for the same period as the Convention.
The Contracting Parties may, by bilateral arrangement, take interim measures to deal with cases in which assistance was granted prior to the entry into force of the Convention and of the present Agreement.
The Governments of Belgium, France, Luxembourg and the Netherlands will take the necessary measures to repeal, on the date on which the Convention enters into force:
the Reciprocal Assistance Convention, signed on 30th November, 1921, between Belgium and France;
the Reciprocal Assistance Convention, signed on 4th January, 1923, between France and Luxembourg;
the Reciprocal Assistance Convention, signed on 17th July, 1923, between Belgium and Luxembourg;
the Reciprocal Assistance Convention, signed on 15th May, 1936, between Belgium and the Netherlands.
In witness whereof the undersigned, duly authorised by their respective Governments, have signed the present Agreement.
Done at Brussels, this 17th day of April, 1950, in English and French, both texts being equally authoritative, in a single copy which shall be deposited in the archives of the Secretariat-General of the Brussels Treaty Permanent Commission and of which a certified copy shall be transmitted by the Secretary-General to each of the signatory Governments.