Council of Europe Treaty Series
The signatory governments of the member States of the Council of Europe,
Considering that the aim of the Council is to achieve greater unity among its members and that this aim may also be achieved by the adoption of measures for mutual assistance in medical matters;
Desirous of making available to persons who, though affiliated to a medical benefit scheme, are unable to obtain appropriate treatment in their country of residence, the special treatments and climatic facilities existing in other countries;
Considering that such mutual assistance will help to strengthen European consciousness and solidarity,
Have agreed as follows:
The provisions of this Agreement shall apply to persons residing in the territory of one of the Contracting Parties who are eligible for compulsory or optional medical benefits:
Each Contracting Party shall endeavour to have admitted to medical establishments or spas in its territory which can provide appropriate medical treatment any persons referred to in Article 1, for the medical treatment required which they need but which is not available in the territory of the Contracting Party where they reside, in accordance with a certificate issued by the doctor designated by the institution to which the patient is affiliated.
Applications for admission for the medical treatment referred to in Article 2 shall be submitted by the liaison authority to which the person referred to in Article 1 is subject. In each case, this authority shall have powers of verification and appraisal. Admission of the applicant is subject to the agreement of the liaison authority of the country where treatment is to be given. This liaison authority shall, at the request of the liaison authority to which the person is subject, supply the necessary information on the probable total of the expenses referred to in Article 6, paragraph 2, second sub-paragraph. Each case may form the subject of special regulations laid down by agreement between the liaison authorities.
The benefits to which a person referred to in Article 1 is entitled for himself or members of his family under the law of the Contracting Party where he resides shall continue to be granted. Cash benefits to which the person himself is entitled may be paid to him through the liaison authorities in the manner jointly agreed upon by the latter.
The provisions of this Agreement shall not prejudice the provisions of municipal law, bilateral or multilateral treaties, conventions or agreements, or the regulations of the European Economic Community which are already in force or may come into force, under which more favourable treatment would be accorded to the persons referred to in Article 1.
Each Contracting Party may, on signing this Agreement or on depositing its instrument of ratification or approval or accession, declare that it excludes from the benefits of this Agreement persons resident in its territory who are eligible for the medical benefits referred to in Article 1.
This Agreement shall be open to the signature of members of the Council of Europe, who may become Parties to it by:
Instruments of ratification or approval shall be deposited with the Secretary General of the Council of Europe.
This Agreement shall enter into force one month after the date on which three members of the Council shall, in accordance with Article 10, have signed the Agreement without reservation in respect of ratification or approval or shall have ratified or approved it.
In the case of any member of the Council who subsequently shall sign the Agreement without reservation in respect of ratification or approval or who shall ratify or approve it, the Agreement shall enter into force one month after the date of such signature or the date of deposit of the instrument of ratification or approval.
After this Agreement has entered into force, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council to accede to it. Such accession shall take effect one month after the date on which the instrument of accession was deposited with the Secretary General of the Council of Europe.
The Secretary General of the Council of Europe shall notify members of the Council and the governments of acceding States:
This Agreement shall remain in force indefinitely.
Any Contracting Party may terminate its own application of the agreement by giving one year's notice to that effect to the Secretary General of the Council of Europe.
In witness whereof the undersigned, duly authorised thereto by their respective governments, have signed the present Agreement.
Done at Strasbourg, this 14th day of May 1962, in English and French, both texts being equally authoritative, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General shall transmit certified copies to each of the signatory and acceding governments.