Appendix 1
List of principles to be applied to social security
1. If a household living in a frontier area receives earnings in two different countries, it must be guaranteed the right to receive family allowances in one of the two countries.
2. If a frontier worker becomes eligible for an invalidity or retirement pension, it must be ensured that, after the deduction of any sums due in the country of residence, the final amount received is at least equal to the survival pension of other nationals.
3. A frontier worker who enjoys certain rights derived from his social cover - particularly in respect of old-age insurance, sickness insurance, unemployment benefit, accident and invalidity insurance - although resulting from occupational activities exercised in one of the states concerned, should be able to exercise the same rights equally in his country of residence and in his country of employment, both of which countries should safeguard these rights.
4. Social benefits cannot be refused on the grounds that a worker's residence or place of work is situated abroad.
5. f a person living in a frontier area works exclusively in one country, he should receive full social cover under the system of that country, without discrimination in comparison with national workers.
6. The social contributions of frontier-area residents working in two different countries should be calculated globally and full rights should be granted in one of the countries if they are not available in the other. Frontier workers should not suffer discrimination in comparison with their compatriots with regard to all benefits pertaining to social cover.
7. Frontier workers and members of their family should enjoy equal rights to medical assistance in both countries. A free choice of doctors and hospitals should be guaranteed to frontier workers and pensioners. Sickness insurance companies and funds should collaborate so that frontier dwellers are not at a disadvantage compared with nationals.
8. In the event of unemployment, frontier workers should have access, in accordance with their training, skills and the state of the labour market, to the official placement services in both the country of residence and the country where last employed. In all circumstances, frontier workers shall qualify for the unemployment insurance towards which they have contributed.
9. Joint labour offices - modelled on those in ‘‘Euregio'' - should be set up in frontier regions in order to provide frontier workers access to the labour market throughout the frontier area.
10. The unemployment insurance bodies of both countries shall reach agreement on their respective spheres of competence. If it cannot be immediately established which agency has competence, the authority in the country of residence shall allocate a provisional benefit sufficient to guarantee the subsistence of the jobless frontier worker.
11. Frontier workers shall qualify for a pension in the event of total or partial incapacity. If a frontier worker has paid contributions exclusively in the country of employment, the payment of an invalidity pension on grounds of accident, illness or occupational disease shall be governed by the conditions of entitlement prevailing in the country of employment.
12. If a frontier worker has paid contributions in both countries, the conditions of entitlement of only one country should be applied. The calculation of benefits should be approved by the other state and all accessory benefits guaranteed.
13. If a frontier worker receives an early-retirement pension, the pension concerned should not be subject to taxes or other dues in contradiction with the entitlement.
14. Benefits allocated in the country of employment and of residence cannot be drawn twice. Nor can they be refused on the grounds that the place of residence or work is situated abroad. Frontier workers should at all events receive the social benefits to which they are entitled in one of the two countries. If a particular benefit (for example child, family or disablement allowance) is linked to residence in one state and to the place of work in the other state, steps must be taken to ensure that the benefit is paid in at least one of the two countries.