Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

Convention (n° 36) sur l'assurance-vieillesse (agriculture), 1933 - France (Ratification: 1939)

See under Convention No. 35, as follows:

Article 12, paragraph 5, of the Convention. The Committee refers to its previous comments concerning the question of whether, in view of the condition of residence in France explicitly required by the legislation (section L.311-7 of the Social Security Code) in order to benefit from social insurance benefits, foreign insured persons, who are nationals of a country that has ratified the present Convention and who are residing in the territory of any one of the Members bound by the said Convention, but not signatories of a social security agreement with France, continue to enjoy the same contributory advantages as French insured persons. It requested it to specify whether administrative instructions had been issued so that the term "international agreements" used in the aforementioned section, which reserve the situation of workers who are nationals of countries with which France is bound by an agreement, are understood to apply to this present Convention. In its report, the Government indicates that the concept of automatic reciprocity in respect of the nationals of any Member bound by the present Convention, which is advanced by the Committee, would be void of content if it were to mean for France the unilateral suppression of the condition of residence required when applying for the payment of a pension, if this condition could be maintained in other States that had ratified the Convention. The Committee notes the Government's statement. It is however bound to point out that, in accordance with the Convention, any restrictions which may apply in the event of residence abroad shall only apply to pensioners and their dependants who are nationals of any Member bound by this Convention to the extent to which they apply to nationals of the country in which the pension has been acquired. In these circumstances, the Committee is bound once again to hope that the Government will study the necessary measures to give effect to this provision of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1991.]