(1) Upon the entry into force of this Convention the former Convention shall terminate and shall be replaced by this Convention.
(2) Notwithstanding paragraph (1), any right to benefit acquired by a person in accordance with the former Convention shall be maintained. For the purposes of this paragraph “any right to benefit acquired” includes any right which a person would have had but for his failure to claim timeously where a late claim is allowed.
(3) Notwithstanding paragraph (1), any rights in course of acquisition under the former Convention at the date of entry into force of this Convention shall be determined under the Convention in force at the date of entitlement.
(4) Where, from the date of entry into force of this Convention, any claim to benefit has not been determined and entitlement arises before that date, the claim shall be determined under the former Convention and shall be determined afresh under this Convention from its date of entry into force. The rate determined under this Convention shall be awarded from the date of its entry into force if this is more favourable than the rate determined under the former Convention.
(5) Benefit, other than lump sum payments, shall be payable in accordance with 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 an industrial disease if it would not have been so treated under any legislation or Convention having effect at the time of its occurrence or development. For the purpose of determining claims under this Convention, account shall be taken, where appropriate, of insurance periods and periods of residence, employment or presence, completed before the date of its entry into force.
(6) Paragraph (5) shall not confer any right to receive payment of benefit for any period before the date of entry into force of this Convention.
(7) For the purposes of paragraph (2) and for applying the first sentence of paragraph (5):
(a)any right to benefit may, at the request of the person concerned, be determined afresh under this Convention with effect from the date of its entry into force provided that the request has been made within two years of that date and, if applicable, benefit awarded at the higher rate from that date;
(b)where the request for the benefit to be determined afresh is made more than two years after the date of entry into force of this Convention payment of benefit, and the payment of any arrears, shall be made in accordance with the legislation concerned.
(8) No provision of this Convention shall diminish any rights or benefits which a person has properly acquired under the legislation of any part of either Party before the date of entry into force of this Convention.
As regards persons who, by virtue of Article 2, are not covered by this Convention, the following provisions shall apply:
(a)any rights in course of acquisition under the former Convention before the date of entry into force of this Convention shall be determined in accordance with Regulation EEC 1408/71 and the Implementing Regulation;
(b)notwithstanding Article 32(1), the former Convention shall remain applicable to any award of a benefit, pension or allowance which was made under it prior to the date of entry into force of this Convention.
(1) The Parties shall notify each other in writing of the completion of their respective constitutional or legal procedures required for the entry into force of this Convention. This Convention shall enter into force on the first day of the third month following the month after the date of the last notification.
(2) The Kingdom of the Netherlands shall apply Article 6 provisionally as from 1 January 2006.
This Convention shall remain in force for an indefinite period. The United Kingdom of Great Britain and Northern Ireland or the Kingdom of the Netherlands may denounce it at any time by giving six months' notice in writing to the other Party.
In the event of the termination of this Convention and unless a new Convention containing provisions regulating the matter is made, any right to benefit acquired by a person in accordance with this Convention shall be maintained and negotiations shall take place for the settlement of any other rights then in course of acquisition by virtue of its provisions.
IN WITNESS WHEREOF the undersigned, duly authorised by their respective Governments, have signed this Convention only in the English language.
Done in duplicate at The Hague this twenty-first day of December 2005 in the English language only.
For the Government of the United Kingdom of Great Britain and Northern Ireland: