Council of Europe Treaty Series

The signatory governments of the member States of the Council of Europe,

Considering that the improvement of prosthetic and orthopaedic facilities is an important aspect of social progress in the member States, which according to the Preamble and Article 1 of the Statute of the Council of Europe is one of the major aims of the Council;

Having regard to the principle of equality as between nationals of different member States in the social and medical field, which has already led to the preparation of the Interim Agreements on Social Security, the European Convention on Social and Medical Assistance as well as the Agreement on the Exchange of War Cripples for purposes of Medical Treatment;

Being desirous of making available to any war-disabled person who is within the purview of the competent organisations of the member States means of securing free of charge the repair of prosthetic or orthopaedic appliances,

Have agreed as follows:

Article 1

1. There shall be instituted an international book of vouchers for the repair of prosthetic and orthopaedic appliances, which will be issued solely to military and civilian war-disabled.
2. The book will be issued and used according to the conditions laid down in the Regulations appended to this Agreement.

Article 2

Each Contracting Party undertakes to make the book valid throughout its territory, in respect of both official bodies and private concerns with which it has agreements.

Article 3

The Regulations appended to this Agreement constitute an administrative arrangement and may at any time be amended or supplemented by the governments of the Parties to this Agreement.

Article 4

1. This Agreement shall be open to signature by the member States of the Council of Europe, who may become Parties to it either by:
1. signature without reservation in respect of ratification or acceptance, or
2. signature with reservation in respect of ratification or acceptance, followed by ratification or acceptance.
2. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

Article 5

1. This Agreement shall enter into force one month after the date on which three member States of the Council shall, in accordance with the provisions of Article 4, have signed the Agreement without reservation in respect of ratification or acceptance or shall have deposited their instrument of ratification or acceptance.
2. As regards any member States who shall subsequently sign the Agreement without reservation in respect of ratification or acceptance or who shall ratify or accept 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 acceptance.

Article 6

1. After the entry into force of this Agreement, the Committee of Ministers of the Council of Europe may invite any non-member State to accede to the present Agreement.
2. Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect one month after the date of its deposit.

Article 7

1. Any Contracting Party may at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which this Agreement shall apply.
2. Any Contracting Party may when depositing its instrument of ratification, acceptance or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Agreement to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings.
3. Any declaration made in pursuance of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure laid down in Article 8 of this Agreement.

Article 8

1. This Agreement shall remain in force indefinitely.
2. Any Contracting Party may, insofar as it is concerned, denounce this Agreement by means of a notification addressed to the Secretary General of the Council of Europe.
3. Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification.

Article 9

The Secretary General of the Council of Europe shall notify the member States of the Council and the government of any State which has acceded to this Agreement of:

1. any signature without reservation in respect of ratification or acceptance;
2. any signature with reservation in respect of ratification or acceptance;
3. the deposit of any instrument of ratification, acceptance or accession;
4. any date of entry into force;
5. any amendment to the Regulations made in accordance with Article 3;
6. any declaration received in pursuance of the provisions of paragraphs 2 and 3 of Article 7;
7. any notification received in pursuance of the provisions of Article 8 and the date on which denunciation takes effect.

In witness whereof, the undersigned, being duly authorised thereto, have signed this Convention.

Done at Paris, this 17th day of December 1962, in English and in 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.

Annex

Regulations concerning the use of the international book of vouchers for the repair of prosthetic and orthopaedic appliances

Article 1

The purpose of this book, a specimen copy of which is attached hereto, is to enable any military or civilian war-disabled, when travelling or temporarily residing abroad, to have their prosthetic or orthopaedic appliances repaired free of charge.

The disabled person is only entitled to repairs that have become suddenly and unexpectedly necessary.

Article 2

This book shall be issued by the competent organisation responsible for providing such appliances to any military or civilian war-disabled within its purview who wishes to travel or temporarily reside abroad.

Article 3

This book must comply with the following specifications:

It will be printed in the language or languages prescribed by the law of the issuing Contracting Party and in one of the official languages of the Council of Europe.

Article 4

This book must remain in the possession of its holder, i.e. it may not be kept by a doctor or orthopaedist.

Article 5

The holder of this book, which must not be defaced or altered, is entitled to have the prosthetic or orthopaedic appliances which he has to wear in connection with his war disability, repaired free of charge by the supplier approved by the official organisations of the country where he has his temporary residence.

Article 6

In order to obtain repayment of the cost of the repairs carried out, the supplier should send Coupon No. 2 of the book to the competent organisation responsible in his country for the supply of appliances to military and civilian war-disabled.

This Coupon No. 2, and also Coupon No. 1, must bear details of the nature and cost of repairs carried out. The supplier may only charge the price refunded by the competent organisation responsible in his country for the supply of appliances to military and civilian war-disabled nationals.

Article 7

The competent organisation of the supplier's country, responsible for the supply of appliances to military and civilian war-disabled, will check the necessity and suitability of the price demanded and will pay to the supplier the cost of repairs carried out.

Article 8

The Contracting Parties will each year settle among themselves the accounts arising from the costs of repairs carried out for the benefit of their war-disabled and will determine, where necessary, the authorities competent for that purpose.

Article 9

Books will not be renewed until fully used up and duly handed in, with the counterfoils intact, to the holder's organisation mentioned under Article 2.

Article 10

As soon as he returns to his home country the war-disabled person is to report any repairs which may have been carried out to the competent organisation of his home country, sending in the book of vouchers at the same time.

Article 11

Any person fraudulently acquiring or using this book may render himself liable to prosecution under the laws and regulations in force in the country of the organisation mentioned under Article 2.

In the case of fraudulent use of the book, the costs involved shall be refunded by the war-disabled person; these costs can be reclaimed from him through administrative channels.

Repeated or gross misuse of the book may lead to its withdrawal.

Important :

The holder of this book, which must not be defaced or altered, is entitled to have the prosthetic and orthopaedic appliances which he has to wear in connection with his war disability, repaired free of charge by the supplier accredited by the official organisations of the country where he has his temporary residence.

Description and type of these appliances

This book is not transferable. As soon as he returns to his home country, the war-disabled person is required to report any repairs which may have been carried out to the competent organisation of his home country, at the same time sending in the book of vouchers.

Penalties

Any person fraudulently acquiring or using this book may render himself liable to prosecution under the laws and regulations in force in the country of the organisation which issued this book.

In the case of fraudulent use of the book the costs involved shall be refunded by the war-disabled person; these costs can be reclaimed from him through administrative channels.

Repeated or gross misuse of the book may lead to its withdrawal.