Treaty Series Recueil des Traites - United Nations Treaty Collection

144 United Nations - Treaty Series 1969
6. Ad article 5 of the Convention:
(a) Persons employed by a German enterprise shall be deemed to be
employed in the territory of the Republic of Austria even if they do not
satisfy the conditions relating to domicile laid down by Austrian legislation.
(b) Where, under German legislation, receipt of an annuity affects
exemption from the obligation to participate in an insurance scheme, receipt
of a corresponding benefit under the Austrian pensions insurance scheme
shall have the same effect.
7. Ad article 9 of the Convention:
(a) Persons who are nationals of both Contracting States shall be subject
to the legislation of the Contracting State in whose territory they
are employed. The status quo shall be maintained in so far as on the date of
the entry into force of the Convention the said persons are subject to the
legislation of the other Contracting State.
(b) The provision in paragraph (1) shall apply to the Austrian Trade
Delegate and the technical staff assigned to him by the Federal Chamber of
Commerce (Bundeskammer der gewerblichen Wirtschaft) to the extent that the
employment in the territory of the Federal Republic of Germany of the persons
referred to is subject to Austrian legislation.
(c) Where German legislation is applicable under paragraph (1), the
national shall be deemed to be employed at the employer's head office.
(d) Paragraph (2) shall apply mutatis mutandis to members of the foreign
service of the Republic of Austria who are employed at the office of an honorary
consul.
(e) For persons who are in employment on the date of the entry into
force of the Convention the period prescribed in paragraph (2) shall begin
on that date.
8. Ad article 15, paragraph (4), and article 23, paragraph (5), of the Convention
:
(a) The provisions shall apply in respect of ambulatory treatment by
professional physicians, dentist and dental techniques until the date to be
specified in accordance with subparagraph (d) below, only in respect of the
following persons :
1. Frontier commuters and their dependants,
2. Persons who are in the territory of the Contracting State concerned in the
course of their employment, and dependants accompanying them,
No. 10090