Temporary Agreement between the Ministry of Welfare of the Republic of Latvia and the Royal Ministry of Labour and Social Affairs of Norway pursuant to Article 17 of Council Regulation (EEC) of 14 June 1971 No 1408/71 on the application of social security schemes to employed persons, to self–employed persons and to members of their families moving within the Community concerning Latvian seamen employed on board of ships registered in the Norwegian International Ship’s Register

Having regard to the Agreement on the European Economic Area, Article 29, Annex VI, Paragraphs No 1 and 2;

having regard to Title II of Regulation (EEC) No 1408/71, in particular Article 17;

having regard to Title III of Regulation (EEC) No 574/72, in particular Article 11; and

considering the opinion of social partners — the Norwegian Shipowner’s Association, the Free Trade Union Confederation of Latvia and the Latvian Seafarers’ Union of Merchant Fleet;

believing that such temporary arrangement providing for exceptions from Article 13 (2) (c) of Regulation (EEC) No 1408/71 shall be in the interests of seamen to whom Regulation (EEC) No 1408/71 applies, residing in Latvia and employed on board of ships registered in the Norwegian International Ship’s Register,

the Ministry of Welfare of the Republic of Latvia and the Royal Ministry of Labour and Social Affairs of Norway (hereinafter referred to as competent authorities)

HAVE AGREED ON THE FOLLOWING:

Article 1

Pursuant to Article 17 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self–employed persons and to members of their families moving within the Community and Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71, seamen to whom the Regulation (EEC) No 1408/71 applies, residing in Latvia and employed on board of ships registered in the Norwegian International Ship’s Register, shall, notwithstanding Article 13 (2) (c) of Regulation (EEC) No 1408/71, be subject solely to Latvian social security legislation on an equal basis and according to the same rules and rates as seafarers employed on board of ships registered in the Latvian Ship’s Register.

Article 2

The Latvian competent institution (the State Social Insurance Agency — Valsts sociālās apdrošināšanas aģentūra (VSAA)) shall, upon receiving an application from the Norwegian shipowner, his local representative or the seaman, promptly and without undue delay, issue a certificate (form E 101) stating the continued application of Latvian social security legislation to the person concerned and the period for which the said legislation shall apply. One copy of this certificate shall be sent to the employee, one to the employer and one copy to the Norwegian competent institution (the National Office for Social Insurance Abroad — Folketrygdkontoret for utenlandssaker (FFU)).

Article 3

In respect of levying social insurance contributions the Latvian responsible institution shall apply the procedure prescribed for a domestic employee working for an employer in a Member State of the European Union.

Article 4

Any dispute arising between the competent authorities of Latvia and Norway regarding the interpretation or application of this Agreement shall be settled in consultation.

Article 5

This Agreement shall enter into force on the date of the last signature and take effect as from 1 May 2004. The Agreement shall be in force for a period of two years until 30 April 2006. The competent authorities may upon mutual consent prolong the abovementioned period by exchange of notifications. Each of the competent authorities may at any time terminate this Agreement and any subsequent prolongations with 30 days written notice.

Done in two originals in Latvian and English languages, each being equally authentic. In case of divergence of interpretations, the English text shall prevail.