The Principality of Andorra, the Kingdom of Spain and the French Republic,
Considering the particular geographical situation of the Principality of Andorra and the historic ties between the three States.
Considering the desire to maintain the quality of existing relations, passed down through history, favouring their respective nationals, in accordance with the Good neighbourhood, friendship and cooperation Treaty between the three States, dated 1 and 3 June 1993.
Considering also the agreements in force for suppressing controls on persons at the common frontiers between the Kingdom of Spain, the French Republic and other States.
Considering that, without prejudice to the importance of other fields, it is of priority to facilitate the circulation and residence both of Andorran nationals on Spanish and French territory, and Spanish and French nationals on Andorran territory.
They agree the following provisions:
Article 1
For the effects of this Convention, by the expression “contracting Parties” is understood, for the one part, the Principality of Andorra, and for the other part, the Kingdom of Spain or the French Republic.
For the French part, this Convention applies to the departments of the French Republic.
For the effects of this Convention, those persons holding an “immigration permit” are considered resident in the territory of one of the contracting Parties. The expression “immigration permit” designates any kind of document issued by the competent authorities of each contracting Party that grants the right, within their territory, to reside and carry out a professional activity, waged or unwaged, or to reside there without carrying out any professional activity. Excluded from the said documents are the frontier worker’s permit and the unrenewable temporary residence and work permit.
Article 2
For entry and stay for a period not exceeding ninety days, the nationals of a contracting Party have access, without a visa, to the territory of another Party simply by presenting a valid national identity document, passport or other travel document, and they can circulate freely in accordance with the legislation of the receiving country.
Article 3
For a stay of more than ninety days in the territory of a contracting Party, the nationals of the other Party must hold a residence permit, the validity of which is determined in accordance with the legislation of the receiving State.
Article 4
Without prejudice to the provisions of sections 3 and 4 of article 7, and of article 9, the conditions for residence applicable to Andorran nationals in the territory of the other Party are at least as favourable as those that Spain and France apply to nationals of member States of the European Union.
Spanish and French nationals can become resident in Andorra in accordance with Andorran legislation. The conditions for residence applicable to Spanish and French nationals are always at least as favourable as those that Andorra applies to nationals of any other State.
At the time of renewal, the immigration permits issued have a duration at least equal to that of the permits they substitute.
The provisions above apply under the conditions provided for by articles 5, 6, 7, 8 and 9 of this Convention
Article 5
National schoolchildren and students from a contracting Party have access to training and education centres of the other Party under the same conditions as the nationals of the latter, under the condition that they provide proof of cover for the risks of illness, maternity and accidents, and sufficient financial means, in accordance with the legislation or regulations of the receiving State.
Article 6
The nationals of a contracting Party who wish to reside in the territory of another Party without carrying out remunerated activities must meet the conditions laid down by the legislation or regulations of the receiving State, especially in matters of financial means. Moreover, they must show proof of cover for the risks of illness, maternity and accidents.
Article 7
The nationals of a contracting Party resident in the territory of another Party, in accordance with article 4 of this Convention, can carry out a professional waged activity under the same conditions as the nationals of the latter.
Spanish and French nationals who can prove, in accordance with Andorran legislation, effective uninterrupted residence in Andorra for a minimum period of ten years, can, under the same conditions as Andorran nationals, carry out any unwaged professional activity that is not a liberal profession, put capital into Andorran mercantile companies and take on management or representative positions in these companies.
The nationals of a contracting Party can practise a liberal profession in the territory of the other Party under the conditions provided for by the legislation or regulations of the receiving State.
Despite the provisions of the two previous sections, the practice in Andorra of an unwaged activity by Spanish and French nationals, as well as the practice of a liberal profession by nationals of a contracting Part on the territory of another Party, will be regulated by the most favourable provisions that may be agreed on this matter between the Principality of Andorra and the European Community.
Each contracting Party guarantees among their nationals and those of another Party who practise a professional activity legally on their territory, equal treatment in relation to working conditions, in accordance with the legislation of the receiving State.
Spanish and French nationals who can prove effective uninterrupted residence and the practice of a waged or unwaged professional activity in Andorra, for a minimum of five years, in accordance with Andorran legislation, receive by right, on renewal of their immigration permit, a permit for the longest duration provided for by Andorran legislation, without prejudice to motives of public order, security or public health.
Article 8
Access to jobs in the public sector that have attributes involving the exercise of sovereignty or direct or indirect participation in the exercise of prerogatives of public jurisdiction of the State or other public corporations is reserved for nationals.
The Principality of Andorra may reserve access to jobs in the public sector for its nationals on first tender. This tender is open equally to Spanish and French nationals who carry out an activity within the Andorran public sector. In the case that the job is not filled at first tender, all Spanish and French nationals may present themselves at the second tender, on equal conditions as Andorrans.
Each contracting Party guarantees, among its nationals and those of another Party legally resident and carrying out an activity within the public sector, equal treatment for access to jobs as well as working conditions, and in particular in relation to renewal of their work contracts.
Article 9
The following have the right to reside with the holder of an immigration permit legally resident in the receiving State:
- His spouse and his descendants under the age of 21 or dependants.
- The ascendants of the holder of the immigration permit or of his spouse who are dependant.
These provisions apply with the reservation that the holder of the immigration permit, mentioned in articles 5 and 6, and also the relatives joining him, have sufficient means of finance and health cover.
Section 2) of this article does not apply to schoolchildren and students.
Immigration permits issued to relatives are of the same kind and have the same duration as that of the holder with whom they are regrouped.These provisions do not apply to either temporary workers or frontier workers.
Article 10
The provisions of this Convention apply to nationals of each contracting Party, without prejudice to more favourable provisions in force on the date of signing this Convention in relation to access to the public service and regulated professions.
Article 11
The nationals of a contracting Party who reside legally in the territory of another Party can only be expelled for reasons of public order, security or public health, in accordance with the legislation of the receiving State.
Article 12
The provisions of this Convention do not prejudice the rights of each contracting Party to apply necessary measures to maintain public order, protect security and public health.
Article 13
Any matter not provided for by this Convention is governed by the respective legislation of each contracting Party.
Article 14
Any questions that may arise from implementation of this Convention will be examined by a joint tripartite commission. The joint commission will meet when necessary on the request, through diplomatic channels, of any of the contracting Parties
Article 15
This Convention is concluded for an unlimited duration and may be denounced by a contracting Part through diplomatic channels with six months notice. Denouncement by the Kingdom of Spain or the French Republic does not affect the validity of this Convention between the two other Parties.
This Convention will come into force after fulfillment of the internal procedure required by each contracting Party. Each contracting Party will notify the two others of fulfillment of the said internal procedure as pertaining. The notifications will be deposited in the archives of the Principality of Andorra.
This Convention will come into force on the first day of the second month following the date of reception of the last notification
Article 16
This Convention, drawn up as one copy, in Catalan, Spanish and French, the three texts equally authentic, will be deposited in the archives of the Principality of Andorra, which will send a true certified copy to the other two Parties.
To testify this, the undersigned plenipotentiaries have placed their signature at the foot of this Convention.
Made in Brussels, on 4 December 2000
|
For the Principality of Andorra |
For the Kingdom of Spain |
For the French Republic |
