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2012/776/: Council Decision of 6 December 2012 on the… PART IV — TRANSITIONAL AND FINAL PROVISIONS

Article 11–Article 14 · 4 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Transitional provisions

Article 11

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1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force. 2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force. 3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment. 4.   If a request, as referred to in paragraph 3, is submitted within two years of the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from that date, and the legislation of any Member State or Turkey concerning the forfeiture or limitation of rights may not be invoked against the persons concerned. 5.   If a request, as referred to in paragraph 3, is submitted after the expiry of the two-year period referred to in paragraph 4, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or of Turkey. 6.   The rights of a person to whom a pension or special non-contributory cash benefit is provided by a Member State prior to the date of entry into force of this Decision and as a result of the direct effect of Article 6(1) of Decision No 3/80, shall not be limited or forfeited as a result of this Decision.

Annexes to this Decision

Article 12

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The Annexes to this Decision constitute an integral part thereof.

Repeal

Article 13

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Decision No 3/80 shall be repealed as from the date of entry into force of this Decision.

Entry into force

Article 14

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This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union .

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