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Have agreed as follows:

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• 1 Spanish non-contributory social security benefits established under Law 26/90 of 20 December 1990 shall be granted to Canadian citizens under the same conditions and subject to the same requirements as that law sets out for Spanish citizens.

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• 2 Article 6, paragraph 4 of the Convention shall be replaced by the following text:

  • “4 A person employed as a member of the crew of a ship who, but for this Convention, would be subject to the legislation of Spain as well as to the Canada Pension Plan in respect of that work shall, in respect thereof, be subject only to the Canada Pension Plan if that person resides and is hired in Canada, and only to the legislation of Spain if that person resides and is hired in Spain. When the circumstances of the previous sentence do not apply, the person shall be subject only to the legislation of Spain if the ship flies the flag of Spain.”

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• 1 At the date of the coming into force of this Protocol, benefits which have been requested or awarded, prior to that date, through the application of the Convention may be reviewed or recalculated by the competent institution, on request by the beneficiary, taking into account the provisions of this Protocol. The change in the amount of benefit payable as a result of the recalculation shall start to be due from the first day of the month following the month in which the beneficiary requests the recalculation.

• 2 In no case shall the beneficiary, as a result of a recalculation made by virtue of the provisions of the previous paragraph, receive a benefit which is lesser in amount than that which he or she had been receiving prior to that time.

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• 3 In the event of the denunciation of the Convention through the application of Article 25, paragraph 2 thereof, this Protocol shall also be denounced, with effect on the same date as the termination of the Convention.

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