1971R1408 — EN — 01.05.2004 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No1408/71
of14June1971
ontheapplicationofsocialsecurityschemestoemployedpersons,toself-employedpersonsandto
membersoftheirfamiliesmovingwithintheCommunity (8) (9) (10) (11)
(OJ L 149, 5.7.1971, p. 2)
(Consolidated version — OJ No L 28 of 30. 1. 1997, p. 1 (*))
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1290/97 of 27 June 1997 L 176 1 4.7.1997
►M2Council Regulation (EC) No 1223/98 of 4 June 1998 L 168 1 13.6.1998
►M3Council Regulation (EC) No 1606/98 of 29 June 1998 L 209 1 25.7.1998
►M4Council Regulation (EC) No 307/1999 of 8 February 1999 L 38 1 12.2.1999
►M5Council Regulation (EC) No 1399/1999 of 29 April 1999 L 164 1 30.6.1999
►M6Regulation (EC) No 1386/2001 of the European Parliament and of the
Council of 5 June 2001L 187 1 10.7.2001
Amended by:
►A1Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Republic of Hungary, the Republic ofMalta, the Republic of Poland, the Republic of Slovenia and the SlovakRepublic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
(*) See appendix.
▼B
COUNCILREGULATION(EC)No1408/71
of14June1971
on the application of social security schemes to employed persons,
to self-employed persons and to members of their families moving
withintheCommunity (8) (9) (10) (11)
(Consolidated version — OJ No L 28 of 30. 1. 1997, p. 1 (*))
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
inparticular Articles 51 an d 235 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament,Having regard to the opinion of the Economic and Social Committee,Whereas the provisions for coordination of national social security
legislations fall within the framework of freedom of movement forworkers who are nationals of Member Sates and should contributetowards the improvement of their standard of living and conditions of
employment;
Whereas freedom of movement for persons, which is one of the corner-
stones of the Community, is not confined to employed persons but alsoextends to self-employed persons in the framework of the freedom ofestablishment and the freedom to supply services;
Whereas the considerable differences existing between national legisla-
tions as regards the persons to whom they apply make it preferable toestablish the principle that the Regulation applies to all persons insured
under social security schemes for employed persons and for self-
employed persons or by virtue of pursuing employment or self-employ-ment;
Whereas it is necessary to respect the special characteristics of national
social security legislations and to draw up only a system of coordina-tion;
Whereas it is necessary, within the framework of that coordination, to
guarantee within the Community equality of treatment under the
various national legislations to workers living in the Member Statesand their dependants and their survivors;
Whereas the provisions for coordination must guarantee that workers
moving within the Community and their dependants and their survivorsretain the rights and the advantages acquired and in the course of beingacquired;
Whereas these objectives must be attained in particular by aggregation
of all the periods taken into account under the various national legisla-
tions for the purpose of acquiring and retaining the right to benefits andof calculating the amount of benefits, and by the provision of benefitsfor the various categories of persons covered by the Regulation regard-less of their place of residence within the Community;
Whereas employed persons and self-employed persons moving within
the Community should be subject to the social security scheme of
only one single Member State in order to avoid overlapping of national
legislations applicable and the complications which could result there-from;
Whereas the instances in which a person should be subject simulta-
neously to the legislation of two Member States as an exception tothe general rule should be as limited in number and scope as possible;1971R1408 — EN — 01.05.2004 — 003.001 — 2
(*) See appendix.
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Whereas with a view to guaranteeing the equality of treatment of all
workers occupied onthe territory of a Member State as effectively aspossible, it is appropriate to determine as the legislation applicable, as
a general rule, that of the Member State in which the person concerned
pursues employment of self-employment;
Whereas incertainsituation s which justify other criteria of applic-
ability, it is possible to derogate from this general rule;
Whereas certain benefits foreseen under national laws may fall simulta-
neously within social security and social assistance, because of the
personal scope of their application, their objectives and their mannerof application, it is necessary to lay down a system of coordination,which takes into account the special characteristics of the benefitsconcerned, that should be included in the Regulation in order to protectthe interests of migrant workers in accordance with the provisions of
the Treaty;
Whereas such benefits should be granted, in respect of persons falling
within the scope of this Regulation, solely in accordance with the legis-lation of the country of residence of the person concerned or of themembers of his or her family, with such aggregationof periods of resi-dence completed in any other Member State as is necessary and
without discrimination on grounds of nationality;
Whereas it is necessary to lay down specific rules, in particular in the
field of sickness and unemployment, for frontier workers and seasonalworkers, taking account of the specific nature of their situation;
Whereas in the field of sickness and maternity benefits, it is necessary
to guarantee the protection of persons living or staying in a Member
State other thanthe competen t Member State;
Whereas the specific position of pension claimants and pensioners and
the members of their families calls for the provisions governing sick-ness insurance to adapted to their situation;
Whereas for invalidity benefits a system of coordination should be
drawn up which respects the specific characteristics of national legisla-
tions; whereas it is therefore necessary to make a distinction betweenlegislations under which the amount of invalidity benefit is independentof the length of insurance and legislations under which the amountdepends on the aforementioned length;
Whereas the differences between the schemes in the Member States
call for the adoptionof rules of coordin ationwhich are applicable in
the case of aggravationof in validity;
Whereas it is expedient that a system for the award of old-age benefits
and survivors benefits be worked out where the employed or self-employed personhas beensubject to the legislationof on e or more
Member States;
Whereas there is a need to determine the amount of a pension calcu-
lated in accordance with the method used for aggregation and pro ratacalculation and guaranteed by Community law where the application ofnational legislation, including provisions concerning reduction, suspen-sion or withdrawal, is less favourable than the aforementioned method;
Whereas, to protect migrant workers and their survivors against an
excessively stringent application of the national provisions concerningreduction, suspension or withdrawal, it is necessary to include provi-sions laying down strict rules for the application of these provisions;
Whereas, in respect of benefits for accidents at work and occupational
diseases, it is necessary, for the purpose of affording protection, that
rules be laid down covering the situation of persons residing or staying
ina Member State other thanthe competen t Member State;
Whereas it is necessary to lay down specific provisions for death
grants;
Whereas, in order to secure mobility of labour under improved condi-
tions, it is necessary henceforth to ensure closer coordination between1971R1408 — EN — 01.05.2004 — 003.001 — 3
▼B
the unemployment insurance schemes and the unemployment assistance
schemes of all the Member States;
Whereas it is therefore particularly appropriate, inorder to facilitate
search for employment in the various Member States, to grant to anunemployed worker, for a limited period, the unemployment benefitsprovided for by the legislationof the Member State to which he waslast subject;
Whereas, with a view to determining the legislation applicable to
family benefits, the criterion of employment ensures equal treatmentbetweenall workers subject to the same legislation ;
Whereas, in order to avoid unwarranted overlapping of benefits, there
is a need to provide for rules of priority in the case of overlapping of
the right to family benefits under the legislation of the competent Stateand under the legislation of the country of residence of the members ofthe family;
Whereas the legislations of the Member States differ from each other
and are specific in nature, it is considered necessary to draw up specificrules for the coordination of the national schemes providing benefitsfor dependent children of pensioners and for orphans;
Whereas it is necessary to establish an Administrative Commission
consisting of a government representative from each of the Member
States, charged in particular with dealing with all administrative ques-tions or questions of interpretation arising from the provisions of thisRegulation, and to further cooperation between the Member States;
Whereas it is desirable, withinthe framework of anAdvisory
Committee, to have the representatives of workers and employersexamine the issues treated by the Administrative Commission;
Whereas it is necessary to lay down special provisions which corre-
spond to the special characteristics of the national legislations in order
to facilitate the application of the rules of coordination,
HAS ADOPTED THIS REGULATION:
TITLE I
GENERALPROVISIONS
Article 1 (10) (15)
Definitions
For the purpose of this Regulation:
(a)employed person andself-employed person meanrespectively:
(i) any person who is insured, compulsorily or on an optional
continued basis, for one or more of the contingencies covered
by the branches of a social security scheme for employed orself-employed persons or by a special scheme for civilservants;
(ii) any person who is compulsorily insured for one or more of
the contingencies covered by the branches of social securitydealt with in this Regulation, under a social security dealtwith in this Regulation, under a social security scheme forall residents or for the whole working population, if such
person:
— canbe iden tified as anemployed or self-employed person
by virtue of the manner in which such scheme is adminis-
tered or financed, or,
— failing such criteria, is insured for some other contingency
specified in Annex I under a scheme for employed or self-employed persons, or under a scheme referred to in (iii),either compulsorily or on an optional continued basis, or,1971R1408 — EN — 01.05.2004 — 003.001 — 4
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where no such scheme exists in the Member State
concerned, complies with the definition given in Annex I;
(iii) any person who is compulsorily insured for several of the
contingencies covered by the branches dealt with in thisRegulation, under a standard social security scheme for thewhole rural populationinaccordan ce with the criteria laiddown in Annex I;
(iv) any person who is voluntarily insured for one or more of the
contingencies covered by the branches dealt with in thisRegulation, under a social security scheme of a Member Statefor employed or self-employed persons or for all residents or
for certaincategories of residen ts:
— if such personcarries out anactivity as anemployed or
self-employed person, or
— if such personhas previously beencompulsorily in sured
for the same contingency under a scheme for employedor self-employed persons for the same Member State;
(b)frontier worker means any employed or self-employed person who
pursues his occupationinthe territory of a Member State an d
resides inthe territory of an other Member State to which hereturns as a rule daily or at least once a week; however, a frontierworker who is posted elsewhere inthe territory of the same oranother Member State by the undertaking to which he is normally
attached, or who engages in the provision of services elsewhere in
the territory of the same or another Member State, shall retain thestatus of frontier worker for a period not exceeding four month,even if he is prevented, during that period, from returning dailyor at least once a week to the place where he resides;
(c)seasonal worker means any employed person who goes to the
territory of a Member State other thanthe on e inwhich he is resi-
dent to do work there of a seasonal nature for an undertaking or
an employer of that State for a period which may on no accountexceed eight month, and who stays in the territory of the saidState for the duration of this work; work of a seasonal nature shallbe taken to mean work which, being dependent on the succession
of the seasons, automatically recurs each year;
(ca)studentmeans any person other than an employed or self-
employed personor a member of his family or survivor within
the meaning of this Regulation who studies or receives vocationaltraining leading to a qualification officially recognised by theauthorities of a Member State, and is insured under a generalsocial security scheme or a special social security scheme applic-able to students;
(d)refugeeshall have the meaning assigned to it in Article 1 of the
Convention of the Status of Refugees, signed at Geneva on 28
July 1951;
(e)stateless person shall have the meaning assigned to it in Article 1
of the Convention on the Status of Stateless Persons, signed inNew York on28 September 1954;
(f) (i)member of the family means any person defined or recognized
as a member of the family or designated as a member of thehousehold by the legislation under which benefits are providedor, inthe cases referred to inArticles 22 (1) (a) an d 31, by the
legislationof the Member State inwhose territory such person
resides; where, however, the said legislations regard as amember of the family or a member of the household only aperson living under the same roof as the ►
M4employed or
self-employed personor studen t ◄, this condition shall be
considered satisfied if the person in question is mainly depen-
dent on that person. ►M1Where the legislationof a Member
State does not enable members of the family to be distin-guished from the other persons to whom it applies, the term“member of the family" shall have the meaning given to it inAnnex I ◄;1971R1408 — EN — 01.05.2004 — 003.001 — 5
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(ii) where, however, the benefits concerned are benefits for
disabled persons granted under the legislation of a MemberState to all nationals of that State who fulfil the prescribed
conditions, the term ‘member of the family’ means at least
the spouse of an ►
M4employed or self-employed personor
student ◄and the children of such person who are either
minors or dependent upon such person;
(g)survivor means any person defined or recognized as such by the
legislation under which the benefits are granted; where, however,the said legislationregards as a survivor on ly a personwho wasliving under the same roof as the deceased, this condition shallbe considered satisfied if such person was mainly dependent on
the deceased;
(h)residence means habitual residence;
(i)staymeans temporary residence;
(j)legislation means in respect of each Member State statutes, regu-
lations and other provisions and all other implementing measures,
present or future, relating to the branches and schemes of socialsecurity covered by Article 4 (1) and (2) or those special non-contributory benefits covered by Article 4 (2a).
The term excludes provisions of existing or future industrial agree-
ments, whether or not they have been the subject of a decision bythe authorities rendering them compulsory or extending theirscope. However, inso far as such provision s:
(i) serve to put into effect compulsory insurance imposed by the
laws and regulations referred to in the preceding subpara-graph; or
(ii) set up a scheme administered by the same institution as that
which administers the schemes set up by the laws and regula-tions referred to in the preceding subparagraph,
the limitationonthe term may at an y time be lifted by a declara-
tion of the Member State concerned specifying the schemes ofsuch a kind to which this Regulation applies. Such a declarationshall be notified and published in accordance with the provisionsof Article 97.
The provisions of the preceding subparagraph shall not have the
effect of exempting from the application of this Regulation theschemes to which RegulationNo 3 applied.
The term ‘legislation’ also excludes provisions governing special
schemes for self-employed persons the creation of which is leftto the initiatives of those concerned or which apply only to apart of the territory of the Member State concerned, irrespectiveof whether or not the authorities decided to make them compul-
sory or extend their scope. The special schemes in question are
specified in Annex II;
(ja) “special scheme for civil servants" means any social security
scheme which is different from the general social security schemeapplicable to employed persons in the Member States concernedand to which all, or certain categories of, civil servants or personstreated as such are directly subject;
(k)social security convention means any bilateral or multilateral
instrument which binds or will bind two or more Member States
exclusively, and any other multilateral instrument which binds or
will bind at least two Member States and one or more other Statesin the field of social security, for all or part of the branches andschemes set out in Article 4 (1) and (2), together with agreements,of whatever kind, concluded pursuant to the said instruments;
(l)competent authority means, in respect of each Member State, the
Minister, Ministers or other equivalent authority responsible forsocial security schemes throughout or inan y part of the territoryof the State inquestion ;1971R1408 — EN — 01.05.2004 — 003.001 — 6
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(m)Administrative Commission means the commission referred to in
Article 80;
(n)institution means, in respect of each Member State, the body or
authority responsible for administering all or part of the legisla-tion;
(o)competent institution means:
(i) the institution with which the person concerned is insured at
the time of the applicationfor ben efit;
or
(ii) the institution from which the person concerned is entitled or
would be entitled to benefits if he or a member or membersof his family were resident in the territory of the MemberState inwhich the in stitutionis situated; or
(iii) the institution designated by the competent authority of the
member State concerned; or
(iv) inthe case of a scheme relatin g to anemployer's liability in
respect of the benefits set out in Article 4 (1), either theemployer or the insurer involved or, in default thereof, abody or authority designated by the competent authority of
the Member State concerned;
(p)institution of the place of residence andinstitution of the place of
staymeans respectively the institution which is competent to
provide benefits in the place where the person concerned residesand the institution which is competent to provide benefits in the
place where the person concerned is staying, under the legislation
administered by that institution or, where no such institutionexists, the institution designated by the competent authority ofthe Member State inquestion ;
(q)competent State means the Member State in whose territory the
competent institution is situated;
(r)periods of insurance means periods of contribution or period of
employment or self-employment as defined or recognized asperiods of insurance by the legislation under which they werecompleted or considered as completed, and all periods treated as
such, where they are regarded by the said legislationas equivalen t
to periods of insurance; ►
M3periods completed under a special
scheme for civil servants are also considered as periods ofinsurance; ◄
(s)periods of employment andperiods of self-employment means
periods so defined or recognized by the legislation under which
they were completed, and all periods treated as such, where theyare regarded by the said legislationas equivalen t to periods ofemployment or of self-employment; ►
M3periods completed
under a special scheme for civil servants are also considered asperiods of employment; ◄
(sa)periods of residence means periods as defined or recognized as
such by the legislationun der which they were completed orconsidered as completed;
(t)benefitsandpensions mean all benefits and pensions, including all
elements thereof payable out of public funds, revalorization
increases and supplementary allowances, subject to the provisions
of Title III, as also lump-sum benefits which may be paid in lieuof pensions, and payments made by way of reimbursement ofcontributions;
(u) (i) the term family benefits means all benefits in kind or in cash
intended to meet family expenses under the legislation
provided for inArticle 4 (1) (h), excludin g the special child-birth or adoption allowances referred to in Annex II;
(ii)family allowances means periodical cash benefits granted
exclusively by reference to the number and, where appro-priate, the age of members of the family;
(v)death grants means any once-for-all payment in the event of death
exclusive of the lump-sum benefits referred to in subparagraph (t).1971R1408 — EN — 01.05.2004 — 003.001 — 7
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Article 2
Personscovered
1. This Regulationshall apply to employed or self-employed person s
and to students who are or have been subject to the legislation of oneor more Member States and who are nationals of one of the MemberStates or who are stateless persons or refugees residing within the terri-tory of one of the Member States, as well as to the members of their
families and their survivors.
2. This Regulationshall apply to the survivors of employed or self-
employed persons and of students who have been subject to the legisla-tion of one or more Member States, irrespective of the nationality ofsuch persons, where their survivors are nationals of one of the MemberStates, or stateless persons or refugees residing within the territory of
one of the Member States.
Article 3
Equalityoftreatment
1. Subject to the special provisions of this Regulation, persons resi-
dent in the territory of one of the Member States to whom this
Regulation applies shall be subject to the same obligations and enjoythe same benefits under the legislation of any Member State as thenationals of the State.
2. The provisions of paragraph 1 shall apply to the right to elect
members of the organs of social security institutions or to participate
in their nomination, but shall not affect the legislative provisions of
any Member State relating to eligibility or methods of nomination ofpersons concerned to those organs.
3. Save as provided in Annex III, the provisions of social security
conventions which remain in force pursuant to Article 7 2. (c) and theprovisions of conventions concluded pursuant to Article 8 (1), shall
apply to all persons to whom this Regulation applies.
Article 4 (10)
Matterscovered
1. This Regulation shall apply to all legislation concerning the
following branches of social security:
(a) sickness and maternity benefits;
(b) invalidity benefits, including those intended for the maintenance or
improvement of earning capacity;
(c) old-age benefits;
(d) survivors' benefits;
(e) benefits in respect of accidents at work and occupational diseases;
(f) death grants;
(g) unemployment benefits;
(h) family benefits.
2. This Regulation shall apply to all general and special social
security schemes, whether contributory or non-contributory, and to
schemes concerning the liability of an employer or shipowner in
respect of the benefits referred to in paragraph 1.
2a. This Regulation shall also apply to special non-contributory
benefits which are provided under legislation or schemes other thanthose referred to inparagraph 1 or excluded by virtue of paragraph 4,where such benefits are intended:
(a) either to provide supplementary, substitute or ancillary cover
against the risks covered by the branches of social security referredto inparagraph 1 (a) to (h);
or1971R1408 — EN — 01.05.2004 — 003.001 — 8
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(b) solely as specific protectionfor the disabled.
2b. This Regulation shall not apply to the provisions in the legisla-
tion of a Member State concerning special non-contributory benefits,referred to in Annex II, Section III, the validity of which is confinedto part of its territory.
3. The provisions of Title III of this Regulation shall not, however,
affect the legislative provisions of any Member State concerning a
shipowner's liability.
4. This Regulation shall not apply to social and medical assistance,
to benefit schemes for victims of war or its consequences
►
M3 ◄.
Article 5 (10)
DeclarationsbytheMember StatesonthescopeofthisRegulation
The Member States shall specify the legislationan d schemes referred
to in Article 4 (1) and (2), the special non-contributory benefitsreferred to in Article 4 (2a), the minimum benefits referred to inArticle 50 and the benefits referred to in Articles 77 and 78 in declara-
tions to be notified and published in accordance with Article 97.
Article 6
SocialsecurityconventionsreplacedbythisRegulation.
Subject to the provisions of Articles 7, 8 and 46 (4) this Regulation
shall, as regards persons and matters which it covers, replace the provi-sions of any social security convention binding either;
(a) two or more Member States exclusively, or
(b) at least two Member States and one or more other States, where
settlement of the cases concerned does not involve any institutionof one of the latter States.
Article 7
InternationalprovisionsnotaffectedbythisRegulation
1. This Regulation shall not affect obligations arising from:
(a) any convention adopted by the International Labour Conference
which, after ratification by one or more Member States, has enteredinto force;
(b) the European Interim Agreements on Social Security of 11
December 1953 concluded between the Member States of theCouncil of Europe.
2. The provisions of Article 6 notwithstanding, the following shall
continue to apply:
(a) the provision of the Agreements of 27 July 1950 and 30 November
1979 concerning social security for Rhine boatmen;
(b) the provisions of the European Convention of 9 July 1956
concerning social security for workers in international transport;
(c) the provisions of the social security conventions listed in Annex III.
Article 8
ConclusionofconventionsbetweenMemberStates
1. Two or more Member States may, as need arises, conclude
conventions with each other based on the principles and in the spirit
of this Regulation.
2. Each Member State shall notify, in accordance with the provi-
sions of Article 97 (1), any convention concluded with anothermember State under the provisions of paragraph 1.1971R1408 — EN — 01.05.2004 — 003.001 — 9
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Article 9
Admissiontovoluntaryoroptionalcontinuedinsurance
1. The provisions of the legislation of any Member State which
make admission to voluntary or optional continued insurance condi-
tional upon residence in the territory of that State shall not apply topersons resident in the territory of another Member State, providedthat at some time intheir past workin g life they were subject to thelegislationof the first State as employed or as self-employed person s.
2. Where under the legislation of a Member State, admission to
voluntary or optional continued insurance is conditional upon comple-
tion of periods of insurance, the periods of insurance or residence
completed under the legislation of another Member State shall be takeninto account, to the extent required, as if they were completed underthe legislationof the first State.
Article 9a (7)
Prolongationofthereference period
Where, under the legislation of a Member State, recognition of entitle-
ment to a benefit is conditional upon completion of a minimum period
of insurance during a specific period preceding the contingency insured
against (reference period) and where the aforementioned legislationprovides that the periods during which the benefits have been grantedunder the legislation of that Member State or periods devoted to theupbringing of children in the territory of that Member State shall giverise to prolongation of the reference period, periods during which inva-
lidity pensions or old-age pensions or sickness benefits, unemployment
benefits or benefits for accidents at work (except for pensions) havebeen awarded under the legislation of another Member State andperiods devoted to the upbringing of children in the territory of anotherMember State shall likewise give rise to prolongation of the aforesaid
reference period.
Article 10
Waivingofresidenceclauses—Effectofcompulsoryinsuranceonreimbur-
sementofcontributions
1. Save as otherwise provided inthis Regulationin validity, old-age
or survivors' cash benefits, pension for accidents at work or occupa-tional diseases and death grants acquired under the legislation of one
or more Member States shall not be subject to any reduction, modifica-
tion, suspension, withdrawal or confiscation by reason of the fact thatthe recipient resides in the territory of a Member State other than thatin which the institution responsible for payment is situated.
The first subparagraph shall also apply to lump-sum benefits granted in
cases of remarriage of a surviving spouse who was entitled to a survi-vors' pension.
2. Where under the legislation of a Member State reimbursement of
contributions is conditional upon the person concerned having ceased
to be subject to compulsory insurance, this condition shall not beconsidered satisfied as long as the person concerned is subject tocompulsory insurance ►
M4 ◄under the legislation of
another Member State.
Article 10a (10)
Specialnon-contributorybenefits
1. Nothwithstanding the provisions of Article 10 and Title III,
persons to whom this Regulation applies shall be granted the special
non-contributory cash benefits referred to in Article 4 (2a) exclusivelyinthe territory of the Member State inwhich they reside, inaccordan cewith the legislationof that State, provided that such ben efits are listedin Annex IIa. Such benefits shall be granted by and at the expense ofthe institution of the place of residence.1971R1408 — EN — 01.05.2004 — 003.001 — 10
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2. The institution of a Member State under whose legislation entitle-
ment to benefits covered by paragraph 1 is subject to the completion ofperiods of employment, self-employment or residence shall regard, to
the extent necessary, periods of employment, self-employment or resi-
dence completed in the territory of any other Member State as periodscompleted inthe territory of the first Member State.
3. Where entitlement to a benefit covered by paragraph 1 but
granted in the form of a supplement is subject, under the legislation
of a Member State, to receipt of a benefit covered by Article 4 (1) (a)
to (h), and no such benefit is due under that legislation, any corre-sponding benefit granted under the legislation of any other MemberState shall be treated as a benefit granted under the legislation of thefirst Member State for the purposes of entitlement to the supplement.
4. Where the granting of a disability or invalidity benefit covered by
paragraph 1 is subject, under the legislation of a Member State, to thecondition that the disability or invalidity should be diagnosed for thefirst time inthe territory of that Member State, this con ditionshall bedeemed to be fulfilled where such diagnosis is made for the first timeinthe territory of an other Member State.
Article 11
Revalorizationofbenefits
Rules for revalorizationprovided by the legislationof a Member State
shall apply to benefits due under that legislation taking into account the
provisions of this Regulation.
Article 12 (9) (11)
Preventionofoverlappingofbenefits
1. This Regulation can neither confer nor maintain the right to
several benefits of the same kind for one and the same period ofcompulsory insurance. However, this provision shall not apply to bene-fits in respect of invalidity, old age, death (pensions) or occupationaldisease which are awarded by the institutions of two or more MemberStates, in accordance with the provisions of Articles 41, 43 2. and (3),
46, 50 and 51 or Article 60 (1) (b).
2. Save as otherwise provided in this Regulation, the provisions of
the legislations of a Member State governing the reduction, suspensionor withdrawal of benefits in cases of overlapping with other socialsecurity benefits or any other form of income may be invoked even
where such benefits were acquired under the legislation of another
Member State or where such income was acquired in the territory ofanother Member State.
3. The provisions of the legislation of a Member State for reduction,
suspension or withdrawal of benefit in the case of a person in receipt of
invalidity benefits or anticipatory old-age benefits pursuing a profes-
sional or trade activity may be invoked against such person eventhough he is pursuing his activity in the territory of another MemberState.
4. An invalidity pension payable under Netherlands legislation shall,
in case where the Netherlands institution is bound under the provisions
of Article 57 (5) or 60 (29) (b) to contribute also to the cost of benefitsfor occupational disease granted under the legislation of anotherMember State, be reduced by the amount payable to the institution ofthe other Member State which is responsible for granting the benefitsfor occupational disease.1971R1408 — EN — 01.05.2004 — 003.001 — 11
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TITLE II
DETERMINATIONOFTHELEGISLATIONAPPLICABLE
Article 13 (9)
General rules
1. Subject to Articles 14c and 14f, persons to whom this Regulation
applies shall be subject to the legislationof a sin gle Member State
only. That legislation shall be determined in accordance with the provi-
sions of this Title.
2. Subject to Articles 14 to 17:
(a) a personemployed inthe territory of on e Member State shall be
subject to the legislationof that State evenif he resides inthe terri-
tory of another Member State or if the registered office or place of
business of the undertaking or individual employing him is situatedinthe territory of an other Member State;
(b) a personwho is self-employed inthe territory of on e Member State
shall be subjected to the legislationof that State evenif he residesinthe territory of an other Member State;
(c) a personemployed onboard a vessel flyin g the flag of a Member
State shall be subject to the legislationof the State;
(d) civil servants and persons treated as such shall be subject to the
legislationof the Member State to which the admin istration
employing them is subject;
(e) a personcalled up or recalled for service inthe armed forces, or for
civilianservice, of a Member State shall be subject to the legisla-tion of that State. If entitlement under that legislation is subject to
the completion of periods of insurance before entry into or after
release from such military or civilian service, periods of insurancecompleted under the legislation of any other Member State shall betaken into account, to the extent necessary, as if they were periodsof insurance completed under the legislation of the first State. The
employed or self-employed personcalled up or recalled for service
inthe armed forces or for civilianservice shall retainthe status ofemployed or self-employed person;
(f) a personto whom the legislationof a Member State ceases to be
applicable, without the legislationof an other Member State
becoming applicable to him in accordance with one of the ruleslaid downinthe aforegoin g subparagraphs or inaccordan ce withone of the exceptions or special provisions laid down in Articles14 to 17 shall be subject to the legislationof the Member State inwhose territory he resides in accordance with the provisions of that
legislationalon e.
Article 14
Special rules applicable to persons, other than mariners, engaged in paid
employment
Article 13 (2) (a) shall apply subject to the following exceptions and
circumstances:
1. (a) A personemployed inthe territory of a Member State by a
undertaking to which he is normally attached who is posted bythat undertaking to the territory of another Member State to
perform work there for that undertaking shall continue to be
subject to the legislationof the first Member State, providedthat the anticipated duration of that work does not exceed 12months and that he is not sent to replace another person whohas completed his term of posting.
(b) If the duration of the work to be done extends beyond the dura-
tion originally anticipated, owing to unforeseeablecircumstances, and exceeds 12 months, the legislation of thefirst Member State shall continue to apply until the completion1971R1408 — EN — 01.05.2004 — 003.001 — 12
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of such work, provided that the competent authority of the
Member State in whose territory the person concerned is postedor the body designated by that authority gives its consent; such
consent must be requested before the end of the initial 12-month
period. Such consent cannot, however, be given for a periodexceeding 12 months.
2. A personn ormally employed inthe territory of two or more
Member States shall be subject to the legislationdetermin ed asfollows:
(a) A person who is a member of the travelling or flying personnel
of an undertaking which, for hire or reward or on its own
account, operates international transport services for passengersor goods by rail, road, air or inland waterway and has its regis-tered office or place of business in the territory of a MemberState shall be subject to the legislationof the latter State, with
the following restrictions:
(i) where the said undertaking has a branch or permanent repre-
sentation in the territory of a Member State other than that
inwhich it has its registered office or place of busin ess, a
person employed by such branch or permanent representa-tionshall be subject to the legislationof the Member Statein whose territory such branch or permanent representationis situated;
(ii) where a personis employed prin cipally inthe territory of
the Member State inwhich he resides, he shall be subject
to the legislation of that State, even if the undertaking whichemploys him has no registered office or place of business orbranch or permanent representation in that territory.
(b) A personother thanthat referred to in(a) shall be subject:
(i) to the legislationof the Member State inwhose territory he
resides, if he pursues his activity partly inthat territory or ifhe is attached to several undertakings or several employerswho have their registered offices or places of business inthe territory of different Member States;
(ii) to the legislationof the Member State inwhose territory is
situated the registered office or place of business of the
undertaking or individual employing him, if he does notreside inthe territory of an y of the Member States wherehe is pursuing his activity.
3. A personwho is employed inthe territory of on e Member State by
an undertaking which has its registered office or place of business inthe territory of another Member State and which straddles thecommonfron tier of these States shall be subject to the legislationof the Member State in whose territory the undertaking has its regis-
tered office or place of business.
Article 14a
Special rules applicable to persons, other than mariners, who are self-
employed
Article 13 (2) (b) shall apply subject to the following exceptions and
circumstances:
1. (a) A personn ormally self-employed inthe territory of a Member
State and who performs work in the territory of another MemberState shall continue to be subject to the legislation of the firstMember State, provided that the anticipated duration of the
work does not exceed 12 months.
(b) If the duration of the work to be done extends beyond the dura-
tion originally anticipated, owing to unforeseeable
circumstances, and exceeds 12 months, the legislation of the
first Member State shall continue to apply until the completionof such work, provided that the competent authority of theMember State in whose territory the person concerned hasentered to perform the work in question or the body appointedby that authority gives its consent; such consent must be1971R1408 — EN — 01.05.2004 — 003.001 — 13
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requested before the end of the initial 12-month period, Such
consent cannot, however, be given for a period exceeding 12months.
2. A personn ormally self-employed inthe territory of two or more
Member States shall be subject to the legislationof the MemberState inwhose territory he resides if he pursues an y part of hisactivity inthe territory of that Member State. If he does n ot pursue
an y activity inthe territory of the Member State inwhich he resides,
he shall be subject to the legislationof the Member State inwhoseterritory he pursue his mainactivity. The criteria used to determin ethe principal activity are laid down in the Regulation referred to inArticle 98.
3. A person who is self-employed in an undertaking which has its
registered office or place of business in the territory of one MemberState and which straddles the common frontier of two MemberStates shall be subject to the legislationof the Member State inwhose territory the undertaking has its registered office or place of
business.
4. If the legislationto which a personshould be subject inaccordan ce
with paragraph 2 or 3 does not enable that person, even on a volun-tary basis, to join a pension scheme, the person concerned shall be
subject to the legislationof the other Member State which would
apply apart from these particular provisions, or should the legisla-tions of two or more Member States apply in this way, he shall besubject to the legislation decided on by common agreement amongstthe Member States concerned or their competent authorities.
Article 14b
Specialrulesapplicationtomariners
Article 13 (2) (c) shall apply subject to the following exceptions and
circumstances:
1. A person employed by an undertaking to which he is normally
attached, either inthe territory of a Member State or onboard avessel flying the flag of a Member State, who is posted by thatundertaking on board a vessel flying the flag of another MemberState to perform work there for that undertaking shall, subject tothe conditions provided in Article 14 (1), continue to be subject to
the legislationof the first Member State.
2. A personn ormally self-employed, either inthe territory of a
Member State or onboard a vessel flyin g the flag of a MemberState and who performs work on his own account on board a vessel
flying the flag of another Member State shall, subject to the condi-
tions provided in Article 14a (1), continue to be subject to thelegislationof the first Member State.
3. A person who, while not being normally employed at sea, performs
work inthe territorial waters or ina port of a Member State ona
vessel flying the flag of another Member State within those terri-
torial waters or inthat port, but is n ot a member of the crew of thevessel, shall be subject to the legislationof the first Member State.
4. A personemployed onboard a vessel flyin g the flag of a Member
State and remunerated for such employment by an undertaking or a
personwhose registered office or place of busin ess is inthe territoryof another Member State shall be subject to the legislation of thelatter State if he is resident in the territory of that State; the under-taking or person paying the remuneration shall be considered as theemployer for the purpose of the said legislation.1971R1408 — EN — 01.05.2004 — 003.001 — 14
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Article 14c (5)
Specialrulesapplicabletopersonswhoaresimultaneouslyemployedinthe
territoryofoneMemberStateandself-employedintheterritoryofanother
Member State
A person who is simultaneously employed in the territory of one
Member State and self-employed in the territory of another Member
State shall be subject:
(a) save as otherwise provided insubparagraph (b) to the legislationof
the Member State inthe territory of which he is en gaged inpaidemployment or, where he pursues such an activity in the territoryof two or more Member States, to the legislationdetermin ed in
accordance with Article 14 (2) or (3);
(b) in the cases mentioned in Annex VII:
— to the legislationof the Member State inthe territory of which
he is engaged in paid employment, that legislation having been
determined in accordance with the provisions of Article 14 (2)
or (3), where he pursues such anactivity inthe territory of twoor more Member States,
and
— to the legislationof the Member State inthe territory of which
he is self-employed, that legislation having been determined in
accordance with Article 14a (2), (3) or (4), where he pursues
such anactivity inthe territory of two or more Member States.
Article 14d (5)
Miscellaneousprovisions
1. The personreferred to inArticle 14(2) an d (3), Article 14a(2), (3)
and (4), Article 14c(a) and Article 14e shall be treated, for the purposesof applicationof the legislationlaid downinaccordan ce with theseprovisions, as if he pursued all his professional activity or activities inthe territory of the Member State concerned.
2. The personreferred to inArticle 14c (b) shall be treated, for the
purposes of determining the rates of contributions to be charged to self-
employed workers under the legislation of the Member State in whose
territory he is self-employed, as if he pursued his paid employment inthe territory of the Member State concerned.
3. The provisions of the legislation of a Member State under which
a pensioner who is pursuing a professional or trade activity is not
subject to compulsory insurance in respect of such activity shall alsoapply to a pensioner whose pension was acquired under the legislationof another Member State, unless the person concerned expressly asks tobe so subject by applying to the institution designated by the competent
authority of the first Member State and named in Annex 10 to the
Regulationreferred to inArticle 98.
Article 14e
Special rules applicable to persons insured in a special scheme for civil
servants who are simultaneously employed and/or self-employed in the
territory ofoneormoreotherMemberStates
A person who is simultaneously employed as a civil servant or a person
treated as such and insured in a special scheme for civil servants in oneMember State and who is employed and/or self-employed in the terri-tory of one or more other Member States shall be subject to thelegislationof the Member State inwhich he is in sured ina specialscheme for civil servants.1971R1408 — EN — 01.05.2004 — 003.001 — 15
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Article 14f
Special rules applicable to civil servants simultaneously employed in more
than one Member State and insured in one of these States in a special
scheme
A personwho is simultan eously employed intwo or more Member
States as a civil servant or person treated as such and insured in at leastone of those Member States in a special scheme for civil servants shallbe subject to the legislationof each of these Member States.
Article 15
Rulesconcerningvoluntaryinsuranceoroptionalcontinuedinsurance
1. Articles 13 to 14d shall not apply to voluntary insurance or to
optional continued insurance unless, in respect of one of the branches
referred to in Article 4, there exists in any Member State only a volun-
tary scheme of insurance.
2. Where applicationof the legislation s of two or more Member
States entails overlapping of insurance:
— under a compulsory insurance scheme and one or more voluntary or
optional continued insurance schemes, the person concerned shallbe subject exclusively to the compulsory insurance scheme;
— under two or more voluntary or optional continued insurance
schemes, the person concerned may join only the voluntary or
optional continued insurance scheme for which he has opted.
3. However, in respect of invalidity, old age and death (pensions),
the person concerned may join the voluntary or optional continued
insurance scheme of a Member State, even if he is compulsorilysubject to the legislation of another Member State, to the extent thatsuch overlapping is explicitly or implicitly admitted in the firstMember State.
Article 16
Special rules regarding persons employed by diplomatic missions and
consularposts,andauxiliarystaffoftheEuropeanCommunities
1. The provisions of Article 13 (2) (a) shall apply to persons
employed by diplomatic missions and consular posts and to the privatedomestic staff of agents of such missions or posts.
2. However, employed persons covered by paragraph 1 who are
nationals of the Member State which is the accrediting or sending Statemay opt to be subject to the legislationof that State. Such right of
option may be renewed at the end of each calendar year and shall not
have retrospective effect.
3. Auxiliary staff of the EuropeanCommun ities may opt to be
subject to the legislationof the Member State inwhose territory they
are employed, to the legislationof the Member State to which theywere last subject or to the legislationof the Member State whosenationals they are, in respect of provisions other than those relating tofamily allowances, the granting of which is governed by the conditionsof employment applicable to such staff. This right of option, which
may be exercised once only, shall take effect from the date of entry
into employment.
Article 17 (9)
ExceptionstoArticles 13to16
Two or more Member States, the competent authorities of these States
or the bodies designated by these authorities may by common agree-ment provide for exceptions to the provisions of Articles 13 to 16 inthe interest of certain categories of persons or of certain persons.1971R1408 — EN — 01.05.2004 — 003.001 — 16
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Article 17a (9)
Special rules concerning recipients of pensions due under the legislation of
oneormoreMemberState
The recipient of a pension due under the legislation of a Member State
or of pensions due under the legislation of several Member States whoresides inthe territory of an other Member State may at his request beexempted from the legislationof the latter State provided that he is n otsubject to that legislationbecause of the pursuit of anoccupation .
TITLE III
SPECIALPROVISIONSRELATINGTO THE VARIOUSCATE-
GORIESOFBENEFITS
CHAPTER I
SICKNESSANDMATERNITY
Section1
Commonprovisions
Article 18
Aggregationofperiodsofinsurance,employmentorresidence
1. The competent institution of a Member State whose legislation
makes the acquisition, retention or recovery of the right to benefitsconditional upon the completion of periods of insurance, employmentor residence shall, to the extent necessary, take account of periods of
insurance, employment or residence completed under the legislation of
any other Member State as if they were periods completed under thelegislationwhich it admin isters.
2. The provisions of paragraph 1 shall apply to seasonal workers,
even in respect of periods prior to any break in insurance exceedingthe period allowed by the legislationof the competen t State, provided,however, that the person concerned has not ceased to be insured for aperiod exceeding four months.
Section2
Employedorself-employed personsandmembersoftheirfamilies
Article 19
Residence in a Member State other than the competent State — General
rules
1. Anemployed or self-employed personresidin g inthe territory of
a Member State other thanthe competen t State, who satisfies theconditions of the legislation of the competent State for entitlement tobenefits, taking account where appropriate of the provisions of Article
18, shall receive inthe State inwhich he is residen t:
(a) benefits in kind provided on behalf of the competent institution by
the institution of the place of residence in accordance with the
provisions of the legislation administered by that institution asthough he were insured with it;
(b) cash benefits provided by the competent institution in accordance
with the legislation which it administers. However, by agreement
between the competent institution and the institution of the place
of residence, such benefits may be provided by the latter institutiononbehalf of the former, inaccordan ce with the legislationof thecompetent State.
2. The provisions of paragraph 1 shall apply by analogy to members
of the family who reside inthe territory of a Member State other thanthe competent State in so far as they are not entitled to such benefitsunder the legislation of the State in whose territory they reside.1971R1408 — EN — 01.05.2004 — 003.001 — 17
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Where the members of the family reside inthe territory of a Member
State under whose legislation the right to receive benefits in kind is notsubject to condition of insurance or employment, benefits in kind
which they receive shall be considered as being on behalf of the insti-
tutionwith which the employed or self-employed personis in sured,unless the spouse or the person looking after the children pursues aprofessional or trade activity in the territory of the said Member State.
Article 20
Frontier workersandmembersoftheirfamilies—Specialrules
A frontier worker may also obtain benefits in the territory of the
competent State. Such benefits shall be provided by the competentinstitution in accordance with the provisions of the legislation of that
State, as though the person concerned where resident in that State.
Members of his family may receive benefits under the same conditions;however, receipt of such benefits shall, except in urgent cases, beconditional upon an agreement between the States concerned orbetween the competent authorities of those States or, in its absence,on prior authorization by the competent institution.
Article 21
StayinortransferofresidencetothecompetentState
1. The employed or self-employed personreferred to inArticle 19
(1) who is staying in the territory of the competent State shall receive
benefits in accordance with the provisions of the legislation of that
State as though he were resident there, even if he has already receivedbenefits for the same case of sickness or maternity before his stay.
2. Paragraph 1 shall apply by analogy to the members of the family
referred to inArticle 19 (2).
However, where the latter reside inthe territory of a Member State
other thanthe on e inwhose territory the employed or self-employed
person resides, benefits in kind shall be provided by the institution of
the place of stay on behalf of the institution of the place of residence ofthe persons concerned.
3. Paragraphs 1 and 2 shall not apply to frontier workers and the
members of their families.
4. Anemployed or self-employed personan d members of his family
referred to in Article 19 who transfer their residence to the territory of
the competent State shall receive benefits in accordance with the provi-
sions of the legislation of that State even if they have already receivedbenefits for the same case of sickness or maternity before transferringtheir residence.
Article 22
Stay outside the competent State — Return to or transfer of residence to
another Member State during sickness or maternity — Need to go to
anotherMemberStateinordertoreceive appropriatetreatment
1. Anemployed or self-employed personwho satisfies the con di-
tions of the legislation of the competent State for entitlement tobenefits, taking account where appropriate of the provisions of Article18, and:
(a) whose condition necessitates immediate benefits during a stay in
the territory of another Member State;
or
(b) who, having become entitled to benefits chargeable to the compe-
tent institution, is authorized by that institution to return to theterritory of the Member State where he resides, or to transfer hisresidence to the territory of another Member State;
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(c) who is authorized by the competent institution to go to the territory
of another Member State to receive there the treatment appropriateto his condition,
shall be entitled:
(i) to benefits in kind provided on behalf of the competent institution
by the institution of the place of stay or residence in accordance
with the provisions of the legislation which it administers, asthough he were insured with it; the length of the period duringwhich benefits are provided shall be governed, however, by thelegislationof the competen t State;
(ii) to cash benefits provided by the competent institution in accor-
dance with the provisions of the legislation which it administers.
However, by agreement between the competent institution and the
institution of the place of stay or residence, such benefits may beprovided by the latter institution on behalf of the former, in accor-dance with the provisions of the legislation of the competent State.
2. The authorizationrequired un der paragraph 1 (b) may be refused
only if it is established that movement of the person concerned would
be prejudicial to his state of health or the receipt of medical treatment.
The authorization required under paragraph 1 (c) may not be refused
where the treatment in question is among the benefits provided for bythe legislationof the Member State onwhose territory the personconcerned resided and where he cannot be given such treatment within
the time normally necessary for obtaining the treatment in question in
the Member State of residence taking account of his current state ofhealth and the probable course of the disease.
3. The provisions of paragraphs 1 and 2 shall apply by analogy to
members of the family of anemployed or self-employed person .
However, for the purpose of applying paragraph 1 (a) and (c) (i) to the
members of the family referred to inArticle 19 (2) who reside intheterritory of a Member State other thanthe on e inwhose territory theemployed or self-employed personresides:
(a) benefits in kind shall be provided on behalf of the institution of the
Member State inwhose territory the members of the family are
residing by the institution of the place of stay in accordance withthe provisions of the legislation which it administers as if theemployed or self-employed personwere in sured there. The periodduring which benefits are provided shall, however, be that laid
downun der the legislationof the Member State inwhose territory
the members of the family are residing;
(b) the authorizationrequired un der paragraph 1 (c) shall be issued by
the institution of the Member State in whose territory the members
of the family are residing.
4. The fact that the provisions of paragraph 1 apply to an employed
or self-employed person shall not affect the right to benefit of membersof his family.
Article 22a (14)
Specialrulesforcertaincategories ofpersons
Notwithstanding Article 2 of the Regulation, Article 22 (1) (a) and (c)
shall also apply to persons who are nationals of a Member State andare insured under the legislation of a Member State and to the members
of their families residing with them.
Article 22b (15)
Employment in a Member State other than the competent State — Stay in
theStateofemployment
The employed or self-employed personreferred to inArticle 13 (2) (d),
14, 14a, 14b, 14c (a) or 17, and members of the family accompanyinghim, shall benefit from the provisions of Article 22 (1) (a) for anycondition requiring benefits during a stay in the territory of the1971R1408 — EN — 01.05.2004 — 003.001 — 19
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Member State inwhich the worker is employed or whose flag the
vessel aboard which the worker is employed is flying.
Article 23(a)
Calculationofcashbenefits
1. The competent institution of a Member State whose legislationprovides that the calculationof cash ben efits shall be based onaverageearnings or on average contributions, shall determine such averageearnings or contributions exclusively by reference to earnings or contri-
butions completed under the said legislation.
2. The competent institution of a Member State whose legislation
provides that the calculation of cash benefits shall be based on standardearnings, shall take account exclusively of the standard earnings or,where appropriate, of the average of standard earnings for the periods
completed under the said legislation.
3. The competent institution of a Member State under whose legisla-
tion the amount of cash benefits varies with the number of members ofthe family, shall also take into account the members of the family ofthe person concerned who are resident in the territory of another
Member State as if they were resident in the territory of the competent
State.
Article 24
Substantialbenefitsinkind
1. Where the right of anemployed or self-employed personor a
member of his family to a prosthesis, a major appliance or othersubstantial benefits in kind has been recognized by the institution of aMember State before he becomes insured with the institution of another
Member State, the said employed or self-employed personshall receive
such benefits at the expense of the first institution, even if they aregranted after he becomes insured with the second institution.
2. The Administrative Commission shall draw up the list of benefits
to which the provisions of paragraph 1 apply.
Section3
Unemployedpersonsandmembersoftheirfamilies
Article 25
1. Anun employed personwho was formerly employed or self-
employed, to whom the provisions of Article 69 (1) or the second
sentence of Article 71 (1) (b) (ii) apply, and who satisfies the condi-tions of the legislation of the competent State for entitlement tobenefits in kind and in cash, taking account where appropriate of theprovisions of Article 18, shall receive for the period provided underArticle 69 (1) (c):
(a) benefits in kind provided on behalf of the competent institution by
the institution of the Member State in which he seeks employmentin accordance with the provisions of the legislation which the latterinstitution administers, as though he were insured with it;
(b) cash benefits provided by the competent institution in accordance
with the provisions of the legislation which it administers.However, by agreement between the competent institution and the
institution of the Member State in which the unemployed person
seeks employment, benefits may be provided by the latter institu-tion on behalf of the former institution in accordance with theprovisions of the legislation of the competent State. Unemploymentbenefits under Article 69 (1) shall not be granted for the periodduring which cash benefits are received.1971R1408 — EN — 01.05.2004 — 003.001 — 20
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2. A totally unemployed person who was formerly employed and to
whom the provisions of Article 71 (1) (a) (ii) or the first sentence ofArticle 71 (1) (b) (ii) apply, shall receive benefits in kind and in cash
in accordance with the provisions of the legislation of the Member
State inwhose territory he resides, as though he had beensubject tothat legislation during his last employment, taking account whereappropriate of the provisions of Article 18; the cost of such benefitsshall be met by the institution of the country of residence.
3. Where an unemployed person satisfies the conditions of the legis-
lationof the Member State which is respon sible for the cost of
unemployment benefits for entitlement to sickness and maternity bene-
fits, taking account where appropriate of the provisions of Article 18,the members of his family shall receive these benefits, irrespective ofthe Member State inwhose territory they reside or are stayin g. Suchbenefits shall be provided:
(i) with regard to the benefits in kind, by the institution of the place of
residence or stay in accordance with the provisions of the legisla-tion which it administers, on behalf of the competent institution of
the Member State which is responsible for the cost of unemploy-
ment benefits;
(ii) with regard to cash benefits, by the competent institution of the
Member State which is responsible for the cost of unemploymentbenefits, in accordance with the legislation which it administers.
4. Without prejudice to any provisions of the legislation of a
Member State which permit an extension of the period during which
sickness benefits may be granted, the period provided for in paragraph
1 may, in cases of force majeure, be extended by the competent institu-tionwithinthe limit fixed by the legislationadmin istered by thatinstitution.
Article 25a (12)
Contributionspayablebywhollyunemployedpersons
The institution which is responsible for granting benefits in kind and
cash benefits to the unemployed persons referred to in Article 25 (2)and which belongs to a Member State whose legislation provides fordeduction of contributions payable by unemployed persons to coversickness and maternity benefits shall be authorized to make suchdeductions in accordance with the provisions of its legislation.
Section4
Pensionclaimantsandmembersoftheir families
Article 26
Right to benefits in kind in cases of cessation of the right to benefits from
theinstitutionwhichwaslastcompetent
1. Anemployed or self-employed person , members of his family or
his survivors who, during the investigation of a claim for pension,cease to be entitled to benefits in kind under the legislation of the
Member State last competent, shall nevertheless receive such benefits
under the following conditions: benefits in kind shall be provided inaccordance with the provisions of the legislation of the Member Statein whose territory the person or persons concerned reside, provided thatthey are entitled to such benefits under that legislation or would beentitled to them under the legislation of another Member State if they
were residing in the territory of that State, taking account where appro-
priate of the provisions of Article 18.
2. A pension claimant who is entitled to benefits in kind under the
legislation of a Member State which obliges the person concerned topay sickness insurance contributions himself during the investigationof his pension claim shall cease to be entitled to benefits in kind atthe end of the second month for which he has not paid the contribu-tions due.1971R1408 — EN — 01.05.2004 — 003.001 — 21
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3. Benefits in kind provided in accordance with the provisions of
paragraph 1 shall be chargeable to the institution which has collectedcontributions in accordance with the provisions of paragraph 2; where
no contributions are payable under the provisions of paragraph 2, the
institution responsible for the cost of the benefits in kind after awardingthe pension in accordance with the provisions of Article 28 shall refundthe amount of the benefits provided to the institution of the place ofresidence.
Section5
Pensionersandmembersoftheirfamilies
Article 27
Pensions payable under the legislation of several States where there is a
righttobenefitsinthecountryofresidence
A pensioner who is entitled to draw pensions under the legislation of
two or more Member States, of which one is that of the Member State
in whose territory he resides, and who is entitled to benefits under the
legislation of the latter Member State, taking account where appro-priate of the provisions of Article 18 and Annex VI, shall, with themembers of his family, receive such benefits from the institution ofthe place of residence and at the expense of that institution as though
the person concerned were a pensioner whose pension was payable
solely under the legislation of the latter Member State.
Article 28
PensionspayableunderthelegislationofoneormoreStates,incaseswhere
thereisnorighttobenefitsinthecountryofresidence
1. A pensioner who is entitled to a pension under the legislation of
one Member State or to pensions under the legislation of two or more
Member States and who is not entitled to benefits under the legislation
of the Member State inwhose territory he resides shall n everthelessreceive such benefits for himself and for members of his family, in sofar as he would, taking account where appropriate of the provisions ofArticle 18 and Annex VI, be entitled thereto under the legislation of theMember State or of at least one of the Member States competent in
respect of pensions if he were resident in the territory of such State.
The benefits shall be provided under the following conditions:
(a) benefits in kind shall be provided on behalf of the institution
referred to inparagraph 2 by the in stitutionof the place of resi-dence as though the person concerned were a pensioner under the
legislationof the State inwhose territory he resides an d were
entitled to such benefits;
(b) cash benefits shall, where appropriate, be provided by the compe-
tent institution as determined by the rules of paragraph 2, in
accordance with the legislation which it administers. However,upon agreement between the competent institution and the institu-tion of the place of residence, such benefits may be provided by thelatter institution on behalf of the former, in accordance with the
legislationof the competen t State.
2. In the cases covered by paragraph 1, the cost of benefits in kind
shall be borne by the institution as determined according to thefollowing rules:
(a) where the pensioner is entitled to the said benefits under the legis-
lation of a single Member State, the cost shall be borne by the
competent institution of that State;
(b) where the pensioner is entitled to the said benefits under the legis-
lationof two or more Member States, the cost thereof shall beborne by the competent institution of the Member State to whoselegislation the pensioner has been subject for the longest period oftime; should the application of this rule result in several institutionsbeing responsible for the cost of benefits the cost shall be borne by1971R1408 — EN — 01.05.2004 — 003.001 — 22
▼B
the institution administering the legislation to which the pensioner
was last subject.
Article 28a
PensionspayableunderthelegislationofoneormoreoftheMemberStates
otherthanthecountryofresidencewherethereisarighttobenefitsinthe
lattercountry
Where the pensioner entitled to a pension under the legislation of one
Member State, or to pensions under the legislations of two or moreMember States, resides inthe territory of a Member State un der whose
legislation the right to receive benefits in kind is not subject to condi-
tions of insurance or employment, nor is any pension payable, the costof benefits in kind provided to him and to members of his family shallbe borne by the institution of one of the Member States competent inrespect of pensions, determined according to the rules laid down inArticle 28 (2), to the extent that the pensioner and members of his
family would have been entitled to such benefits under the legislation
administered by the said institution if they resided in the territory of theMember State where that institution is situated.
Article 29
Residence of members of the family in a Stateother thanthe one in which
the pensioner resides — Transfer of residence to the State where the
pensionerresides
1. Members of the family of a pensioner entitled to a pension under
the legislation of one Member State or to pensions under the legislationof two or more Member States who reside inthe territory of a MemberState other than the one in which the pensioner resides shall, where heis entitled to benefits under the legislation of one Member State,
receive benefits as though the pensioner were resident in the same
territory as themselves. Benefit shall be provided under the followingconditions:
(a) benefits in kind shall be provided by the institution of the place of
residence of the members of the family in accordance with theprovisions of the legislation which that institution administers, thecost being borne by the institution determined in accordance with
the provisions of Article 27 or Article 28(2); if the place of resi-
dence is situated in the competent Member State, benefits in kindshall be provided, and the cost borne, by the competent institution;
(b) cash benefits shall, where appropriate, be provided by the compe-
tent institution as determined by the provisions of Article 27 or 28
(2), in accordance with the provisions of the legislation which it
administers. However, upon agreement between the competentinstitution and the institution of the place of residence of themembers of the family, such benefits may be provided by the latterinstitution on behalf of the former, in accordance with the provi-
sions of the legislation of the competent State.
2. Members of the family referred to inparagraph 1 who tran sfer
their residence to the territory of the Member State where the pensioner
resides, shall receive:
(a) benefits in kind under the provisions of the legislation of that State,
evenif they have already received ben efits for the same case ofsickness or maternity before transferring their residence;
(b) cash benefits provided where appropriate by the competent institu-
tion determined by the provisions of Article 27 or 28 (2), in
accordance with the legislation which it administers. However,
upon agreement between the competent institution and the institu-tion of the place of residence of the pensioner, such benefits maybe provided by the latter institution on behalf of the former, inaccordance with the provisions of the legislation of the competentState.1971R1408 — EN — 01.05.2004 — 003.001 — 23
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Article 30
Substantialbenefitsinkind
The provisions of Article 24 shall apply by analogy to pensioners.
Article 31
Stay of the pensioner and/or members of his family in a State other than
theStateinwhichtheyreside
A pensioner entitled to a pension or pensions under the legislation of
one Member State or to pensions under the legislation of two or moreMember States who is entitled to benefits under the legislation of one
of those States shall, with members of his family who are staying in the
territory of a Member State other thanthe on e inwhich they reside,receive:
(a) benefits in kind provided by the institution of the place of stay in
accordance with the provisions of the legislation which it adminis-
ters, the cost being borne by ►
M2the institution of the place of
residence of the pensioner or the members of his family ◄;
(b) cash benefits provided, where appropriate, by the competent institu-
tion as determined by the provisions of Article 27 or 28 (2), inaccordance with the provisions of the legislation which it adminis-ters. However, upon agreement between the competent institutionand the institution of the place of stay, these benefits may be
provided by the latter institution on behalf of the former, in accor-
dance with the provisions of the legislation of the competent State.
Article 32 (15)
.....
Article 33 (7)
Contributionspayablebypensioners
1. The institution of a Member State which is responsible for
payment of a pension and which administers legislation providing fordeductions from pensions in respect of contributions for sickness andmaternity shall be authorized to make such deductions, calculated inaccordance with the legislation concerned, from the pension payable
by such institution, to the extent that the cost of the benefits under
Article 27, 28, 28a, 29, 31 and 32 is to be borne by an institution ofthe said Member State.
2. Where, inthe cases referred to inArticle 28a, the acquisitionof
benefits in respect of sickness and maternity is subject to the payment
of contributions or similar payments under the legislation of a Member
State in whose territory the pensioner in question resides, by virtue ofsuch residence, these contributions shall not be payable.
Article 34
Generalprovisions
1. For the purposes of Articles 28, 28a, 29 and 31, a pensioner who
is in receipt of two or more pensions due under the legislation of a
single Member State shall be regarded as a pensioner entitled to draw
a pension under the legislation of one Member State, within themeaning of these provisions.
2. Articles 27 to 33 shall not apply to a pensioner or to members of
his family who are entitled to benefits under the legislation of a
Member State as a result of pursuing a professional or trade activity.In such a case, the person concerned shall, for the purposes of theimplementation of this chapter, be considered as an employed or self-employed personor as a member of anemployed or self-employedperson's family.1971R1408 — EN — 01.05.2004 — 003.001 — 24
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Section5a
Persons who study or receive vocational training and members of
their families
Article 34a
Specialprovisionsforstudentsandmembersoftheirfamilies
The provisions of Article 18, Article 19, Article 22(1)(a) and (c), the
second subparagraph of Article 22(2), Article 22(3), Article 23, Article24 and of Sections 6 and 7 shall apply by analogy to students and to
members of their families, as appropriate.
Article 34b
Commonprovisions
A person, as referred to in Article 22(1) and (3) and in Article 34a,
who stays ina Member State other thanthe competen t State to studythere or receive vocational training leading to a qualification officiallyrecognised by the authorities of a Member State, and the members ofhis family accompanying him during his stay, shall be covered by the
provisions of Article 22(1)(a) for any conditions necessitating benefits
during the stay in the territory of the Member State where such personis studying or in training.
Section6
Miscellaneous provisions
Article 35
Scheme applicable where there are a number of schemes in the country of
residence or stay — Previous illness — Maximum period during which
benefitsaregranted
1. Subject to paragraph 2, where the legislationof the coun try of
stay or residence contains several sickness or maternity insuranceschemes, the provisions applicable under Article 19, 21 (1), 22, 25,
26, 28 (1), 29 (1) or 31 shall be those of the scheme covering manual
workers inthe steel in dustry. Where, however, the said legislationincludes a special scheme for workers in mines and similar undertak-ings, the provisions of such scheme shall apply to that category ofworkers and members of their families provided the institution of the
place of stay or residence to which application is made is competent
to administer such scheme.
2. Where the legislation of the country of stay or residence includes
one or more special schemes, covering all or most occupational cate-
gories of self-employed persons, which grant benefits in kind lessfavourable than those granted to employed persons, the provisionsapplicable to the person concerned and the members of his familypursuant to Articles 19 (1) (a) and (2), 22 (1) (under (i)) and (3), 28(1) (a) and 31 (a) shall be those of the scheme or schemes determined
by the implementing Regulation referred to in Article 98:
(a) where, in the competent State, the person concerned is insured
under a special scheme for self-employed persons which also grants
less favourable benefits in kind than those granted to employed
person,
or
(b) where a person in receipt of one or more pensions is, under the
pensions legislation of the competent Member State or MemberStates, entitled only to the benefits in kind provided for by aspecial scheme for self-employed persons which also grants less
favourable benefits in kind than those granted to employed persons.
3. Where, under the legislation of a Member State, the granting of
benefits is conditional upon the origin of the illness, that conditions1971R1408 — EN — 01.05.2004 — 003.001 — 25
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▼B
►M4shall not apply to persons ◄to whom this Regulationapplies,
regardless of the Member State inwhose territory they reside.
4. Where the legislationof a Member State fixes a maximum period
for the granting of benefits, the institution which administers that legis-lation may, where appropriate, take account of the period during whichthe benefits have already been provided by the institution of another
Member State for the same case of sickness or maternity.
Section7
Reimbursementbetweeninstitutions
Article 36 (15)
1. Benefits in kind provided in accordance with the provisions of
this chapter by the institution of one Member State on behalf of the
institution of another Member State shall be fully refunded.
2. The refunds referred to in paragraph 1 shall be determined and
made inaccordan ce with the procedure provided for by the imple-menting Regulation referred to in Article 98, either on production of
proof of actual expenditure or on the basis of lump-sum payments.
In the latter case, the lump-sum payments shall be such as to ensure
that the refund is as close as possible to actual expenditure.
3. Two or more Member States, or the competent authorities of
those States, may provide for other methods of reimbursement or maywaive all reimbursement between institutions under their jurisdiction.
CHAPTER 2 (11)
INVALIDITY
Section1
Employed personsor self-employed personssubjectonlytolegisla-
tion under which the amount of invalidity benefits its independent
ofthedurationoftheperiodsofinsurance
Article 37 (11)
Generalprovisions
1. Anemployed personor a self-employed personwho has been
successively or alternately subject to the legislation of two or more
Member States and who has completed periods of insurance exclu-sively under legislation according to which the amount of invaliditybenefits is independent of the duration of periods of insurance shallreceive benefits in accordance with Article 39. This Article shall not
affect pension increases or supplements in respect of children, granted
inaccordan ce with Chapter 8.
2. Annex VI, part A, lists legislations of the kind mentioned in para-
graph 1 which are inforce inthe territory of each of the Member
States concerned.
Article 38 (11)
Consideration of periods of insurance or of residence completed under the
legislation to which an employed person or a self-employed person was
subjectfortheacquisition,retentionorrecovery oftherighttobenefits
1. Where the legislationof a Member State makes the acquisition ,
retention or recovery of the right to benefits, under a scheme which is
not a special scheme within the meaning of paragraph 2 or 3, subject to
the completion of periods of insurance or of residence, the competentinstitution of that Member State shall take account, where necessary, ofthe periods of insurance or of residence completed under the legislationof any other Member State, be it under a general scheme or under aspecial scheme and either as an employed person or as a self-employed1971R1408 — EN — 01.05.2004 — 003.001 — 26
▼B
person. For that purpose, it shall take account of these periods as if
they had been completed under its own legislation.
2. Where the legislation of a Member State makes the granting of
certain benefits conditional upon the periods of insurance having been
completed only in a occupation which is subject to a special scheme
for employed persons or, where appropriate, in a specific employment,periods completed under the legislation of other Member States shallbe taken into account for the granting of these benefits only ifcompleted under a corresponding scheme or, failing that, in the same
occupationor, where appropriate, inthe same employmen t.
If, account having been taken of the periods thus completed, the person
concerned does not satisfy the conditions for receipt of these benefits,
these periods shall be taken into account for the granting of the benefitsunder the general scheme or, failing that, under the scheme applicableto manual or clerical workers, as the case may be, subject to the condi-tion that the person concerned has been affiliated to one or other of
these schemes.
3. Where the legislation of a Member State makes the granting of
certain benefits conditional upon the period of insurance having beencompleted only in a occupation subject to a special scheme for self-employed persons, periods completed under the legislation of otherMember States shall be taken into account for the granting of thesebenefits only if completed under a corresponding scheme or, failing
that, inthe same occupation . The special schemes for self-employed
persons referred to in this paragraph are listed in Annex IV, part B,for each Member State concerned.
If, account having been taken of the periods thus completed, the person
concerned does not satisfy the conditions for receipt of these benefits,these periods shall be taken into account for the granting of the benefitsunder the general scheme or, failing that, under the scheme applicable
to manual or clerical workers, as the case may be, subject to the condi-
tion that the person concerned has been affiliated to one or other ofthese schemes.
Article 39 (11)(14)
Awardofbenefits
1. The institution of a Member State whose legislation was applic-
able at the time when incapacity for work followed by invalidityoccurred shall determine, in accordance with that legislation, whether
the person concerned satisfies the conditions for entitlement to benefits,
taking account, where appropriate, of Article 38.
2. A person who satisfies the conditions referred to in paragraph 1
shall receive the benefits only from the said institution, in accordancewith the provisions of the legislation which it administers.
3. A person who is not entitled to benefits under paragraph 1 shall
receive the benefits to which he is still entitled under the legislation ofanother Member State taking account, where appropriate, of Article 38.
4. If the legislationreferred to inparagraph 2 or 3 provides that the
amount of the benefits shall be determined taking into account the exis-
tence of members of the family other than the children, the competentinstitution shall also take into consideration those members of thefamily of the person concerned who are residing in the territory ofanother Member State, as if they were residing in the territory of thecompetent State.
5. If the legislationreferred to inparagraph 2 or 3 lays downprovi-
sions for the reduction, suspension or withdrawal of benefits in the case
of overlapping with other income or with benefits of a different kindwithin the meaning of Article 461 (2), Article 46a (3) and Article 46c(5) shall apply mutatis mutandis .
6. A wholly unemployed employee to whom Article 71 (1) (a) (ii)
or the first sentence of Article 71 (1) (b) (ii) applies shall receive theinvalidity benefits provided by the competent institution of the Member1971R1408 — EN — 01.05.2004 — 003.001 — 27
▼B
State inwhose territory he resides, inaccordan ce with the legislation
which it administers, as though he had been subject to that legislationduring his last employment, account being taken, where appropriate, of
Article 38 and/or Article 25 (2). The institution of the country of resi-
dence shall be responsible for paying these benefits.
Where that institution applies legislation providing for deduction of
contributions payable by unemployed persons to cover invalidity bene-fits, it shall be authorized to make such deductions in accordance withthe provisions of its legislation.
If the legislation which that institution administers provides for the
calculation of benefits to be based on wages or salaries, the institution
shall take into account the wages or salaries received in the last countryof employment and in the country of residence in accordance with thelegislation which it administers. Where no wage or salary has beenreceived in the country of residence, the competent institution shallrefer, as necessary and in accordance with the rules laid down in its
legislation, to the salaries received in the last country of employment.
Section2
Employed persons or self-employed persons subject either only to
legislation under which the amount of invalidity benefit dependsonthe durationofperiods ofinsuranceor residence or thelegisla-
tionofthistypeandofthetypereferred toinSection1
Article 40 (11)
Generalprovisions
1. Anemployed personor a self-employed personwho has been
successively or alternately subject to the legislation of two or more
Member States, of which at least one is not of the type referred to in
Article 37 (1), shall receive benefits under the provisions of Chapter 3,which shall apply mutatis mutandis , taking into account the provisions
of paragraph 4.
2. However, anemployed or self-employed personwho suffers in ca-
pacity for work leading to invalidity while subject to a legislation listed
in Annex IV, part A, shall receive benefits in accordance with the
provisions of Article 37 (1) on the following conditions:
— that he satisfies the conditions of that legislation or other legisla-
tions of the same type, taking account where appropriate of Article38, but without having recourse to periods of insurance completed
under legislations not listed in Annex IV, part A, and
— that he does not satisfy the conditions required for the acquisition of
the right to invalidity benefits under a legislation not listed in
Annex IV, part A, and
— that he does not assert any claims to old-age benefits, account being
taken of the second sentence of Article 44 (2).
3. (a) For the purpose of determining the right to benefits under the
legislation of a Member State, listed in Annex IV, part A, whichmakes the granting of invalidity benefits conditional upon theperson concerned having received cash sickness benefits orhaving been incapable or work during a specified period, where
anemployed personor a self-employed personwho has been
subject to that legislation suffers incapacity for work leading toinvalidity while subject to the legislation of another MemberState, account shall be taken of the following, without prejudiceto Article 37 (1):
(i) any period during which, in respect of that incapacity for
work, he has, under the legislation of the second MemberState, received cash sickness benefits, or, in lieu thereof,continued to receive a wage or salary;
(ii) any period during which, in respect of the invalidity which
followed that incapacity for work, he has received benefitswithin the meaning of this Chapter 2 and of Chapter 3 that1971R1408 — EN — 01.05.2004 — 003.001 — 28
▼B
follows, of the Regulation granted in respect of invalidity
under the legislation of the second Member State.
as if it were a period during which cash sickness benefits were
paid to him under the legislation of the first Member State orduring which he was incapable or working within the meaning
of that legislation.
(b) The right to invalidity benefits under the legislation of the first
Member State shall be acquired either uponexpiry of the preli-
minary period of compensation for sickness, as required by that
legislation, or upon expiry of the preliminary period of incapa-city of work as required by that legislation, but not before:
(i) the date of acquisition of the right to invalidity benefits
referred to insubparagraph (a) (ii) un der the legislationofthe second Member State,
or
(ii) the day following the last day on which the person
concerned is entitled to cash sickness benefits under the
legislationof the secon d Member State.
4. A decision taken by an institution of a Member State concerning
the degree of invalidity of a claimant shall be binding on the institutionof any other Member State concerned, provided that the concordancebetween the legislation of these States on conditions relating to the
degree of invalidity is acknowledged in Annex V.
Section3
Aggravationofinvalidity
Article 41 (11)
1. Inthe case of aggravationof anin validity for which anemployed
person or a self-employed person is receiving benefits under the legis-lation of a single Member State, the following provisions shall apply:
(a) if the person concerned has not been subject to the legislation of
another Member State since receiving benefits, the competent insti-
tution of the first State shall grant the benefits, taking the
aggravation into account, in accordance with the provisions of thelegislationwhich it admin isters;
(b) if the person concerned has been subject to the legislation of one or
more of the other Member States since receiving benefits, the bene-fits shall be granted to him, taking the aggravation into account, inaccordance with Article 37 (1) or 40 (1) or (2), as appropriate;
(c) if the total number of the benefit or benefits payable under subpar-
agraph (b) is lower than the amount of the benefit which the personconcerned was receiving at the expense of the institution previouslyliable for payment, such institution shall pay him a supplement
equal to the difference between the two amounts;
(d) if, inthe case referred to insubparagraph (b), the in stitution
responsible for the initial incapacity is a Dutch institution, and if:
(i) the illness which caused the aggravation is the same as the one
which gave rise to the granting of benefits under Dutch legis-lation,
(ii) this illness is an occupational disease within the meaning of
the legislationof the Member State to which the personconcerned was last subject and entitles him to payment of thesupplement referred to in Article 60 (1) (b), and
(iii) the legislation or legislations to which the person concerned
has been subject since receiving benefits is or are listed in
Annex IV, part A,
the Dutch institution shall continue to provide the initial benefit
after the aggravation occurs, and the benefit due under the legisla-tion of the last Member State to which the person concerned wassubject shall be reduced by the amount of the Dutch benefit;1971R1408 — EN — 01.05.2004 — 003.001 — 29
▼B
(e) if, in the case referred to in subparagraph (b), the person concerned
is not entitled to benefits at the expense of an institution of anotherMember State, the competent institution of the first State shall
grant the benefits, according to the provisions of the legislation of
the State, taking into account the aggravation and, where appro-priate, Article 38.
2. Inthe case of aggravationof anin validity for which anemployed
person or a self-employed person is receiving benefits under the legis-lation of two or more Member States, the benefits shall be granted tohim, taking the aggravation into account, in accordance with Article 40(1).
Section4
Resumptionofprovisionofbenefitsaftersuspensionorwithdrawal
— Conversion of invalidity benefits into old-age benefits — Recal-
culationofbenefitsgrantedunderArticle 39
Article 42 (11)
Determination of the institution responsible for the provision of benefits
whereprovisionofinvaliditybenefitsisresumed
1. If provision of benefits is to be resumed after suspension, such
provisionshall, without prejudice to Article 43, be the respon sibilityof the institution or institutions which were responsible for provisionof the benefits at the time of their suspension.
2. If, after withdrawal of benefits, the condition of the person
concerned warrants the granting of further benefits, they shall begranted in accordance with Article 37 (1) or Article 40 (1) or (2), asappropriate.
Article 43 (11)
Conversion of invalidity benefits into old-age benefits — Recalculation of
benefitsgrantedunderArticle39
1. Invalidity benefits shall be converted into old-age benefits, where
appropriate, under the condition laid down by the legislation or legisla-
tions under which they were granted, and in accordance with Chapter
3.
2. Where a person receiving invalidity benefits can establish a claim
to old-age benefits under the legislation of one or more Member States,
in accordance with Article 49, any institution which is responsible for
providing invalidity benefits under the legislation of a Member Stateshall continue to provide such a person with the invalidity benefits towhich he is entitled under the legislation which it administers until theprovisions of paragraph 1 become applicable as regards that institution
or so long as the person concerned fulfils the conditions for such bene-
fits.
3. Where invalidity benefits granted in accordance with Article 39
under the legislation of a Member State are converted into old-age
benefits and where the person concerned does not yet satisfy the condi-
tions required by one or more national legislations to receive thesebenefits, the person concerned shall receive, from this or these MemberStates, from the date of the conversion, invalidity benefits granted inaccordance with Chapter 3 as if that Chapter had been applicable at
the time when his incapacity for work leading to invalidity occurred,
until the person concerned satisfies the qualifying conditions for old-age benefit laid down by the national legislations concerned or, wheresuch conversion is not provided for, as long as he has a right to inva-lidity benefits under the legislation or legislations concerned.
4. The invalidity benefits provided under Article 39 shall be recalcu-
lated pursuant to Chapter 3 as soon as the beneficiary satisfies thequalifying conditions for invalidity benefits laid down by a legislationnot listed in Annex IV, part A, or as soon as he receives old-age bene-fits under the legislation of another Member State.1971R1408 — EN — 01.05.2004 — 003.001 — 30
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Section5
Personscoveredbyaspecialschemeforcivilservants
Article 43a
1. The provisions of Articles 37, 38(1), 39 and Sections 2, 3 and 4
shall apply by analogy to persons covered by a special scheme for civilservants.
2. However, if the legislationof a Member State makes the acquisi-
tion, liquidation, retention or recovery of the rights to benefits under aspecial scheme for civil servants subject to the condition that allperiods of insurance have been completed under one or more special
schemes for civil servants in that Member State, or are regarded by
the legislationof that Member State as equivalen t to such periods,account shall be taken only of the periods which can be recognisedunder the legislation in that Member State.
If, account having been taken of the periods thus completed, the person
concerned does not satisfy the conditions for the receipt of these bene-
fits, these periods shall be taken into account for the granting of thebenefits under the general scheme or, failing that, the scheme applic-able to manual or clerical workers, as the case may be.
3. Where, under the legislation of a Member State, benefits are
calculated onthe basis of the last salary or salaries received durin g areference period, the competent institution of that State shall take intoaccount for the purposes of the calculation only those salaries, dulyrevalued, received during the period or periods for which the personconcerned was subject to that legislation.
CHAPTER 3 (11)
OLDAGEANDDEATH(PENSIONS)
Article 44 (11)
General provisions for the award of benefits where an employed or self-
employedpersonhasbeensubjecttothelegislationoftwoormoreMember
States
1. The rights to benefits of an employed or self-employed person
who has beensubject to the legislationof two or more Member States,
or of his survivors, shall be determined in accordance with the provi-sions of this Chapter.
2. Save as otherwise provided inArticle 49, the processin g of a
claim for an award submitted by the person concerned shall have
regard to all the legislations to which the employed or self-employedpersonhas beensubject. Exceptionshall be made to this rule if theperson concerned expressly asks for postponement of the award ofold-age benefits to which he would be entitled under the legislation ofone or more Member States.
3. This chapter shall not apply to increases in or supplements to
pensions in respect of children or to orphans' pensions to be granted
in accordance with the provisions of Chapter 8.
Article 45 (11) (14)
Consideration of periods of insurance or of residence completed under the
legislations to which an employed person or self-employed person was
subject,fortheacquisition,retentionorrecovery oftherighttobenefits
1. Where the legislationof a Member State makes the acquisition ,
retention or recovery of the right to benefits, under a scheme which isnot a special scheme within the meaning of paragraph 2 or 3, subject tothe completion of periods of insurance or of residence, the competentinstitution of that Member State shall take account, where necessary, ofthe periods of insurance or of residence completed under the legislation1971R1408 — EN — 01.05.2004 — 003.001 — 31
▼B
▼M5
▼B
▼B
of any other Member State, be it under a general scheme or under a
special scheme and either as an employed person or a self-employedperson. For that purpose, it shall take account of these periods as if
they had completed under its own legislation.
2. Where the legislation of a Member State makes the granting of
certain benefits conditional upon the periods of insurance having beencompleted only in an occupation which is subject to a special schemefor employed persons or, where appropriate, in a specific employment,
periods completed under the legislation of other Member States shall
be taken into account for the granting of these benefits only ifcompleted under a corresponding scheme or, failing that, in the sameoccupation or, where appropriate, in the same employment. If, accounthaving been taken of the periods thus completed, the person concerneddoes not satisfy the conditions for receipt of these benefits, these
periods shall be taken into account for the granting of the benefits
under the general scheme or, failing that, under the scheme applicableto manual or clerical workers, as the case may be, subject to the condi-tionthat the personhas beenaffiliated to on e or other of theseschemes.
3. Where the legislation of a Member State makes the granting of
certain benefits conditional upon the periods of insurance having been
completed only in an occupation subject to a special scheme for self-employed persons, periods completed under the legislations of otherMember States shall be taken into account for the granting of thesebenefits only if completed under a corresponding scheme or, failing
that, inthe same occupation . The special schemes for self-employed
persons referred to in this paragraph are listed in Annex IV, part B,for each Member State concerned. If, account having been taken ofthe periods referred to in this paragraph, the person concerned doesnot satisfy the conditions for receipt of these benefits, these periodsshall be taken into account for the granting of the benefits under the
general scheme or, failing this, under the scheme applicable to manual
or clerical workers, as the case may be, subject to the condition that theperson concerned has been affiliated to one or other of these schemes.
4. The periods of insurance completed under a special scheme of a
Member State shall be taken into account under the general scheme or,
failing that, under the scheme applicable to manual or clerical workers,
as the case may be, of another Member State for the acquisition, reten-tion or recovery of the right to benefits, subject to the condition thatthe person concerned has been affiliated to one or other of theseschemes, evenif these periods have already beentakenin to accoun tinthe latter State un der a scheme referred to inparagraph 2 or inthe
first sentence of paragraph 3.
5. Where the legislationof a Member State makes the acquisition ,
retention or recovery of the right to benefits conditional upon theperson concerned being insured at the time of the materialization ofthe risk, this condition shall be regarded as having been satisfied inthe case of insurance under the legislation of another Member State,
in accordance with the procedures provided in Annex VI for each
Member State concerned.
6. A period of full employment of a worker to whom Article 81 (1)
(a) (ii) or (b) (ii), first sentence, applies shall be taken into account bythe competent institution of the Member State in whose territory the
worker concerned resides in accordance with the legislation adminis-
tered by that institution, as if that legislation applied to him during hislast employment.
Where that institution applies legislation providing for deduction of
contributions payable by unemployed persons to cover old age pensionsand death, it shall be authorized to make such deductions in accordance
with the provisions of its legislation.
If the period of full unemployment in the country of residence of the
person concerned can be taken into account only if contribution periodshave been completed in that country, this condition shall be deemed tobe fulfilled if the contribution periods have been completed in anotherMember State.1971R1408 — EN — 01.05.2004 — 003.001 — 32
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Article 46 (11)
Awardofbenefits
1. Where the conditions required by the legislation of a Member
State for entitlement to benefits have been satisfied without having toapply Article 45 or Article 40 (3), the following rules shall apply:
(a) the competent institution shall calculate the amount of the benefit
that would be due:
(i) on the one hand, only under the provisions of the legislation
which it administers;
(ii) on the other hand, pursuant to paragraph 2;
b) the competent institution may, however, waive the calculation to be
carried out inaccordan ce with (a) (ii) if the result of this calcula-tion, apart from differences arising from the use of round figures, isequal to or lower thanthe result of the calculationcarried out inaccordance with (a) (i), in so far as that institution does not applyany legislation containing rules against overlapping as referred to in
Articles 46b and 46c or if the aforementioned institution applies a
legislation containing rules against overlapping in the case referredto inArticle 46c, provided that the said legislationlays downthatbenefits of a different kind shall be taken into consideration only onthe basis of the relation of the periods of insurance or of residence
completed under that legislation alone to the periods of insurance
or of residence required by that legislation in order to qualify forfull benefit entitlement.
Annex IV, part C, lists for each Member State concerned the cases
where the two calculations would lead to a result of this kind.
2. Where the conditions required by the legislation of a Member
State for entitlement to benefits are satisfied only after application ofArticle 45 and or Article 40 (3), the following rules shall apply:
(a) the competent institution shall calculate the theoretical amount of
the benefit to which the person concerned could lay claim provided
all periods of insurance and/or of residence, which have been
completed under the legislation of the Member States to which theemployed personor self-employed personwas subject, have beencompleted inthe State inquestionun der the legislationwhich itadministers on the date of the award of the benefit. If, under thislegislation, the amount of the benefit is independent of the duration
of the periods completed, the amount shall be regarded as being the
theoretical amount referred to in this paragraph;
(b) the competent institution shall subsequently determine the actual
amount of the benefit on the basis of the theoretical amountreferred to in the preceding paragraph in accordance with the ratio
of the duration of the periods of insurance or of residence
completed before the materializationof the risk un der the legisla-tionwhich it admin isters to the total durationof the periods ofinsurance and of residence completed before the materialization ofthe risk under the legislations of all the Member States concerned.
3. The person concerned shall be entitled to the highest amount
calculated in accordance with paragraphs 1 and 2 from the competentinstitution of each Member State without prejudice to any application
of the provisions concerning reduction, suspension or withdrawal
provided for by the legislation under which this benefit is due.
Where that is the case, the comparisonto be carried out shall relate to
the amounts determined after the application of the said provisions.
4. When, in the case of invalidity, old-age or survivor's pensions, the
total of the benefits due from the competent institutions of two or moreMember States under the provisions of a multilateral social securityconvention referred to in Article 6 (b) does not exceed the total whichwould be due from such Member States under paragraphs 1 to 3, theperson concerned shall benefit from the provisions of this Chapter.1971R1408 — EN — 01.05.2004 — 003.001 — 33
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Article 46a (11)
General provisions relating to reduction, suspension or withdrawal applic-
able to benefits in respect of invalidity, old age or survivors under the
legislationsoftheMember States
1. For the purposes of the Chapter, overlapping of benefits of the
same kind shall have the following meaning: all overlapping of benefits
in respect of invalidity, old age and survivors calculated or provided on
the basis of periods of insurance and/or residence completed by oneand the same person.
2. For the purposes of this Chapter, overlapping of benefits of
different kinds means all overlapping of benefits that cannot beregarded as being of the same kind within the meaning of paragraph 1.
3. The following rules shall be applicable for the application of
provisions on reduction, suspension or withdrawal laid down by the
legislation of a Member State in the case of overlapping of a benefit
in respect of invalidity, old age or survivors with a benefit of thesame kind or a benefit of a different kind or with other income:
(a) account shall be taken of the benefits acquired under the legislation
of another Member State or of other income acquired in anotherMember State only where the legislation of the first Member Stateprovides for the taking into account of benefits or income acquired
abroad;
(b) account shall be taken of the amount of benefits to be granted by
another Member State before deductions of taxes, social securitycontributions and other individual levies or deductions;
(c) no account shall be taken of the amount of benefits acquired under
the legislationof an other Member State which are awarded onthebasis of voluntary insurance or continued optional insurance;
(d) where provisions on reduction, suspension or withdrawal are
applicable under the legislation of only one Member State on
account of the fact that the person concerned receives benefits of
a similar or different kind payable under the legislation of otherMember States or other income acquired within the territory ofother Member States, the benefit payable under the legislation ofthe first Member State may be reduced only within the limit of
the amount of the benefits payable under the legislation or the
income acquired within the territory of other Member States.
Article 46b (11)
Special provisions applicable in the case of overlapping of benefits of the
samekindunderthelegislationoftwoormoreMember States
1. The provisions on reduction, suspension or withdrawal laid down
by the legislation of a Member State shall not be applicable to a benefitcalculated inaccordan ce with Article 46 (2).
2. The provisions on reduction, suspension or withdrawal laid down
by the legislationof a Member State shall apply to a ben efit calculated
in accordance with Article 46 (1) (a) (i) only if the benefit concernedis:
(a) either a benefit, which is referred to in Annex IV, part D, the
amount of which does not depend on the length of the periods ofinsurance of residence completed,
or
(b) a benefit, the amount of which is determined on the basis of a cred-
ited period deemed to have beencompleted betweenthe date onwhich the risk materialized and a later date. In the latter case, thesaid provisions shall apply in the case of overlapping of such a
benefit:
(i) either with a benefit of the same kind, except where an agree-
ment has been concluded between two or more Member Statesproviding that one and the same credited period may not betaken into account two or more times;1971R1408 — EN — 01.05.2004 — 003.001 — 34
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(ii) or with a benefit of the type referred to in (a).
The benefits referred to in (a) and (b) and agreements are mentioned in
Annex IV, part D.
Article 46c (11)
Special provisions applicable in the case of overlapping of one or more
benefits referred to in Article 46a (1) with one or more benefits of a
different kind or with other income, where two or more Member States
areconcerned
1. If the receipt of benefits of a different kind or other income
entails the reduction, suspension or withdrawal of two or more benefits
referred to in Article 46 (1) (a) (i), the amounts which would not bepaid in strict application of the provisions concerning reduction,suspension or withdrawal provided for by the legislation of theMember States concerned shall be divided by the number of benefitssubject to reduction, suspension or withdrawal.
2. Where the ben efit inquestionis calculated inaccordan ce with
Article 46 (2), the benefit or benefits of a different kind from otherMember States or other income and all other elements provided for bythe legislationof the Member State for the applicationof the provision sin the respect of reduction, suspension or withdrawal shall be takeninto account in proportion to the periods of insurance and/or residence
referred to inArticle 46 (2) (b), an d shall be used for the calculationof
the said benefit.
3. If the receipt of benefits of a different kind or of other income
entails the reduction, suspension or withdrawal of one or more benefitsreferred to in Article 46 (1) (a) (i), and of one or more benefits referredto inArticle 46 (2), the followin g rules shall apply:
(a) where in a case of a benefit or benefits referred to in Article 46 (1)
(a) (i), the amounts which would not be paid in strict application ofthe provisions concerning reduction, suspension or withdrawalprovided for by the legislation of the Member States concernedshall be divided by the number of benefits subject to reduction,
suspension or withdrawal;
(b) where in a case of a benefit or benefits calculated in accordance
with Article 46 (2), the reductionsuspen sionor withdrawal shallbe carried out inaccordan ce with paragraph 2.
4. Where, inthe case referred to inparagraphs 1 an d 3 (a), the legis-
lationof a Member State provides that, for the applicationof
provisions concerning reduction, suspension or withdrawal, accountshall be taken of benefits of a different kind and/or other income andall other elements in proportion to the periods of insurance referred toinArticle 46 (2) (b), the divisionprovided for inthe said paragraphs
shall not apply in respect of that Member State.
5. All the abovementioned provisions shall apply mutatis mutandis
where the legislationof on e or more Member States provides that theright to a benefit cannot be acquired in the case where the personconcerned is in receipt of a benefit of a different kind, payable underthe legislation of another Member State, or of other income.
Article 47 (11)
Additionalprovisionsforthecalculationofbenefits
1. For the calculation of the theoretical and pro rata amounts
referred to inArticle 46 (2), the followin g rules shall apply:
(a) where the total length of the periods of insurance and of residence
completed before the risk materialized under the legislations of all
the Member States concerned is longer than the maximum period
required by the legislationof on e of these States for receipt of fullbenefit, the competent institution of that State shall take intoconsideration this maximum period instead of the total length ofthe periods completed; this method of calculationmust n ot resultin the imposition on that institution of the cost of a benefit greater1971R1408 — EN — 01.05.2004 — 003.001 — 35
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than the full benefit provided for by the legislation which it admin-
isters. This provisions shall not apply to benefits, the amount ofwhich does not depend on the length of insurance;
(b) the procedure for taking account of overlapping periods is laid
down in the implementing Regulation referred to in Article 98;
(c) where, under the legislation of a Member State, benefits are calcu-
lated on the basis of average earnings, an average contribution, an
average increase or on the relation which existed, during theperiods of insurance, between the claimant's gross earnings andthe average gross earnings of all insured persons other than appren-tices, such average figures or relations shall be determined by the
competent institution of that State solely on the basis of the periods
of insurance completed under the legislation of the said State, orthe gross earnings received by the person concerned during thoseperiods only;
(d) where, under the legislation of a Member State, benefits are calcu-
lated on the basis of the amount of earnings, contributions orincreases, the competent institution of the State shall determinethe earnings, contributions and increases to be taken into account
in respect of the periods of insurance or residence completed under
the legislationof other Member States onthe basis of the averageearnings, contributions or increases recorded in respect of theperiods of insurance completed under the legislation which itadministers;
(e) where, under the legislation of a Member State, benefits are calcu-
lated on the basis of standard earnings or a fixed amount, the
competent institutions of that State shall consider the standard earn-
ings or the fixed amount to be taken into account by it in respect ofperiods of insurance or residence completed under the legislationsof other Member States as being equal to the standard earnings orfixed amount or, where appropriate, to the average of the standard
earnings or the fixed amount corresponding to the periods of insur-
ance completed under the legislation which it administers;
(f) where, under the legislation of a Member State, benefits are calcu-
lated for some periods on the basis of the amount of earnings and,for other periods, on the basis of standard earnings or a fixedamount, the competent institution of that State shall, in respect ofperiods of insurance or residence completed under the legislationsof other Member States, take into account the earnings or fixed
amounts determined in accordance with the provisions referred to
in (d) or (e) or, as appropriate, the average of these earnings orfixed amounts, where benefits are calculated on the basis of stan-dard earnings or a fixed amount for all the periods completedunder the legislation which it administers, the competent institution
shall consider the earnings to be taken into account in respect of
the periods of insurance or residence completed under the legisla-tions of other Member States as being equal to the nationalearnings corresponding to the standard earnings or fixed amounts;
(g) where, under the legislation of a Member State, benefits are calcu-
lated on the basis of average contributions, the competentinstitution shall determine that average by reference only to those
periods of insurance completed under the legislation of the said
State.
2. The provisions of the legislation of a Member State concerning
the revalorization of the factors taken into account for the calculation
of benefits shall apply, as appropriate, to the factors to be taken into
account by the competent institution of that state, in accordance withparagraph 1, in respect of the periods of insurance or residencecompleted under the legislation of other Member States.
3. If, under the legislation of a Member State, the amount of bene-
fits is determined taking into account the existence of members of thefamily other than children, the competent institution of that State shallalso take into consideration those members of the family of the personconcerned who are residing in the territory of another Member State asif they were residing in the territory of the competent State.1971R1408 — EN — 01.05.2004 — 003.001 — 36
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4. If the legislation which the competent institution of a Member
State administers requires a salary to be taken into account for thecalculation of benefits, where the first and second subparagraphs of
Article 45 (6) have been applied, and if, in this Member State, only
periods of full unemployment with benefit in accordance with Article71 (1) (a) (ii) or the first sentence of Article 71 (1) (b) (ii) are takeninto consideration for the payment of pensions, the competent institu-tionof that Member State shall pay the pen siononthe basis of the
salary it used as the reference for providing that unemployment benefit
in accordance with the legislation which it administers.
Article 48 (11)
Periodsofinsuranceorofresidence oflessthanoneyear
1. Notwithstanding Article 46 (2), the institution of a Member State
shall not be required to award benefits in respect of periods completed
under the legislation it administers which are taken into account when
the risk materializes, if:
— the duration of the said periods does not amount to one year,
and
— taking only these periods into consideration, no right to benefit is
acquired by virtue of the provisions of that legislation.
2. The competent institution of each of the Member States
concerned shall take into account the periods referred to in paragraph1, for the purposes of applying Article 46 (2) excepting subparagraph(b).
3. If the effect of applying paragraph 1 would be to relieve all the
institutions of the Member States concerned of their obligations, bene-
fits shall be awarded exclusively under the legislation of the last of
those States whose conditions are satisfied, as if all the periods ofinsurance and residence completed and taken into account in accor-dance with Article 45 (1) to (4) had been completed under thelegislationof that State.
Article 49 (11) (15)
Calculationofbenefitswherethepersonconcerneddoesnotsimultaneously
satisfy the conditions laid down by all the legislations under which periods
ofinsuranceorofresidence havebeencompletedorwhenhehasexpressly
requestedapostponementoftheawardofold-agebenefits
1. If, at a given time, the person concerned does not satisfy the
conditions laid down for the provisions of benefits by all the legisla-
tions of the Member States to which he has been subject, taking into
account where appropriate Article 45 and/or Article 40 (3), but satisfiesthe conditions or one or more of them only, the following provisionsshall apply:
(a) each of the competent institutions administering a legislation whose
conditions are satisfied shall calculate the amount of the benefitdue, inaccordan ce with Article 46;
(b) however:
(i) if the person concerned satisfies the conditions of at least two
legislations without having recourse to periods of insurance orresidence completed under the legislations whose conditionsare not satisfied, these periods shall not be taken into accountfor the purposes of Article 46 (2) unless taking account of thesaid periods makes it possible to determine a higher amount of
benefit;
(ii) if the person concerned satisfies the conditions of one legisla-
tion only without having recourse to periods of insurance or
residence completed under the legislations whose conditions
are not satisfied, the amount of the benefit due shall, in accor-dance with Article 46 (1) (a) (i), be calculated only inaccordance with the provisions of the legislation whose condi-tions are satisfied, taking account of the periods completedunder that legislation only, unless taking account of the periods1971R1408 — EN — 01.05.2004 — 003.001 — 37
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completed under the legislations whose conditions are not satis-
fied makes it possible, inaccordan ce with Article 46 (1) (a)(ii), to determine a higher amount of benefit.
The provisions of this paragraph shall apply mutatis mutandis where
the person concerned has expressly requested the postponement of theaward of old-age benefits, in accordance with the second sentence ofArticle 44 (2).
2. The benefit or benefits awarded under one or more of the legisla-
tion s inquestion , inthe case referred to inparagraph 1, shall berecalculated automatically in accordance with Article 46, as and when
the conditions required by one or more of the other legislations to
which the person concerned has been subject are satisfied, taking intoaccount, where appropriate, Article 45 and taking into account onceagain, where appropriate, paragraph 1. This paragraph shall applymutatis mutandis where a personrequests the award of old-age ben efits
acquired under the legislation of one or more Member States which had
until than been postponed in accordance with the second sentence ofArticle 44 (2).
3. A recalculationshall automatically be made inaccordan ce with
paragraph 1, without prejudice to Article 40 (2), where the conditionsrequired by one or more of the legislations concerned are no longersatisfied.
Article 50 (11)
Awardofasupplementwhere the total ofbenefitspayableunderthe legis-
lationsofthevariousMemberStatesdoesnotamounttotheminimumlaid
downbythelegislationoftheStateinwhoseterritory therecipient resides
A recipient of benefits to whom this Chapter applies may not, in the
State in whose territory he resides and under whose legislation abenefit is payable to him, be awarded a benefit which is less than theminimum benefit fixed by that legislation for a period of insurance orresidence equal to all the periods of insurance or residence equal to all
the periods of insurance taken into account for the payment in accor-
dance with the preceding Articles. The competent institution of thatState shall, if necessary, pay him throughout the period of his residencein its territory a supplement equal to the difference between the total ofthe benefits payable under this Chapter and the amount of theminimum benefit.
Article 51 (11)
Revalorization andrecalculation ofbenefits
1. If, by reason of an increase in the cost of living or changes in the
level of wages or salaries or other reasons for adjustment, the benefitsof the States concerned are altered by a fixed percentage or amount,such percentage or amount must be applied directly to the benefitsdetermined under Article 46, without the need for a recalculation in
accordance with that Article.
2. On the other hand, if the method of determining benefits or the
rules for calculating benefits should be altered, a recalculation shall becarried out inaccordan ce with Article 46.
Article 51a
Personscovered byaspecialschemeforcivil servants
1. The provisions of Article 44, Article 45(1), (5) and (6) and Arti-
cles 46 to 51 shall apply by analogy to persons covered by a special
scheme for civil servants.
2. However, if the legislationof a Member State makes the acquisi-
tion, liquidation, retention or recovery of the rights to benefits under aspecial scheme for civil servants subject to the condition that allperiods of insurance have been completed under one or more specialschemes for civil servants in that Member State, or are regarded by1971R1408 — EN — 01.05.2004 — 003.001 — 38
▼M3
▼M3
the legislationof that Member State as equivalen t to such periods,
account shall be taken only of the periods which can be recognisedunder the legislation in that Member State.
If, account having been taken of the periods thus completed, the person
concerned does not satisfy the conditions for the receipt of these bene-fits, these periods shall be taken into account for the granting of the
benefits under the general scheme or, failing that, the scheme applic-
able to manual or clerical workers, as the case may be.
3. Where, under the legislation of a Member State, benefits are
calculated onthe basis of the last salary or salaries received durin g a
reference period, the competent institution of that State shall take intoaccount for the purposes of the calculation only those salaries, dulyrevalued, received during the period or periods for which the personconcerned was subject to that legislation.
CHAPTER 4
ACCIDENTSATWORKANDOCCUPATIONALDISEASES
Section1
Righttobenefits
Article 52
Residence in a Member State other than the competent State — General
rules
An employed or self-employed person who sustains an accident at
work or contracts an occupational disease, and who is residing in theterritory of a Member State other thanthe competen t State, shallreceive inthe State inwhich he is residin g:
(a) benefits in kind, provided on behalf of the competent institution by
the institutions of his place of residence in accordance with theprovisions of the legislation which it administers as if he wereinsured with it;
(b) cash benefits provided by the competent institution in accordance
with the provisions of the legislation which it administers.
However, by agreement between the competent institution and theinstitution of the place of residence, these benefits may be providedby the latter institution on behalf of the former in accordance withthe legislationof the competen t State.
Article 53
Frontier workers—Specialrule
A frontier worker may also obtain benefits in the territory of the
competent State. Such benefits shall be provided by the competentinstitution in accordance with the provisions of the legislation of that
State, as if the person concerned were residing there.
Article 54
StayinortransferofresidencetothecompetentState
1. Anemployed or self-employed personcovered by Article 52 who
is staying in the territory of the competent State shall receive benefits
in accordance with the provisions of the legislation of that State, evenif he has already received benefits before his stay. This provision shallnot, however, apply to frontier workers.
2. Anemployed or self-employed personcovered by Article 52 who
transfers his place of residence to the territory of the competent Stateshall receive benefits in accordance with the provisions of the legisla-tionof that State, evenif he has already received ben efits beforetransferring his residence.1971R1408 — EN — 01.05.2004 — 003.001 — 39
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Article 55
Stay outside the competent State — Return to or transfer of residence to
another Member Stateafter sustaininganaccident or contracting anoccu-
pationaldisease—NeedtogotoanotherMemberStateinordertoreceive
appropriatetreatment
1. An employed or self-employed person who sustains an accident at
work or contracts an occupational disease and:
(a) who is staying in the territory of a Member State other than the
competent State;
or
(b) who, after having become entitled to benefits chargeable to the
competent institution, is authorized by that institution to return tothe territory of the Member State where he is resident, or to
transfer his place of residence to the territory of another Member
State;
or
(c) who is authorized by the competent institution to go to the territory
of another Member State in order to receive there the treatmentappropriate to his condition;
shall be entitled:
(i) to benefits in kind provided on behalf of the competent institution
by the institution of the place of stay or residence in accordance
with the provisions of the legislation administered by that institu-
tion as though he were insured with it, the period during whichbenefits are provided shall, however, be governed by the legislationof the competent State;
(ii) to cash benefits provided by the competent institution in accor-
dance with the legislation which it administers. However, byagreement between the competent institution and the institution of
the place of say or residence, those benefits may be provided by
the latter institution on behalf of the former institution, in accor-dance with the legislation of the competent State.
2. The authorizationrequired un der paragraph 1 (b) may be refused
only if it is established that movement of the person concerned would
be prejudicial to his state of health or to the medical treatment being
given.
The authorization required under paragraph 1 (c) may not be refused
where the treatment in question cannot be given to the personconcerned in the territory of the Member State in which he resides.
Article 56
Accidentswhiletravelling
An accident while travelling which occurs in the territory of a Member
State other thanthe competen t State shall be deemed to have occurredinthe territory of the competen t State.
Article 57 (7)
Benefits for an occupational disease where the person concerned has been
exposedtothesameriskinseveralMemberStates
1. When a person who has contracted an occupational disease has,
under the legislation of two or more Member States, pursued anactivity which by its nature is likely to cause that disease, the benefitsthat he or his survivors may claim shall be awarded exclusively underthe legislation of the last of those States whose conditions are satisfied,
taking into account, where appropriate, paragraphs 2 to 5.
2. If, under the legislation of a Member State, the granting of bene-
fits in respect of an occupational disease is subject to the condition thatthe disease inquestionwas first diagn osed withinits territory, suchcondition shall be deemed to be satisfied if the disease was first diag-nosed in the territory of another Member State.1971R1408 — EN — 01.05.2004 — 003.001 — 40
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3. If, under the legislation of a Member State, the granting of bene-
fits in respect of an occupational disease is subject to the condition thatthe disease inquestionwas diagn osed withina specific time limit
following cessation of the last activity which was likely to cause such
a disease, the competent institution of that State, when checking thetime at which such activity was pursued, shall take into account, tothe extent necessary, similar activities pursued under the legislation ofany other Member State, as if they had been pursued under the legisla-
tionof the first State.
4. If, under the legislation of a Member State, the granting of bene-
fits in respect of an occupational disease is subject to the condition thatanactivity likely to cause the disease inquestionwas pursued for acertain length of time, the competent institution of the State shall takeinto account, to the extent necessary, periods during which suchactivity was pursued under the legislation of any other Member State,
as if it had beenpursued un der the legislationof the first State.
5. In cases of sclerogenic pneumoconiosis, the cost of cash benefits,
including pensions, shall be divided among the competent institutionsof the Member States in whose territory the person concerned pursuedanactivity likely to cause the disease. This divisionshall be carried outonthe basis of the ratio which the len gth of the periods of old-age
insurance or residence referred to in Article 45 (1) completed under
the legislationof each of the States bears to the total len gth of theperiods of old-age insurance or residence completed under the legisla-tion of all the States at the dates on which the benefits commenced.
6. The Council shall determine unanimously, on a proposal from the
Commission, the occupational diseases to which the provisions of para-graph 5 shall be extended.
Article 58
Calculationofcashbenefits
1. The competent institution of a Member State whose legislation
provides that the calculationof cash ben efits shall be based onaverageearnings shall determine such average earnings exclusively by refer-ence to earnings confirmed as having been paid during the periodscompleted under the said legislation.
2. The competent institution of a Member State whose legislation
provides that the calculation of cash benefits shall be based on standard
earnings shall take account exclusively of the standard earnings, orwhere appropriate, of the average of standard earnings for the periodscompleted under the said legislation.
3. The competent institution of a Member State whose legislation
provides that the amount of cash benefits shall vary with the numberof members in the family shall take into account also the members of
the family of the person concerned who are residing in the territory of
another Member State, as if they were residing in the territory of thecompetent State.
Article 59
Costsoftransportingapersonwhohassustainedanaccidentatworkoris
sufferingfromanoccupationaldisease
1. The competent institution of a Member State whose legislation
provides for meeting the costs of transporting a person who hassustained an accident at work or is suffering from an occupationaldisease, either to his place of residence or to a hospital, shall meetsuch costs to the corresponding place in the territory of another
Member State where the personresides, provided that that in stitution
gives prior authorization for such transport, duly taking into accountthe reasons justifying it. Such authorization shall not be required inthe case of a frontier worker.
2. The competent institution of a Member State whose legislation
provides for the costs of transporting the body of a person killed in anaccident at work to the place of burial shall, in accordance with the1971R1408 — EN — 01.05.2004 — 003.001 — 41
▼B
provisions of the legislation which it administers, meet such costs to
the corresponding place in the territory of another Member State,where the person was residing at the time of the accident.
Section2
Aggravation of an occupational disease for which the benefit has
beenawarded
Article 60 (7) (11)
1. In the event of aggravation of an occupational disease for which
anemployed or self-employed personhas received or is receivin g
benefit under the legislation of a Member State, the following rulesshall apply:
(a) if the person concerned has not, while in receipt of benefits, been
engaged in an occupation under the legislation of another MemberState likely to cause or aggravate the disease inquestion , thecompetent institution of the first Member State shall be bound tomeet the cost of the benefits under the provisions of the legislation
which it administers taking into account the aggravation;
(b) if the person concerned, while in receipt of benefits, has pursued
such an activity under the legislation of another Member State,the competent institution of the first Member State shall be boundto meet the cost of the benefits under the legislation which itadministers without taking the aggravation into account. The
competent institution of the second Member State shall grant a
supplement to the person concerned, the amount of which shall beequal to the difference between the amount of benefits due after theaggravation and the amount which would have been due prior tothe aggravation under the legislation which it administers if thedisease inquestionhad occurred un der the legislationof that
Member State;
(c) if, inthe case covered by subparagraph (b), anemployed or self-
employed person suffering from sclerogenic pneumoconiosis orfrom a disease determined under Article 57 (6) is not entitled tobenefits under the legislation of the second Member State, the
competent institution of the first Member State shall be bound to
provide benefits under the legislation which it administers, takingthe aggravation into account. The competent institution of thesecond Member State shall, however, meet the cost of the differ-ence between the amount of cash benefits, including pensions, duefrom the competent institution of the first Member State, taking the
aggravation into account, and the amount of the corresponding
benefits which were due prior to the aggravation;
(d) the provisions for reduction, suspension or withdrawal laid down
by the legislation of a Member State shall not apply to personsreceiving benefits awarded by institutions of two Member Statesinaccordan ce with subparagraph (b).
2. In the event of aggravation of an occupational disease giving rise
to the application of the provisions of Article 57 (5), the following
provisions shall apply:
(a) the competent institution which granted the benefits in accordance
with the provisions of Article 57 (1) shall be bound to provide
benefits under the legislation which it administers taking the aggra-
vation into account;
(b) the cost of cash benefits, including pensions, shall continue to be
divided between the institutions which shared the costs of formerbenefits in accordance with the provisions of Article 57 (5). Where,
however, the personhas againpursued anactivity likely to cause or
to aggravate the occupational disease in question, either under thelegislationof on e of the Member States inwhich he had alreadypursued an activity of the same nature or under the legislation ofanother Member State, the competent institution of such State shallmeet the cost of the difference between the amount of benefits due,1971R1408 — EN — 01.05.2004 — 003.001 — 42
▼B
taking account of the aggravation, and the amount of benefits due
prior to the aggravation.
Section3
Miscellaneous provisions
Article 61
Rulesfortakingintoaccountthespecialfeaturesofcertain legislations
1. If there is no insurance against accidents at work or occupational
diseases inthe territory of the Member State inwhich the person
concerned happens to be, or if such insurance exists but there is no
institution responsible for providing benefits in kind, those benefitsshall be provided by the institution of the place of stay or residenceresponsible for providing benefit in kind in the event of sickness.
2. Where the legislationof the competen t State makes wholly cost-
free benefits in kind conditional upon use of the medical service orga-nized by the employer, benefits in kind provided in the cases referred
to inArticles 52 an d 55 (1) shall be deemed to have beenprovided by
such a medical service.
3. Where the legislation of the competent State includes a scheme
relating to the obligations of the employer, benefits in kind provided
inthe case referred to inArticles 52 an d 55 (1) shall be deemed tohave been provided at the request of the competent institution.
4. Where the nature of the scheme of the competent State relating to
compensation for accidents at work is not that of compulsory insur-ance, the provision of benefits in kind shall be made directly by theemployer or by the insurer involved.
5. Where the legislationof a Member State provides expressly or by
implication that accidents at work or occupational diseases which have
occurred or have been confirmed previously shall be taken into consid-
erationinorder to assess the degree of in capacity, to establish a rightto any benefit, or to determine the amount of benefit, the competentinstitution of that Member State shall also take into consideration acci-dents at work or occupational diseases which have occurred or havebeen confirmed previously under the legislation of another Member
State as if they had occurred or had been confirmed under the legisla-
tionwhich it admin isters.
6. Where the legislationof a Member State provides expressly or by
implication that accidents at work or occupational diseases which haveoccurred or have been confirmed subsequently shall be taken intoconsideration in order to assess the degree of incapacity, to establishthe right to any benefit, or to determine the amount of such benefit,the competent institution of that Member State shall also take into
consideration accidents at work or occupational diseases which have
occurred or have been confirmed subsequently under the legislation ofanother Member State, as if they had occurred or had been confirmedunder the legislation which it administers, but only where:
(1) no compensation is due in respect of the accident at work or the
occupational disease which had occurred or had been confirmedpreviously under the legislation which it administers;
and
(2) no compensation is due by virtue of the legislation of the other
Member State under which the accident at work or the occupationaldisease occurred or was confirmed subsequently, account havingbeentakenof the provision s of paragraph 5, inrespect of that acci-dent at work or that occupational disease.1971R1408 — EN — 01.05.2004 — 003.001 — 43
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Article 62
Scheme applicable where there are several schemes in the country of stay
orresidence—Maximumdurationofbenefits
1. If the legislation of the country of stay or residence has several
insurance schemes, the provisions applicable to employed or self-employed persons covered by Article 52 or 55 (1) shall be those ofthe scheme for manual workers in the steel industry. However, if thatlegislation includes a special scheme for workers in mines and similar
undertakings, the provisions of that scheme shall apply to that category
of workers where the institution of the place of stay or residence towhich they submit their claim is competent to administer that scheme.
2. If the legislationof a Member State fixes a maximum period
during which benefits may be granted, the institution which administers
that legislation may take into account any period during which thebenefits have already been provided by the institution of anotherMember State.
Section4
Reimbursementsbetweeninstitutions
Article 63
1. The competent institution shall be obliged to reimburse the
amount of benefits in kind provided on its behalf in accordance with
the provisions of Articles 52 and 55 (1).
2. The reimbursements referred to in paragraph 1 shall be deter-
mined and made in accordance with the procedures laid down by theimplementing Regulation referred to in Article 98, on proof of actual
expenditure.
3. Two or more Member States, or the competent authorities of such
States, may provide for other methods of reimbursement or waive reim-bursement between the institutions coming under their jurisdiction.
Section5
Students
Article 63a
The provisions of Sections 1 to 4 shall apply by analogy to students.
CHAPTER 5
DEATHGRANTS
Article 64
Aggregationofperiodsofinsuranceorresidence
The competent institution of a Member State whose legislation makes
the acquisition, retention or recovery of the right to death grants subject
to the completion of periods of insurance or residence shall take
account, to the extent necessary, of periods of insurance or residencecompleted under the legislation of any other Member State as thoughthey had been completed under the legislation which it administers.
Article 65
Righttograntswhere deathoccursin,orwhere thepersonentitledresides
in,aMember StateotherthanthecompetentState
1. When an employed or self-employed person, a pensioner or a
pension claimant, or a member of his family, dies in the territory of aMember State other thanthe competen t State, the death shall bedeemed to have occurred inthe territory of the competen t State.1971R1408 — EN — 01.05.2004 — 003.001 — 44
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2. The competent institution shall be obliged to award death grants
payable under the legislation which it administers, even if the personentitled resides in the territory of a Member State other than the
competent State.
3. The provisions of paragraphs 1 and 2 shall also apply when the
death is the result of an accident at work or an occupational disease.
Article 66
Provision of benefits in the event of the death of a pensioner who had
residedinaMemberStateotherthantheonewhoseinstitutionwasrespon-
sibleforprovidingbenefitsinkind
In the event of the death of a pensioner who was entitled to a pension
under the legislation of one Member State, or to pensions under thelegislations of two or more Member States, when such pensioner was
residing in the territory of a Member State other than the one whose
institution was responsible for providing him with benefits in kindunder the provisions of Article 28, the death grants payable under thelegislation administered by that institution shall be provided by thatinstitution at its own expense as though the pensioner had been residing
inthe territory of the Member State of that in stitutionat the time of his
death.
The provisions of the preceding paragraph shall apply by analogy to
the members of the family of a pensioner.
Article 66a
Students
The provisions of Articles 64 to 66 shall apply by analogy to students
and the members of their family.
CHAPTER 6
UNEMPLOYMENTBENEFITS
Section1
Commonprovisions
Article 67
Aggregationofperiodsofinsuranceoremployment
1. The competent institution of a Member State whose legislation
makes the acquisition, retention or recovery of the right to benefitssubject to the completion of periods of insurance shall take into
account, to the extent necessary, periods of insurance or employment
completed as an employed person under the legislation of any otherMember State, as though they were periods of insurance completedunder the legislation which it administers, provided, however, that theperiods of employment would have been counted as periods of insur-
ance had they been completed under that legislation.
2. The competent institution of a Member State whose legislation
makes the acquisition, retention or recovery of the right to benefits
subject to the completion of periods of employment shall take into
account, to the extent necessary, periods of insurance or employmentcompleted as an employed person under the legislation of any otherMember State, as though they were periods of employment completedunder the legislation which it administers.
3. Except inthe cases referred to inArticle 71 (1) (a) (ii) an d (b)
(ii), application of the provisions of paragraphs 1 and 2 shall be subject
to the condition that the person concerned should have completed
lastly:
— in the case of paragraph 1, periods of insurance,
— inthe case of paragraph 2, periods of employmen t,1971R1408 — EN — 01.05.2004 — 003.001 — 45
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in accordance with the provisions of the legislation under which the
benefits are claimed.
4. Where the length of the period during which benefits may be
granted depends on the length of periods of insurance or employment,
the provisions of paragraph 1 or 2 shall apply, as appropriate.
Article 68
Calculationofbenefits
1. The competent institution of a Member State whose legislation
provides that the calculation of benefits should be based on the amount
of the previous wage or salary shall take into account exclusively the
wage or salary received by the person concerned in respect of his lastemployment in the territory of that State. However, if the personconcerned had been in his last employment in that territory for lessthanfour weeks, the ben efits shall be calculated onthe basis of thenormal wage or salary corresponding, in the place where the unem-
ployed person is residing or staying, to an equivalent or similar
employment to his last employment in the territory of another MemberState.
2. The competent institution of a Member State whose legislation
provides that the amount of benefits varies with the number ofmembers of the family, shall take into account also members of the
family of the person concerned who are residing in the territory of
another Member State, as though they were residing in the territory ofthe competent State. This provision shall not apply if, in the country ofresidence of the members of the family, another person is entitled tounemployment benefits for the calculation of which the members of
the family are taken into consideration.
Section2
Unemployed persons going to a Member State other than the
competentState
Article 69
Conditionsandlimitsfortheretentionoftherighttobenefits
1. Anemployed or self-employed personwho is wholly un employed
and who satisfies the conditions of the legislation of a Member State
for entitlement to benefits and who goes to one or more other Member
States in order to seek employment there shall retain his entitlement tosuch benefits under the following conditions and within the followinglimits:
(a) Before his departure, he must have beenregistered as a person
seeking work and have remained available to the employment
services of the competent State for at least four weeks after
becoming unemployed, However, the competent services or institu-tions may authorize his departure before such time has expired.
(b) He must register as a person seeking work with the employment
services of each of the Member States to which he goes and be
subject to the control procedure organized therein. This conditionshall be considered satisfied for the period before registration ifthe person concerned registered within seven days of the datewhenhe ceased to be available to the employmen t services of the
State he left. In exceptional cases, this period may be extended by
the competent services or institutions.
(c) Entitlement to benefits shall continue for a maximum period of
three months from the date when the person concerned ceased to
be available to the employment services of the State which he
left, provided that the total duration of the benefits does not exceedthe duration of the period of benefits he was entitled to under thelegislationof that State. Inthe case of a season al worker such dura-tion shall, moreover, be limited to the period remaining until theend of the season for which he was engaged.1971R1408 — EN — 01.05.2004 — 003.001 — 46
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2. If the person concerned returns to the competent State before the
expiry of the period during which he is entitled to benefits under theprovisions of paragraph 1 (c), he shall continue to be entitled to bene-
fits under the legislation of that State; he shall lose all entitlement to
benefits under the legislation of the competent State if he does notreturnthere before the expiry of that period. Inexception al cases, thistime limit may be extended by the competent services or institutions.
3. The provisions of paragraph 1 may be invoked only once between
two periods of employment.
4. Where the competent State is Belgium, an unemployed person
who returns there after the expiry of the three month period laid down
in paragraph 1 (c), shall not requalify for benefits in that country until
he has beenemployed there for at least three mon ths.
Article 70
Provisionofbenefitsandreimbursements
1. Inthe cases referred to inArticle 69 (1), ben efits shall be
provided by the institution of each of the States to which an unem-ployed persongoes to seek employmen t.
The competent institution of the Member State to whose legislation an
employed or self-employed personwas subject at the time of his lastemployment shall be obliged to reimburse the amount of such benefits.
2. The reimbursements referred to in paragraph 1 shall be deter-
mined and made in accordance with the procedure laid down by the
implementing Regulation referred to in Article 98, on proof of actualexpenditure, or by lump sum payments.
3. Two or more Member States, or the competent authorities of
those States, may provide for other methods of reimbursement orpayment, or may waive all reimbursement between the institutionscoming under their jurisdiction.
Section3
Unemployed persons who, during their last employment, were
residinginaMember StateotherthanthecompetentState
Article 71
1. An unemployed person who was formerly employed and who,
during his last employment, was residing in the territory of a MemberState other than the competent State shall receive benefits in accor-dance with the following provisions:
(a) (i) A frontier worker who is partially or intermittently unemployed
in the undertaking which employs him, shall receive benefits in
accordance with the provisions of the legislation of the compe-tent State as if he were residing in the territory of that State;these benefits shall be provided by the competent institution.
(ii) A frontier worker who is wholly unemployed shall receive
benefits in accordance with the provisions of the legislation ofthe Member State inwhose territory he resides as though hehad beensubject to that legislationwhile last employed; these
benefits shall be provided by the institution of the place of resi-
dence at its own expense.
(b) (i) An employed person, other than a frontier worker, who is
partially, intermittently or wholly unemployed and whoremains available to his employer or to the employment
services inthe territory of the competen t State shall receive
benefits in accordance with the provisions of the legislation ofthat State as though he were residing in its territory; thesebenefits shall be provided by the competent institution.
(ii) An employed person, other than a frontier worker, who is
wholly unemployed and who makes himself available forwork to the employment services in the territory of theMember State inwhich he resides, or who return s to that terri-1971R1408 — EN — 01.05.2004 — 003.001 — 47
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tory, shall receive benefits in accordance with the legislation of
that State as if he had last beenemployed there; the in stitutionof the place of residence shall provide such benefits at its own
expense. However, if such an employed person has become
entitled to benefits at the expense of the competent institutionof the Member State to whose legislationhe was last subject,he shall receive benefits under the provisions of Article 69.Receipt of benefits under the legislation of the State in which
he resides shall be suspended for any period during which the
unemployed person may, under the provisions of Article 69,make a claim for benefits under the legislation to which hewas last subject.
2. An unemployed person may not claim benefits under the legisla-
tionof the Member State inwhose territory he resides while he isentitled to benefits under the provisions of paragraph 1 (a) (i) or (b) (i).
Section4
Personscoveredbyaspecialschemeforcivilservants
Article 71a
1. The provisions of Sections 1 and 2 shall apply by analogy to
persons covered by a special unemployment scheme for civil servants.
2. The provisions of Section 3 shall not apply to persons covered by
a special unemployment scheme for civil servants. An unemployed
person who is covered by a special unemployment scheme for civilservants, who is partially or wholly unemployed, and who, during hislast employment, was residing in the territory of a Member State otherthan the competent State, shall receive benefits in accordance with theprovisions of the legislation of the competent State as if he were
residing in the territory of that State; these benefits shall be provided
by the competent institution, at its expense.
CHAPTER 7 (8)
FAMILYBENEFITS
Article 72 (8)
Aggregationofperiodsofinsurance,employmentorself-employment
Where the legislationof a Member State makes acquisitionof the right
to benefits conditional upon completion of periods of insurance,employment or self-employment, the competent institution of that Stateshall take into account for this purpose, to the extent necessary, periodsof insurance, employment or self-employment completed in any other
Member State, as if they were periods completed under the legislation
which it administers.
Article 72a (9) (14)
Employedpersonswhohavebecomefullyunemployed
An employed person who has become fully unemployed and to whom
Article 71 (1) (a) (ii) or (b) (ii), first sentence, apply shall, for themembers of his family residing in the territory of the same Member
State as he, receive family benefits in accordance with the legislation
of the State, as if he had beensubject to that legislationdurin g hislast employment, taking account, where appropriate, of the provisionsof Article 72. These benefits shall be provided by, and at the expenseof, the institution of the place of residence.
Where that institution applies legislation providing for deduction of
contributions payable by unemployed persons to cover family benefits,it shall be authorized to make such deductions in accordance with theprovisions of its legislation.1971R1408 — EN — 01.05.2004 — 003.001 — 48
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Article 73 (8)
Employedorself-employedpersonsthemembersofwhosefamiliesresidein
aMemberStateotherthanthecompetentState
Anemployed or self-employed personsubject to the legislationof a
Member State shall be entitled, in respect of the members of his familywho are residing in another Member State, to the family benefitsprovided for by the legislationof the former State, as if they wereresiding in that State, subject to the provisions of Annex VI.
Article 74 (8)
Unemployed persons the members of whose families reside in a Member
StateotherthanthecompetentState
Anun employed personwho was formerly employed or self-employed
and who draws unemployment benefits under the legislation of a
Member State shall be entitled, in respect of the members of his family
residing in another Member State, to the family benefits provided forby the legislationof the former State, as if they were residin g inthatState, subject to the provisions of Annex VI.
Article 75 (8)
Provisionsofbenefits
1. Family benefits shall be provided, in the cases referred to in
Article 73, by the competent institution of the State to the legislationof which the employed or self-employed personis subject an d, inthecases referred to in Article 74, by the competent institution of the Stateunder the legislation of which an unemployed person who wasformerly employed or self-employed receives unemployment benefits.
They shall be provided in accordance with the provisions administered
by such institutions, whether or not the natural or legal person to whomsuch benefits are payable is residing or staying in the territory of thecompetent State or in that of another Member State.
2. However, if the family benefits are not used by the person to
whom they should be provided for the maintenance of the members ofthe family, the competent institution shall discharge its legal obliga-tions by providing the said benefits to the natural or legal personactually maintaining the members of the family, at the request of, andthrough the agency of, the institution of their place of residence or of
the designated institution or body appointed for this purpose by the
competent authority of the country of their residence.
3. Two or more Member States may agree, inaccordan ce with the
provisions of Article 8, that the competent institution shall provide the
family benefits due under the legislation of those States or of one of
those States to the natural or legal person actually maintaining themembers of the family, either directly or through the agency of theinstitution of their place of residence.
Article 76 (8)
Rules or priority in cases of overlapping entitlement to family benefits
under the legislation of the competent State and under the legislation of
theMember Stateofresidence ofthemembersofthefamily
1. Where, during the same period, for the same family member and
by reason of carrying on an occupation, family benefits are provided
for by the legislationof the Member State inwhose territory themembers of the family are residing, entitlement to the family benefitsdue in accordance with the legislation of another Member State, ifappropriate under Article 73 or 74, shall be suspended up to theamount provided for in the legislation of the first Member State.
2. If an application for benefits is not made in the Member States in
whose territory the members of the family are residing, the competentinstitution of the other Member State may apply the provisions of para-graph 1 as if benefits were granted in the first Member State.1971R1408 — EN — 01.05.2004 — 003.001 — 49
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Article 76a
Students
The provisions of Article 72 shall apply by analogy to students.
CHAPTER 8
BENEFITSFORDEPENDENTCHILDRENOFPENSIONERSANDFOR
ORPHANS
Article 77
Dependentchildrenofpensioners
1. The term ‘benefits’, for the purposes of this Article, shall mean
family allowances for persons receiving pensions for old age, invalidityor an accident at work or occupational disease, and increases or supple-ments to such pensions in respect of the children of such pensioners,with the exception of supplements granted under insurance schemes
for accidents at work and occupational diseases.
2. Benefits shall be granted in accordance with the following rules,
irrespective of the Member State in whose territory the pensioner or the
childrenare residin g:
(a) to a pensioner who draws a pension under the legislation of one
Member State only, in accordance with the legislation of the
Member State responsible for the pension;
(b) to a pensioner who draws pensions under the legislation of more
thanon e Member State:
(i) inaccordan ce with the legislationof whichever of these States
he resides in provided that, taking into account, where appro-priate, the provisions of Article 79 (1) (a), a right to one of thebenefits referred to in paragraph 1 is acquired under the legisla-
tionof that State;
or
ii) inother cases inaccordan ce with the legislationof the Member
State to which he has beensubject for the lon gest period of
time, provided that, taking into account, where appropriate, theprovisions of Article 79 (1) (a), a right to one of the benefitsreferred to in paragraph 1 is acquired under such legislation; ifno right to benefit is acquired under that legislation, the condi-tions for the acquisition of such right under the legislations of
the other Member States concerned shall be examined in
decreasing order of the length of periods of insurance or resi-dence completed under the legislation of those Member States.
Article 78
Orphans
1. The term ‘benefits’, for the purposes of this Article, means family
allowances and, where appropriate, supplementary or special allow-ances for orphans.
2. Orphans' benefits shall be granted in accordance with the
following rules, irrespective of the Member State in whose territorythe orphan or the natural or legal person actually maintaining him isresident:
(a) for the orphanof a deceased employed or self-employed person
who was subject to the legislation of one Member State only inaccordance with the legislation of that State;
(b) for the orphanof a deceased employed or self-employed person
who was subject to the legislationof several Member States:
(i) inaccordan ce with the legislationof the Member State in
whose territory the orphan resides provided that, taking into1971R1408 — EN — 01.05.2004 — 003.001 — 50
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account, where appropriate, the provisions of Article 79 (1) (a),
a right to one of the benefits referred to in paragraph 1 isacquired under the legislation of that State;
(ii) inother cases inaccordan ce with the legislationof the Member
State to which the deceased had beensubject for the lon gest
period of time, provided that, taking into account, where appro-priate, the provisions of Article 79 (1) (a), the right to one ofthe benefits referred to in paragraph 1 is acquired under thelegislation of that State; if no right is acquired under that legis-
lation, the conditions for the acquisition of such right under the
legislations of the other Member States shall be examined indecreasing order of the length of periods of insurance or resi-dence completed under the legislation of those Member States.
However, the legislationof the Member State applicable inrespect of
provisions of the benefits referred to in Article 77 for a pensioner's
children shall remain applicable after the death of the said pensioner
in respect of the provisions of the benefits to his orphans.
Article 78a
Orphans' pensions, except those granted under insurance schemes for
accidents at work and occupational diseases, shall be treated as ‘bene-
fits’ withinthe scope of Article 78(1) if the deceased was at an y time
covered by a scheme which provides only family allowances or supple-mentary or special allowances for orphans. These schemes are listed inAnnex VIII.
Article 79 (7)
Provisionscommontobenefitsfordependentchildrenofpensionersandfor
orphans
1. Benefits, within the meaning of Articles ►M577, 78 and
78a◄, shall be provided in accordance with the legislation determined
by applying the provisions of those Articles by the institution respon-sible for administering such legislation and at its expense as if thepensioner or the deceased had been subject only to the legislation of
the competent State.
However:
(a) if that legislation provides that the acquisition, retention or
recovery of the right to benefits shall be dependent on the lengthof periods of insurance, employment, self-employment or residencesuch length shall be determined taking into account, where appro-
priate, the provisions of Article 45 or, as the case may be, Article
72;
(b) if that legislation provides that the amount of benefits shall be
calculated on the basis of the amount of the pension, or shall
depend on the length of periods of insurance the amount of thesebenefits shall be calculated on the basis of the theoretical amountdetermined in accordance with the provisions of Article 46 (2).
2. Ina case where the effect of applyin g the rule laid downinArti-
cles 77 (2) (b) (ii) and 78 (2) (b) (ii) would be to make several Member
States competent, the length of the periods being equal, benefits within
the meaning of Article ►
M577, 78 or 78a ◄, as the case may be,
shall be granted in accordance with the legislation of the MemberStates to which the pensioner or the deceased was last subject.
3. The right to benefits due only under the national legislation or
under the provisions of paragraph 2 and under Articles ►
M577, 78
and 78a ◄shall be suspended if the children become entitled to
family benefits or family allowances under the legislation of a MemberState by virtue of the pursuit of a professional or trade activity. In sucha case, the persons concerned shall be considered as members of thefamily of anemployed or self-employed person .1971R1408 — EN — 01.05.2004 — 003.001 — 51
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Article 79a
Provisions relating to benefits for orphans entitled to benefits under a
specialschemeforcivil servants
1. Notwithstanding the provisions of ►M5Article 78a ◄, orphans'
pensions drawn under a special scheme for civil servants shall becalculated in accordance with the provisions of Chapter 3.
2. Where, ina case provided for inparagraph 1, periods of in sur-
ance, employment, self-employment or residence have also beencompleted under a general scheme, then benefits due under that generalscheme shall be paid in accordance with the provisions of Chapter 8
►
M5unless otherwise provided for in Article 44(3) ◄. Periods of
insurance, self-employment or employment completed in accordancewith the legislationof a special scheme for civil servan ts or periodswhich are regarded by the legislationof that Member State as equiva-lent to such periods, shall, where appropriate, be taken into account forthe acquisition, retention or recovery of the rights to benefit in accor-
dance with the legislation of that general scheme.
TITLE IV
ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY
FORMIGRANTWORKERS
Article 80
Compositionandworkingmethods
1. There shall be attached to the CommissionanAdmin istrative
Commission on Social Security for Migrant Workers (hereinafter called‘the Administrative Commission’) made up of a government represen-
tative of each of the Member States, assisted, where necessary, by
expert advisers. A representative of the Commission shall attend themeetings of the Administrative Commission in an advisory capacity.
2. The Administrative Commission shall be assisted in technical
matters by the International Labour Office under the terms of theagreements concluded to that end between the European Communityand the International Labour Organization.
3. The rules of the Administrative Commission shall be drawn up by
mutual agreement among its members.
Decisions on questions of interpretation referred to in Article 81 (a)
shall be unanimous. They shall be given the necessary publicity.
4. Secretarial services shall be provided for the Administrative
Commissionby the Commission .
Article 81
TasksoftheAdministrativeCommission
The Administrative Commission shall have the following duties:
(a) to deal with all administrative questions and questions of interpre-
tation arising from the provisions of this Regulation and subsequentRegulations, or from any agreement or arrangement concludedthereunder, without prejudice to the right of the authorities, institu-
tions and persons concerned to have recourse to the procedures and
tribunals provided for by the legislations of Member States, by thisRegulationor by the Treaty;
(b) to carry out all translations of documents relating to the implemen-
tationof this Regulationat the request of the competen t authorities,
institutions and tribunals of the Member States, and in particular
translations of claims submitted by persons who may be entitledto benefit under the provisions of this Regulation;
(c) to foster and develop cooperation between Member States in social
security matters, particularly inrespect of health an d socialmeasures of commonin terest;1971R1408 — EN — 01.05.2004 — 003.001 — 52
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(d) to foster and develop cooperation between Member States by
modernizing procedures for exchange of information, in particularby adapting the information flow between institutions for the
purpose of telematic exchange, taking account of the development
of data processing in each Member State. The main aim of suchmodernization shall be to expedite the award of benefits.
(e) to assemble the factors to be taken into consideration for drawing
up accounts relating to the costs to be borne by the institutions ofthe Member States under the provisions of this Regulation and to
adopt the annual accounts between the said institutions;
(f) to undertake any other function coming within its competence
under the provisions of this and of subsequent Regulations or any
agreement or arrangement made thereunder;
(g) to submit proposals to the Commission for working out subsequent
Regulations and for the revision of this and subsequent Regula-
tions.
TITLE V
ADVISORY COMMITTEE ON SOCIAL SECURITY FOR
MIGRANTWORKERS
Article 82 (B)
Establishment,compositionandworkingmethods
1. Anadvisory Committee onSocial Security for Migran t Workers
(hereinafter called ‘the Advisory Committee’) is hereby established,with►
A1150◄members comprising, from each Member State:
(a) two representatives of the government, of whom one at least must
be a member of the Administrative Commission;
(b) two representatives of trade unions;
(c) two representatives of employers' organizations.
For each of the categories referred to above, analtern ate member shall
be appointed for each Member State.
2. Members of the Advisory Committee and their alternates shall be
appointed by the Council which shall endeavour, when selecting repre-sentatives of trade unions and employers' organizations, to achieve anequitable representation on the Committee of the various sectors
concerned.
The list of members and their alternates shall be published by the
Council in the Official Journal of the European Communities .
3. The term of office for members and alternates shall be two years.
Their appointments may be renewed. On expiry of their term of office,
members and alternates shall remain in office until they are replaced or
until their appointments are renewed.
4. The Advisory Committee shall be chaired by a representative of
the Commission. The chairman shall not vote.
5. The Advisory Committee shall meet at least once each year. It
shall be convened by its chairman, either on his own initiative or on
writtenapplicationto him by at least on e-third of the members. Suchapplication must include concrete proposals concerning the agenda.
6. Acting on a proposal from its chairman, the Advisory Committee
may decide, in exceptional circumstances, to take advice from any
persons or representatives of organizations with extensive experience
insocial security matters. Furthermore, the Committee shall receivetechnical assistance from the International Labour Office under thesame conditions as the Administrative Commission, under the termsof the agreement concluded between the European Community andthe International Labour Organization.1971R1408 — EN — 01.05.2004 — 003.001 — 53
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7. The opinions and proposals of the Advisory Committee must state
the reasons on which they are based. They shall be delivered by anabsolute majority of the votes validly cast.
The Committee shall, by a majority of its members, draw up its rules
of procedure which shall be approved by the Council, after receivingthe opinion of the Commission.
8. Secretarial services shall be provided for the Advisory Committee
by the Commission.
Article 83
TasksoftheAdvisoryCommittee
The Advisory Committee shall be empowered, at the request of the
Commission of the European Communities, of the AdministrativeCommissionor onits ownin itiative:
(a) to examine general questions or questions of principle and
problems arising from the implementation of the Regulationsadopted withinthe framework of the provision s of Article 51 of
the Treaty;
(b) to formulate opinions on the subject for the Administrative
Commission and proposals for any revision of the Regulations.
TITLE VI
MISCELLANEOUSPROVISIONS
Article 84 (7)
Cooperationbetweencompetentauthorities
1. The competent authorities of Member States shall communicate
to each other all information regarding:
(a) measures taken to implement this Regulation:
(b) changes in their legislation which are likely to affect the implemen-
tationof this Regulation .
2. For the purposes of implementing this Regulation, the authorities
and institutions of Member States shall lend their good offices and actas though implementing their own legislation. The administrative assis-
tance furnished by the said authorities and institutions shall, as a rule,
be free of charge. However, the competent authorities of the MemberStates may agree to certain expenses being reimbursed.
3. The authorities and institutions of Member States may, for the
purpose of implementing this Regulation, communicate directly with
one another and with the persons concerned or their representatives.
4. The authorities, institutions and tribunals of one Member State
may not reject claims or other documents submitted to them on the
grounds that they are written in an official language of anotherMember State. They shall have recourse where appropriate to theprovisions of Article 81 (b).
5. (a) Where, under this Regulation or under the implementing Regu-
lation referred to in Article 98, the authorities or institutions of aMember State communicate personal data to the authorities orinstitutions of another Member State, that communication shallbe subject to the legal provisions governing protection of data
laid downby the Member State providin g the data.
Any subsequent transmission as well as the storage, alteration
and destruction of the data shall be subject to the provisions ofthe legislationondata protectionof the receivin g Member State.
(b) The use of personal data for purposes other than those of social
security shall be subject to the approval of the person concernedor in accordance with the other guarantees provided for bynational legislation.1971R1408 — EN — 01.05.2004 — 003.001 — 54
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Article 85
Exemptionsfromorreductionsoftaxes—Exemptionfromauthentication
1. Any exemption from or reduction of taxes, stamp duty, notarial or
registrationfees provided for inthe legislationof on e Member State inrespect of certificates or documents required to be produced for the
purposes of the legislationof that State shall be exten ded to similar
documents required to be produced for the purposes of the legislationof another Member State or of this Regulation.
2. All statements, documents and certificates of any kind whatsoever
required to be produced for the purposes of this Regulationshall beexempt from authentication by diplomatic or consular authorities.
3. An electronic message sent by an institution in conformity with
the provisions of this Regulation and the implementing Regulationmay not be rejected by any authority or institution of another MemberState on the grounds that it was received by electronic means, once thereceiving institution has declared its ability to receive electronic
messages. Reproduction and recording of such messages shall be
presumed to be a correct and accurate reproduction of the originaldocument or recording of the information it relates to, unless there isproof to the contrary.
An electronic message shall be considered valid if the computer system
on which the message is recorded contains the safeguards necessary inorder to avoid any alteration, disclosure or access to the recording. Itshall at any time be possible to reproduce the information recorded in
a directly legible form. When an electronic message is transferred from
one social security institution to another, appropriate security measuresshall be taken in accordance with the relevant Community provisions.
Article 86 (14)
Claims, declarations or appeals submitted to an authority, institution or
tribunalofaMember StateotherthanthecompetentState
1. Any claim, declaration or appeal which should have been
submitted, inorder to comply with the legislationof on e MemberState, within a specified period to an authority, institution or tribunalof that State shall be admissible if it is submitted withinthe same
period to a corresponding authority, institution or tribunal of another
Member State. In such a case the authority, institution, or tribunalreceiving the claim, declaration or appeal shall forward it without delayto the competent authority, institution or tribunal of the former Stateeither directly or through the competent authorities of the Member
State concerned. The date on which such claims, declarations or
appeals were submitted to the authority, institution or tribunal of theSecond State shall be considered as the date of their submission to thecompetent authority, institution or tribunal.
2. Where a person entitled to do so under the legislation of a
Member State has submitted to that State a claim for family benefitseven though that State is not competent by priority right, the date onwhich that first applicationwas made shall be con sidered as the date
on which it was submitted to the competent authority, institution or
tribunal, provided that a new application is submitted in the MemberState which is competent by priority right by a person entitled to doso under the legislation of that State. The second application must besubmitted within a period of one year after notification of the rejectionof the first application or the cessation of payment of benefits in the
first Member State.
Article 87
Medical examinations
1. Medical examinations provided for by the legislation of one
Member State may be carried out at the request of the competent insti-tution, in the territory of another Member State, by the institution of1971R1408 — EN — 01.05.2004 — 003.001 — 55
▼M1
▼B
▼B
the place of stay or residence of the person entitled to benefits, under
conditions laid down in the implementing Regulation referred to inArticle 98 or, failing these, under conditions agreed upon between the
competent authorities of the Member States concerned.
2. Medical examinations carried out under the conditions laid down
in paragraph 1 shall be considered as having been carried out in theterritory of the competent State.
Article 88
Transfers from one Member State to another of sums of money payable
pursuanttothisRegulation
Where appropriate, money transfers effected in accordance with this
Regulation shall be made in accordance with the relevant agreements
in force between the Member States concerned at the time of transfer.Where no such agreements are in force between two Member States,the competent authorities of the said States or the authorities respon-sible for international payments shall, by mutual agreement, determinethe measures necessary for effecting such transfers.
Article 89
Specialproceduresforimplementingcertainlegislations
Special procedures for implementing the legislations of certain Member
States are set out in Annex VI.
Article 90 (8)
......
Article 91
Contributions chargeable to employers or undertakings not established in
thecompetentState
An employer shall not be bound to pay increased contributions by
reasonof the fact that his place of busin ess or the registered office orplace of business of his undertaking is in the territory of a MemberState other thanthe competen t State.
Article 92
Collectionofcontributions
1. Contributions payable to an institution of one Member State may
be collected inthe territory of an other Member State inaccordan cewith the administrative procedure and with the guarantees and privi-
leges applicable to the collection of contributions payable to the
corresponding institution of the latter State.
2. The procedure for the implementation of the provisions of para-
graph 1 shall be governed, in so far as is necessary, by theimplementing Regulation referred to in Article 98 or by means ofagreements between Member States. Such implementing proceduresmay also cover procedures for enforcing payment.
Article 93
Rightsofinstitutionsresponsibleforbenefitsagainstliablethirdparties
1. If a person receives benefits under the legislation of one Member
State in respect of an injury resulting from an occurrence in the terri-
tory of another State, any rights of the institution responsible for
benefits against a third party bound to compensate for the injury shallbe governed by the following rules:
(a) Where the institution responsible for benefits is, by virtue of the
legislationwhich it admin isters, subrogated to the rights which therecipient has against the third party, such subrogation shall berecognized by each Member State.1971R1408 — EN — 01.05.2004 — 003.001 — 56
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(b) Where the said institution has direct rights against the third party,
such rights shall be recognized by each Member State.
2. If a person receives benefits under the legislation of one Member
State in respect of an injury resulting from an occurrence in the terri-
tory of another Member State, the provisions of the said legislationwhich determine in which cases the civil liability of employers or ofthe persons employed by them is to be excluded shall apply withregard to the said person or to the competent institution.
The provisions of paragraph 1 shall also apply to any rights of the
institution responsible for benefit against an employer or the persons
employed by him incases where their liability is n ot excluded.
3. Where, in accordance with the provisions of Article 36 (3) and/or
Article 63 (3), two or more Member States or the competent authoritiesof those States have concluded an agreement to waive reimbursementbetween institutions under their jurisdiction, any rights arising against
a liable third party shall be governed by the following rules:
(a) Where the institution of the Member State of stay or residence
awards benefits to a person in respect of an injury which wassustained within its territory, that institution, in accordance withthe legislationwhich it admin isters, shall exercise the right tosubrogationor direct actionagain st the third party liable to provide
compensation for the injury.
(b) For the purpose of implementing (a):
(i) the person receiving benefits shall be deemed to be insured
with the institution of the place of stay or residence,
and
(ii) that institution shall be deemed to be the debtor institution.
(c) The provisions of paragraphs 1 and 2 shall remain applicable in
respect of any benefits not covered by the waiver agreementreferred to inthis paragraph.
TITLE VII
TRANSITIONALANDFINALPROVISIONS
Article 94 (7) (8) (11) (12)
Transitionalprovisionsforemployedpersons
1. No right shall be acquired under this Regulation in respect of a
period prior to 1 October 1972 or to the date of its applicationintheterritory of the Member State concerned or in a part of the territory ofthat State.
2. All periods of insurance and, where appropriate, all periods of
employment or residence completed under the legislation of a Member
State before 1 October 1972 or before the date of its applicationinthe
territory of that Member State or ina part of the territory of that Stateshall be taken into consideration for the determination of rightsacquired under the provisions of this Regulation.
3. Subject to the provisions of paragraph 1, a right shall be acquired
under this Regulation even though it relates to a contingency which
materialized prior to 1 October 1972 or to the date of its application
in the territory of the Member State concerned or in a part of the terri-tory of that State.
4. Any benefit which has not been awarded or which has been
suspended by reason of the nationality or place of residence of theperson concerned shall, on the application of the person concerned, be
awarded or resumed with effect from 1 October 1972 or the date of its
application in the territory of the Member State concerned or in a partof the territory of that State, provided that the rights previously deter-mined have not given rise to a lump sum payment.
5. The rights of a personto whom a pen sionwas awarded prior to 1
October 1972 or to the date of its applicationinthe territory of the1971R1408 — EN — 01.05.2004 — 003.001 — 57
▼B
Member State concerned or in a part of the territory of that State may,
on the application of the person concerned, be reviewed, taking intoaccount the provisions of this Regulation. This provision shall also
apply to the other benefits referred to Article 78.
6. If anapplicationreferred to inparagraph 4 or 5 is submitted
withintwo years from 1 October 1972 or from the date of its applica-tion in the territory of the Member State concerned, the rights acquiredunder this Regulation shall have effect from that date, and the provi-sions of the legislation of any Member State concerning the forfeiture
or limitation of rights may not be invoked against the persons
concerned.
The same provisions shall apply as regards the application of this
Regulationinthose territories which became a part of the FederalRepublic of Germany on 3 October 1990 provided that the applicationreferred to inparagraph 4 or 5 is submitted withintwo years of 1 Jun e1992.
7. If anapplicationreferred to inparagraph 4 or 5 is submitted after
the expiry of the two-year period after 1 October 1972 or following the
date of its application in the territory of the Member State concerned,rights which have not been forfeited or which are not time barred shallhave effect from the date onwhich the applicationwas submitted,except where more favourable provisions of the legislation of anyMember state apply.
The same provisions shall apply as regards the application of this
Regulationinthose territories which became a part of the Federal
Republic of Germany on 3 October 1990 provided that the applicationreferred to inparagraph 4 or 5 is submitted after two years haveelapsed from 1 June 1992.
8. In case of sclerogenic pneumoconiosis, the provision of Article 57
(5) shall apply to cash benefits for an occupational disease the expenseof which, in the absence of agreement between the institutions
concerned, could not be divided between those institutions before 1
October 1972.
9. The family allowances received by employed persons employed
in France or unemployed workers receiving unemployment benefitsunder French legislation in respect of the members of their familiesresiding in another Member State on the date of 15 November 1989shall continue to be paid at the rates, within the limits and according
to the procedures applicable on that date as long as their amount
exceeds that of the benefits that would be due as from the date of 16November 1989 and as long as the persons concerned are subject toFrench legislation. Account shall not be taken of interruptions lastingless than one month nor of periods during which unemployment or
sickness is drawn.
The procedure for implementing this paragraph and in particular the
sharing of the cost of these allowances shall be determined by mutualagreement between the Member States concerned or by their competentauthorities after the Administrative Commission has delivered anopinion.
10. The rights of persons to whom a pension was awarded prior to
the entry into force of Article 45 (6) may be reviewed at their request
subject to the provisions of Article 45 (6).
Article 95 (6) (12)
Transitionalprovisionsforself-employedpersons
1. No right shall be acquired under this Regulation in respect of a
period prior to 1 July 1982 or to the date of its implementation in theterritory of the Member State concerned or in a part of the territory ofthat State.
2. All insurance periods and, where appropriate, all periods of
employments, of self-employment or of residence completed under thelegislationof a Member State before 1 July 1982 or before the date of1971R1408 — EN — 01.05.2004 — 003.001 — 58
▼B
implementation of this Regulation in the territory of that Member State
or in a part of the territory of that State shall be taken into considera-tion for the determination of rights acquired under this Regulation.
3. Subject to paragraph 1, a right shall be acquired under this Regu-
lation even though it relates to a contingency which materialized prior
to 1 July 1982 or to the date of implementation of this Regulation inthe territory of the Member State concerned or in a part of the territoryof that State.
4. Any benefit which has not been awarded or which has been
suspended by reason of the nationality or place of residence of theperson concerned shall, on the application of the person concerned, beawarded or resumed with effect from 1 July 1982 or from the date of
implementation of this Regulation in the territory of the Member State
concerned or in a part of the territory of that State, provided that therights previously determined have not given rise to a lump-sumpayment.
5. The rights of a personto whom a pen sionwas awarded prior to 1
July 1982 or to the date of implementation of this Regulation in theterritory of the Member State concerned or in a part of the territory of
that State may, on the application of the person concerned, be
reviewed, taking into account this Regulation. This provision shallalso apply to the other benefits referred to in Article 78.
6. If anapplicationreferred to inparagraph 4 or 5 is submitted
withintwo years of 1 July 1982 or of the date of implemen tationofthis Regulation in the territory of the Member State concerned, therights acquired under this Regulation shall have effect from that date,and the provisions of the legislation of any Member State concerning
the forfeiture or limitation of rights may not be invoked against the
persons concerned.
The same provisions shall apply as regards the application of this
Regulationinthose territories which became a part of the FederalRepublic of Germany on 4 October 1990 provided that the applicationreferred to inparagraph 4 or 5 is submitted withintwo years of 1 Jun e1992.
7. If anapplicationreferred to inparagraph 4 or 5 is submitted after
the expiry of the two-year period from 1 July 1982 or following the
date of implementation of this Regulation in the territory of the
Member State concerned, rights which have not been forfeited or arenot barred by limitation shall have effect from the date on which theapplicationwas submitted, except where more favourable provision sof the legislationof an y Member State apply.
The same provisions shall apply as regards the application of this
Regulationinthose territories which became a part of the Federal
Republic of Germany on 3 October 1990 provided that the application
referred to inparagraph 4 or 5 is submitted after two years haveelapsed from 1 June 1992.
Article 95a (11)
TransitionalprovisionsforapplicationofRegulation(EEC)No1248/92 (1)
1. Under Regulation (EEC) No 1248/92 no right shall be acquired
for a period prior to 1 June 1992.
2. All insurance periods or periods of residence completed under the
legislation of a Member State before 1 June 1992 shall be taken intoconsideration for the determination of rights to benefits pursuant toRegulation(EEC) No 1248/92.
3. Subject to paragraph 1, a right shall be acquired under Regulation
(EEC) No 1248/92 even though relating to a contingency which mate-rialized prior to 1 June 1992.1971R1408 — EN — 01.05.2004 — 003.001 — 59
(1) OJ No L 136, 19. 5. 1992, p. 7.
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4. The rights of a personto whom a pen sionwas awarded prior to 1
June 1992 may, on the application of the person concerned, bereviewed, taking into account the provisions of Regulation (EEC) No
1248/92.
5. If anapplicationreferred to inparagraph 4 is submitted within
two years from 1 June 1992 the rights acquired under Regulation
(EEC) No 1248/92 shall have effect from that date, and the provisions
of the legislation of any Member State concerning the forfeiture oflimitation of rights may not be invoked against the persons concerned.
6. If the applicationreferred to inparagraph 4 is submitted after the
expiry of the two-year period after 1 June 1992, rights which have not
beenforfeited or n ot barred by limitationshall have effect from thedate onwhich the applicationwas submitted, except where morefavourable provisions of the legislation of any Member State apply.
Article 95b (14)
TransitionalprovisionsforapplicationofRegulation(EEC)No1247/92 (1)
1. Regulation (EEC) No 1247/92 shall not provide any entitlement
for periods prior to 1 June 1992.
2. The periods of residence and periods of employment or of self-
employment completed on the territory of a Member State before 1
June 1992 shall be taken into consideration for the determination ofrights acquired under the provisions of Regulation (EEC) No 1247/92.
3. Subject to paragraph 1, a right shall be acquired pursuant to
Regulation (EEC) No 1247/92 even where it relates to a contingency
that occurred before 1 June 1992.
4. All special non-contributory benefits which have not been
awarded or which have been suspended by reason of the nationality of
the person concerned shall, on the application of the person concerned,
be awarded or resumed with effect from 1 June 1992, provided that therights previously determined have not given rise to a lump-sumpayment.
5. The rights of persons to whom a pension was awarded prior to 1
June 1992, may, on the application of the persons concerned, bereviewed, taking account of the provisions of Regulation (EEC) No1247/92.
6. if anapplicationreferred to inparagraph 4 or 5 is submitted
within two years from 1 June 1992, the rights acquired pursuant toRegulation(EEC) No 1247/92 shall have effect from that date, an dthe provisions of the legislation of any Member State concerning theforfeiture or limitation of rights may not be invoked against the persons
concerned.
7. If anapplicationreferred to inparagraph 4 or 5 is submitted after
the expiry of the two-year period after 1 June 1992, rights which havenot been forfeited or which are not time-barred shall have effect from
the date onwhich the applicationwas submitted, except where more
favourable provisions of the legislation of any Member State apply.
8. The applicationof Article 1 of Regulation(EEC) No 1247/92
may not result in the withdrawal of benefits which are awarded before
1 June 1992 by the competent institutions of the Member State under
Title III of Regulation(EEC) No 1408/71 to which Article 10 of thelatter Regulationis applicable.
9. The applicationof Article 1 of Regulation(EEC) No 1247/92
may not result in the rejection of an application for a special non-
contributory benefit awarded as a supplement to a pension, which wassubmitted by the person concerned who had satisfied the conditions forthe award of this benefit before 1 June 1992, even where the personconcerned resides on the territory of a Member State other than the1971R1408 — EN — 01.05.2004 — 003.001 — 60
(1) OJ No L 136, 19. 5. 1992, p. 1.
▼B
competent Member State, provided that the application for the benefit
is submitted within a period of five years starting from 1 June 1992.
10. Notwithstanding the provisions of paragraph 1, any special non-
contributory benefit, granted as a supplement to a pension, which has
n ot beenawarded or which has beensuspen ded by reasonof the resi-
dence of the person concerned on the territory of a Member State otherthanthe competen t Member State shall, onthe applicationof theperson concerned, be awarded or resumed with effect from 1 June1992, inthe first case from the date onwhich the ben efit should havebeen awarded, and in the second case on the date of suspension of the
benefit.
11. Where special non-contributory benefits as referred to in Article
4 (2a) of Regulation(EEC) No 1408/71 may, durin g the same period
and for the same person, be granted pursuant to Article 10a of thatRegulation by the competent institution of the Member State in theterritory of which that person is resident and pursuant to paragraphs 1to 10 of this Article by the competent institution of another Member
State, the person concerned may only aggregate those benefits up to
the limit of the highest amount of the special benefit he could claimunder one of the legislations in question.
12. The detailed rules of applicationof paragraph 11, an d inparti-
cular the application, with regard to the benefits referred to in thatparagraph, of the clauses for reduction, suspension or abolitionprovided for under the legislation of one or more Member States andthe allocation of the differential additional amounts shall be set by
decisionof the Admin istrative CommissiononSocial Security for
Migrant Workers and, where appropriate, by common accord of theMember States concerned or their competent authorities.
Article 95c
TransitionalprovisionsforapplicationofRegulation(EC)No1606/98
1. No rights shall be acquired under Regulation (EC) No 1606/98 (1)
for any period prior to 25 October 1998.
2. Any period of insurance and, where appropriate, any period of
employment, self-employment or residence completed under the legis-lationof a Member State before 25 October 1998 shall be takenin toaccount for the determination of rights acquired in accordance withthe provisions of Regulation (EC) No 1606/98.
3. Subject to the provisions of paragraph 1, a right shall be acquired
under Regulation (EC) No 1606/98 even if it relates to a contingency
arising prior to 25 October 1998.
4. Any benefit that has not been awarded or that has been suspended
on account of the nationality or the residence of the person concernedshall, at the latter's request, be awarded or resumed from 25 October1998, provided that the rights for which benefits were previouslyawarded did not give rise to a lump-sum payment.
5. The rights of persons who prior to 25 October 1998, obtained the
award of a pension may be reviewed at their request, account beingtakenof the provision s of Regulation(EC) No 1606/98. The provision
shall also apply to the other benefits referred to in Articles 78 and 79
insofar as it applies to Articles 78 and 79a.
6. If the request referred to inparagraph 4 or 5 is lodged withintwo
years from 25 October 1998, rights deriving from Regulation (EC) No1606/98 shall be acquired from that date and the provisions of thelegislationof an y Member State onthe forfeiture or lapse of rightsmay not be applied to the persons concerned.
7. If the request referred to inparagraph 4 or 5 is lodged after expiry
of the period of two years following 25 October 1998, rights not1971R1408 — EN — 01.05.2004 — 003.001 — 61
(1) OJ L 209, 25. 7. 1998, p. 1.▼M3
▼M3
forfeited or lapsed shall be acquired from the date of such request,
subject to any more favourable provisions of the legislation of anyMember State.
Article 95d
Transitionalprovisionsapplicabletostudents
1. No rights shall be acquired under this Regulation by students,
members of their families or their survivors for any period prior to 1May 1999.
2. Any period of insurance and, where appropriate, any period of
employment, self-employment or residence completed under the legis-
lationof a Member State before 1 May 1999 shall be takenin to
account for the determination of rights acquired in accordance withthe provisions of this Regulation.
3. Subject to the provisions of paragraph 1, a right shall be acquired
under this Regulation even if it relates to a contingency arising prior to1 May 1999.
4. Any benefit that has not been awarded or that has been suspended
on account of the nationality or the residence of the person concerned
shall, at the latter's request, be awarded or resumed from 1 May 1999,
provided that the rights for which benefits were previously awarded didnot give rise to a lump-sum payment.
5. If the request referred to inparagraph 4 is lodged withintwo
years from 1 May 1999, rights deriving from this Regulation in favourof students, members of their families and their survivors shall be
acquired from that date and the provisions of the legislation of any
Member State onthe forfeiture or lapse of rights may n ot be appliedto the persons concerned.
6. If the request referred to inparagraph 4 is lodged after expiry of
the period of two years following 1 May 1999, rights not forfeited orlapsed shall be acquired from the date of such request, subject to anymore favourable provisions of the legislation of any Member State.
Article 95e
TransitionalprovisionsforapplicationofRegulation(EC)No1399/1999 (1)
1. Regulation(EC) No 1399/1999 shall be applicable to rights of
orphans where the parent under whom the orphan is entitled died after1 September 1999.
2. Any period of insurance or residence completed under the legisla-
tionof a Member State before 1 September 1999 shall be takenin toaccount for the determination of rights acquired in accordance with
Regulation(EC) No 1399/1999.
3. The rights of orphans where the parent under whom they are
entitled died before 1 September 1999 may be reviewed at their requestinaccordan ce with Regulation(EC) No 1399/1999.
4. If the request referred to inparagraph 3 is lodged withintwo
years from 1 September 1999, rights deriving from Regulation (EC)No 1399/1999 shall be acquired from that date and the provisions of
any Member State on the forfeiture or lapse of rights may not be
applied to the persons concerned.
5. If the request referred to inparagraph 3 is lodged after expiry of
the period of two years following 1 September 1999, rights notforfeited or lapsed shall be acquired from the date of such request,subject to any more favourable provisions of the legislation of anyMember State.1971R1408 — EN — 01.05.2004 — 003.001 — 62
(1) OJ L 164, 30.6.1999, p. 1.▼M4
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Article 96
Agreementsrelatingtoreimbursementbetweeninstitutions
The Agreements concluded pursuant to Articles 36 (3), 63 (3) and 70
(3) before 1 July 1982 shall apply likewise to persons to whom the
scope of the present Regulation was extended on that date, except inthe event of an objection by one of the contracting Member States tothese Agreements.
This objection shall be taken into account if the competent authority of
that Member State informs the competent authority of the other
Member State(s) concerned in writing before 1 October 1983. A copy
of this communication shall be forwarded to the AdministrativeCommission.
Article 97
Notificationpursuanttocertainprovisions
1. The notifications referred to in Articles 1 (j), 5 and 8 (2) shall be
addressed to the president of the Council. They shall indicate the dateof entry into force of the laws and schemes in question or, in the case
of the notifications referred to in Article 1 (j), the date from which this
Regulation shall apply to the schemes mentioned in the declarations ofthe Member States.
2. Notifications received in accordance with the provisions of para-
graph 1 shall be published inthe Official Journal of the European
Communities .
Article 98
ImplementingRegulation
A further Regulation shall lay down the procedure for implementing
this Regulation.1971R1408 — EN — 01.05.2004 — 003.001 — 63
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ANNEX I (A) (B) (8) (9) (13) (14) (15)
PERSONSCOVEREDBYTHEREGULATION
I.Employedpersonsand/orself-employedpersons (Article 1 (a) (ii) and (iii)
of the Regulation)
A. BELGIUM
Does not apply.
B. CZECH REPUBLIC
Does not apply.
C. DENMARK
1. Any person who, from the fact of pursuing an activity as an
employed person, is subject:
(a) to the legislation on accidents at work and occupational diseases
for the period prior to 1 September 1977;
(b) to the legislation on supplementary pensions for employed
persons (arbejdsmarkedets tillægspension, ATP) for a period
commencing on or after 1 September 1977, shall be considered
as an employed person within the meaning of Article 1 (a) (ii)
of the Regulation.
2. Any person who, pursuant to the law on daily cash benefits in the
event of sickness or maternity, is entitled to such benefits on the basis
of an earned income other than a wage or salary shall be considered a
self-employed person within the meaning of Article 1 (a) (ii) of the
Regulation.
D. GERMANY
If the competent institution for granting family benefits in accordance
with Chapter 7 of Title III of the Regulation is a German institution,
then within the meaning of Article 1 (a) (ii) of the Regulation:
(a) ‘employed person’ means compulsorily insured against unemploy-
ment or any person who, as a result of such insurance, obtains cash
benefits under sickness insurance or comparable benefits ►M5or
any established civil servant in receipt of a salary in respect of his/her civil servant status which is at least equal to that which, in the
case of an employed person, would result in compulsory insurance
against unemployment ◄;
(b) ‘self-employed person’ means any person pursuing self-employment
which is bound:
— to join, or pay contributions in respect of, an old-age insurance
withina scheme for self-employed person s,
or
— to joina scheme withinthe framework of compulsory pen sion
insurance.
E. ESTONIA
Does not apply.
F. GREECE
1. Persons insured under the OGA scheme who pursue exclusively
activities as employed persons or who are or have been subject to
the legislation of another Member State and who consequently are
or have been ‘employed persons’ within the meaning of Article 1 (a)
of the Regulation are considered as employed persons within the
meaning of Article 1 (a) (iii) of the Regulation.
2. For the purposes of granting the national family allowance, persons
referred to in Article 1 (a) (i) and (iii) of the Regulation are consid-
ered as employed persons within the meaning of Article 1 (a) (ii) of
the Regulation.1971R1408 — EN — 01.05.2004 — 003.001 — 64
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
G. SPAIN
Does not apply.
H. FRANCE
If a French institution is the competent institution for the grant of family
benefits in accordance with Title III, Chapter 7 of the Regulation:
1. ‘employed person’ within the meaning of Article 1 (a) (ii) of the
Regulationshall be deemed to meanan y personwho is compulsorily
insured under the social security scheme in accordance with Article L
311-2 of the Social Security Code and who fulfils the minimum
conditions regarding work or remuneration provided for in Article L
313-1 of the Social Security Code in order to benefit from cash bene-
fits under sickness insurance, maternity and invalidity cover or the
person who benefits from these cash benefits;
2. ‘self-employed person’ within the meaning of Article 1 (a) (ii) of the
Regulationshall be deemed to meanan y personwho performs a self-
employed activity and who is required to take out insurance and to
pay old-age benefit contributions to a self-employed persons' scheme.
I. IRELAND
1. Any person who is compulsorily or voluntarily insured pursuant to
the provisions of ►M2Sections 9, 21 and 49 of the Social Welfare
(Consolidation) Act 1993 ◄shall be considered an employed person
within the meaning of Article 1 (a) (ii) of the Regulation.
2. Any person who is compulsorily or voluntarily insured pursuant to
the provisions of ►M2Sections 17 and 21 of the Social Welfare
(Consolidation) Act 1993 ◄shall be considered a self-employed
person within the meaning of Article 1 (a) (ii) of the Regulation.
J. ITALY
Does not apply.
K. CYPRUS
Does not apply.
L. LATVIA
Does not apply.
M. LITHUANIA
Does not apply.
N. LUXEMBOURG
Does not apply.
O. HUNGARY
Does not apply.
P. MALTA
An y personwho is a self-employed personor a self-occupied person
within the meaning of the Social Security Act (Cap. 318) 1987 shall be
considered as a self-employed person within the meaning of Article 1 (a)
(ii) of the Regulation.
Q. NETHERLANDS
Any person pursuing an activity or occupation without a contract of
employment shall be considered a self-employed person within the
meaning of Article 1 (a) (ii) of the Regulation.1971R1408 — EN — 01.05.2004 — 003.001 — 65
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
R. AUSTRIA
Does not apply.
S. POLAND
Does not apply.
T. PORTUGAL
Does not apply.
U. SLOVENIA
Does not apply.
V. SLOVAKIA
Does not apply.
W. FINLAND
An y personwho is anemployed or self-employed personwithinthe
meaning of the legislation on the Employment Pensions Scheme shall
be considered respectively as employed or self-employed with the
meaning of Article 1 (a) (ii) of the Regulation.
X. SWEDEN
An y personwho is anemployed or self-employed personwithinthe
meaning of the legislation on work injury insurance shall be considered
respectively as employed or self-employed with the meaning of Article 1
(a) (ii) of the Regulation.
Y. UNITED KINGDOM
Any person who is an ‘employed earner’ or a ‘self-employed earner’
within the meaning of the legislation of Great Britain or of the legisla-
tionof NorthernIrelan d shall be regarded respectively as anemployed
personor a self-employed personwithinthe mean in g of Article 1 (a)
(ii) of the Regulation. Any person in respect of whom contributions are
payable as an ‘employed person’ or a ‘self-employed person’ in accor-
dance with the legislation of Gibraltar shall be regarded respectively as
anemployed personor a self-employed personwithinthe mean in g of
Article 1 (a) (ii) of the Regulation.
II.Membersofthefamily (Second sentence of Article 1 (f) of the Regulation)
A. BELGIUM
Does not apply.
B. CZECH REPUBLIC
For the purpose of determining entitlement to benefits in kind pursuant
to the provisions of Chapter 1 of Title III of the Regulation, the expres-
sion ‘member of the family’ means a spouse and/or a dependent child as
defined by the State Social Support Act No 117/1995 Sb.
C. DENMARK
For the purpose of determining a right to sickness or maternity benefits
in kind existing pursuant to Articles 22 (1) (a) and 31 of the Regulation,
the expression‘member of the family’ shall mean :
1. the spouse of anemployed person , a self-employed personor other
entitled persons under the terms of the Regulation, in so far as they
are not themselves entitled persons under the terms of the Regulation;
or
2. a child under 18 years of age in the care of someone who is an
entitled person under the terms of the Regulation.1971R1408 — EN — 01.05.2004 — 003.001 — 66
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
D. GERMANY
Does not apply.
E. ESTONIA
Does not apply.
F. GREECE
Does not apply.
G. SPAIN
Does not apply.
H. FRANCE
For the purpose of determining entitlement to family allowances or
family benefits, the term ‘member of the family’ means any person
mentioned in Article L 512-3 of the Social Security Code.
I. IRELAND
In order to determine the right to benefits in kind for sickness and mater-
nity in application of the Regulation, the term ‘member of the family’
shall mean any person considered as being a dependent of an employed
personor of a self-employed personfor the applicationof the Health
Acts of 1947 to 1970.
J. ITALY
Does not apply.
K. CYPRUS
Does not apply.
L. LATVIA
For the purpose of determining entitlement to benefits in kind pursuant
to the provisions of Chapter I of Title III of the Regulation, ‘member of
the family’ means a spouse or a child under the age of 18.
M. LITHUANIA
For the purpose of determining the right to benefits in kind pursuant to
the provisions of Chapter 1 of Title III of the Regulation, ‘member of
the family’ means a spouse or a child under the age of 18 years.
N. LUXEMBOURG
Does not apply.
O. HUNGARY
Does not apply.
P. MALTA
Does not apply.
Q. NETHERLANDS
Does not apply.
R. AUSTRIA
Does not apply.1971R1408 — EN — 01.05.2004 — 003.001 — 67
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼M1
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
S. POLAND
Does not apply.
T. PORTUGAL
Does not apply.
U. SLOVENIA
Does not apply.
V. SLOVAKIA
For the purpose of determining entitlement to benefits in kind pursuant
to the provisions of Chapter 1 of Title III of the Regulation, ‘member of
the family’ means a spouse and/or a dependent child as defined by the
Act on child allowances and additional child allowances.
W. FINLAND
For the purpose of determining entitlement to benefits in kind pursuant
to the provisions of Chapter 1 of Title III of the Regulation, ‘member of
the family’ means a spouse or a child as defined by the Sickness Insur-
ance Act.
X. SWEDEN
For the purpose of determining entitlement to benefits in kind pursuant
to the provisions of Chapter 1 of Title III of the Regulation, ‘member of
the family’ means a spouse or a child under the age of 18.
Y. UNITED KINGDOM
For the purpose of determining entitlement to benefits in kind the term
‘member of the family’ means:
1. As regards the legislation of Great Britain and Northern Ireland:
(1) a spouse, provided that:
(a) that person, whether employed or self-employed, or another
person entitled under the Regulation, is:
(i) residing with the spouse;
or
(ii) contributing to the maintenance of the spouse;
and
(b) the spouse does not:
(i) have earnings as an employed or self-employed person or
income as a person entitled under the Regulation;
or
(ii) receive a social security benefit or pension based on the
spouse's own insurance;
(2) a personhavin g care of a child, provided that:
(a) the employed or self-employed personor personen titled
under the Regulation is:
(i) living together with the person as though husband and
wife; or
(ii) contributing to the maintenance of the person;
and
(b) the persondoes n ot:
(i) have earnings as an employed or self-employed worker
or income as a person entitled under the Regulation;
or
(ii) receive a social security benefit or pension based on that
person's own insurance;
(3) a child inrespect of whom that person , the employed or self-
employed person, or another person entitled under the Regulation
is or could be paid child-benefit.1971R1408 — EN — 01.05.2004 — 003.001 — 68
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼B
2. As regard the legislationof Gibraltar:
any person regarded as a dependent within the meaning of the Group
Practice Scheme Ordinance, 1973.1971R1408 — EN — 01.05.2004 — 003.001 — 69
▼B
ANNEX II (A) (B) (8) (10) (15)
(Article 1 (j) and (u) of the Regulation)
I.Special schemes for self-employed persons excluded from the scope of
theRegulationpursuanttothefourthsubparagraphofArticle1(j)
A. BELGIUM
Does not apply.
B. CZECH REPUBLIC
Does not apply.
C. DENMARK
Does not apply.
D. GERMANY
Insurance and welfare institutions (Versicherungs- und Versorgungs-
werke) for doctors, dentists, veterinary surgeons, dispensing chemists,
barristers and counsel, patent agents (Patentanwälte), notaries public,
auditors (Wirtschaftsprüfer), tax consultants and advisers (Steuerbe-
vollmächtige), sea pilots (Seelotsen) and architects, set up pursuant to
legislation of the Länder, and other insurance and welfare institutions,
in particular welfare (Fürsorgeeinrichtungen) and the system for
extending fee-sharing (erweiterte Honorarverteilung).
E. ESTONIA
Does not apply.
F. GREECE
Does not apply.
G. SPAIN
1. Self-employed persons as referred to in Article 10 (2) (c) of the
Consolidated Text of the General Law on Social Security (Royal
Legislative Decree No 1/1994 of 20 June 1994) and in Article 3 of
Decree No 2530/1970 of 20 August 1970 regulating the special
scheme for self-employed persons who join a professional associa-
tion and decide to become members of the mutual insurance society
set up by the said association instead of joining the special social
security scheme for self-employed persons.
2. Welfare system and/or with the character of social assistance or a
charity, managed by the institutions not subject to the General Law
onSocial Security or to the Law of 6 December 1941.
H. FRANCE
1. Self-employed persons outside the agricultural sphere:
(a) The supplementary old-age insurance schemes and the invalidity
and death insurance schemes for self-employed persons, such as
are mentioned in Articles L 658, L 659, L 663-11, L 663-12, L
682 and L 683-1 of the Social Security Code.
(b) The additional benefits referred to in Article 9 of Law No
66.509 of 12 July 1966.
2. Self-employed persons in agriculture:
The types of insurance set out in Articles 1049 and 1234.19 of the
Rural Code, concerning, on the one hand, sickness, maternity and
old-age, on the other, accidents at work and occupational diseases
of self-employed persons in agriculture.1971R1408 — EN — 01.05.2004 — 003.001 — 70
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼M1
▼B
▼A1
▼B
▼A1
I. IRELAND
Does not apply.
H. ITALY
Does not apply.
K. CYPRUS
1. Pension scheme for doctors in private practice set up under the
Medical (Pensions and Allowances) Regulations of 1999 (P.I. 295/
99) issued under the Medical (Associations, Discipline and Pension
Fund) Law of 1967 (Law 16/67), as amended.
2. Advocates' pension scheme set up under the Advocates (Pensions
and Allowances) Regulations of 1966 (P.I. 642/66), as amended,
issued under the Advocates Law, Cap. 2, as amended.
L. LATVIA
Does not apply.
M. LITHUANIA
Does not apply.
N. LUXEMBOURG
Does not apply.
O. HUNGARY
Does not apply.
P. MALTA
Does not apply.
Q. NETHERLANDS
Does not apply.
R. AUSTRIA
Insurance and welfare institutions (Versicherungs- und Versorgungs-
werke), ‘welfare in particular funds’ (Fürsorgeeinrichtungen) and the
system for extending fee-sharing (erweiterte Honorarverteilung) for
doctors, veterinary surgeons, barristers and counsel, and civil engineers
(Ziviltechniker).
S. POLAND
Does not apply.
T. PORTUGAL
Does not apply.
U. SLOVENIA
Does not apply.
V. SLOVAKIA
Does not apply.
W. FINLAND
Does not apply.
X. SWEDEN
Does not apply.1971R1408 — EN — 01.05.2004 — 003.001 — 71
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
Y. UNITED KINGDOM
Does not apply.
II.Special childbirth or adoption allowances excluded from the scope of
theRegulationunderthetermsofArticle 1(u)(i)
A. BELGIUM
(a) Childbirth allowance;
(b) Adoptionpremium.
B. CZECH REPUBLIC
Childbirth allowance.
C. DENMARK
None.
D. GERMANY
None.
E. ESTONIA
Childbirth allowance.
F. GREECE
None.
G. SPAIN
None.
H. FRANCE
(a) Allowance for young children up to the age of three months;
(b) Adoptionallowan ce.
I. IRELAND
None.
J. ITALY
None.
K. CYPRUS
None.
L. LATVIA
Childbirth grant.
M. LITHUANIA
Childbirth grant.
N. LUXEMBOURG
(a) antenatal allowance;
(b) childbirth allowance.
O. HUNGARY
Maternity grant.1971R1408 — EN — 01.05.2004 — 003.001 — 72
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼A1
P. MALTA
None.
Q. NETHERLANDS
None.
R. AUSTRIA
None
S. POLAND
One-time social assistance childbirth benefit (Act of 29 November 1990
onsocial assistan ce).
►A1T. PORTUGAL ◄
None.
U. SLOVENIA
Childbirth grant.
V. SLOVAKIA
Childbirth allowance.
W. FINLAND
The maternity package or the maternity lump-sum grant pursuant to the
Maternity Grant Act.
X. SWEDEN
None.
Y. UNITED KINGDOM
None.
III.Special non-contributory benefits within the meaning of Article 4 (2b)
whichdonotfallwithinthescopeoftheRegulation
A. BELGIUM
None.
B. CZECH REPUBLIC
None.
C. DENMARK
None.
D. GERMANY
(a) Benefits granted under Länder legislation for the disabled, and in
particular for the blind.
(b) The social supplement under the Law of 28 June 1990 on the align-
ment of pensions.
E. ESTONIA
None.
F. GREECE
None.1971R1408 — EN — 01.05.2004 — 003.001 — 73
▼B
▼A1
▼M2
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼A1
G. SPAIN
None.
H. FRANCE
None.
I. IRELAND
None.
J. ITALY
None.
K. CYPRUS
None.
L. LATVIA
None.
M. LITHUANIA
None.
N. LUXEMBOURG
None.
O. HUNGARY
None.
P. MALTA
None.
Q. NETHERLANDS
None.
R. AUSTRIA
Benefits granted under Bundesländer legislation for disabled persons
and persons in the need of care.
S. POLAND
None.
T. PORTUGAL
None.
U. SLOVENIA
None.
V. SLOVAKIA
None.
W. FINLAND
None.1971R1408 — EN — 01.05.2004 — 003.001 — 74
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
X. SWEDEN
None.
Y. UNITED KINGDOM
None.1971R1408 — EN — 01.05.2004 — 003.001 — 75
▼B
▼A1
▼B
▼B
ANNEX IIa (B) (10) (12) (13) (14) (15)
SPECIALNON-CONTRIBUTORYBENEFITS
(Article 10a of the Regulation)
A. BELGIUM
(a) Allowances for disabled person (Law of 27 February 1987).
(b) Guaranteed income for elderly persons (Law of 1. April 1969).
(c) Guaranteed family benefits (Law of 20 July 1971).
B. CZECH REPUBLIC
Social allowance (State Social Support Act No 117/1995 Sb.).
C. DENMARK
(a) The flat-rate rehabilitation benefit awarded under the Law on Social
Welfare for the maintenance of persons receiving rehabilitation treat-
ment.
(b) Accommodation expenses for pensioners (Law on individual accommo-
dation assistance, consolidated by Law No 204 of 29 March 1995).
(c) The temporary benefit for unemployed persons who have been taken on
ina “flexible job" for 12 mon ths (ledighedsydelse) (Law No 455 of 10
June 1997)
D. GERMANY
None.
E. ESTONIA
(a) Disabled adult allowance (Social Benefits for Disabled Persons Act of
27 January 1999).
(b) State unemployment allowance (Social Protection of the Unemployed
Act of 1 October 2000).
F. GREECE
(a) Special benefits for elderly (Law 1296/82).
(b) Allowance for children of non-working mothers whose husbands have
beencalled up for military service (Law 1483/84, Article 23 (1)).
(c) Allowance for children of non-working mothers whose husbands are in
prison(Law 1483/84, Article 23 (2)).
(d) allowance for persons suffering from congenital haemolytic anaemia
(Law 2362/1995; common ministerial order G4a/F.167/2073/82 and
commonmin isterial order P47/F.222/225 oik. 4711/94)
(e) allowance for the deaf and dumb (Exceptional law 421/37; common
ministerial order D 8b 423/73, common ministerial order G4/F/11.2/
oik. 1929/82 and common ministerial order G4/F.422/oik. 1142/85)
(f) Allowance for seriously disabled persons (Decree-law 162/73; common
ministerial order G4a/F.225//oik.161).
(g) allowance for spasmophiliacs (Decree-law 162/73; common ministerial
order G4a/F.224/oik. 1434/84)
(h) allowance for persons suffering form (SIC! from) a serious mental
disability (Decree-law 162/73; commonmin isterial order G4/F.12/oik.
1930/82, common ministerial order G4b/F.423/oik. 1167/84 and
commonmin isterial order G4b/F.423/oik.82/oik. 529/85)
(i) allowance for the blind (Law 958/79)1971R1408 — EN — 01.05.2004 — 003.001 — 76
▼A1
▼B
▼M2
▼A1
▼B
▼A1
▼B
▼M2
▼B
▼M2
▼A1
G. SPAIN
(a) Benefits under the Law on the social integration of disabled persons
(Law No 13/82 of 7 April 1982).
(b) Cash benefits to assist the elderly and invalids unable to work (Royal
Decree No 2620/81 of 24 July 1981).
(c) Non-contributory invalidity and retirement pensions and dependent child
benefits as provided for in Article 38 (1) (c) and (d) of the Consolidated
Text of the General Law on Social Security, approved by Royal Legis-
lative Decree No 1/1994 of 20 June 1994.
H. FRANCE
(a) Supplementary allowance from the National Solidarity Fund (Law of 30
June 1956).
(b) Disabled asults' (SIC! adults') allowance (Law of 30 June 1975).
(c) The special allowance (Law of 10 July 1952).
I. IRELAND
(a) unemployment assistance (Social Welfare (Consolidation) Act 1993,
Part III, Chapter 2)
(b) old age and blind pensions (non-contributory) (Social Welfare (Consoli-
dation) Act 1993, Part III, Chapters 4 and 5)
(c) widow's (non-contributory) pension, widower's (non-contributory)
pension and orphan's (non-contributory) pension. (Social Welfare
(Consolidation) Act 1993, Part III, Chapter 6 as amended by Part V of
the Social Welfare Act 1997)
(d) one-parent family payment (Social Welfare (Consolidation) Act 1993,
Part III, Chapter 9)
(e) carer's allowance (Social Welfare (consolidation) Act 1993, Part III,
Chapter 10)
(f) family income supplement (Social Welfare (Consolidation) Act 1993,
Part V)
(g) disability allowance (Social Welfare Act 1996, Part IV)
(h) Mobility allowance (Health Act 1970, Section 61).
(i) Infectious diseases maintenance allowance (Health Act 1947, Sections 5
and 44 (5)).
(j) Domiciliary care allowance (Health Act 1970, Section 61).
(k) Blind welfare allowance (Blind Persons Act 1920, Chapter 49).
(l) Disabled person's rehabilitation allowance (Health Act 1970, Sections
68, 69 and 72).
J. ITALY
(a) Social pensions for persons without means (Law No 153 of 30 April
1969).
(b) Pensions and allowances for the civilian disabled or invalids (Laws No
118 of 30 March 1974, No 18 of 11 February 1980 and No 508 of 23
November 1988).
(c) Pensions and allowances for the deaf and dumb (Laws No 381 of 26
May 1970 and No 508 of 23 November 1988).
(d) Pensions and allowances for the civilian blind (Laws No 382 of 27 May
1970 and No No 508 of 23 November 1988).
(e) Benefits supplementing the minimum pensions (Laws No 218 of 4 April
1952, No 638 of 11 November 1983 and No 407 of 29 December 1990).
(f) Benefits supplementing disability allowances (Law No 222 of 12 June
1984).
(g) Monthly allowances for continuous personal assistance for those
receiving for incapacity for work (Law No 222 of 12 June 1984).1971R1408 — EN — 01.05.2004 — 003.001 — 77
▼B
▼M1
▼A1
▼B
▼A1
▼M2
▼B
▼A1
▼B
▼M2
(h) social allowance (Law No 335 of 8 August 1995)
K. CYPRUS
(a) Social Pension (Social Pension Law of 1995 (Law 25(I)/95), as
amended).
(b) Severe motor disability allowance (Council of Ministers' Decisions
Nos 38.210 of 16 October 1992, 41.370 of 1 August 1994, 46.183 of
11 June 1997 and 53.675 of 16 May 2001).
(c) Special grant to blind persons (Special Grants Law of 1996 (Law 77(I)/
96), as amended).
L. LATVIA
(a) State Social Security Benefit (Law on Social Assistance of 26 October
1995).
(b) Allowance for the compensation of transportation expenses for disabled
persons with restricted mobility (Law on Social Assistance of 26 October
1995).
M. LITHUANIA
(a) Social pension (Law of 1994 on Social Pensions).
(b) Special transport compensation for the disabled who have mobility
problems (Law of 2000 on Transport Compensations, Article 7).
N. LUXEMBOURG
(a) Special severe disablement allowances (Law of 16 April 1979).
(b) Maternity allowances (Law of 30 April 1980).
O. HUNGARY
(a) Invalidity annuity (Decree No 83/1987 (XII 27) of the Council of
Ministers on Invalidity Annuity).
(b) Non-contributory old age allowance (Act III of 1993 on Social Admin-
istration and Social Benefits).
(c) Transport allowance (Government Decree No 164/1995 (XII 27) on
Transport Allowances for Persons with Severe Physical Handicap).
P. MALTA
(a) Supplementary allowance (Section 73 of the Social Security Act (Cap.
318) 1987).
(b) Age pension (Social Security Act (Cap. 318) 1987).
Q. NETHERLANDS
►M2Incapacity benefits for disabled young people (Law of 24 April
1997)◄.
R. AUSTRIA
(a) Compensatory supplement (Federal Act of 9 September 1955 on
General Social Insurance — ASVG, Federal Act of 11 October 1978
on Social Insurance for Persons engaged in Trade and Commerce —
GSVG and Federal Act of 11 October 1978 on Social Insurance for
Farmers — BSGV).
(b) Care allowance (Pflegegeld) under the Austrian Federal Care Allowance
Act (Bundespflegegeldgesetz) with the exception of care allowance
granted by accident insurance institutions where the handicap is caused
by an accident at work or occupational disease.
S. POLAND
Social pension (Act of 29 November 1990 on social assistance).
T. PORTUGAL
(a) non-contributory family allowance for children and young persons and
the associated additional sum payable for disability (Decree-Law No
160/80 of 27.5.1980, as amended by Decree-Law No 133-C/97 of 30
May 1997);1971R1408 — EN — 01.05.2004 — 003.001 — 78
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼A1
▼M5
▼M5
(b) non-contributory allowance for attending a special educational establish-
ment (Decree-Law No 160/80 of 27 May 1980, as amended by Decree-
Law No 133-C/97 of 30 May 1997);
(c) non-contributory orphan's pension (Decree-Law No 160/80 of 27 May
1980, as amended by Decree-Law No 133-C/97 of 30 May 1997);
(d) non-contributory State old-age and invalidity pension (Decree-Law No
464/80 of 13 October 1980);
(e) non-contributory allowance for care provided by a third party (Decree-
Law No 160/80 of 27 May 1980, as amended by Decree-Law No 133-
C/97 of 30 May 1997);
(f) non-contributory widow's pension (Regulatory Decree No 52/81 of 11
November 1981).
U. SLOVENIA
(a) State pension (Pension and Disability Insurance Act of 23 December
1999).
(b) Income support for pensioners (Pension and Disability Insurance Act of
23 December 1999).
(c) Maintenance allowance (Pension and Disability Insurance Act of
23 December 1999).
V. SLOVAKIA
Adjustment of pensions as the sole source of income (Act No 100/1988
Zb.).
W. FINLAND
(a) Child-care allowance (Child-care Allowances Act, 444/69).
(b) Disability allowance (Disbility Allowance Act, 124/88).
(c) Housing allowance for pensioners (Act concerning the Housing Allow-
ance for Pensioners, 591/78).
(d) labour market support (Labour Market Support Act 1542/93)
X. SWEDEN
(a) Housing supplements for persons receiving a pension (Law 1994:308).
(b) Handicap allowances which are not paid to a person receiving a pension
(Law 1962: 381 reprinted 1982: 120).
(c) Care allowance for handicapped children (Law 1962: 381 reprinted
1982: 120).
Y. UNITED KINGDOM
(a) . . .
(b) Invalid care allowance (Social Security Act 1975 of 20 March 1975,
Section 37, and Social Security (Northern Ireland) Act 1975 of 20
March 1975, Section37).
(c) Working Families' Tax Credit (Social Security Contributions and Bene-
fits Act 1992, section 123(1)(b), Social Security Contributions and
Benefits (Northern Ireland) Act 1992, section 122(1)(b), and Tax
Credits Act 1999).
(d) Attendance allowance (Social Security Act 1975 of 20 March 1975,
Section 35, and Social Security (Northern Ireland) Act 1975 of 20
March 1975, Section35).
(e) Income support (Social Security Act 1986 of 25 July 1986, Section 20
to 22 and Section 23, Social Security (Northern Ireland) Order 1986 of
5 November 1986, Articles 21 to 24).
(f) Disability living allowance (Disability Living Allowance and Disability
Working Allowance Act 1991 of 27 June 1991, Section 1 and Disability
Living Allowance and Disability Working Allowance (Northern Ireland)
Order 1991 of 24 July 1991, Article 3).1971R1408 — EN — 01.05.2004 — 003.001 — 79
▼A1
▼B
▼M2
▼A1
▼M1
▼B
▼A1
▼B
▼M6
▼B
▼M6
(g) Disabled Person's Tax Credit (Social Security Contributions and Bene-
fits Act 1992, section 123(1)(c), Social Security Contributions and
Benefits (Northern Ireland) Act 1992, section 122(1)(c), and Tax Credits
Act 1999).
(h) Income-based allowances for jobseekers (Jobseekers Act 1995, 28 June
1995, Sections I (2) (d) (ii) and 3, and Jobseekers (Northern Ireland)
Order 1995, 18 October 1995, Articles 3 (2) (d) (ii) and 5).1971R1408 — EN — 01.05.2004 — 003.001 — 80
▼B
▼B
ANNEX III (A) (B) (6) (7) (12) (14) (15)
PROVISIONS OF SOCIAL SECURITY CONVENTIONS REMAINING
APPLICABLE NOTWITHSTANDING ARTICLE 6 OF THE REGULA-
TION — PROVISIONS OF SOCIAL SECURITY CONVENTIONS
WHICH DO NOT APPLY TO ALL PERSONS TO WHOM THE REGU-
LATIONAPPLIES
(Articles 7(2)(c)and3(3)oftheRegulation)
Generalcomments
1. In so far as the provisions contained in this Annex provide for references to
the provisions of other conventions, those references shall be replaced by
references to the corresponding provisions of this Regulation, unless the
provisions of the conventions in question are themselves contained in this
Annex.
2. The termination clause provided for in a social security convention, some of
whose provisions are contained in this Annex, shall continue to apply as
regards those provisions.
A.Provisions of social security conventions remaining applicable notwith-
standingArticle 6oftheRegulation. (Article 7 (2) (c) of the Regulation)
1. BELGIUM-CZECH REPUBLIC
No convention.
►A12.◄BELGIUM-DENMARK
No convention.
3. BELGIUM-GERMANY
(a) Articles 3 and 43 of the Final Protocol of 7 December 1957 to the
General Convention of that date, as in the Complementary Protocol
of 10 November 1960.
(b) Complementary Agreement No 3 of 7 December 1957 to the
General Convention of the same date, as in the Complementary
Protocol of 10 November 1960 (payment of pensions for the period
preceding the entry into force of the General Convention).
4. BELGIUM-ESTONIA
No convention.
5. BELGIUM-GREECE
Articles 15 (2), 35 (2) and 37 of the General Convention of 1 April
1958.
6. BELGIUM-SPAIN
None.
7. BELGIUM-FRANCE
(a) Articles 13, 16 and 23 of the Complementary Agreement of 17
January 1948 to the General Convention of that date (workers in
mines and similar undertakings).
(b) The exchange of letters of 27 February 1953 (application of Article
— (2) of the General Convention of 17 January 1948).
(c) The exchange of letters of 29 July 1953 an allowances to elderly
employed persons.
8. BELGIUM-IRELAND
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 81
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
9. BELGIUM-ITALY
Article 29 of the Convention of 30 April 1948.
10. BELGIUM-CYPRUS
No convention.
11. BELGIUM-LATVIA
No convention.
12. BELGIUM-LITHUANIA
No convention.
►A113.◄BELGIUM-LUXEMBOURG
Articles 2 and 4 of the Agreement of 27 October 1971 (Overseas social
insurance).
14. BELGIUM-HUNGARY
No convention.
15. BELGIUM-MALTA
No convention.
►A116.◄BELGIUM-NETHERLANDS
Articles 2 and 4 of the Agreement of 4 February 1969 (Overseas occu-
pation).
17. BELGIUM-AUSTRIA
(a) Article 4 of the Convention on social security of 4 April 1977 as
regards persons residing in a third State.
(b) Point III of the Final Protocol to the said Convention as regards
persons residing in a third State.
18. BELGIUM-POLAND
None.
►A119.◄BELGIUM-PORTUGAL
Articles 1 and 5 of the Convention of 13 January 1965 (Social insur-
ance for employees in the Belgian Congo and Rwanda-Urundi), in the
wording contained in the Agreement concluded by an exchange of
letters dated 18 June 1982.
20. BELGIUM-SLOVENIA
None.
21. BELGIUM-SLOVAKIA
No convention.
►A122.◄BELGIUM-FINLAND
No convention.
23. BELGIUM-SWEDEN
No convention.
24. BELGIUM-UNITED KINGDOM
None.
25. CZECH REPUBLIC-DENMARK
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 82
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼A1
26. CZECH REPUBLIC-GERMANY
No convention.
27. CZECH REPUBLIC-ESTONIA
No convention.
28. CZECH REPUBLIC-GREECE
None.
29. CZECH REPUBLIC-SPAIN
None.
30. CZECH REPUBLIC-FRANCE
None.
31. CZECH REPUBLIC-IRELAND
No convention.
32. CZECH REPUBLIC-ITALY
No convention.
33. CZECH REPUBLIC-CYPRUS
No convention.
34. CZECH REPUBLIC-LATVIA
No convention.
35. CZECH REPUBLIC-LITHUANIA
None.
36. CZECH REPUBLIC-SPAIN
None.
37. CZECH REPUBLIC-HUNGARY
None.
38. CZECH REPUBLIC-MALTA
No convention.
39. CZECH REPUBLIC-NETHERLANDS
No convention.
40. CZECH REPUBLIC-AUSTRIA
Article 32 (3) of the Convention on social security of 20 July 1999.
41. CZECH REPUBLIC-POLAND
None.
42. CZECH REPUBLIC-PORTUGAL
No convention.
43. CZECH REPUBLIC-SLOVENIA
None.
44. CZECH REPUBLIC-SLOVAKIA
Article 20 of the Convention on social security of 29 October 1992.
45. CZECH REPUBLIC-FINLAND
No convention.
46. CZECH REPUBLIC-SWEDEN
No convention.
47. CZECH REPUBLIC-UNITED KINGDOM
None.
►A148.◄DENMARK-GERMANY
(a) Point 15 of the Final Protocol to the Convention on social insur-
ances of 14 August 1953.
(b) The Complementary Agreement of 14 August 1953 to the Conven-
tion mentioned above.
49. DENMARK-ESTONIA
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 83
▼B
▼A1
▼A1
50. DENMARK-GREECE
No convention.
51. DENMARK-SPAIN
No convention.
52. DENMARK-FRANCE
None.
53. DENMARK-IRELAND
No convention.
54. DENMARK-ITALY
No convention.
55. DENMARK-CYPRUS
No convention.
56. DENMARK-LATVIA
No convention.
57. DENMARK-LITHUANIA
No convention.
►A158.◄DENMARK-LUXEMBOURG
No convention.
59. DENMARK-HUNGARY
No convention.
60. DENMARK-MALTA
No convention.
►A161.◄DENMARK-NETHERLANDS
No convention.
62. DENMARK-AUSTRIA
(a) Article 4 of the Convention on social security of 16 June 1987 as
regards persons residing in a third State.
(b) Point I of the Final Protocol to the said Convention as regards
persons residing in a third State.
63. DENMARK-POLAND
No convention.
►A164.◄DENMARK-PORTUGAL
No convention.
65. DENMARK-SLOVENIA
None.
66. DENMARK-SLOVAKIA
No convention.
►A167.◄DENMARK-FINLAND
Article 10 of the Nordic Convention on social security of 15 June
1992.1971R1408 — EN — 01.05.2004 — 003.001 — 84
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
68. DENMARK-SWEDEN
Article 10 of the Nordic Convention on social security of 15 June
1992.
69. DENMARK-UNITED KINGDOM
None.
70. GERMANY-ESTONIA
No convention.
►A171. GERMANY-GREECE ◄
(a) Article 5 (2) of the General Convention of 25 April 1961.
(b) Articles 8 (1), (2) (b) and (3), 9 to 11 and Chapters I and IV, in so
far as they concern these Articles, of the Convention on unemploy-
ment insurance of 31 May 1961, together with the note in the
minutes of 14 June 1980.
(c) Protocol of 7 October 1991 in conjunction with the Agreement of 6
July 1984 between the Government of the German Democratic
Republic and the Government of the Hellenic Republic on the
settlement of problems relating to pensions.
72. GERMANY-SPAIN
Articles 4 (1) and 45 (2) of the Social Security Convention of 4
December 1973.
73. GERMANY-FRANCE
(a) Articles 11 (1), 16 (second paragraph) and 19 of the General
Convention of 10 July 1950.
(b) Article 9 of Complementary Agreement No 1 of 10 July 1950 to
the General Convention of the same date (workers in mines and
similar undertakings).
(c) Complementary Agreement No 4 of 10 July 1950 to the General
Convention of the same date, as in added Section No 2 of 18
June 1955.
(d) Titles I and III of added Section No 2 of 18 June 1955.
(e) Points 6, 7 and 8 of the General Protocol of 10 July 1950 to the
General Convention of the same date.
(f) Titles II, III and IV of the Agreement of 20 December 1963 (social
security inthe Saar).
74. GERMANY-IRELAND
No convention.
75. GERMANY-ITALY
(a) Articles 3 (2), 23 (2), 26 and 36 (3) of the Convention of 5 May
1953 (social insurance).
(b) The Complementary Agreement of 12 May 1953 to the Convention
of 5 May 1953 (payment of pensions for the period preceding the
entry into force of the Convention).
76. GERMANY-CYPRUS
No convention.
77. GERMANY-LATVIA
No convention.
78. GERMANY-LITHUANIA
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 85
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
►A179.◄GERMANY-LUXEMBOURG
Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (Ausgleichsvertrag)
(settlement of the dispute between Germany and Luxembourg).
80. GERMANY-HUNGARY
(a) Articles 27 (3) and 40 (1) (b) of the Convention on social security
of 2 May 1998.
(b) Point 16 of the Closing Protocol to the said Convention.
81. GERMANY-MALTA
No convention.
►A182.◄GERMANY-NETHERLANDS
(a) Article 3 (2) of the Convention of 29 March 1951.
(b) Articles 2 and 3 of Complementary Agreement No 4 of 21
December 1956 to the Convention of 29 March 1951 (settlement
of rights acquired under the German social insurance scheme by
Dutch workers between13 May 1940 an d 1 September 1945).
83. GERMANY-AUSTRIA
(a) Article 41 of the Convention on social security of 22 December
1966 as amended by Complementary Conventions No 1 of 10
April 1969, No 2 of 20 March 1974 and No 3 of 29 August 1980.
(b) Paragraphs 3 (c), 3 (d), 17, 20 (a) and 21 of the Final Protocol to
the said Convention.
(c) Article 3 of the said Convention as regards persons residing in a
third State.
(d) Paragraph 3 (g) of the Final Protocol to the said Convention as
regards persons residing in a third State.
(e) Article 4 (1) of the Convention as regards the German legislation,
under which accidents (and occupational diseases) occurring
outside the territory of the Federal Republic of Germany, and
periods completed outside that territory, do not give rise to
payment of benefits or only give rise to payment of benefits, under
certain conditions, when those entitled to them reside outside the
territory of the Federal Republic of German y, incases inwhich:
(i) the benefit has already been paid or is payable on 1 January
1994;
(ii) the beneficiary has established his habitual residence in Austria
before 1 January 1994 and the payment of pensions due under
the pension and accident insurance begins prior to 31
December 1994;
this shall also apply to periods during which another pension,
including a survivor's pension was collected, replacing the
initial one, where the periods of collection follow each other
without interruption.
(f) Paragraph 19 (b) of the Final Protocol to the said Convention. In
applying Number 3 (c) of this provision the amount taken into
account by the competent institution shall not exceed the amount,
which is due in respect of the corresponding periods to be remun-
erated by this institution.
(g) Article 2 of Complementary Convention No 1 of 10 April 1969 to
the said Convention.
(h) Articles 1 (5) and 8 of the Convention on unemployment insurance
of 19 July 1978.
(i) Paragraph 10 of the Final Protocol to the said Convention.
84. GERMANY-POLAND
(a) Convention of 9 October 1975 on old-age and work-injury provi-
sions, under the conditions and the scope defined by Article 27
(2) to (4) of the Convention on social security of 8 December
1990.
(b) Articles 11 (3), 19 (4), 27 (5) and 28 (2) of the Convention on
social security of 8 December 1990.1971R1408 — EN — 01.05.2004 — 003.001 — 86
▼A1
▼B
▼A1
▼B
▼A1
▼B
►A185.◄GERMANY-PORTUGAL
Article 5 (2) of the Convention of 6 November 1964.
86. GERMANY-SLOVENIA
(a) Article 42 of the Convention on social security of 24 September
1997.
(b) Point 15 of the Final Protocol to the said Convention.
87. GERMANY-SWEDEN
No convention.
►A188.◄GERMANY-FINLAND
Article 4 of the Social Security Agreement of 28 April 1997.
89. GERMANY-SWEDEN
(a) Article 4 (2) of the Convention on social security of 27 February
1976.
(b) Point 8 (a) of the Final Protocol to the said Convention.
90. GERMANY-UNITED KINGDOM
(a) Articles 3 (1) and (6) and 7 (2) to (6) of the Convention on social
security of 20 April 1960.
(b) Articles 2 to 7 of the Final Protocol to the Convention on social
security of 20 April 1960.
(c) Articles 2 (5) and 5 (2) to (6) of the Convention on unemployment
insurance of 20 April 1960.
91. ESTONIA-GREECE
No convention.
92. ESTONIA-SPAIN
No convention.
93. ESTONIA-FRANCE
No convention.
94. ESTONIA-IRELAND
No convention.
95. ESTONIA-ITALY
No convention.
96. ESTONIA-CYPRUS
No convention.
97. ESTONIA-LATVIA
None.
98. ESTONIA-LITHUANIA
None.
99. ESTONIA-LUXEMBOURG
No convention.
100. ESTONIA-HUNGARY
No convention.
101. ESTONIA-MALTA
No convention.
102. ESTONIA-NETHERLANDS
No convention.
103. ESTONIA-AUSTRIA
No convention.
104. ESTONIA-POLAND
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 87
▼A1
▼B
▼M5
▼A1
▼B
▼A1
▼B
▼A1
▼A1
105. ESTONIA-PORTUGAL
No convention.
106. ESTONIA-SLOVAKIA
No convention.
107. ESTONIA-SLOVAKIA
No convention.
108. ESTONIA-FINLAND
None.
109. ESTONIA-SWEDEN
None.
110. ESTONIA-UNITED KINGDOM
No convention.
111. GREECE-SPAIN
No convention.
112. GREECE-FRANCE
Articles 16 (fourth subparagraph) and 30 of the General Convention of
19 April 1958.
113. GREECE-IRELAND
No convention.
114. GREECE-ITALY
No convention.
115. GREECE-CYPRUS
None.
116. GREECE-LATVIA
No convention.
117. GREECE-LITHUANIA
No convention.
►A1118.◄GREECE-LUXEMBOURG
No convention.
119. GREECE-HUNGARY
No convention.
120. GREECE-MALTA
No convention.
►A1121.◄GREECE-NETHERLANDS
Article 4 (2) of the General Convention of 13 September 1966.
122. GREECE-AUSTRIA
(a) Article 4 of the Convention on social security of 14 December
1979 as amended by the Complementary Convention of 21 May
1986 as regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.
123. GREECE-POLAND
None.1971R1408 — EN — 01.05.2004 — 003.001 — 88
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
►A1124.◄GREECE-PORTUGAL
No convention.
125. GREECE-SLOVENIA
No convention.
126. GREECE-SLOVAKIA
None.
►A1127.◄GREECE-FINLAND
Articles 5 (2) and 21 of the Convention on social security of 21 March
1988.
128. GREECE-SWEDEN
Articles 5 (2) and 23 of the Convention on social security of 5 May
1978 as amended by the Complementary Convention of 14 September
1984.
129. GREECE-UNITED KINGDOM
No convention.
►A1130.◄SPAIN-FRANCE
None.
131. SPAIN-IRELAND
No convention.
132. SPAIN-ITALY
Articles 5, 18 (1) (c) and 23 of the Convention on social security of 30
October 1979.
133. SPAIN-CYPRUS
No convention.
134. SPAIN-LATVIA
No convention.
135. SPAIN-LITHUANIA
No convention.
►A1136.◄SPAIN-LUXEMBOURG
(a) Article 5 (2) of the Convention of 8 May 1969.
(b) Article 1 of the Administrative Arrangement of 27 June 1975 for
the application of the Convention of 8 May 1969 to self-employed
persons.
137. SPAIN-HUNGARY
No convention.
138. SPAIN-MALTA
No convention.
►A1139.◄SPAIN-NETHERLANDS
Article 23 (2) of the Convention on social security of 5 February 1974.
140. SPAIN-AUSTRIA
(a) Article 4 of the Convention on social security of 6 November 1981
as regards persons residing in a third State.1971R1408 — EN — 01.05.2004 — 003.001 — 89
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼B
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.
141. SPAIN-POLAND
None.
►A1142.◄SPAIN-PORTUGAL
Articles 4 (2), 16 (2) and 22 of the General Convention of 11 June
1969.
143. SPAIN-SLOVENIA
No convention.
144. SPAIN-SLOVAKIA
No convention.
►A1145.◄SPAIN-FINLAND
Article 5 (2) of the Convention on social security of 19 December
1985.
146. SPAIN-SWEDEN
Articles 5 (2) and 16 of the Convention on social security of 4
February 1983.
147. SPAIN-UNITED KINGDOM
None.
►A1148.◄FRANCE-IRELAND
No convention.
149. FRANCE-ITALY
(a) Articles 20 and 24 of the General Convention of 31 March 1948.
(b) The exchange of letters of 3 March 1956 (sickness benefits for
seasonal workers employed in agriculture).
150. FRANCE-CYPRUS
No convention.
151. FRANCE-LATVIA
No convention.
152. FRANCE-LITHUANIA
No convention.
►A1153.◄FRANCE-LUXEMBOURG
Articles 11 and 14 of the Complementary Agreement of 12 November
1949 to the General Convention of the same date (workers in mines
and similar undertakings).
154. FRANCE-HUNGARY
No convention.
155. FRANCE-MALTA
No convention.
►A1156.◄FRANCE-NETHERLANDS
Article 11 of the Complementary Agreement of 1 June 1954 to the
General Convention of 7 January 1950 (workers in mines and similar
undertakings).1971R1408 — EN — 01.05.2004 — 003.001 — 90
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
157. FRANCE-AUSTRIA
None.
158. FRANCE-POLAND
None.
►A1159.◄FRANCE-PORTUGAL
None.
160. FRANCE-SLOVENIA
None.
161. FRANCE-SLOVAKIA
None.
►A1162.◄FRANCE-FINLAND
None.
163. FRANCE-SWEDEN
None.
164. FRANCE-UNITED KINGDOM
The exchange of letters of 27 and 30 July 1970 concerning the position
with regard to social security of United Kingdom teachers temporarily
pursing their profession in France by virtue of the Cultural Convention
of 2 March 1948.
►A1165. IRELAND-ITALY ◄
No convention.
166. IRELAND-CYPRUS
No convention.
167. IRELAND-LATVIA
No convention.
168. IRELAND-LITHUANIA
No convention.
►A1169.◄IRELAND-LUXEMBOURG
No convention.
170. IRELAND-HUNGARY
No convention.
171. IRELAND-MALTA
No convention.
►A1172.◄IRELAND-NETHERLANDS
No convention.
173. IRELAND-AUSTRIA
Article 4 of the Convention on social security of 30 September 1988 as
regards persons residing in a third State.
174. IRELAND-POLAND
No convention.
►A1175.◄IRELAND-PORTUGAL
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 91
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
176. IRELAND-SLOVENIA
No convention.
177. IRELAND-SLOVAKIA
No convention.
►A1178.◄IRELAND-FINLAND
No convention.
179. IRELAND-SWEDEN
No convention.
180. IRELAND-UNITED KINGDOM
Article 8 of the Agreement of 14 September 1971 on social security.
181. ITALY-CYPRUS
No convention.
182. ITALY-LATVIA
No convention.
183. ITALY-LITHUANIA
No convention.
►A1184.◄ITALY-LUXEMBOURG
Articles 18 (2) and 24 of the General Convention of 29 May 1951.
185. ITALY-HUNGARY
No convention.
186. ITALY-MALTA
No convention.
►A1187.◄ITALY-NETHERLANDS
Article 21 (2) of the General Convention of 28 October 1952.
188. ITALY-AUSTRIA
(a) Articles 5 (3) and 9 (2) of the Convention on social security of 21
January 1981.
(b) Article 4 of the said Convention and paragraph 2 of the Final
Protocol to the said Convention as regards persons residing in a
third State.
189. ITALY-POLAND
No convention.
►A1190.◄ITALY-PORTUGAL
No convention.
191. ITALY-SLOVENIA
(a) Agreement on regulation of mutual obligations in social insurance
with reference to paragraph 7 of Annex XIV to the Peace Treaty
(concluded by exchange of notes on 5 February 1959).
(b) Article 45(3) of the Convention on social security of 7 July 1997
concerning ex-Zone B of the Free Territory of Trieste.
192. ITALY-SLOVAKIA
No convention.
►A1193.◄ITALY-FINLAND
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 92
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
194. ITALY-SWEDEN
Article 20 of the Convention onsocial security of 25 September 1979.
195. ITALY-UNITED KINGDOM
None.
196. CYPRUS-LATVIA
No convention.
197. CYPRUS-LITHUANIA
No convention.
198. CYPRUS-LUXEMBOURG
No convention.
199. CYPRUS-HUNGARY
No convention.
200. CYPRUS-MALTA
No convention.
201. CYPRUS-NETHERLANDS
No convention.
202. CYPRUS-AUSTRIA
None.
203. CYPRUS-POLAND
No convention.
204. CYPRUS-PORTUGAL
No convention.
205. CYPRUS-SLOVENIA
No convention.
206. CYPRUS-SLOVAKIA
None.
207. CYPRUS-FINLAND
No convention.
208. CYPRUS-SWEDEN
No convention.
209. CYPRUS-UNITED KINGDOM
None.
210. LATVIA-LITHUANIA
None.
211. LATVIA-LUXEMBOURG
No convention.
212. LATVIA-HUNGARY
No convention.
213. LATVIA-MALTA
No convention.
214. LATVIA-NETHERLANDS
No convention.
215. LATVIA-AUSTRIA
No convention.
216. LATVIA-POLAND
No convention.
217. LATVIA-PORTUGAL
No convention.
218. LATVIA-SLOVENIA
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 93
▼B
▼A1
▼B
▼A1
▼A1
219. LATVIA-SLOVAKIA
No convention.
220. LATVIA-FINLAND
None.
221. LATVIA-SWEDEN
None.
222. LATVIA-UNITED KINGDOM
No convention.
223. LITHUANIA-LUXEMBOURG
No convention.
224. LITHUANIA-HUNGARY
No convention.
225. LITHUANIAMALTA
No convention.
226. LITHUANIA-NETHERLANDS
No convention.
227. LITHUANIA-AUSTRIA
No convention.
228. LITHUANIA-POLAND
No convention.
229. LITHUANIA-PORTUGAL
No convention.
230. LITHUANIA-SLOVENIA
No convention.
231. LITHUANIA-SLOVAKIA
No convention.
232. LITHUANIA-FINLAND
None.
233. LITHUANIA-SWEDEN
None.
234. LITHUANIA-UNITED KINGDOM
No convention.
235. LUXEMBOURG-HUNGARY
No convention.
236. LUXEMBOURG-MALTA
No convention.
►A1237.◄LUXEMBOURG-NETHERLANDS
None.
238. LUXEMBOURG-AUSTRIA
(a) Article 5 (2) of the Convention on social security of 21 December
1971 as amended by Complementary Conventions No 1 of 16 May
1973 and No 2 of 9 October 1978.
(b) Article 3 (2) of the said Convention as regards persons residing in
a third State.
(c) Point III of the Final Protocol to the said Convention as regards
persons residing in a third State.
239. LUXEMBOURG-POLAND
None.
►A1240.◄LUXEMBOURG-PORTUGAL
Article 3 (2) of the Convention of 12 February 1965.1971R1408 — EN — 01.05.2004 — 003.001 — 94
▼B
▼A1
▼B
▼A1
▼B
▼A1
241. LUXEMBOURG-SLOVENIA
None.
242. LUXEMBOURG-SLOVAKIA
No convention.
►A1243.◄LUXEMBOURG-FINLAND
Article 5 (2) of the Convention on social security of 15 September
1988.
244. LUXEMBOURG-SWEDEN
(a) Articles 4 and 29 (1) of the Convention on social security of 21
February 1985 as regards persons residing in a third State.
(b) Article 30 of the said Convention.
245. LUXEMBOURG-UNITED KINGDOM
None.
246. HUNGARY-MALTA
No convention.
247. HUNGARY-NETHERLANDS
None.
248. HUNGARY-AUSTRIA
Articles 23 (2) and 36 (3) of the Convention on social security of
31 March 1999.
249. HUNGARY-POLAND
None.
250. HUNGARY-PORTUGAL
No convention.
251. HUNGARY-SLOVENIA
Article 31 of the Convention on social security of 7 October 1957.
252. HUNGARY-SLOVAKIA
None.
253. HUNGARY-FINLAND
None.
254. HUNGARY-SWEDEN
None.
255. HUNGARY-UNITED KINGDOM
None.
256. MALTA-NETHERLANDS
No convention.
257. MALTA-AUSTRIA
No convention.
258. MALTA-POLAND
No convention.
259. MALTA-PORTUGAL
No convention.
260. MALTA-SLOVENIA
No convention.
261. MALTA-SLOVAKIA
No convention.
262. MALTA-FINLAND
No convention.
263. MALTA-SWEDEN
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 95
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼A1
264. MALTA-UNITED KINGDOM
None.
►A1265.◄LUXEMBOURG-AUSTRIA
(a) Article 3 of the Convention on social security of 7 March 1974 as
amended by the Complementary Convention of 5 November 1980
as regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.
266. NETHERLANDS-POLAND
No convention.
►A1267.◄NETHERLANDS-PORTUGAL
Articles 5 (2) and 31 of the Convention of 19 July 1979.
268. NETHERLANDS-SLOVENIA
None.
269. NETHERLANDS-SLOVAKIA
None.
►A1270.◄NETHERLANDS-FINLAND
No convention.
271. NETHERLANDS-SWEDEN
Articles 4 and 24 (3) of the Convention on social security of 2 July
1976 as regards persons residing in a third State.
272. NETHERLANDS-UNITED KINGDOM
None.
273. AUSTRIA-POLAND
Article 33(3) of the Convention on social security of 7 September
1998.
►A1274.◄AUSTRIA-PORTUGAL
None.
275. AUSTRIA-SLOVENIA
Article 37 of the Convention on social security of 10 March 1997.
276. AUSTRIA-SLOVAKIA
No convention.
►A1277.◄AUSTRIA-FINLAND
(a) Article 4 of the Convention on social security of 11 December
1985 as amended by the Complementary Convention of 9 March
1993 as regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.
278. AUSTRIA-SWEDEN
Convention on social security of 21 March 1996
279. AUSTRIA-UNITED KINGDOM
(a) Article 3 of the Convention on social security of 22 July 1980 as
amended by Complementary Conventions No 1 of 9 December1971R1408 — EN — 01.05.2004 — 003.001 — 96
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼M2
▼A1
▼B
▼B
1985 and No 2 of 13 October 1992 as regards persons residing in a
third State.
(b) Protocol concerning benefits in kind to the said Convention with
the exception of Article 2 (3) as regards persons who cannot claim
treatment under Chapter 1 of Title III of the Regulation.
280. POLAND-PORTUGAL
No convention.
281. POLAND-SLOVENIA
None.
282. POLAND-SLOVAKIA
None.
283. POLAND-FINLAND
No convention.
284. POLAND-SWEDEN
None.
285. POLAND-UNITED KINGDOM
None.
286. PORTUGAL-SLOVENIA
No convention.
287. PORTUGAL-SLOVAKIA
No convention.
►A1288.◄PORTUGAL-FINLAND
No convention.
289. PORTUGAL-SWEDEN
Article 6 of the Convention on social security of 25 October 1978.
290. PORTUGAL-UNITED KINGDOM
(a) Article 2 (1) of the Protocol onmedical treatmen t of 15 November
1978.
(b) As regards Portuguese employed persons, and for the period from
22 October 1987 to the end of the transitional period provided for
in Article 220 (1) of the Act relating to the conditions of accession
of Spain and Portugal: Article 26 of the Social Security Convention
of 15 November 1978, as amended by the Exchange of Letters of
28 September 1987.
291. SLOVENIA-SLOVAKIA
None.
292. SLOVENIA-FINLAND
No convention.
293. SLOVENIA-SWEDEN
None.
294. SLOVENIA-UNITED KINGDOM
None.
295. SLOVAKIA-FINLAND
No convention.
296. SLOVAKIA-SWEDEN
No convention.
297. SLOVAKIA-UNITED KINGDOM
None.
►A1298.◄FINLAND-SWEDEN
Article 10 of the Nordic Convention on social security of 15 June
1992.1971R1408 — EN — 01.05.2004 — 003.001 — 97
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
299. FINLAND-UNITED KINGDOM
None.
►A1300.◄SWEDEN-UNITED KINGDOM
Article 4 (3) of the Convention on social security of 29 June 1987.
B.ProvisionsofConventionswhichdonotapplytoallpersonstowhomthe
Regulationsapplies (Article 3 (3) of the Regulation)
1. BELGIUM-CZECH REPUBLIC
No convention.
►A12.◄BELGIUM-DENMARK
No convention.
3 ......
4. BELGIUM-ESTONIA
No convention.
5. BELGIUM-GREECE
None.
6. BELGIUM-SPAIN
None.
7. BELGIUM-FRANCE
(a) The exchange of letters of 29 July 1953 on allowances to elderly
employed persons.
(b) The exchange of letters of 27 February 1953 (application of Article
4 (2) of the General Convention of 17 January 1948).
8. BELGIUM-IRELAND
None.
9. BELGIUM-ITALY
None.
10. BELGIUM-CYPRUS
No convention.
11. BELGIUM-LATVIA
No convention.
12. BELGIUM-LITHUANIA
No convention.
►A113.◄BELGIUM-LUXEMBOURG
Articles 2 and 4 of the Agreement of 27 October 1971 (overseas social
security).
14. BELGIUM-HUNGARY
No convention.
15. BELGIUM-MALTA
No convention.
►A116.◄BELGIUM-NETHERLANDS
Articles 2 and 4 of the Agreement of 4 February 1969 (overseas occu-
pation).1971R1408 — EN — 01.05.2004 — 003.001 — 98
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
17. BELGIUM-AUSTRIA
(a) Article 4 of the Convention on social security of 4 April 1977 as
regards persons residing in a third State.
(b) Point III of the Final Protocol to the said Convention as regards
persons residing in a third State.
18. BELGIUM-POLAND
None.
►A119.◄BELGIUM-PORTUGAL
Articles 1 and 5 of the Convention of 13 January 1965 (social security
for employees of the Belgian Congo and Rwanda-Urundi) in the
wording that appears in the Agreement concluded by exchange of
letters dated 18 June 1982.
20. BELGIUM-SLOVENIA
None.
21. BELGIUM-SLOVAKIA
None.
►A122.◄BELGIUM-FINLAND
No convention.
23. BELGIUM-SWEDEN
No convention.
24. BELGIUM-UNITED KINGDOM
None.
25. CZECH REPUBLIC-DENMARK
No convention.
26. CZECH REPUBLIC-GERMANY
No convention.
27. CZECH REPUBLIC-ESTONIA
No convention.
28. CZECH REPUBLIC-GREECE
None.
29. CZECH REPUBLIC-SPAIN
None.
30. CZECH REPUBLIC-FRANCE
None.
31. CZECH REPUBLIC-IRELAND
No convention.
32. CZECH REPUBLIC-ITALY
No convention.
33. CZECH REPUBLIC-CYPRUS
None.
34. CZECH REPUBLIC-LATVIA
No convention.
35. CZECH REPUBLIC-LITHUANIA
None.
36. CZECH REPUBLIC-LUXEMBOURG
None.1971R1408 — EN — 01.05.2004 — 003.001 — 99
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼A1
37. CZECH REPUBLIC-HUNGARY
None.
38. CZECH REPUBLIC-MALTA
No convention.
39. CZECH REPUBLIC-NETHERLANDS
No convention.
40. CZECH REPUBLIC-AUSTRIA
Article 32 (3) of the Convention on social security of 20 July 1999.
41. CZECH REPUBLIC-POLAND
None.
42. CZECH REPUBLIC-PORTUGAL
No convention.
43. CZECH REPUBLIC-SLOVENIA
None.
44. CZECH REPUBLIC-SLOVAKIA
None.
45. CZECH REPUBLIC-FINLAND
No convention.
46. CZECH REPUBLIC-SWEDEN
No convention.
47. CZECH REPUBLIC-UNITED KINGDOM
No convention.
►A148.◄DENMARK-GERMANY
(a) Point 15 of the Final Protocol to the Convention on social insur-
ances of 14 August 1953.
(b) The Complementary Agreement of 14 August 1953 to the Conven-
tion mentioned above.
►A149. DENMARK-ESTONIA
No convention. ◄
50. DENMARK-GREECE
No convention.
51. DENMARK-SPAIN
No convention.
52. DENMARK-FRANCE
None.
53. DENMARK-IRELAND
No convention.
54. DENMARK-ITALY
No convention.
55. DENMARK-CYPRUS
No convention.
56. DENMARK-LATVIA
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 100
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼A1
57. DENMARK-LITHUANIA
No convention.
►A158.◄DENMARK-LUXEMBOURG
No convention.
►A159. DENMARK-HUNGARY
No convention.
60. DENMARK-MALTA
No convention. ◄
►A161.◄DENMARK-NETHERLANDS
No convention.
62. DENMARK-AUSTRIA
(a) Article 4 of the Convention on social security of 16 June 1987 as
regards persons residing in a third State.
(b) Point I of the Final Protocol to the said Convention as regards
persons residing in a third State.
63. DENMARK-POLAND
No convention.
►A164.◄DENMARK-PORTUGAL
No convention.
65. DENMARK-SLOVENIA
None.
66. DENMARK-SLOVAKIA
No convention.
►A167.◄DENMARK-FINLAND
None.
68. DENMARK-SWEDEN
None.
69. DENMARK-UNITED KINGDOM
None.
70. GERMANY-ESTONIA
No convention.
71. GERMANY-GREECE
Protocol of 7 October 1991 in conjunction with the Agreement of 6
July 1984 between the Government of the German Democratic
Republic and the Government of the Hellenic Republic on the settle-
ment of problems relating to pensions.
72. GERMANY-SPAIN
Article 4 (1) and 45 (2) of the Social Security Convention of 4
December 1973.1971R1408 — EN — 01.05.2004 — 003.001 — 101
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
73. GERMANY-FRANCE
(a) Articles 16 (second paragraph) and 19 on the General Convention
of 10 July 1950.
(b) Complementary Agreement No 4 of 10 July 1950 to the General
Convention of the same date, as in added Section No 2 of 18
June 1955.
(c) Titles I and III of added Section No 2 of 18 June 1955.
(d) Points 6, 7 and 8 of the General Protocol of 10 July 1950 to the
General Convention of the same date.
(e) Titles II, III and IV of the Agreement of 20 December 1963 (social
security inthe Saar).
74. GERMANY-IRELAND
No convention.
75. GERMANY-ITALY
(a) Articles 3 (2) and 26 of the Convention of 5 May 1952 (social
insurance).
(b) The Complementary Agreement of 12 May 1953 to the Convention
of 5 May 1953 (payment of pensions for the period prior to the
entry into force of the Convention).
76. GERMANY-CYPRUS
No convention.
77. GERMANY-LATVIA
No convention.
78. GERMANY-LITHUANIA
No convention.
►A179.◄GERMANY-LUXEMBOURG
Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (settlement of the
dispute between Germany and Luxembourg).
80. GERMANY-HUNGARY
Point 16 of the Closing Protocol to the Convention on social security
of 2 May 1998.
81. GERMANY-MALTA
No convention.
►A182.◄GERMANY-NETHERLANDS
(a) Article 3 (2) of the Convention of 29 March 1951.
(b) Articles 2 and 3 of Complementary Agreement No 4 of 21
December 1956 to the Convention of 29 March 1951 (settlement
of rights acquired under the German social insurance scheme by
Dutch workers between13 May 1940 an d 1 September 1945).
83. GERMANY-AUSTRIA
(a) Article 41 of the Convention on social security of 22 December
1966 as amended by Complementary Conventions No 1 of 10
April 1969, No 2 of 29 March 1974 and No 3 of 29 August 1980.
(b) Paragraph 20 (a) of the Final Protocol to the said Convention.
(c) Article 3 of the said Convention as regards persons residing in a
third State.
(d) Paragraph 3 (g) of the Final Protocol to the said Convention.
(e) Article 4 (1) of the Convention as regards the German legislation,
under which accidents (and occupational diseases) occurring
outside the territory of the Federal Republic of Germany, and
periods completed outside that territory, do not give rise to1971R1408 — EN — 01.05.2004 — 003.001 — 102
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼B
payment of benefits or only give rise to payment of benefits under
certain conditions, when those entitled to them reside outside the
territory of the Federal Republic of German y, incases inwhich:
(i) the benefit has already been paid or is payable on 1 January
1994;
(ii) the beneficiary has established his habitual residence in Austria
before 1 January 1994 and the payment of pensions due under
the pension and accident insurance begins prior to 31 December
1994;
this shall also apply to periods during which another pension,
including a survivor's pension was collected, replacing the initial
one, when the periods of collection follow each other without inter-
ruption.
(f) Paragraph 19 (b) of the Final Protocol to the said Convention. In
applying Number 3 (c) of this provision the amount taken into
account by the competent institution shall not exceed the amount
which is due in respect of the corresponding periods to be remun-
erated by this institution.
84. GERMANY-POLAND
None.
►A185.◄GERMANY-PORTUGAL
Article 5 (2) of the Convention of 6 November 1964.
86. GERMANY-POLANDSLOVENIA
(a) Article 42 of the Convention on social security of 24 September
1997.
(b) Point 15 of the Final Protocol to the said Convention.
87. GERMANY-SLOVAKIA
No convention.
►A188.◄GERMANY-FINLAND
Article 4 of the Social Security Agreement of 28 April 1997.
89. GERMANY-SWEDEN
Article 4 (2) of the Convention on social security of 27 February 1976.
90. GERMANY-UNITED KINGDOM
(a) Articles 3 (1) and (6) and 7 (2) to (6) of the Convention on social
security of 20 April 1960.
(b) Articles 2 to 7 of the Final Protocol to the Convention on social
security of 20 April 1960.
(c) Articles 2 (5) and 5 (2) to (6) of the Convention on unemployment
insurance of 20 April 1960.
91. ESTONIA-GREECE
No convention.
92. ESTONIA-SPAIN
No convention.
93. ESTONIA-FRANCE
No convention.
94. ESTONIA-IRELAND
No convention.
95. ESTONIA-ITALY
No convention.
96. ESTONIA-CYPRUS
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 103
▼A1
▼B
▼A1
▼B
▼M5
▼A1
▼B
▼A1
▼B
▼A1
▼A1
97. ESTONIA-LATVIA
No convention.
98. ESTONIA-LITHUANIA
No convention.
99. ESTONIA-LUXEMBOURG
No convention.
100. ESTONIA-HUNGARY
No convention.
101. ESTONIA-MALTA
No convention.
102. ESTONIA-NETHERLANDS
No convention.
103. ESTONIA-AUSTRIA
No convention.
104. ESTONIA-POLAND
No convention.
105. ESTONIA-PORTUGAL
No convention.
106. ESTONIA-SLOVENIA
No convention.
107. ESTONIA-SLOVAKIA
No convention.
108. ESTONIA-FINLAND
None.
109. ESTONIA-SWEDEN
None.
110. ESTONIA-UNITED KINGDOM
No convention.
111. GREECE-SPAIN
No convention.
112. GREECE-FRANCE
None.
113. GREECE-IRELAND
No convention.
114. GREECE-ITALY
No convention.
115. GREECE-CYPRUS
None.
116. GREECE-LATVIA
No convention.
117. GREECE-LITHUANIA
No convention.
►A1118.◄GREECE-LUXEMBOURG
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 104
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
119. GREECE-HUNGARY
No convention.
120. GREECE-MALTA
No convention.
►A1121.◄GREECE-NETHERLANDS
None.
122. GREECE-AUSTRIA
(a) Article 4 of the Convention on social security of 14 December
1979 as amended by the Complementary Convention of 21 May
1986 as regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.
123. GREECE-POLAND
None.
►A1124.◄GREECE-PORTUGAL
No convention.
125. GREECE-SLOVENIA
No convention.
126. GREECE-SLOVAKIA
None.
►A1127.◄GREECE-FINLAND
Article 5 (2) of the Convention on social security of 11 March 1988.
128. GREECE-SWEDEN
Article 5 (2) of the Convention on social security of 5 May 1978 as
amended by the Complementary Convention of 14 September 1984.
129. GREECE-UNITED KINGDOM
No convention.
►A1130.◄SPAIN-FRANCE
None.
131. SPAIN-IRELAND
No convention.
132. SPAIN-ITALY
Articles 5, 18 (1) (c) and 23 of the Convention on Social Security of 30
October 1979.
133. SPAIN-NETHERLANDSCYPRUS
No convention.
134. SPAIN-LATVIA
No convention.
135. SPAIN-LITHUANIA
No convention.
►A1136.◄SPAIN-LUXEMBOURG
(a) Article 5 (2) of the Convention of 8 May 1969.1971R1408 — EN — 01.05.2004 — 003.001 — 105
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼B
(b) Article 1 of the Administrative Arrangement of 27 June 1975 for
the application of the Convention of 8 May 1969 to self-employed
persons.
137. SPAIN-HUNGARY
No convention.
138. SPAIN-MALTA
No convention.
►A1139.◄SPAIN-NETHERLANDS
Article 23 (2) of the Convention on Social Security of 5 February
1974.
140. SPAIN-AUSTRIA
(a) Article 4 of the Convention on social security of 6 November 1981
as regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.
141. SPAIN-POLAND
None.
►A1142.◄SPAIN-PORTUGAL
Articles 4 (2), 16 (2) and 22 of the General Convention of 11 June
1969.
143. SPAIN-SLOVENIA
No convention.
144. SPAIN-SLOVAKIA
No convention.
►A1145.◄SPAIN-FINLAND
Articles 5 (2) of the Convention on social security of 19 December
1985.
146. SPAIN-SWEDEN
Articles 5 (2) and 16 of the Convention on social security of 4
February 1983.
147. SPAIN-UNITED KINGDOM
None.
►A1148.◄FRANCE-IRELAND
No convention.
149. FRANCE-ITALY
Articles 20 and 24 of the General Convention of 31 March 1948.
150. FRANCE-CYPRUS
No convention.
151. FRANCE-LATVIA
No convention.
152. FRANCE-LITHUANIA
No convention.
►A1153.◄FRANCE-LUXEMBOURG
None.1971R1408 — EN — 01.05.2004 — 003.001 — 106
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
154. FRANCE-HUNGARY
No convention.
155. FRANCE-MALTA
No convention.
►A1156.◄FRANCE-NETHERLANDS
None.
157. FRANCE-AUSTRIA
None.
158. FRANCE-POLAND
None.
►A1159.◄FRANCE-PORTUGAL
None.
160. FRANCE-SLOVENIA
None.
161. FRANCE-SLOVAKIA
None.
►A1162.◄FRANCE-FINLAND
No convention.
163. FRANCE-SWEDEN
None.
164. FRANCE-UNITED KINGDOM
The exchange of letters of 27 and 30 July 1970 concerning the position
with regard to social security of United Kingdom teachers temporarily
pursuing their profession in France by virtue of the Cultural Conven-
tionof 2 March 1948.
►A1165.◄IRELAND-ITALY
No convention.
166. IRELAND-CYPRUS
No convention.
167. IRELAND-LATVIA
No convention.
168. IRELAND-LITHUANIA
No convention.
►A1169.◄IRELAND-LUXEMBOURG
No convention.
170. IRELAND-HUNGARY
No convention.
171. IRELAND-MALTA
No convention.
►A1172.◄IRELAND-NETHERLANDS
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 107
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
173. IRELAND-AUSTRIA
Article 4 of the Convention on social security of 30 September 1988 as
regards persons residing in a third State.
174. IRELAND-POLAND
No convention.
►A1175.◄IRELAND-PORTUGAL
No convention.
176. IRELAND-SLOVENIA
No convention.
177. IRELAND-SLOVAKIA
No convention.
►A1178.◄IRELAND-FINLAND
No convention.
179. IRELAND-SWEDEN
No convention.
180. IRELAND-UNITED KINGDOM
None.
181. ITALY-CYPRUS
No convention.
182. ITALY-LATVIA
No convention.
183. ITALY-LITHUANIA
No convention.
►A1184.◄ITALY-LUXEMBOURG
None.
185. ITALY-HUNGARY
No convention.
186. ITALY-MALTA
No convention.
►A1187.◄ITALY-NETHERLANDS
None.
188. ITALY-AUSTRIA
(a) Articles 5 (3) and 9 (2) of the Convention on social security of 21
January 1981.
(b) Article 4 of the said Convention and paragraph 2 of the Final
Protocol to the said Convention as regards persons residing in a
third State.
189. ITALY-POLAND
No convention.
►A1190.◄ITALY-PORTUGAL
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 108
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
191. ITALY-SLOVENIA
(a) Agreement on regulation of mutual obligations in social insurance
with reference to paragraph 7 of Annex XIV to the Peace Treaty
(concluded by exchange of notes on 5 February 1959).
(b) Article 45(3) of the Convention on social security of 7 July 1997
concerning ex-Zone B of the Free Territory of Trieste.
192. ITALY-SLOVAKIA
No convention.
►A1193.◄ITALY-FINLAND
No convention.
194. ITALY-SWEDEN
Article 20 of the Convention on social security of 25 September 1979.
195. ITALY-UNITED KINGDOM
None.
196. CYPRUS-LATVIA
No convention.
197. CYPRUS-LITHUANIA
No convention.
198. CYPRUS-LUXEMBOURG
No convention.
199. CYPRUS-HUNGARY
No convention.
200. CYPRUS-MALTA
No convention.
201. CYPRUS-NETHERLANDS
No convention.
202. CYPRUS-AUSTRIA
None.
203. CYPRUS-POLAND
No convention.
204. CYPRUS-PORTUGAL
No convention.
205. CYPRUS-SLOVENIA
No convention.
206. CYPRUS-SLOVAKIA
No convention.
207. CYPRUS-FINLAND
No convention.
208. CYPRUS-SWEDEN
No convention.
209. CYPRUS-UNITED KINGDOM
No convention.
210. LATVIA-LITHUANIA
None.
211. LATVIA-LUXEMBOURG
No convention.
212. LATVIA-HUNGARY
No convention.
213. LATVIA-MALTA
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 109
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼A1
214. LATVIA-NETHERLANDS
No convention.
215. LATVIA-AUSTRIA
No convention.
216. LATVIA-POLAND
No convention.
217. LATVIA-PORTUGAL
No convention.
218. LATVIA-SLOVENIA
No convention.
219. LATVIA-SLOVAKIA
No convention.
220. LATVIA-FINLAND
None.
221. LATVIA-SWEDEN
None.
222. LATVIA-UNITED KINGDOM
No convention.
223. LITHUANIA-LUXEMBOURG
No convention.
224. LITHUANIA-HUNGARY
No convention.
225. LITHUANIA-MALTA
No convention.
226. LITHUANIA-NETHERLANDS
No convention.
227. LITHUANIA-AUSTRIA
No convention.
228. LITHUANIA-POLAND
No convention.
229. LITHUANIA-PORTUGAL
No convention.
230. LITHUANIA-SLOVENIA
No convention.
231. LITHUANIA-SLOVAKIA
No convention.
232. LITHUANIA-FINLAND
None.
233. LITHUANIA-SWEDEN
None.
234. LITHUANIA-UNITED KINGDOM
No convention.
235. LUXEMBOURG-HUNGARY
No convention.
236. LUXEMBOURG-MALTA
No convention.
►A1237.◄LUXEMBOURG-NETHERLANDS
None.1971R1408 — EN — 01.05.2004 — 003.001 — 110
▼B
▼A1
238. LUXEMBOURG-AUSTRIA
(a) Article 5 (2) of the Convention on social security of 21 December
1971 as amended by Complementary Conventions No 1 of 16 May
1973 and No 2 of 9 October 1978.
(b) Article 3 (2) of the said Convention as regards persons residing in
a third State.
(c) Point III of the Final Protocol to the said Convention as regards
persons residing in a third State.
239. LUXEMBOURG-POLAND
None.
►A1240.◄LUXEMBOURG-PORTUGAL
Article 3 (2) of the Convention of 12 February 1965.
241. LUXEMBOURG-SLOVENIA
None.
242. LUXEMBOURG-SLOVAKIA
No convention.
►A1243.◄LUXEMBOURG-FINLAND
Article 5 (2) of the Convention on social security of 15 September
1988.
244. LUXEMBOURG-SWEDEN
Articles 4 and 29 (1) of the Convention on social security of 21
February 1985 as regards persons residing in a third State.
245. LUXEMBOURG-UNITED KINGDOM
None.
246. HUNGARY-MALTA
No convention.
247. HUNGARY-NETHERLANDS
None.
248. HUNGARY-AUSTRIA
Article 36 (3) of the Convention on social security of 31 March 1999.
249. HUNGARY-POLAND
None.
250. HUNGARY-PORTUGAL
No convention.
251. HUNGARY-SLOVENIA
Article 31 of the Convention on social security of 7 October 1957.
252. HUNGARY-SLOVAKIA
None.
253. HUNGARY-FINLAND
None.
254. HUNGARY-SWEDEN
None.
255. HUNGARY-UNITED KINGDOM
None.
256. MALTA-NETHERLANDS
No convention.
257. MALTA-AUSTRIA
No convention.1971R1408 — EN — 01.05.2004 — 003.001 — 111
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼A1
258. MALTA-POLAND
No convention.
259. MALTA-PORTUGAL
No convention.
260. MALTA-SLOVENIA
No convention.
261. MALTA-SLOVAKIA
No convention.
262. MALTA-FINLAND
No convention.
263. MALTA-SWEDEN
No convention.
264. MALTA-UNITED KINGDOM
None.
►A1265.◄NETHERLANDS-AUSTRIA
(a) Article 3 of the Convention on social security of 7 March 1974 as
amended by the Complementary Convention of 5 November 1980
as regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.
266. NETHERLANDS-POLAND
No convention.
►A1267.◄NETHERLANDS-PORTUGAL
Article 5 (2) of the Convention of 19 July 1979.
268. NETHERLANDS-SLOVENIA
None.
269. NETHERLANDS-SLOVAKIA
None.
►A1270.◄NETHERLANDS-FINLAND
No convention.
271. NETHERLANDS-SWEDEN
Articles 4 and 24 (3) of the Convention on social security of 2 July
1976 as regards persons residing in a third State.
►A1272. NETHERLANDS-UNITED KINGDOM ◄
None.
273. AUSTRIA-POLAND
Article 33(3) of the Convention on social security of 7 September
1998.
►A1274.◄AUSTRIA-PORTUGAL
None.
►A1275. AUSTRIA-SLOVENIA
Article 37 of the Convention on social security of 10 March 1997.
276. AUSTRIA-SLOVAKIA
No convention. ◄
►A1277.◄AUSTRIA-FINLAND
(a) Article 4 of the Convention on social security of 11 December
1985 as amended by the Complementary Convention of 9 March
1993 as regards persons residing in a third State.
(b) Point II of the Final Protocol to the said Convention as regards
persons residing in a third State.1971R1408 — EN — 01.05.2004 — 003.001 — 112
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
278. AUSTRIA-SWEDEN
Article 5 of the Convention on social security of 21 March 1996
279. AUSTRIA-UNITED KINGDOM
(a) Article 3 of the Convention on social security of 22 July 1980 as
amended by Complementary Conventions No 1 of 9 December
1985 and No 2 of 13 October 1992 as regards persons residing in
a third State.
(b) Protocol concerning benefits in kind to the said Convention with
the exception of Article 2 (3) as regards persons who cannot claim
treatment under Chapter 1 of Title III of the Regulation.
280. POLAND-PORTUGAL
No convention.
281. POLAND-SLOVENIA
None.
282. POLAND-SLOVAKIA
None.
283. POLAND-FINLAND
No convention.
284. POLAND-SWEDEN
None.
285. POLAND-UNITED KINGDOM
None.
286. PORTUGAL-SLOVENIA
No convention.
287. PORTUGAL-SLOVAKIA
No convention.
►A1288.◄PORTUGAL-FINLAND
No convention.
289. PORTUGAL-SWEDEN
Article 6 of the Convention on social security of 25 October 1978.
290. PORTUGAL-UNITED KINGDOM
Article 2 (1) of the Protocol onmedical treatmen t of 15 November
1978.
291. SLOVENIA-SLOVAKIA
None.
292. SLOVENIA-FINLAND
No convention.
293. SLOVENIA-SWEDEN
None.
294. SLOVENIA-UNITED KINGDOM
None.
295. SLOVAKIA-FINLAND
No convention.
296. SLOVAKIA-SWEDEN
No convention.
297. SLOVAKIA-UNITED KINGDOM
None.1971R1408 — EN — 01.05.2004 — 003.001 — 113
▼M2
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
►A1298.◄FINLAND-SWEDEN
None.
299. FINLAND-UNITED KINGDOM
None.
►A1300.◄SWEDEN-UNITED KINGDOM
Article 4 (3) of the Convention on social security of 29 June 1987.1971R1408 — EN — 01.05.2004 — 003.001 — 114
▼A1
▼B
▼B
ANNEX IV (B) (11) (13) (15)
(Articles 37 (2), 38 (3), 45 (3), 46 (1) (b) and 46 b (2) of the Regulation)
A.Legislations referred to in Article 37 (1) of the Regulation under which
theamountofinvalidity benefitsisindependentofthe lengthofperiods
ofinsurance
A. BELGIUM
(a) Legislation relating to the general invalidity scheme, the special
invalidity scheme for miners and the special scheme for merchant
navy mariners.
(b) Legislation on insurance for self-employed persons against incapa-
city to work.
(c) Legislation relating to invalidity in the overseas social insurance
scheme and the invalidity scheme for former employees of the
Belgian Congo and Rwanda-Urundi.
B. CZECH REPUBLIC
None.
C. DENMARK
None.
D. GERMANY
None.
E. ESTONIA
(a) Invalidity pensions granted before 1 April 2000 under the State
Allowances Act and which are retained under the State Pension
Insurance Act.
(b) National pensions granted on the basis of invalidity according to the
State Pension Insurance Act.
(c) Invalidity pensions granted according to the Defence Forces Service
Act, Police Service Act, Prosecutor's Office Act, Status of Judges
Act, Members of the Riigikogu Salaries, Pensions and Other Social
Guarantees Act and President of the Republic Official Benefits Act.
F. GREECE
Legislation relating to the agricultural insurance scheme.
G. SPAIN
Legislation relating to invalidity insurance under the general scheme and
under the special schemes, except the special schemes for civil servants,
the armed forces and the judicial administration.
H. FRANCE
1.Employed persons
All legislations on invalidity insurance, except for the legislation
concerning the invalidity insurance of the social security scheme for
miners.
2.Self-employed persons
The legislation on invalidity insurance for persons self-employed in
agriculture.
I. IRELAND
Part II, Chapter 15, of the Social Welfare (Consolidation) Act 19931971R1408 — EN — 01.05.2004 — 003.001 — 115
▼A1
▼B
▼A1
▼B
▼A1
▼A1
▼M3
▼A1
▼B
▼A1
▼M2
▼A1
J. ITALY
None.
K. CYPRUS
None.
L. LATVIA
Article 16 (1) (2) of the Law on State Pensions of 1 January 1996.
M. LITHUANIA
None.
N. LUXEMBOURG
None.
O. HUNGARY
None.
P. MALTA
None.
Q. THE NETHERLANDS
(a) The law of 18 February 1966 on insurance against incapacity for
work, as amended.
(b) Law of 24 April 1997 on insurance against incapacity for work by
self-employed persons (WAZ), as amended
R. AUSTRIA
None.
S. POLAND
None.
T. PORTUGAL
None.
U. SLOVENIA
None.
V. SLOVAKIA
None.
W. FINLAND
National pensions to persons who are born disabled or become disabled
at an early age (the National Pensions Act (547/93)).
X. SWEDEN
None.
Y. UNITED KINGDOM
(a)Great Britain
Sections 15 and 36 of the Social Security Act 1975.Sections 14, 15 and 16 of the Social Security Pensions Act 1975.
(b)Northern Ireland
Sections 15 and 36 of the Social Security (Northern Ireland) Act
1975.1971R1408 — EN — 01.05.2004 — 003.001 — 116
▼B
▼A1
▼B
▼A1
▼B
▼M2
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼B
Articles 16, 17 and 18 of the Social security Pensions (Northern
Ireland) Order 1975.
B.Special schemes for self-employed persons within the meaning of Arti-
cles38(3)and45(3)ofRegulationNo1408/71
A. BELGIUM
None.
B. CZECH REPUBLIC
None.
C. DENMARK
None.
D. GERMANY
Old-age insurance for farmers (Alterssicherung für Landwirte).
E. ESTONIA
None.
F. GREECE
None.
G. SPAIN
Scheme for lowering the retirement age of self-employed persons
engaged in seafaring activities as described in Royal Decree No 2309
of 23 July 1970.
H. FRANCE
None.
I. IRELAND
None.
J. ITALY
Pension insurance schemes for (Assicurazione pensioni per):
— medical practitioners (medici),
— pharmacists (farmacisti),
— veterinarians (veterinari),
— midwives (ostetriche),— engineers and architects (ingegneri ed architetti),
— surveyors (geometri),
— solicitors and barristers (avvocati e procuratori),— economists (dottori commercialisti),
— accountants and industrial experts (ragionieri e periti commerciali),
— employment consultants (consulenti del lavoro),— notaries (notai),— customs agents (spedizionieri doganali).1971R1408 — EN — 01.05.2004 — 003.001 — 117
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
K. CYPRUS
None.
L. LATVIA
None.
M. LITHUANIA
None.
N. LUXEMBOURG
None.
O. HUNGARY
None.
P. MALTA
None.
Q. THE NETHERLANDS
None.
R. AUSTRIA
None.
S. POLAND
None.
T. PORTUGAL
None.
U. SLOVENIA
None.
V. SLOVAKIA
None.
W. FINLAND
None.
X. SWEDEN
None.
Y. UNITED KINGDOM
None.
C.CasesreferredtoinArticle46(1)(b)oftheRegulationwherethecalcu-
lationofbenefitinaccordancewithArticle46(2)oftheRegulationmay
bewaived
A. BELGIUM
None.
B. CZECH REPUBLIC
Invalidity (full and partial) and survivors' (widows', widowers' and
orphans') pensions.1971R1408 — EN — 01.05.2004 — 003.001 — 118
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼A1
C. DENMARK
All applications for pensions referred to in the law on social pensions,
except for pensions mentioned in Annex IV part D.
D. GERMANY
None.
E. ESTONIA
None.
F. GREECE
None.
G. SPAIN
None.
H. FRANCE
All applications for pension benefits or survivor's benefits under supple-
mentary pension schemes for employees, with the exception of
applications for old-age pensions or surviving partner's pensions under
the supplementary pension scheme for flying personnel employed in
civil aviation.
I. IRELAND
All applications for retirement pensions, old age (contributory) pensions,
widow's (contributory) pension and widower's (contributory) pension
J. ITALY
Invalidity, retirement and survivors pensions for employed persons and
for the following categories of self-employed persons: farmers farming
directly, share-croppers, farmers, craftsmen and persons engaged in
commercial activities.
K. CYPRUS
All applications for old-age, invalidity and widows' and widowers'
pensions.
L. LATVIA
None.
M. LITHUANIA
None.
N. LUXEMBOURG
None.
O. HUNGARY
Claims for old-age pension and invalidity pension when the applicant
obtained at least 20 years of insurance in Hungary. Claims for survivors'
benefits when the deceased person obtained a full pension exclusively
under Hungarian law.
P. MALTA
None.
Q. THE NETHERLANDS
All applications for old-age pensions under the law of 31 May 1956
governing general old-age insurance, as amended.1971R1408 — EN — 01.05.2004 — 003.001 — 119
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼M6
▼A1
▼M2
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
R. AUSTRIA
None.
S. POLAND
All applications for old-age, disability and survivors' pensions.
T. PORTUGAL
Invalidity, old-age and widows' pensions.
U. SLOVENIA
None.
V. SLOVAKIA
None.
W. FINLAND
None.
X. SWEDEN
All applications for old-age basic and supplementary pensions except
pensions mentioned in Annex IV D.
Y. UNITED KINGDOM
All applications for retirement and widow's pension determined pursuant
to the provisions of Title III, Chapter 3 of the Regulation, with the
exceptionof those for which:
(a) during a tax year beginning on or after 6 April 1975:
(i) the party concerned had completed periods of insurance,
employment or residence under the legislation of the United
Kingdom and of another Member State; and
(ii) one (or more) of the tax years referred to in (i) was not consid-
ered a qualifying year within the meaning of the legislation of
the United Kingdom;
(b) the periods of insurance completed under the legislation in force in
the United Kingdom for the periods prior to 5 July 1948 would be
taken into account for the purposes of Article 46 (2) of the Regula-
tion by application of the periods of insurance, employment or
residence under the legislation of another Member State.
D.Benefitsandagreementsreferred toinArticle 46b(2)oftheRegulation
1.Benefits referred to in Article 46b(2)(a) of the Regulation, the amount of
which is independent of the length of periods of insurance or residence
completed:
(a) The invalidity benefits provided for by the legislation referred to in part
A of this Annex.
(b) The full Danish national old-age pension acquired after 10 years' resi-
dence by persons who will have been awarded a pension by 1 October
1989 at the latest.
(c) The Estonian national pension granted according to the State Pension
Insurance Act, old-age pensions granted according to the State Audit
Act, Police Service Act and Prosecutor's Office Act and old-age and
survivors' pensions granted according to the Legal Chancellor Act,
Defence Forces Service Act, Status of Judges Act, Members of the
Riigikogu Salaries, Pensions and Other Social Guarantees Act and Presi-
dent of the Republic Official Benefits Act.
(d) The Spanish death allowances and survivors' pensions granted under the
general and special schemes.
(e) The widows' allowance under the widowhood insurance of the French
general social security system or the agricultural workers' system.1971R1408 — EN — 01.05.2004 — 003.001 — 120
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼A1
(f) The widowers' or widows' invalidity pension under the French general
social security system or the agricultural workers' system, whencalcu-
lated on the basis of the invalidity pension of a deceased spouse, paid
inaccordan ce with Article 46(1)(a)(i).
(g) The Netherlands survivors' pension under the Law of 21 December 1995
on general insurance for surviving dependants.
(h) Finnish national pensions determined according to the National Pensions
Act of 8 June 1956 and awarded under the transitional rules of the
National Pensions Act (547/93) and the additional amount of the child's
pension in accordance with the Survivors' Pension Act of 17 January
1969.
(i) The full Swedish basic pension awarded under the basic pension legisla-
tion which applied before 1 January 1993 and the full basic pension
awarded under the transitional rules to the legislation applying from
that date.1971R1408 — EN — 01.05.2004 — 003.001 — 121
ANNEX V (15)
CONCORDANCEBETWEENTHELEGISLATIONSOFMEMBERSTATESONCONDITIONSRELATINGTOTHEDEGREEOFINVALIDITY
(Article 40 (4) of the Regulation)
BELGIUM
Member StatesSchemes administered by Member States' institutions
who have taken a decision recognizing the degree of
invaliditySchemes administered by Belgian institutions on which the decision is binding in cases of concordance
General schemeMiners's scheme
Mariners' scheme OSSOM
General invalidity Occupational invalidity
FRANCE 1. General scheme
— Group III (constant attendance)/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance Concordance Concordance Concordance No concordance — Group II
— Group I
2. Agricultural scheme:
— Total, general invalidity/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance Concordance Concordance Concordance No concordance — Two - thirds general invalidity
— Constant attendance
3. Miners's scheme:
— Partial, general invalidity/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance Concordance Concordance Concordance No concordance— Constant attendance
— Occupational invalidity No concordance No concordance Concordance No concordance No concordance
4. Mariners's scheme:
— General invalidity/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance Concordance Concordance Concordance No concordance— Constant attendance
— Occupational invalidity No concordance No concordance No concordance No concordance No concordance
ITALY 1. General scheme:
— Invalidity - manual workers/C148/C147/C147/C147/C149/C147/C147/C147/C150No concordance Concordance Concordance Concordance No concordance— Invalidity - clerical staff
2. Mariners's scheme:
— Unfitness for seafaring No concordance No concordance No concordance No concordance No concordance
LUXEMBOURG Workers's invalidity — manual workers/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance Concordance Concordance Concordance No concordanceInvalidity — clerical staff▼B1971R1408 — EN — 01.05.2004 — 003.001 — 122
FRANCE
Member
StatesSchemes administered by
Member States' institutions
having taken a decision
recognizing the degree of
invaliditySchemes administered by French institutions on which the decision is binding in cases of concordance
General scheme Agricultural scheme Miner's scheme Mariner's scheme
Group I Group IIGroup III
Constant
attendance2/3 Inva-
lidityTotal inva-
lidityConstant
attendance2/3 General
invalidityConstant
attendanceOccupa-
tional inva-
lidity2/3 General
invalidityTotal occu-
pational
invalidityConstant
attendance
BELGIUM 1. General scheme Concor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo concor-
dance
2. Miner's scheme:
— partial general
invalidityConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo concor-
dance
— invalidité profes-
sionnelleNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceConcor-
dance (2)
3. Mariner's scheme Concor-
dance (1)No
concor-
danceNo
concor-
danceConcor-
dance (1)No
concor-
danceNo
concor-
danceConcor-
dance (1)No
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo concor-
dance
ITALY 1. General scheme:
— invalidity -
manual workersConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo concor-
dance
— occupational inva-
lidityConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo concor-
dance
2. Mariner's scheme
— unfitness for
seafaringNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo
concor-danceNo concor-
dance▼B1971R1408 — EN — 01.05.2004 — 003.001 — 123
Member
StatesSchemes administered by
Member States' institutions
having taken a decision
recognizing the degree of
invaliditySchemes administered by French institutions on which the decision is binding in cases of concordance
General scheme Agricultural scheme Miner's scheme Mariner's scheme
Group I Group IIGroup III
Constant
attendance2/3 Inva-
lidityTotal inva-
lidityConstant
attendance2/3 General
invalidityConstant
attendanceOccupa-
tional inva-
lidity2/3 General
invalidityTotal occu-
pational
invalidityConstant
attendance
LUXEM-
BOURGInvalidity — manual
workersConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceConcor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo concor-
dance
Invalidity — clerical
staffNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo
concor-
danceNo concor-
dance
(1) In so far as the invalidity recognized by the Belgian institutions is general invalidity.
(2) Only if the Belgian institution has recognized that the worker is unfit for work underground or at ground level.▼B1971R1408 — EN — 01.05.2004 — 003.001 — 124
ITALY
Member StatesSchemes administered by Member States institutions who have taken a decision recognizing the
degree of invaliditySchemes administered by Italian institutions on which the decision is binding in cases of
concordance
General schemeMariners Unfitness for navi-
gationManual workers Clerical staff
BELGIUM 1. General scheme No concordance No concordance No concordance
2. Miners' scheme:
— partial general invalidity Concordance Concordance No concordance— occupational invalidity No concordance No concordance No concordance
3. Mariners' scheme No concordance No concordance No concordance
FRANCE 1. General scheme:
— Group III (constant attendance)/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150No concordance — Group II
— Group I
2. Agricultural scheme:
— total general invalidity/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150No concordance — partial general invalidity
— constant attendance
3. Miners' scheme:
— partial general invalidity/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C149/C147/C147/C147/C150No concordance— constant attendance
— occupational invalidity No concordance No concordance No concordance
4. Mariners' scheme:
— partial general invalidity/C148/C147/C147/C147/C149/C147/C147/C147/C150No concordance/C148/C147/C147/C147/C149/C147/C147/C147/C150No concordance/C148/C147/C147/C147/C149/C147/C147/C147/C150No concordance— constant attendance
— occupational invalidity▼B1971R1408 — EN — 01.05.2004 — 003.001 — 125
LUXEMBOURG
Member StatesSchemes administered by institutions of Member States which have taken a decision recognizing the degree of
invaliditySchemes administered by Luxembourg institutions on which the decision
is binding in cases of concordance
Invalidity — manual workers Invalidity — clerical staff
BELGIUM 1. General scheme Concordance Concordance
2. Miners' scheme:
— partial general invalidity No concordance No concordance
— occupational invalidity No concordance No concordance
3. Régime des marins: Concordance (1) Concordance (1)
FRANCE 1. General scheme:
— Group III (constant attendance)/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance — Group II
— Group I
2. Agricultural scheme:
— total general invalidity/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Concordance — two-thirds general invalidity
— constant attendance
3. Miners' scheme
— two-thirds general invalidity/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance— constant attendance
— occupational invalidity No concordance No concordance
4. Mariners' scheme:
— partial general invalidity/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance/C148/C147/C147/C147/C149/C147/C147/C147/C150Concordance— constant attendance
— occupational invalidity No concordance No concordance
(1) In so far as the invalidity recognized by the Belgian institution is general invalidity.▼B1971R1408 — EN — 01.05.2004 — 003.001 — 126
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ANNEX VI (A) (B) (2) (7) (8) (9) (11) (12) (13) (14) (15)
SPECIAL PROCEDURES FOR APPLYING THE LEGISLATIONS OF
CERTAINMEMBERSTATES
A. BELGIUM
1. Persons whose entitlement to sickness insurance benefits in kind derives
from the provisions of the Belgian compulsory sickness and invalidity
scheme applicable to self-employed persons shall be eligible under the
provisions of Chapter 1 of Title III of the Regulation, including Article
35 (1), under the following conditions:
(a) In the event that they are temporarily resident in the territory of a
Member State other than Belgium, the persons concerned shall be
entitled:
(i) to the benefits in kind provided for under the legislation of the
Member State of temporary residence in respect of hospitaliza-
tioncare;
(ii) to reimbursement in respect of other benefits in kind provided
for under the Belgian scheme by the relevant Belgian institution
at the rate provided for under the legislation of the State of
temporary residence.
(b) In the event that they are permanently resident in the territory of a
Member State other than Belgium, the persons concerned shall be
entitled to the benefits in kind provided for under the legislation of
the Member State of permanent residence provided that they pay
the relevant Belgian institution the appropriate additional contribu-
tion provided for under Belgian regulations.
2. For the application of the provisions of Chapters 7 and 8 of Title III of
the Regulation by the competent Belgian institution, a child shall be
con sidered to have beenbrought up inthe Member State inwhose terri-
tory he resides.
3. For the purposes of Article 46 (2) of the Regulation, periods of old-age
insurance completed under Belgian legislation before 1 January 1945
shall also be considered as periods of insurance completed under the
Belgian legislation on the general invalidity scheme and the mariners'
scheme.
4. In applying Article 40 (3) (a) (ii), account shall only be taken of periods
during which the employed or self-employed person was incapable of
work within the meaning of Belgian legislation.
5. For the purposes of Article 46 (2) of the Regulation, periods of old-age
insurance completed by self-employed persons under Belgian legisla-
tion, prior to the entry into force of the legislation on the incapacity
for work of self-employed persons, shall be considered as periods
completed under the latter legislation.
6. Inorder to establish whether the requiremen ts imposed by Belgian
legislation for entitlement to unemployment benefits are fulfilled,
account shall be taken only of days of paid employment; however,
account shall be taken of days accepted as equivalent within the
meaning of the said legislation only in so far as the days worked which
preceded them were days of paid employment.
7. Pursuant to Articles 72 and 79 (1) (a) of the Regulation, account shall
be taken of periods of employment and/or periods of insurance
completed under the legislation of another Member State where entitle-
ment to benefit under Belgian legislation is subject to the condition that,
for a specified previous period, the qualifying conditions for family
benefits in the framework of the scheme for employment persons have
beenmet.
8. For the purposes of applying Article 14a (2), (3) and (4), 14c (a) and
14d of Regulation (EEC) No 1408/71, business revenues in the refer-
ence year which serve as a basis for determining the contributions due
by virtue of the social arrangements for self-employed persons shall be
calculated using the mean annual rate for the year during which this
income was received.
The rate of conversion is the annual mean of the conversion rates
published inthe Official Journal of the European Communities pursuant
to Article 107 (5) of Regulation(EEC) No 547/72.
9. In the calculation of the theoretical amount of an invalidity pension, as
referred to in Article 46 (2) of the Regulation, the competent Belgian1971R1408 — EN — 01.05.2004 — 003.001 — 127
▼B
institution shall take as its basis the income received in the profession
last exercised by the person concerned.
10. Any employed person or self-employed person who is no longer insured
in Belgium under the sickness and invalidity insurance legislation —
which also makes the grant of the right to benefits conditional upon
the person concerned being insured when the risk materializes — shall
be considered to be still insured when the risk materializes, for the
purposes of implementation of Chapter 3 of Title III of the Regulation,
if he is insured for the same risks under the legislation of another
Member State.
11. If the person concerned is entitled to a Belgian invalidity benefit under
Article 45 of the Regulation, that benefit shall be awarded in accor-
dance with the rules laid down by Article 46 (2) of the Regulation:
(a) In accordance with the provisions laid down by the Law of 9
August 1963 on the establishment and organization of a compulsory
sickness and invalidity insurance scheme if, at the time of occur-
rence of the incapacity for work, he was insured for the same risk
under the legislation of another Member State as an employed
person within the meaning of Article 1 (a) of the Regulation.
(b) In accordance with the provisions laid down by the Royal Decree of
20 July 1971 on the establishment of an insurance scheme against
incapacity for work for self-employed persons if, at the time ofoccurrence of the incapacity for work, he was a self-employed
person within the meaning of Article 1 (a) of the Regulation.
12. The harmful event referred to in Article 1 of the Law of 9 March 1953
making certain adjustments to military pensions and granting free
medical care and prescriptions to servicemen invalided in peacetime
shall constitute an accident at work or occupational disease within the
meaning of Chapter 4 of Title III of the Regulation.
B. CZECH REPUBLIC
None.
C. DENMARK
None.
D. GERMANY
1. The provisions of Article 10 of the Regulation are without prejudice to
the provisions under which accidents (and occupational diseases) occur-
ring outside the territory of the Federal Republic of Germany, and
periods completed outside that territory, do not give grounds for bene-
fits, or do so only subject to certain conditions, when the persons
concerned are resident outside the territory of the Federal Republic of
Germany.
2. (a) The standard period for allocation (pauschale Anrechnungszeit)
shall be determined exclusively with reference to German periods.
(b) For the purpose of taking into account German pension periods for
miners′pension insurance, only German legislation shall apply.
(c) For the purpose of taking into account German substitute periods
(Ersatzzeiten), only German legislation shall apply.
3. If applicationof the Regulationor later regulation s onsocial security
places an exceptional burden on certain sickness insurance institutions,
this shall be compen sated for infull or inpart. The Germansickn ess
insurance liaison body — foreign countries (Krankenversicherung —
Ausland), Bonn, shall take decisions regarding such compensation by
common agreement with the other central federations of sickness funds.
The resources needed to implement the compensation shall be divided
among all the sickness insurance institutions in proportion to the
average number of members over the previous year
►
M5 ◄.
4. Article 7 of Book VI of the Social Code shall apply to nationals of the
other Member States and to stateless persons and refugees residing in
the territory of other Member States, according to the following rules.1971R1408 — EN — 01.05.2004 — 003.001 — 128
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If the general conditions are fulfilled, voluntary contributions may be
paid to the German pension insurance scheme:
(a) if the person concerned is domiciled or resident in the territory of
the Federal Republic of Germany;
(b) if the party concerned is domiciled or resident in the territory of
another Member State and has at some point previously contributed,
either compulsorily or voluntarily, to the German pension insurance
scheme;
(c) if the party concerned is a national of another Member State, is
domiciled or resident in the territory of a third Member State, has
contributed for at least 60 months to the German pension insurance
scheme or was eligible for voluntary insurance pursuant to Article
232 of Book VI of the Social Code, and is not compulsorily or
voluntarily insured under the legislation of another Member State.
5 .......6 .......7 .......8 .......9. Where the costs of benefits in kind which are granted by German insti-
tutions of the place of residence to pensioners or members of their
family who are insured with competent institutions of other Member
States must be refunded on the basis of monthly lump sums, such costs
shall, for the purpose of financial equalization among German institu-
tions of sickness insurance for pensioners, be treated as expenditure on
the German sickness insurance scheme for pensioners. The lump sums
refunded to the German institutions of the place of residence by the
competent institutions of other Member States shall be regarded as
receipts which must be taken into account in the aforementioned finan-
cial equalization.
10. In the case of self-employed persons, the award of unemployment assis-
tance (Arbeitslosenhilfe) shall be conditional on the person concerned
having, before reporting himself unemployed, worked for at least a
year mainly as a self-employed person in the territory of the Federal
Republic of Germany, and not having simply left that work temporarily.
11. Periods of insurance completed under the legislation of another Member
State, under a special old-age insurance scheme for farmers or, if no
such scheme exists, as farmers under the general scheme, shall be taken
into account to satisfy the conditions of minimum length of insurance
required for the person to be subject to contribution within the meaning
of Article 27 of the law on old-age insurance for farmers (Gesetz über
die Alterssicherung der Landwirte — GAL), always providing that:
(a) the declaration on which the obligation to pay contributions is
based shall have beenlodged withinthe prescribed time,
and
(b) before lodging the declaration, the person concerned shall have
been last subject to contribution under the old-age insurance scheme
for farmers inthe territory of the Federal Republic of German y.
12. Periods of compulsory insurance completed under the legislation of
another Member State, either under a special scheme for craftsmen, or,
if no such scheme exists, under a special scheme for self-employed
persons or under the general scheme, shall be taken into account to
justify the existence of the 18 years of compulsory contributions
required for exemption from compulsory affiliation to pension insurance
for self-employed craftsmen.
13. For the purpose of applying German legislation on compulsory sickness
insurance of pensioners as provided for in Article 5 (1) (ii) of Volume
V of the Social Insurance Code (Fünftes Sozialgesetzbuch — SGB V)
and Article 56 of the Sickness Insurance Reform Law (Gesundheitsre-
formgesetz), periods of insurance of residence completed under the
legislation of another Member State during which the person concerned
was entitled to sickness benefits in kind are taken into account, in so faras is necessary, as periods of insurance completed under German legis-
lation provided they do not overlap with periods of insurance completed
under that legislation.
14. For the grant of cash benefits pursuant to Article 47 (1) of Volume V of
The German Social Insurance Code (SGB V) and Articles 200 (2) and
561 (1) of the German Law on Social Insurance (Reichsversicherung-
sordnung — RVO), the German institutions shall determine the net
remuneration to be taken into account for the calculation of the benefits1971R1408 — EN — 01.05.2004 — 003.001 — 129
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as though the insured persons resided in the Federal Republic of
Germany.
15. Greek teachers who have civil servant status and who, by the fact that
they have taught inGermanschools, have con tributed to the compul-
sory German pension insurance scheme as well as to the special Greek
civil servant scheme and who ceased to be covered by compulsory
German insurance after 31 December 1978 may, on request, have the
compulsory contributions reimbursed in accordance with Article 210 of
Book VI of the Social Code. Applications for reimbursement of contri-
butions are to be introduced during the course of the year following the
date of entry into force of this provision. The party concerned may also
pursue his claim within the six calendar months following the date on
which he ceased to be subject to compulsory insurance.
Article 210 (6) of Book VI of the Social Code shall only apply with
regard to the periods during which compulsory contributions to the
pension insurance scheme were paid in addition to contributions to the
special Greek civil servant scheme and with regard to the allocation
periods immediately following the periods during which these compul-
sory contributions were paid.
1 6 .......17. For the grant of benefits to persons requiring in-depth and constant care
under Articles 53 et seq. of Volume V of the German Social Insurance
Code (SGB V), the institution of the place of residence shall, for the
provision of assistance in the form of benefits in kind, take account of
periods of insurance, employment or residence completed under the
legislationof an other Member State as if they were periods completed
under the legislation of another Member State as if they were periodscompleted under the legislation applicable to that institution.
18. A person in receipt of a pension under German legislation and a
pension under the legislation of another Member State shall be deemed,
for the purposes of applying Article 27 of the Regulation, to be entitled
to sickness and maternity benefits in kind if, under Article 8 (1), point
4, of Volume V of the German Social Insurance Code (SGB V), that
person is exempted from compulsory sickness insurance (Krankenversi-
cherung).
19. A period of insurance for child-rearing under German legislation is
valid even for a period during which the employed person concerned
brought up the child inan other Member State provided that person
was unable to engage in occupational activity by virtue of Article 6
(1) of the Protectionof Mothers Law (Mutterschutzgesetz) or took
parental leave under Article 15 of the federal Child-rearing Allowance
Law (Bundeserziehungsgeldgesetz) and did not engage in any minor
(geringfügig) employment within the meaning of Article 8 of SGB IV.
20. Where the provisions of German pension law in force on 31 December
1991 apply, the provisions of Annex VI shall also apply in the version
thereof inforce on31 December 1991.
21. (a) Insofar as they concern benefits in kind, Title III, Chapter 1,
sections 2 to 7 do not apply to persons who are entitled to benefits
in kind under a scheme for civil servants or persons treated as such
and who are not insured under the statutory sickness insurance
system.
(b) Where, however, a personcovered by a scheme for civil servan ts
resides in a Member State under whose legislation:
— the right to receive benefits in kind is not subject to conditions
of insurance or employment, and
— no pension is payable,
he shall be advised by his sickness institution to advise the appro-
priate authorities of the Member State of residence that he does not
wish to avail himself of rights to benefits in kind granted under the
national legislation in his Member State of residence. Where appro-
priate, this may be done with reference to Article 17a of the
Regulation.
22. Notwithstanding the provisions of point 21, in respect of benefits in
kind, the provisions of Article 27 of the Regulation shall be deemed to
apply to any person who is entitled to both a pension under Beamten-
versorgungsrecht and a pension under the legislation of another Member
State.
23. Chapter 4 does not apply to persons entitled to benefits in kind provided
by accident insurance cover for civil servants and persons treated as
such.1971R1408 — EN — 01.05.2004 — 003.001 — 130
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E. ESTONIA
None.
F. GREECE
1 .......
2. Law No 1469/84 concerning voluntary affiliation to the pension insur-
ance scheme for Greek nationals and foreign nationals of Greek origin,
is applicable to nationals of other Member States, stateless persons and
refugees residing in the territory of a Member State in accordance with
the second subparagraph.
Subject to the other conditions of this law being met, contributions may
be made:
(a) where the person concerned is domiciled or resides in the territory of
a Member State and has at some time in the past been compulsorily
affiliated to the Greek pension insurance scheme,
or
(b) regardless of the place of domicile or residence, where the person
concerned has either previously resided in Greece for 10 years,
whether consecutive or not, or has previously been subject to Greek
legislationwhether compulsorily or volun tarily for a period of 1 500
days.
3. Notwithstanding the relevant provisions applied by the OGA Regula-
tions, the periods during which benefits payable in respect of an
accident at work or of an occupational disease as defined in the legisla-
tionof Member States, which makes separate provisionfor such risks,
provided that they coincide with periods of employment in the agricul-
tural sector in Greece, shall be regarded as periods of insurance under
the legislation applied by the OGA within the meaning of Article 1 (r)
of the Regulation.
4. In the context of Greek legislation, the application of Article 49 (2) of
the Regulation is subject to the condition that the new calculation
referred to in the aforementioned Article shall not adversely affect the
interests of the person concerned.
5. Where the rules of the Greek auxiliary pension funds (‘ επικουρικά
ταµεία’) make provisionfor the recogn itionof compulsory old age
pension insurance periods completed with statutory Greek insurance
institutions (‘ κύριας ασφάλισης ’) these rules shall also apply to
compulsory pension insurance periods in the pension branch completed
under the legislation of any other Member State falling within the scope
of the Regulation.
6. Employed persons who were compulsorily affiliated until 31 December
1992 to a pension insurance scheme of a Member State other than
Greece and who are subject to compulsory Greek social insurance (base
statutory scheme) for the first time after 1 January 1993, shall be
regarded as ‘formerly insured persons’ in accordance with the provisions
of Law No 2084/92.
7. Serving or retired civil servants, persons treated as such and members of
their families, covered by a special health-care scheme, may receive sick-
ness and maternity benefits in kind in the event of immediate need
during a stay in the territory of another Member State or when travelling
there to receive care appropriate to their state of health with the prior
authorization of the competent Greek institution, in accordance with the
procedures laid down in Article 22 (1) (a) and (c), Article 22 (3), and in
Article 31 (a) of this Regulation, under the same conditions as employed
and self-employed persons covered by Greek social security legislation
(statutory schemes).
8. Article 22b shall apply by analogy to all civil servants, persons treated as
such and members of their families covered by a special Greek health-
care scheme.
7. (SIC! 9.) As regards civil servants and persons treated as such recruited
up to 31 December 1982, the provisions of Chapters 2 and 3 of Title III
of the Regulation shall apply by analogy if the persons concerned have
completed periods of insurance in another Member State within the
framework either of a special pension scheme for civil servants or
persons treated as such, or of a general scheme, provided that the persons
concerned have been employed as civil servants or as persons treated as
such in accordance with the provisions of Greek legislation.1971R1408 — EN — 01.05.2004 — 003.001 — 131
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8. (SIC! 10.) Application of the provisions of Articles 43a(2) and 51a(2),
where no pension rights have been acquired under a special scheme for
civil servants or persons treated as such, shall not prejudice the applica-
tion of Greek legislation (Code for civil and military pensions) regarding
transfer of insurance periods from a special scheme for civil servants to
the general insurance scheme for employed persons via the payment of
the required contribution.
G. SPAIN
1. The condition either of carrying on the activity of an employed or of a
self-employed person, or the condition of having previously been
compulsorily insured against the same contingency under a scheme orga-
nized for the benefit of employed or self-employed persons of the same
Member State, laid down in Article 1 (a) (iv) of this Regulation, will not
be required of persons who, in accordance with the provisions of Royal
Decree No 317/1985 of 6 February 1985, are affiliated voluntarily to the
general social security scheme in their capacity as an official or
employee serving an intergovernmental international organization.
2. In accordance with the principle of equal treatment, the benefits provided
for inRoyal Decree No 2805/79 of 7 December 1979 onvolun tary
affiliation to the general social security scheme shall be extended to the
nationals of the other Member States, refugees and stateless persons
residing in Community territory who, by taking up employment with an
international body, cease to be compulsorily affiliated to the Spanish
social security system.
3. (a) Inall Span ish social security schemes, with the exceptionof the
scheme for civil servants, the armed forces and the judicial adminis-
tration, any employed person or self-employed person who is no
longer insured under Spanish legislation shall be considered to be
still insured, when the risk materialises, for the purposes of imple-
menting the provisions of Chapter 3 of Title III of the Regulation,
if he is insured, under the legislation of another Member State at
the time of materialisationof the risk or, failin g that, inthe case
where a benefit is due for the same risk in pursuance of the legisla-
tion of another Member State. The latter condition shall be deemed
to have beenfulfilled, however, inthe case referred to inArticle
48(1).
(b) For the purposes of implementing the provisions of Chapter 3 of
Title III of the Regulation, the years which the worker lacks to reach
the pensionable or compulsory retirement age stipulated in point 4 of
Article 31 of the consolidated text of the Law on State Pensioners
will be taken into account as service performed only if at the time
of materialisationof the risk inrespect of which in validity or death
pensions are due, the beneficiary was covered by Spain's special
scheme for public servants or in an activity accorded like treatment
under that scheme.
4. (a) Under Article 47 of the Regulation, the calculation of the theoretical
Spanish benefit shall be carried out on the basis of the actual contri-
butions of the insured person during the years immediately preceding
payment of the last contribution to the Spanish social security.
(b) the amount of the pension obtained shall be increased by the amount
of the increases and revalorisations calculated for each subsequent
year, for pensions of the same nature
5. Periods completed inother Member States which must be calculated in
the special scheme for civil servants, the armed forces and the judicial
administration, will be treated in the same way, for the purposes of
Article 47 of the Regulation, as the periods closest in time covered as a
civil servant in Spain.
6. In the special scheme for civil servants, the armed forces and the judicial
administration, the expression “acto de servicio" (act of service) refers to
accidents at work and occupational diseases within the meaning of and
for the purposes of implementing the provisions of Chapter 4 of Title
III of the Regulation.
7. (a) Insofar as they concern benefits in kind, Title III, Chapter 1, sections
2 to 7 do not apply to beneficiaries of the special scheme for civil
servants, the armed forces and the judicial administration who are
covered under the Spanish “Mutualismo administrativo".1971R1408 — EN — 01.05.2004 — 003.001 — 132
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(b) Where, however, a personcovered by on e of these schemes resides
in a Member State under whose legislation:
— the right to receive benefits in kind is not subject to conditions of
insurance or employment, and
— no pension is payable,
he shall be advised by his sickness institution to advise the appro-
priate authorities of the Member State of residence that he does not
wish to avail himself of rights to benefits in kind granted under the
national legislation in his Member State of residence. Where appro-
priate, this may be done with reference to Article 17a of the
Regulation.
8. Notwithstanding the provisions of point 7, in respect of benefits in kind,
the provisions of Article 27 of the Regulation shall be deemed to apply
to any person who is entitled to both a pension under special schemes for
civil servants, the armed forces and the judicial administration and a
pension under the legislation of another Member State.
9. The Spanish special scheme for students (“Seguro Escolar") is not based,
for the recognition of benefits, on completion of periods of insurance,
employment and residence as those expressions are defined in Article
1(r), (s) and (sa) of the Regulation. The Spanish institutions cannot there-
fore issue the relevant certificates for the purposes of aggregating
periods.
Nevertheless, the Spanish special scheme for students will apply to
students who are nationals of other Member States and who are studying
in Spain, under the same conditions as students of Spanish nationality.
H. FRANCE
1. (a) The allowance for elderly employed persons, together with the
allowance for elderly self-employed persons, and the agricultural
old-age allowance shall be granted, under the conditions laid down
for French workers by French legislation to all employed or self-
employed persons who are nationals of other Member States and
who, at the time of making their claim, are resident in French terri-
tory.
(b) The same shall apply to refugees and stateless persons.
(c) The provisions of the Regulation shall not affect the provisions of
French legislation under which only periods of work as employed
persons or periods treated as such or, as appropriate, periods of
work as self-employed persons in the territories of the European
departments and the overseas departments (Guadeloupe, Guyana,
Martinique and Réunion) of the French Republic shall be taken into
consideration for acquisition of the right to the allowance for elderly
employed persons.
2. The special allowance and cumulative indemnity provided for by the
special legislationfor social security inthe min es shall be provided
only for workers employed in French mines.
3. Law No 65-555 of 10 July 1965 which grants to French nationals, who
are pursuing, or who have pursued, a professional or trade activity
abroad, the right to join the voluntary old-age insurance scheme, shall
apply to nationals of other Member States under the following condi-
tions:
— the professional or trade activity giving rise to voluntary insurance
under the French system should not be, or have been, pursued either
onFren ch territory or onthe territory of the Member State of which
the employed or self-employed person is a national,
— the employed or self-employed personmust produce eviden ce, when
making his claim, either that he has resided in France for at least 10
years, consecutive or not, or that he has been continuously subject to
French legislation on a compulsory or optional basis for the same
length of time.
The preceding conditions shall also hold good when applying to other
Member States' nationals the provisions which allow a French employed
worker pursuing his activity outside France voluntarily to join a French
supplementary pension scheme for employed workers either directly or
via his employer.1971R1408 — EN — 01.05.2004 — 003.001 — 133
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4. A person who is subject to French legislation pursuant to Article 14 (1)
or Article 14a (1) of the Regulationshall be en titled, inrespect of the
members of his family accompanying him in the territory of the Member
State in which he is pursuing an occupation, to the following family
benefits:
(a) the allowance for young children provided until the age of three
months;
(b) the family benefits provided in accordance with Article 73 of the
Regulation.
5. For the calculationof the theoretical amoun t referred to inArticle
46(2)(a) of the Regulation, in basic or supplementary schemes in which
old-age pensions are calculated on the basis of retirement points, the
competent institution shall take into account, in respect of each of the
years of insurance completed under the legislation of any other Member
State, the number of retirement points arrived at by dividing the number
of retirement points acquired under the legislation it applies by the
number of years corresponding to these points.
6. (a) Frontier workers who pursue the activities of employed persons in
the territory of a Member State other than France and who reside in
the French departments of Haut-Rhin, Bas-Rhin and Moselle, shall
be entitled in the territory of those departments to the benefits in
kind provided for by the local Alsace-Lorraine scheme set up by
Laws No 46-1428 of 12 June 1946 and No 67-814 of 25 September
1967, pursuant to Article 19 of the Regulation.
(b) These provisions shall apply by analogy to those entitled under Arti-
cles 25 (2) and (3) and 28 and 29 of the Regulation.
7. Notwithstanding Articles 73 and 74 of the Regulation, the housing allow-
ances, the home childcare allowance, the family allowance for the
employment of a registered child-minder and the parental child-rearing
allowance shall be granted only to persons concerned and to members
of their families residing in French territory
8. Any employed person who is no longer subject to French legislation
governing widowhood insurance under the French general social security
system or the agricultural workers' system shall be deemed to have the
status of an insured person under such legislation when the risk materia-
lizes, for the purposes of the implementation of the provisions of Chapter
3 of Title III of the Regulation, if that person is insured as an employed
person under the legislation of another Member State at the time of the
materializationof the risk or, failin g that, inthe case where a survivor's
benefit is due in pursuance of the legislation on employed persons of
another Member State. This condition shall be deemed to have been
fulfilled, however, inthe case referred to inArticle 48 (1).
9. The French legislation applicable to an employed worker or a former
employed worker for the purposes of applying Chapter 3 of Title III of
the Regulation is deemed to apply both to the basic old-age insurance
scheme(s) and to the supplementary pension scheme(s) to which the
person concerned has been subject.
I. IRELAND
1. Employed or self-employed persons, unemployed persons, pension clai-
mants and pensioners, together with members of their families, referred
to in Articles 19 (1), 22 (1) and (3), 25 (1) and (3), 26 (1), 28a, 29 and
31 of the Regulation, who are residing or staying in Ireland, shall be
entitled free of charge to all medical treatment provided for by Irish
legislation where the cost of this treatment is payable by the institution
of a Member State other thanIrelan d.
2. The members of the family of anemployed or self-employed person
who is subject to the legislationof a Member State other thanIrelan d
and who satisfies the conditions laid down by that legislation for entitle-
ment to benefits, account being taken, where appropriate, of Article 18
of the Regulation, shall be entitled free of charge, if they are resident in
Ireland, to all medical treatment provided for by Irish legislation.1971R1408 — EN — 01.05.2004 — 003.001 — 134
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The cost of such benefits shall be payable by the institution with which
the employed or self-employed personis in sured.
However, where the spouse of the employed or self-employed personor
the person looking after the children pursues a professional or trade
activity in Ireland, benefits for members of the family shall remain
payable by the Irish institution to the extent that entitlement to such
benefits is granted solely under the provisions of Irish legislation.
3. If anemployed personsubject to Irish legislationhas left the territory of
a Member State to proceed, inthe course of his employmen t, to the
territory of another Member State and sustains an accident before
arriving there, his entitlement to benefit in respect of the said accident
shall be established:
(a) as if this accident had occurred on the territory of Ireland,
and
(b) without taking into consideration his absence from the territory of
Ireland, when determining whether, by virtue of his employment,
he was insured under the said legislation.
4 .......
5. For the purpose of calculating the earnings for the granting of sickness
benefit or unemployment benefit under Irish legislation, an amount
equal to the average weekly wage inthat year, of male an d female
employed persons, as applicable, shall, notwithstanding Articles 23(1)
and 68(1) of the Regulation, be credited to the employed person in
respect of each week of employment completed as an employed person
under the legislation of another Member State during the prescribed
period
6. In applying Article 40 (3) (a) (ii), account shall only be taken of periods
during which the employed or self-employed person was incapable of
work within the meaning of Irish legislation.
7. For the purposes of Article 44 (2), anemployed personshall be deemed
to have expressly asked for postponement of the award of an old-age
pension to which he would be entitled under the legislation of Ireland
if, where retirement is a condition for receiving the old-age pension,
he has not retired.
8 .......9. An unemployed person returning to Ireland at the end of the period of
three months for which he continued to receive benefits under the legis-
lationof Irelan d inapplicationof Article 69 (1) of the Regulationshall
be entitled to apply for unemployment benefits notwithstanding Article
69 (2) if he satisfies the conditions laid down in the aforementioned
legislation.
10. A period of subjectionto Irish legislationinaccordan ce with Article 13
(2) (f) of the Regulationmay n ot:
(i) be taken into account under that provision as a period of subjection
to Irish legislationfor the purposes of Title III of the Regulation ,
nor
(ii) make Ireland the competent State for the provision of benefits
provided for inArticle 18, 38 or 39 (1) of the Regulation .
11. Entitlement to family income supplement solely under the legislation of
Ireland shall be suspended where, over the same period and in respect
of the same member of the family, family benefits are payable solely
under the legislation of the United Kingdom or up to the amount of
those benefits pursuant to Articles 73, 74, 77, 78 or 78a of the Regula-
tion.
J. ITALY
None.
K. CYPRUS
For the purpose of applying the provisions of Articles 18(1), 38, 45(1) to
(3), 64, 67(1) and (2) and 72 of the Regulation, for any period commencing
on or after 6 October 1980, a week of insurance under the legislation of the1971R1408 — EN — 01.05.2004 — 003.001 — 135
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Republic of Cyprus is determined by dividing the total insurable earnings
for the relevant period by the weekly amount of the basic insurable earnings
applicable in the relevant contribution year, provided that the number of
weeks so determined shall not exceed the number of calendar weeks in the
relevant period.
L. LATVIA
None.
M. LITHUANIA
None.
N. LUXEMBOURG
1. Notwithstanding Article 94 (2) of the Regulation, periods of insurance or
periods treated as such completed by employed persons or self-employed
persons under Luxembourg legislation for invalidity, old-age or death
pensions insurance either before 1 January 1946 or before an earlier
date stipulated by a bilateral convention shall be taken into consideration
for the purpose of applying this legislation only if the person concerned
demonstrates that he has completed six months of insurance under the
Luxembourg scheme after the date inquestion . Where several bilateral
conventions apply, periods of insurance or periods treated as such shall
be taken into consideration as from the earliest of these dates.
2. For the purpose of granting the fixed part of Luxembourg pensions,
periods of insurance completed under Luxembourg legislation by
employed or self-employed persons not residing in Luxembourg territory
shall, as from 1 October 1972, be treated as periods of residence.
3. The second subparagraph of Article 22 (2) of the Regulation does not
affect the provisions of Luxembourg legislation pursuant to which
authorization by the Sickness Fund for treatment abroad cannot berefused where the required treatment cannot be provided in the Grand
Duchy.
4. For the purpose of taking the insurance period provided for in Article
171 (7) of the Social Insurance Code (Code des Assurances Sociales)
into account, the Luxembourg institution shall recognize periods of insur-
ance completed by the person concerned under the legislation of any
other Member State as if they were periods completed under the legisla-
tion which it administers. Application of the foregoing provision shall be
subject to the condition that the person concerned last completed insur-
ance periods under Luxembourg legislation.
5. For a civil servant not subject to Luxembourg legislation at the time of
leaving the service, the basis for calculation for the award of a pension
shall be the final salary of the person concerned on leaving the Luxem-
bourg civil service, this salary being established in accordance with the
legislation in force at the time of maturity of the pension.
6. Where there is a move from a Luxembourg statutory scheme to a special
scheme for civil servants or persons treated as such in another Member
State, the provisions of Luxembourg legislation on retroactive insurance
shall be suspended.
7. Approval of periods by the Luxembourg statutory scheme shall be based
onperiods completed inLuxembourg alon e.
8. Persons covered by a health insurance scheme in the Grand Duchy of
Luxembourg who pursue their studies inan other Member State are
exempted from the requirement to join as a student under the legislation
of the country where they study.
O. HUNGARY
None.
P. MALTA
None.1971R1408 — EN — 01.05.2004 — 003.001 — 136
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Q. NETHERLANDS
1.Insurance for medical expenses
(a) As regards entitlement to benefits in kind under Netherlands legisla-
tion, persons entitled to benefits in kind shall mean persons who are
insured or co-insured under the insurance scheme covered by the
Netherlands law on sickness insurance funds for the purpose of the
implementation of Chapter 1 of Title III.
( b )......
(c) For the purposes of Articles 27 to 34 of the Regulation, the following
pensions shall be treated as pensions payable under the legal provi-
sions mentioned in subparagraphs (b) (invalidity) and (c) (old age) of
the declaration of the Kingdom of the Netherlands under Article 5 of
the Regulation:
— pensions awarded under the Law of 6 January 1966 ( Staatsblad
6) on a new ruling in respect of civil servants and their survivors
(Netherlands Civil Service Pensions Act) (Algemene burgerlijke
pensioenwet),
— pensions awarded under the Law of 6 October 1966 ( Staatsblad
445) on a new ruling in respect of pensions for military personnel
and their survivors (Military Pensions Act) (Algemene militaire
pensioenwet),
— pensions awarded under the Law of 15 February 1967 ( Staatsblad
138) on a new ruling in respect of pensions for employees of the
NV Nederlandse Spoorwegen (Netherlands Railway Company)
and their survivors (Railway Pensions Act) (Spoorwegpen-
sioenwet),
— pensions awarded under the Regulation governing conditions of
employment of the Netherlands Railway Company (Reglement
Dienstvoorwaarden Nederlandse Spoorwegen) (RDV 1964 NS),
or
— benefits in respect of a pension before the age of 65 under a
pension scheme designed to provide old-age assistance to
workers and former workers, or benefits in respect of an early
retirement pension from work under a scheme for early retire-
ment set up by the State or by or under an industrial agreement,
or a scheme to be designated by the Sickness Fund Council.
(d) Members of the family as referred to inArticle 19 (2) who reside in
the Netherlands and employed or self-employed workers and the
members of their families as referred to inArticle 22 (1) (b) an d
(3) read in conjunction with Article 22 (1) (b), and Articles 25 and
26 who are entitled to benefits under the legislation of another
Member State shall not be insured under the Algemene Wet Bijzon-
dere Ziektekosten (Law on general insurance against special medical
expenses) (AWBZ).
2.Application of Netherlands legislation on general old-age insurance
(Toepassing van de Nederlandse Algemene Ouderdomswet) (AOW)
(a) The reductionreferred to inArticle 13 (1) of the AOW shall n ot be
applied for calendar years or parts thereof before 1 January 1957
during which a recipient, not satisfying the conditions permitting
him to have such years treated as periods of insurance, resided in
the territory of the Netherlands between the ages of 15 years and 65
years, or during which, whilst residing in the territory of another
Member State, he pursued anactivity as anemployed personinthe
Netherlands for an employer established in that country.
By way of derogationfrom Article 7 of the AOW, person s who
resided or worked in accordance with the abovementioned conditions
only prior to 1 January 1957 shall also be regarded as being entitled
to a pension.
(b) The reductionreferred to inArticle 13 (1) of the AOW shall n ot
apply to calendar years or parts thereof prior to 2 August 1989
during which, between his 15th and 65th birthdays the person who
is or was married was not insured under the abovementioned legisla-
tion despite being resident in the territory of a Member State other
than the Netherlands, if these calendar years or parts thereof coin-
cide, on the one hand, with the periods of insurance completed by
the person's spouse under that legislation provided that the couple's
marriage subsisted during these periods, and, on the other, with the
calendar years or parts thereof to be taken into account under subpar-
agraph (a).1971R1408 — EN — 01.05.2004 — 003.001 — 137
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By way of derogationfrom Article 7 of the AOW, this personshall
be considered a pensioner.
(c) The reductionreferred to inArticle 13 (2) of the AOW shall n ot
apply to calendar years or parts thereof prior to 1 January 1957
during which the spouse of a pensioner who fails to satisfy the
conditions for having these years treated as periods of insurance
resided in the Netherlands between the spouse's 15th and 65th birth-
days or during which, despite being resident in the territory of
another Member State, the spouse pursued an activity as an
employed personinthe Netherlan ds for anemployer established in
the Netherlands.
(d) The reductionreferred to inArticle 13 (2) of the AOW shall n ot
apply to calendar years or parts thereof prior to 2 August 1989
during which, between his 15th and 65th birthdays, the pensioner's
spouse was resident in a Member State other than the Netherlandsand was not insured under the abovementioned legislation if these
calendar years or parts thereof coincide, on the one hand, with the
periods of insurance completed by the spouse under that legislation
provided that the couple's marriage subsisted during these periods,
and, on the other, with the calendar years or parts thereof to be taken
into account under subparagraph (a).
(e) The provisions referred to in (a), (b), (c) and (d) shall be applied
only if the person concerned has resided for six years in the territory
of one or more Member States after the age of 59 years and for as
long as that person is residing in the territory of one of these
Member States.
(f)►
M2By way of derogationfrom the provision s of Article 45(1) of
the law on general old-age insurance (AOW) and Article 63(1) of the
general law on insurance for surviving dependants (ANW), the
spouse of anemployed personor of a self-employed personcovered
by a compulsory insurance scheme, residing in a Member State other
than the Netherlands, shall be authorised to take out voluntary insur-
ance under that legislation, but only for the periods after 2 August
1989 durin g which the employed personor self-employed personis
or was compulsorily insured under the abovementioned legislation.
This authorisationceases onthe date of termin ationof the compul-
sory insurance of the employed person or self-employed person ◄
The aforementioned authorization shall not cease, however, where
the compulsory insurance of the employed person or the self-
employed person is terminated as a result of his death and where
his widow receives only a pension under the Netherlands legislation
on►M2general law on insurance for surviving dependants ◄
(AWW).
In any event, the authorization in respect of voluntary insurance
ceases onthe date onwhich the volun tarily in sured personreaches
the age of 65 years.
The contribution which has to be paid for the aforementioned volun-
tary insurance shall be determined for the spouse of an employed
personor of a self-employed personwho is compulsorily in sured
under the Netherlands legislation on general old-age insurance
(AOW) and the Netherlands ►M2general law on insurance for
surviving dependants ◄(AWW) in accordance with the provisions
relating to the determina- tion of the contribution of compulsory
insurance, subject to the condition that his/her income shall be
deemed to have beenreceived inthe Netherlan ds.
For the spouse for anemployed personor of a self-employed person
who was compulsorily insured on or after 2 August 1989 the contri-
bution shall be determined in accordance with the provisions relating
to the determination of the contribution for voluntary insurance under
the Netherlands legislation on general old-age insurance and the
Netherlands ►M2general law on insurance for surviving
dependants ◄
(g) The authorization referred to in (f) shall be granted only if the spouse
of anemployed personor of a self-employed personhas in formed
the Sociale Verzekeringsbank (Social Insurance Bank) not later than
one year after commencement of his/her compulsory insurance
period of the intention to take out voluntary insurance.
For the spouse of anemployed personor of a self-employed person
who was compulsorily insured immediately prior to or on 2 August
1989, the period of one year shall commence on the date of 2 August
1989.
The authorization referred to in point 4 of (f) may not be granted to a
spouse not residing in the Netherlands of an employed or self-1971R1408 — EN — 01.05.2004 — 003.001 — 138
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employed personto whom the provision s of Article 14 (1), Article
14a (1) or Article 17 of the Regulationapply if that spouse, inaccor-
dance with the provisions of Netherlands legislation alone, is or was
authorized to take out voluntary insurance.
(h) Points (a), (b), (c), (d) and (f) shall not apply either to those periods
which coincide with periods which may be taken into account for
calculating pension rights under the old-age insurance legislation of
a Member State other than the Netherlands or to those periods during
which the person concerned has drawn an old-age pension under
such legislation.
(i) For the purposes of Article 46 (2) of the Regulation, only periods of
insurance completed after the age of 15 years under the Netherlands
General Law on Old-Age Insurance (AOW) shall be taken into
account as periods of insurance.
3.Application of the Netherlands general law on insurance for surviving
dependants
(a) any employed person or self-employed person who is no longer
subject to Dutch legislation on general insurance for surviving
dependants shall be deemed to be insured under such legislation
whenthe risk materialises, for the purposes of the implemen tation
of the provisions of Chapter III of Title III of the Regulation, if that
person is insured under the legislation of another Member State for
the same risk or, failing that, in the case where a survivor's benefit
is due pursuant to the legislation of another Member State. The latter
condition shall be deemed to have been fulfilled, however, in the
case referred to inArticle 48(1)
(b) where, pursuant to subparagraph (a), a widow has the right to a
widow's pension under Dutch legislation on general insurance for
surviving dependants, that pension shall be calculated in accordance
with Article 46(2) of the Regulation
For the application of these provisions, the periods of insurance
completed before 1 October 1959 during which the employed person
or self-employed personresided inthe territory of the Netherlan ds
before attaining the age of 15 years or during which, while still resi-
dent on the territory of another Member State, he carried out a
gainful activity in the Netherlands for an employer established in
that country, shall also be regarded as periods of insurance
completed under the aforementioned Dutch legislation.
(c) Account shall not be taken of the periods to be taken into considera-
tion under subparagraph (b), which coincide with periods of
insurance completed under the legislation of another Member State
in respect of survivors' pensions.
(d) for the purposes of Article 46(2) of the Regulation, only periods of
insurance completed after the age of 15 years under Dutch legislation
shall be taken into account as periods of insurance
4.Application of the Netherlands laws relating to incapacity for work
(a) Any employed person or self-employed person who is no longer
insured under the Law of 18 February 1966 relating to insurance
against incapacity for work (WAO) and/or under the Law of 11
December 1975 relating to incapacity for work (AAW) ►M2and
the Law of 24 April 1997 on insurance against incapacity for work
by self-employed persons ◄shall be considered to be still insured
at the time of the materializationof the risk for the purposes of the
implementation of the provisions of Chapter 3 of Title III of the
Regulation, if he is insured for the same risk under the legislation
of another Member State or, failing that, in the case where a benefit
is due under the legislation of another Member State for the same
risk. The latter condition shall be considered to be fulfilled, however,
inthe case referred to inArticle 48 (1).
(b) If, pursuant to subparagraph (a), the person concerned is entitled to a
Dutch invalidity benefit, that benefit shall be awarded in accordance
with rules laid downby Article 46 (2) of the Regulation :
(i) in accordance with the provisions laid down by the abovemen-
tioned Law of 18 February 1966 (WAO), if, at the time of
occurrence of the incapacity for work he was insured for the
same risk under the legislation of another Member State as an1971R1408 — EN — 01.05.2004 — 003.001 — 139
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employed person within the meaning of Article 1 (a) of the
Regulation;
(ii) in accordance with the provisions laid down by the abovemen-
tioned ►M2Law of 24 April 1997 on insurance against
incapacity for work by self-employed persons ◄if, whenthe
incapacity for work arose, he:
— was insured for the risk under the legislation of another
Member State but not in the capacity of employed person
within the meaning of Article 1 (a) of the Regulation,
or
— was not insured for the risk under the legislation of another
Member State but can assert a claim to benefits under the
legislationof an other Member State.
►M2 ◄
(c) In the calculation of the benefits awarded in accordance with the
►M2Law of 24 April 1997 on insurance against incapacity for
work by self-employed persons ◄, the Dutch institutions shall take
account of:
— periods of paid employment and periods treated as such
completed inthe Netherlan ds before 1 July 1967,
— periods of insurance completed under the abovementioned Law
of 18 February 1966 (WAO),
— periods of insurance completed by the person concerned after the
age of 15 years under the abovementioned Law of 11 December
1975 (AAW) in so far as these do not coincide with the periods
of insurance completed under the abovementioned law of 18
February 1966 (WAO).
— periods of insurance completed in accordance with the Law of 24
April 1997 on insurance against incapacity for work for self-
employed persons (WAZ)
(d) In the calculation of the Netherlands invalidity benefit pursuant to
Article 40 (1) of the Regulation, the Dutch institutions do not take
account any supplements to be awarded under the provision of the
Law on supplements. The right to that supplement and the amount
thereof are calculated on ly onthe basis of the Law onsupplemen ts.
5.Application of Netherlands legislation on family allowances
(a) Anemployed onself-employed personto whom Netherlan ds legisla-
tion on family benefits becomes applicable during a quarter and who
was, on the first day of that quarter, subject to the corresponding
legislation of another Member State, shall be considered as being
insured as from that first day under Netherlands law.
(b) The amount of the family benefits which may be claimed by an
employed or self-employed person who is considered, pursuant to
(a), as being insured under Netherlands legislation on family benefits
shall be fixed in accordance with the detailed arrangements laid
down in the implementing Regulation referred to in Article 98 of
the Regulation.
6.Application of certain transitional provisions
Article 45 (1) shall not apply to the assessment of entitlement to benefits
under the transitional provisions of the legislations on general old-age
insurance (Article 46), on general insurance for widows and orphans
and on general insurance against incapacity for work.
7.Applicability of Title II of the Regulation to a ‘directeur-grootaandeel-
houder’ (director/major shareholder) of a limited company:
any person pursuing a self-employed activity in the Netherlands on
behalf of a limited company in which she/he has a ‘significant interest’
within the meaning of Netherlands legislation (i.e. an interest conferring
at least 50 % of voting rights) is deemed, for the purposes of the provi-
sions of Title II of the Regulation, to be employed.
R. AUSTRIA
1. For the purposes of applying the Regulation, Austrian legislation
regarding transfer of insurance periods by the payment of a transfer1971R1408 — EN — 01.05.2004 — 003.001 — 140
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sum shall remain in force when there is a change between a general
scheme and a special scheme for civil servants.
2. For the purpose of applying Article 46 (2) of the Regulation, increments
for contributions for supplementary insurance and the miner's supplemen-
tary benefit under Austrian legislation shall be disregarded. In these cases
the amount calculated according to Article 46 (2) of the Regulation shall
be increased by increments for contributions for supplementary insurance
and the miner's supplementary benefit.
3. For the purpose of applying Article 46 (2) of the Regulation, in applying
Austrian legislation the day relevant for a pension (Stichtag) shall be
considered as the date when the risk materializes.
4. The application of the provisions of the Regulation shall not have the
effect of reducing any entitlement to benefits by virtue of Austrian legis-
lationwith regard to person s who have suffered intheir social security
situation for political or religious reasons or for reasons of their descent.
5. The provisions of Article 22(1)(a) of the Regulation shall also apply to
persons with sickness insurance coverage under an Austrian law on
protectionfor special victims (Versorgun gsgesetze)
6. For the purposes of applying the Regulation, benefits under the Law on
protectionof the armed forces (Heeresversorgun gsgesetz — HVG) shall
be treated as benefits in respect of accidents at work and occupational
diseases.
7. Special assistance under the Special Assistance Act (‘Sonderunterstüt-
zungsgesetz’) of 30 November 1973 shall be considered as an old-age
pension for the purposes of applying the Regulation.
S. POLAND
For the purposes of applying Article 88 of the Teachers Charter of
26 January 1982, as regards the entitlement of teachers to early retirement,
periods of employment as a teacher completed under the legislation of
another Member State shall be regarded as periods of employment as a
teacher completed under Polish legislation, and the termination of an
employment relationship as a teacher effected under the legislation of
another Member State, shall be regarded as termination of an employment
relationship as a teacher under Polish legislation.
T. PORTUGAL
As regards persons covered by the special scheme for civil servants and
persons treated as such who no longer work for the Portuguese administra-
tionwhenthey retire or whentheir pen sionrights are determin ed, the last
salary received from that administration will be taken into account in order
to calculate the pension.
U. SLOVENIA
None.
V. SLOVAKIA
None.
W. FINLAND
1. In order to determine whether the period between the occurrence of the
pension contingency and the pensionable age (future period) should be
taken into account when calculating the amount of the Finnish employ-
ment pension, the periods of insurance or residence under the legislation
of another Member State shall be taken into consideration for the condi-
tion relating to residence in Finland.
2. Where employment or self-employment in Finland has terminated and
the contingency occurs during employment or self-employment in
another Member State and where the pension according to the Finnish
employment pension legislation no longer includes the period between
the contingency and the pensionable age (future period), periods of insur-1971R1408 — EN — 01.05.2004 — 003.001 — 141
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ance under the legislation of another Member State shall be taken into
consideration for the requirement of the future period as if they were
periods of insurance in Finland.
3. When, under the legislation of Finland, an increment is payable by an
institution in Finland because of a delay in processing a claim for a
benefit, a claim submitted to an institution of another Member State
shall, for the purpose of applying the provisions of the Finnish legislation
relating to such increment, be considered to have been presented on the
date when that claim, along with all necessary enclosures, reaches the
competent institution in Finland.
4. An employed or self-employed person who is no longer insured under
the National Pensions scheme is regarded, when applying the provisions
of Title III, Chapter 3 of this Regulation, as retaining the status of an
insured person if, when the risk materialises, he or she was insured under
the legislation of another Member State or, if this was not the case, he or
she is entitled, in respect of the same risk, to a pension under the legisla-
tion of another Member State. However, the latter requirement is deemed
to have beenfulfilled inthe case referred to inArticle 48(1)
5. Where a person belonging to a special scheme for civil servants is resi-
dent in Finland and:
(a) the provisions of Title III, Chapter I, sections 2 to 7 do not apply;
and
(b) the person in question is not entitled to a pension from Finland,
he shall be liable for the costs of benefits in kind granted to him or his
family members in Finland insofar as they are covered by the special
scheme for civil servants and by the personal insurance arrangement
supplementing it.
X. SWEDEN
1. For the application of Article 72 of the Regulation, a person's entitlement
to parental benefit shall be determined by regarding insurance periods
completed in another Member State as being based on the same average
income as the Swedish insurance periods with which they are aggregated.
2. The provisions of the Regulation on the aggregation of insurance or resi-
dence periods shall not apply to the transitional rules of the Swedish
legislation on the right to a more favourable calculation of basic pensions
for persons residing in Sweden for a specified period preceding the date
of the claim.
3. For the purpose of establishing the entitlement to an invalidity or survi-
vor's pension partly based on future assumed insurance periods a person
shall be considered to meet the insurance and income requirements of the
Swedish legislationwhencovered as anemployed or self-employed
person by an insurance or residence scheme of another Member State.
4. Years of care of small children shall, according to prescribed conditions
of the Swedish legislation, be considered as insurance periods for supple-
mentary pension purposes even when the child and the person concerned
are residing in another Member State, provided that the person taking
care of the child is on parental leave under the provisions of the Law
onRight to Leave for Child Rearin g.
5. A person covered by a special scheme for civil servants who is resident
in Sweden, and:
(a) to whom the provisions of Title III, Chapter 1, sections 2 to 7 do not
apply, and
(b) who is not entitled to a Swedish pension,
shall be liable to pay for medical care provided inSwedenat the rates
which according to Swedish legislation apply for non-residents insofar
as the care provided is covered by the special scheme concerned and/or
by the personal insurance scheme supplementing it. This also applies to
the spouse and children under the age of 18 of such a person.1971R1408 — EN — 01.05.2004 — 003.001 — 142
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Y. UNITED KINGDOM
1. When a person who is normally resident in Gibraltar, or who has been
required, since he last arrived in Gibraltar, to pay contributions under
the legislationof Gibraltar as anemployed person , applies, as a result
of incapacity to work, maternity or unemployment, for exemption
from the payment of contributions over a certain period, and asks for
contributions for that period to be credited to him, any period during
which that personhas beenworkin g inthe territory of a Member State
other than the United Kingdom shall, for the purposes of his applica-
tion, be regarded as a period during which he has been employed in
Gibraltar and for which he has paid contributions as an employed
personinaccordan ce with the legislationof Gibraltar.
2. Where, in accordance with United Kingdom legislation, a person may
be entitled to a retirement pension if:
(a) the contributions of a former spouse are taken into account as if
they were that person's own contributions,
or
(b) the relevant contribution conditions are satisfied by that person's
spouse or former spouse,
thenprovided, ineach case, that the spouse or former spouse is or
was anemployed or self-employed personwho had beensubject to
the legislationof two or more Member States, the provision s of
Chapter 3 of Title III of the Regulationshall apply inorder to deter-
mine entitlement under United Kingdom legislation. In this case,
references in the said Chapter 3 to ‘periods of insurance’ shall be
construed as references to periods of insurance completed by:
(i) a spouse or former spouse, where a claim is made by a married
woman, a man who is widowed or a person whose marriage has
terminated otherwise than by the death of the spouse,
or
(ii) a former spouse, where a claim is made by a widow, who was not
in receipt of a survivor's benefit immediately before reaching
pensionable age or who is only in receipt of an age-related
widow's pension calculated pursuant to Article 46 (2) of the
Regulation.
3. (a) If unemployed benefit provided under United Kingdom legislation
is paid to a personpursuan t to Article 71 (1) (a) (ii) or (b) (ii) of
the Regulation, then for the purpose of satisfying the conditions
imposed by United Kingdom legislation in relation to child
benefit concerning a period of presence within Great Britain or,
as the case may be, Northern Ireland, periods of insurance,
employment or self-employment completed by that person under
the legislationof an other Member State shall be regarded as
periods of presence in Great Britain or, as the case may be,
NorthernIrelan d.
(b) If, pursuant to Title II of the Regulation, excluding Article 13 (2)
(f), United Kingdom legislation is applicable in respect of an
employment or self-employed person who does not satisfy the
condition imposed by United Kingdom legislation in relation to
child benefit concerning:
(i) presence within Great Britain or, as the case may be,
NorthernIrelan d, he shall be regarded, for the purpose of
satisfying such condition, as being so present;
(ii) a period of presence within Great Britain, or, as the case may
be, Northern Ireland, periods of insurance, employment or
self-employment completed by the said worker under the
legislationof an other Member State shall, for the purpose of
satisfying such conditions, be regarded as periods of presence
inGreat Britainor, as the case may be, NorthernIrelan d.
(c) In respect of claims to family allowances under the legislation of
Gibraltar the foregoing provisions of subparagraphs (a) and (b)
shall apply by analogy.
4. The widow's payment provided under United Kingdom legislation
shall be treated, for the purposes of Chapter 3 of the Regulation, as
a survivor's pension.
5. For the purposes of applying Article 10a (2) to the provisions
governing entitlement to attendance allowance, invalid care allowance
and disability living allowance, a period of employment, self-employ-
ment or residence completed in the territory of a Member State other1971R1408 — EN — 01.05.2004 — 003.001 — 143
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than the United Kingdom shall be taken into account insofar as is
necessary to satisfy conditions as to presence in the United Kingdom,
prior to the day on which entitlement to the benefit in question first
arises.
6. In the event of an employed person subject to United Kingdom legis-
lation being the victim of an accident after leaving the territory of one
Member State while travelling, in the course of this employment, to
the territory of another Member State, but before arriving there, his
entitlement to benefits in respect of that accident shall be established:
(a) as if the accident had occurred within the territory of the United
Kingdom,
and
(b) for the purpose of determining whether he was an employed
earner under the legislation of Great Britain or the legislation of
Northern Ireland or an employed person under the legislation of
Gibraltar, by disregarding his absence from those territories.
7. The Regulation does not apply to those provisions of United Kingdom
legislation which are intended to bring into force any social security
agreement concluded between the United Kingdom and a third State.
8. For the purposes of Chapter 3 of Title III of the Regulationn o
account shall be taken of graduated contributions paid by the insured
person under United Kingdom legislation or of graduated retirement
benefits payable under that legislation. The amount of the graduated
benefits shall be added to the amount of the benefit due under the
United Kingdom legislation as determined in accordance with the
said chapter. The total of these two amounts shall constitute the
benefit actually due to the person concerned.
9 .......
10. For the purpose of applying the Non-Contributory Social Insurance
Benefit and Unemployment Insurance Ordinance (Gibraltar), any
personto whom this Regulationis applicable shall be deemed to be
ordinarily resident in Gibraltar if he resides in a Member State.
11. For the purpose of Articles 27, 28, 28a, 29, 30 and 31 of this Regula-
tion, benefits payable outside the United Kingdom solely because of
Article 95b (8) of the Regulation shall be considered as invalidity
benefits.
12. For the purpose of Article 10 (1) of the Regulation any beneficiary
under United Kingdom legislation who is staying in the territory of
another Member State shall, during that stay, be considered as if he
resided inthe territory of that other Member State.
13.1. For the purpose of calculating an earnings factor with a view to deter-
mining the right to benefits under United Kingdom legislation, subject
to point 15, each week during which an employed or self-employed
personhas beensubject to the legislationof an other Member State
and which commenced during the relevant income tax year within
the meaning of United Kingdom, legislation shall be taken into
account in the following way:
(a) Periods between6 April 1975 an d 5 April 1987:
(i) for each week of insurance, employment or residence as an
employed person, the person concerned shall be deemed to
have paid contributions as an employed earner on the basis
of earnings equivalent to two-thirds of that year's upper earn-
ings limit;
(ii) for each week of insurance, self-employment or residence as
a self-employed personthe personcon cern ed shall be deemed
to have paid class 2 contributions as a self-employed earner.
(b) Periods from 6 April 1987 onwards:
(i) for each week of insurance, employment or residence as an
employed person, the person concerned shall be deemed to
have received, and paid contributions as an employed earner,
for, weekly earnings equivalent to two-thirds of that week's
upper earnings limit;
(ii) for each week of insurance, self-employment or residence as
a self-employed personthe personcon cern ed shall be deemed
to have paid class 2 contibutions as a self-employed earner.
(c) For each full week during which he has completed a period
treated as a period of insurance, employment, self-employment1971R1408 — EN — 01.05.2004 — 003.001 — 144
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or residence, the person concerned shall be deemed to have had
contributions or earnings credited to him as appropriate, but only
to the extent required to bring his total earnings factor for that tax
year to the level required to make that tax year a reckonable year
within the meaning of the United Kingdom legislation governing
the crediting of contributions or earnings.
13.2. For the purposes of Article 46 (2) (b) of the Regulation, where:
(a) if in any income tax year starting on or after 6 April 1975, an
employed person has completed periods of insurance, employment
or residence exclusively in a Member State other than the United
Kingdom, and the application of paragraph 1 (a) (i) or paragraph
1 (b) (i) results in that year being counted as a qualifying year
within the meaning of United Kingdom legislation for the
purposes of Article 46 (2) (a) of the Regulation, he shall be
deemed to have beenin sured for 52 weeks inthat year inthat
other Member State:
(b) any income tax year starting on or after 6 April 1975 does not
count as a qualifying year within the meaning of United Kingdom
legislationfor the purposes of Article 46 (2) (a) of the Regulation ,
any periods of insurance, employment or residence completed in
that year shall be disregarded.
13.3. For the purpose of converting an earnings factor into periods of insur-
ance the earnings factor achieved in the relevant income tax year
within the meaning of United Kingdom legislation shall be divided
by that year's lower earnings limit. The result shall be expressed as a
whole number, any remaining fraction being ignored. The figure so
calculated shall be treated as representing the number of weeks of
insurance completed under United Kingdom legislation during that
year provided that such figure shall not exceed the number of weeks
during which in that year that person was subject to that legislation.
14. In applying Article 40 (3) (a) (ii), account shall only be taken of
periods during which the employed or self-employed person was
incapable of work within the meaning of United Kingdom legislation.
15.1. For the purpose of calculating, under Article 46 (2) (a) of the Regula-
tion, the theoretical amount of that part of the pension which consists
of an additional component under United Kingdom legislation:
(a) the expression ‘earnings, contributions or increases’ in Article 47
(1) (b) of the Regulation shall be construed as meaning surpluses
in earnings factors as defined in the Social Security Pensions Act
1975 or, as the case may be, the Social Security Pensions
(NorthernIrelan d) Order 1975;
(b) an average of the surpluses in earnings factor shall be calculated
inaccordan ce with Article 47 (1) (b) of the Regulationas
construed in subparagraph (a) above by dividing the aggregated
surpluses recorded under United Kingdom legislation by the
number of income tax years within the meaning of United
Kingdom legislation (including part income tax years) completed
under that legislation since 6 April 1978 which occur within the
relevant period of insurance.
15.2. The expression ‘periods of insurance or residence’ in Article 46 (2) of
the Regulation shall be construed, for the purpose of assessing the
amount of that part of the pension which consists of an additional
component under United Kingdom legislation, as meaning periods of
insurance or residence which have been completed since 6 April
1978.
16. An unemployed person returning to the United Kingdom after the end
of the period of three months during which he continued to receive
benefits under the legislation of the United Kingdom pursuant to
Article 69 (1) of the Regulation shall continue to be entitled to unem-
ployment benefits by way of derogation from Article 69 (2) if he
satisfies the conditions in the aforementioned legislation.
17. For the purposes of entitlement to severe disablement allowance any
employed or self-employed personwho is, or has been , subject to
United Kingdom legislation in accordance with Title II of the Regula-
tion, excluding Article 13 (2) (f):
(a) shall, for the entire period during which he was employed or self-
employed and subject to United Kingdom legislation whilst
present or resident in another Member State, be treated as having
been present or resident in the United Kingdom;
(b) shall be entitled to have periods of insurance as an employed or
self-employed person completed in the territory and under the1971R1408 — EN — 01.05.2004 — 003.001 — 145
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legislation of another Member State treated as periods of presence
or residence in the United Kingdom.
18. A period of subjection to United Kingdom legislation in accordance
with Article 13 (2) (f) of the Regulationmay n ot:
(i) be taken into account under that provision as a period of subjec-
tion to United Kingdom legislation for the purposes of Title III of
the Regulation,
nor
(ii) make the United Kingdom the competent State for the provision
of the benefits provided for in Article 18, 38 or 39 (1) of the
Regulation.
19. Subject to any conventions concluded with individual Member States,
for the purposes of Article 13 (2) (f) of the Regulationan d Article
10b of the Implementing Regulation, United Kingdom legislation
shall cease to apply at the end of the day on the latest of the following
three days to any person previously subject to United Kingdom legis-
lationas anemployed or self-employed person :
(a) the day on which residence is transferred to the other Member
State referred to inArticle 13 (2) (f);
(b) the day of cessation of the employment or self-employment,
whether permanent or temporary, during which that person was
subject to United Kingdom legislation;
(c) the last day of any period of receipt of United Kingdom sickness
or maternity benefit (including benefits in kind for which the
United Kingdom is the competent State) or unemployment benefit
which
(i) began before the date of transfer of residence to another
Member State or, if later,
(ii) immediately followed employment or self-employment in
another Member State while that person was subject to United
Kingdom legislation.
20. The fact that a personhas become subject to the legislationof an other
Member State in accordance with Article 13 (2) (f) of the Regulation,
Article 10b of the Implementing Regulation and point 19 above, shall
not prevent:
(a) the application to him by the United Kingdom as the competent
State of the provisions relating to employed or self-employed
persons of Title III, Chapter 1 and Chapter 2, Section 1 or Article
40 (2) of the Regulation if he remains and employed or self-
employed person for those purposes and was last so insured under
the legislation of the United Kingdom;
(b) his treatment as an employed or self-employed person for the
purposes of Chapter 7 and 8 of Title III of the Regulation or Arti-
cles 10 or 10a of the Implementing Regulation, provided United
Kingdom benefit under Chapter 1 of Title III is payable to him
inaccordan ce with paragraph (a).
21. Inthe case of either studen ts or the members of the family or survi-
vors of a student, Article 10a(2) of the Regulation shall not apply to
benefits intended solely as specific protection for the disabled.
21. Entitlement to family credit solely under the legislation of the United
Kingdom shall be suspended, where, over the same period and in
respect of the same member of the family, family benefits are payable
solely under the legislation of Ireland or up to the amount of those
benefits pursuant to Articles 73, 74, 77, 78 or 78a of the Regulation.1971R1408 — EN — 01.05.2004 — 003.001 — 146
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ANNEX VII
INSTANCES IN WHICH A PERSON SHALL BE SIMULTANEOUSLY
SUBJECTTOTHELEGISLATIONOFTWOMEMBERSTATES
(Article 14c(1)(b) of the Regulation)
1. Where he is self-employed in Belgium and gainfully employed in any other
Member State.
2. Where a person is self-employed in the Czech Republic and gainfully
employed inan y other Member State.
3. Where a person resident in Denmark is self-employed in Denmark and gain-
fully employed inan y other Member State.
4. For the agricultural accident insurance scheme and the old-age insurance
scheme for farmers: where he is self-employed in farming in Germany and
gainfully employed in any other Member State.
5. Where a person resident in Estonia is self-employed in Estonia and gain-
fully employed inan y other Member State.
6. For the pension insurance scheme for self-employed persons: where he is
self-employed in Greece and gainfully employed in any other Member
State.
7. Where a person resident in Spain is self-employed in Spain and gainfully
employed inan y other Member State.
8. Where he is self-employed in France and gainfully employed in any other
Member State, except Luxembourg.
9. Where he is self-employed in farming in France and gainfully employed in
Luxembourg.
10. Where he is self-employed in Italy and gainfully employed in any other
Member State.
11. Where a person resident in Cyprus is self-employed in Cyprus and gainfully
employed inan y other Member State.
12. Where a person is self-employed in Malta and gainfully employed in any
other Member State.
13. Where he is self-employed in Portugal and gainfully employed in any other
Member State.
14. Where a person resident in Finland is self-employed in Finland and gain-
fully employed inan y other Member State.
15. Where a person is self-employed in Slovakia and gainfully employed in any
other Member State.
16. Where a person resident in Sweden is self-employed in Sweden and gain-
fully employed inan y other Member State.1971R1408 — EN — 01.05.2004 — 003.001 — 147
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ANNEX VIII
(Article 78a of the Regulation)
SCHEMES THAT PROVIDE ONLY FOR FAMILY ALLOWANCES OR
SUPPLEMENTARYORSPECIALALLOWANCESFORORPHANS
A. BELGIUM
(a) Family allowances provided for by coordinated laws on family allow-
ances for employed persons.
(b) Dependency benefits provided for by legislation on dependency benefits
for self-employed persons.
(c) Dependency benefits provided for under the schemes for former
employees from the Belgian Congo and Rwanda-Urundi.
B. CZECH REPUBLIC
None.
C. DENMARK
‘Special family allowances and the ordinary and supplementary family
allowances granted if the person having custody is the sole provider.
In addition, the dependent-child benefits granted for all children under 18
years of age if they live in Denmark and if the person having custody is
fully liable to tax under Danish law.’
D. GERMANY
None
E. ESTONIA
None.
F. GREECE
None
G. SPAIN
None
H. FRANCE
All basic social-security schemes with the exceptionof the special schemes
for employed persons (officials, State operatives, seamen, notary clerks,
EDG-GDF, SNCF and RATP agents, staff of the Opera and the Comédie
française, etc.) other than the scheme for miners.
I. IRELAND
Child benefit, orphan's (contributory) allowance and increases of widow's
(contributory) pension and widower's (contributory) pension payable in
respect of qualified children under the Social Welfare (Consolidation) Act
1993 and amending legislation1971R1408 — EN — 01.05.2004 — 003.001 — 148
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J. ITALY
None
K. CYPRUS
None.
L. LATVIA
None.
M. LITHUANIA
None.
N. LUXEMBOURG
None
O. HUNGARY
None.
P. MALTA
None.
Q. NETHERLANDS
None
R. AUSTRIA
None
S. POLAND
None.
T. PORTUGAL
U. SLOVENIA
None.
V. SLOVAKIA
None.
None
W. FINLAND
None
X. SWEDEN
None1971R1408 — EN — 01.05.2004 — 003.001 — 149
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Y. UNITED KINGDOM
1.GreatBritainandNorthernIreland
Provisions under the Social Security Contributions and Benefits Act 1992
and the Social Security Contributions and Benefits (Northern Ireland)
Act 1992, relating to child benefit (including any higher rates for lone
parents); child dependency allowances paid to pensioners and guardian's
allowance.
2.Gibraltar
Provisions under the Social Security (Open Long-Term Benefits Scheme)
Ordinance 1997 and the Social Security (Closed Long-Term Benefits
Scheme) Ordinance 1996 relating to child dependency increases paid to
pensioners and guardian's allowance.1971R1408 — EN — 01.05.2004 — 003.001 — 150
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Appendix
LISTS OF ACTS AMENDING REGULATIONS (EEC) No 1408/71 AND
(EEC)No574/72
A. Act of Accessionof Spainan d Portugal (OJ No L 302, 15. 11. 1985, P.23)
B. Act of Accession of Austria, Finland and Sweden (OJ No C 241, 29. 8.
1994, p. 9) as adjusted by Council Decision 95/1/EC (OJ No L 1, 1. 1.
1995, p. 1)
1. Made up to date by Council Regulation (EEC) No 2001/83 of 2 June 1983
(OJ No L 230, 22. 8. 1983, p. 6)
2. Council Regulation (EEC) No 1660/85 of 13 June 1985 amending Regula-
tion(EEC) No 1408/71 onthe applicationof social security schemes to
employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/
71 (OJ No L 160, 20. 6. 1985, p. 1; Spanish text: DO Edicíon especial,
1985 (05.V4), p. 142; Portuguese text; OJ DO Edição Especial, 1985 (05.
F4), p. 142; Swedish text: EGT, Specialutgåva 1994, område 05 (04), p.
61; Finnish text: EYVL:n erityispainos 1994, alue 05 (04), p.61)
3. Council Regulation (EEC) No 1661/85 of 13 June 1985 laying down the
technical adaptations to the Community rules on social security for migrant
workers with regard to Greenland (OJ No L 160, 20. 6. 1985, p. 7; Spanish
text: DO Edicíonespecial, 1985 (05.04), p. 148; Portuguese text: OJ Edição
Especial, 1985 (05.04), p. 148; Swedish text: EGT, Specialutgåva 1994,
område 05 (04), p. 67; Finnish text: EYVL:n erityispainos 1994, alue 05
(04), p. 67)
4. Commission Regulation (EEC) No 513/86 of 26 February 1986 amending
Annexes 1, 4, 5 and 6 to Council Regulation (EEC) No 574/72 laying
down the procedure for implementing Regulation (EEC) No 1408/71 on
the applicationof social security schemes to employed person s, to self-
employed persons and to members of their families moving within the
Community (OJ No L 51, 28. 2. 1986, p. 44; Swedish text: EGT, Specia-
lutgåva 1994, område 05 (04), p. 73; Finnish text: EYVL:n erityispainos
1994, alue 05 (04), p. 73)
5. Council Regulation (EEC) No 3811/86 of 11 December 1986 amending
Regulation(EEC) No 1408/71 onthe applicationof social security schemes
to employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/
71 (OJ No L 355, 16. 12. 1986, p. 5; Swedish text: EGT, Specialutgåva
1994, område 05 (04), p. 86; Finnish text: EYVL:n erityispainos 1994,
alue 05 (04), p. 86)
6. Council Regulation (EEC) No 1305/89 of 11 May 1989 amending Regula-
tion(EEC) No 1408/71 onthe applicationof social security schemes to
employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/
71 (OJ No L 131, 13. 5. 1985, p. 1; Swedish text: EGT, Specialutgåva
1994, område 05 (04), p. 143; Finnish text: EYVL:n erityispainos 1994,
alue 05 (04), p. 143)
7. Council Regulation (EEC) No 2332/89 of 18 July 1989 amending Regula-
tion(EEC) No 1408/71 onthe applicationof social security schemes to
employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/
71 (OJ No L 224, 2. 8. 1989, p. 1; Swedish text: EGT, Specialutgåva
1994, område 05 (04), p. 154; Finnish text: EYVL:n erityispainos 1994,
alue 05 (04), p. 154)
8. Council Regulation (EEC) No 3427/89 of 30 October 1989 amending Regu-
lation(EEC) No 1408/71 onthe applicationof social security schemes to
employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/
71 (OJ No L 331, 16. 11. 1989, p. 1; Swedish text: EGT, Specialutgåva
1994, område 05 (04), p. 165; Finnish text: EYVL:n erityispainos 1994,
alue 05 (04), p. 165)
9. Council Regulation (EEC) No 2195/91 of 25 June 1991 amending Regula-
tion(EEC) No 1408/71 onthe applicationof social security schemes to
employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/721971R1408 — EN — 01.05.2004 — 003.001 — 151
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laying down the procedure for implementing Regulation (EEC) No 1408/71
(OJ No L 206, 29. 7. 1991, p. 2; Swedish text: EGT, Specialutgåva 1994,
område 05 (05), p. 46; Finnish text: EYVL:n erityispainos 1994, alue 05
(05), p. 46)
10. Council Regulation (EEC) No 1247/92 of 30 April 1992 amending Regula-
tion(EEC) No 1408/71 onthe applicationof social security schemes to
employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/
71 (OJ No L 136, 19. 5. 1992, p. 1; Swedish text: EGT, Specialutgåva
1994, område 05 (05), p. 124; Finnish text: EYVL:n erityispainos 1994,
alue 05 (05), p. 124)
11. Council Regulation (EEC) No 1248/92 of 30 April 1992 amending Regula-
tion(EEC) No 1408/71 onthe applicationof social security schemes to
employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/
71 (OJ No L 136, 19. 5. 1992, p. 7; Swedish text: EGT, Specialutgåva
1994, område 05 (05), p. 130; Finnish text: EYVL:n erityispainos 1994,
alue 05 (05), p. 130)
12. Council Regulation (EEC) No 1249/92 of 30 April 1992 amending Regula-
tion(EEC) No 1408/71 onthe applicationof social security schemes to
employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/
71 (OJ No L 136, 19. 5. 1992, p. 28; Swedish text: EGT, Specialutgåva
1994, område 05 (05), p. 151; Finnish text: EYVL:n erityispainos 1994,
alue 05 (05), p. 151)
13. Council Regulation (EEC) No 1945/93 of 30 June 1993 amending Regula-
tion(EEC) No 1408/71 onthe applicationof social security schemes to
employed persons, to self-employed persons and to members of their
families moving within the Community, Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/
71 and Regulation (EEC) No 1247/92 amending Regulation (EEC) No
1408/71 (OJ No L 181, 23. 7. 1993, p. 1; Swedish text: EGT, Specialutgåva
1994, område 05 (06), p. 63; Finnish text: EYVL:n erityispainos 1994, alue
05 (06), p. 63)
14. Council Regulation (EC) No 3095/95 of 22 December 1995 amending
Regulation(EEC) No 1408/71 onthe applicationof social security schemes
to employed persons, to self-employed persons and to members of their
families moving within the Community, Regulation (EEC) No 574/72 fixing
the procedure for implementing Regulation (EEC) No 1408/71, Regulation
(EEC) No 1247/92 amending Regulation (EEC) No 1408/71 and Regulation
(EEC) No 1945/93 amending Regulation (EEC) No 1247/92 (OJ No L 335,
30. 12. 1995, p. 1)
15. Council Regulation (EC) No 3096/95 of 22 December 1995 amending
Regulation(EEC) No 1408/71 onthe applicationof social security schemes
to employed persons, to self-employed persons and to members of their
families moving within the Community and Regulation (EEC) No 574/72
laying down the procedure for implementing Regulation (EEC) No 1408/
71 (OJ No L 335, 30. 12. 1995, p. 10)
16. Council Regulation (EC) No 118/97 of 2 December 1996 amending and
updating Regulation (EEC) 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 and Regulation (EEC) No 574/
72 laying down the procedure for implementing Regulation (EEC) No 1408/
71 (OJ No L 28, 30. 1. 1997, p. 1)1971R1408 — EN — 01.05.2004 — 003.001 — 152