1991D0424 — EN — 01.10.1995 — 001.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:

▼B

DECISION No 146

of 10 October 1990

concerning the interpretation of Article 94 (9) of Regulation (EEC) No 1408/71

(91/424/EEC)

THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,

Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community, under which it is responsible for dealing with all administrative questions and questions of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,

Having regard to Article 2 (1) of Council Regulation (EEC) No 574/72 of 21 March 1972 under which it is responsible for drawing up models of certificates, certified statements, declarations, applications and other documents necessary for the application of the Regulations,

Having regard to Council Regulation (EEC) No 3427/89 of 30 October 1989 which introduces a uniform solution for all the Member States to the problem of the payment of family benefits to members of the family not residing in the territory of the competent State,

Having regard to Article 94 (9), as amended by the said Regulation, which on the one hand provides that the family allowances received by employed persons employed in France in respect of the members of their families residing in another Member State on the date of 15 November 1989 shall 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 16 November 1989 and as long as the persons concerned are subject to French legislation, and on the other hand provides that the Administrative Commission shall deliver an opinion on the procedure for implementing this paragraph, and in particular the sharing of the cost of these allowances,

Whereas it is important to define exactly the scope of Article 94 (9) and the conditions of its application;

Whereas it is necessary to lay down the procedure enabling the provisions of the allowances, with regard to the responsibilities of the institutions concerned, the comparison between the amount of the family allowances (guaranteed amount) and that of French family benefits, the payment, where appropriate, of a supplement equal to the difference between these two amounts, and the sharing of the cost of these allowances between the institutions concerned;

Whereas, moreover, it is necessary to specify the rate of conversion of currencies to be used for the aforementioned comparison;

Whereas two specific model forms should be created, one certifying the payment of family allowances for November 1989 and the other certifying the continuation or termination of the payment of family allowances pursuant to Article 94 (9);

Whereas the language in which the forms are to be issued has been settled by Recommendation No 15 of the Administrative Commission;

Whereas, finally, the time limits applicable for the exercise of the right to receive a guaranteed amount of family allowances should be determined;

Acting in accordance with the conditions laid down in Article 80 (3) of Regulation (EEC) No 1408/71,

HAS DECIDED AS FOLLOWS: