1988Y9309 — EN — 01.05.2004 — 001.001 — 1
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►B DECISION No 136
of 1July 1 987
concerning the interpretation of Article 45 (1) to (3) of Council Regulation (EEC) No 1408/71 with
regard to the taking into account of insurance periods completed under the legislations of other
Member States for the acquisition, retention or recovery of the right to benefits
(88/C 64/06)
(OJ C 64, 9.3.1988, p. 7)
Amended by:
Official Journal
No page date
►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 European
Union is foundedL 236 33 23.9.2003
▼B
DECISION No 136
of 1July 1 987
concerning the interpretation of Article 45 (1) to (3) of Council
Regulation (EEC) No 1408/71 with regard to the taking intoaccount of insurance periods completed under the legislations ofother Member States for the acquisition, retention or recovery of
the right to benefits
(88/C 64/06)
THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMU-
NITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,
Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/
71 of 14 June 1971, under which it is made responsible for dealing
with all administrative questions or matters of interpretation arisingfrom the provisions of Regulation (EEC) No 1408/71 and subsequentRegulations,
Whereas DecisionNo 124, published inthe Official Journal of the
European Communities No C 180 of 18 July 1985, must be supple-
mented as from 1 January 1986 following the accession of Spain and
Portugal to the EEC;
Whereas Article 45 of Regulation(EEC) No 1408/71 determin es how,
for the acquisition, retention or recovery of the right to benefits,
account should be taken of periods completed in other Member States;
Whereas Article 45 (1) of Regulation(EEC) No 1408/71 provides that
the competent institution of the Member State whose legislation makesthe acquisition, retention or recovery of the right to benefits conditionalupon the completion of periods of insurance or residence shall take intoaccount, to the extent necessary, periods of insurance or residence
completed under the legislation of any Member State as if they were
periods completed under the legislation which it administers;
Whereas the abovementioned Article 45 (1), which incorporates the
general principle regarding the taking into account of periods, shouldbe construed as meaning that the institution of a Member State admin-istering a scheme which is not a special scheme within the meaning ofArticle 45 (2) or (3) of Regulation(EEC) No 1408/71 should, for the
acquisition, retention or recovery of the right to benefits, take account
of all periods completed under the legislation of any other MemberState, whether under a general or a special scheme and whether as anemployed or self-employed person;
Whereas the first subparagraph of Article 45 (3) of Regulation(EEC)
No 1408/71 provides that where the legislationof a Member Statemakes 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 underthe legislations of other Member States shall be taken into account forthe granting of such benefits only if completed under a correspondingscheme or, failing this, in the same occupation;
Whereas for the purposes of applying the aforementioned provision it
is necessary to determine which schemes are ‘special’ schemes for
self-employed persons;
Whereas the second subparagraph of Article 45 (3) of Regulation
(EEC) No 1408/71 provides that if, taking into account the periods
referred to inthe first subparagraph of Article 45 (3), the personconcerned does not satisfy the conditions for receipt of those benefitsreferred to inthat first subparagraph, those periods shall be takenin toaccount for the granting of the benefits under the general scheme or,
failing this, under the scheme applicable to manual or clerical workers,
as appropriate, inso far as they have beencompleted un der a schemeother than the abovementioned corresponding scheme and provided thatthe person concerned has also been insured under this general schemeor, failing this, under the scheme applicable to manual or clericalworkers, as appropriate;1988Y9309 — EN — 01.05.2004 — 001.001 — 2
▼B
Whereas the words ‘inso far as they have beencompleted un der a
scheme other than the abovementioned corresponding scheme’ occur-ring in the aforementioned provision should be interpreted as: in so
far as they have been completed under a corresponding scheme or
under a scheme other than the abovementioned corresponding scheme;
Whereas periods of insurance completed under the legislation of one
Member State which have already been taken into account under sucha special scheme, as is referred to inthe first subparagraph of Article45 (3) of Regulation(EEC) No 1408/71, of an other Member State,
should be prevented from being also taken into account under the
general scheme of the latter Member State;
Acting in accordance with Article 80 (3) of Regulation (EEC) No 1408/
71,
HAS DECIDED AS FOLLOWS:
1. The institution of a Member State administering a scheme that is not
a special scheme within the meaning of Article 45 (2) or (3) ofRegulation (EEC) No 1408/71 shall, for the acquisition, retention
or recovery of the right to benefits within the meaning of Article
45 (1), take account of all periods completed under the legislationof any other Member State, whether under a general or a specialscheme and whether as an employed or self-employed person.
2. A ‘special scheme for self-employed persons’ within the meaning of
Article 45 (3) of Regulation(EEC) No 1408/71 shall be an y schemelisted in the Annex to this Decision.
3. The words ‘inso far as they have beencompleted un der a scheme
other than the abovementioned corresponding scheme’ occurring in
the second subparagraph of Article 45 (3) of Regulation (EEC)No 1408/71 shall be construed as: in so far as they have beencompleted under a corresponding scheme or under a scheme otherthan the abovementioned corresponding scheme.
4. Periods of insurance completed under the legislation of a Member
State shall be taken into account under the general scheme or,
failing this, under the scheme applicable to manual or clericalworkers, as appropriate, of another Member State for the acquisition,retention or recovery of the right to benefits in so far as theseperiods have not already been taken into account in the latter Stateunder the special scheme referred to in the first subparagraph of
Article 45 (3) of Regulation(EEC) No 1408/71 for the acquisition ,
retention or recovery of the right to benefits.
5. This Decisionwhich replaces DecisionNo 124 of the 12 December
1984 shall be published inthe Official Journal of the European
Communities . It shall be applicable from 1 January 1986.The
Chairman of the Administrative CommissionA. TRIER1988Y9309 — EN — 01.05.2004 — 001.001 — 3
▼B
ANNEX
Special schemes for self-employed persons within the meaning of Article 45
(3) of Regulation (EEC) No 1408/71
A. BELGIUM
None.
B. CZECH REPUBLIC
None.
C. DENMARK
None.
D. GERMANY
Old age insurance for farmets (Altershilfe für Landwirte)
E. ESTONIA
None.
F. GREECE
None.
G. SPAIN
None.
H. FRANCE
None.
I. IRELAND
None.
J. ITALY
Pension insurance 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 (ragionieri e periti commerciali),— employment experts (consulenti del lavoro),— notaries (notai),
— customs agents (spedizionieri doganali).1988Y9309 — EN — 01.05.2004 — 001.001 — 4
▼A1
▼B
▼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. NETHERLANDS
None.
R. AUSTRIA
S. POLAND
None.
T. PORTUGAL
None.
U. SLOVENIA
None.
V. SLOVAKIA
None.
W. FINLAND
X. SWEDEN
Y. UNITED KINGDOM
None.1988Y9309 — EN — 01.05.2004 — 001.001 — 5
▼B
▼A1
▼B
▼A1
▼B
▼A1
▼B