1971R1408 — EN — 01.01.2000 — 001.002 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 1408/71
of 14 June 1971
on the application of social security schemes to employed persons, to self−employed persons and to
members of their families moving within the Community (8) (9) (10) (11)
(Consolidated version — OJ No L 28 of 30. 1. 1997, p. 1 (*))(OJ L 149, 5.7.1971, p. 2)
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 4June 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 1641 30.6.1999
(*) See appendix.
1971R1408 — EN — 01.01.2000 — 001.002 — 2
▼B
COUNCIL REGULATION (EC)No 1408/71
of 14 June 1971
on the application of social security schemes to employed persons,
to self−employed persons and to members of their families moving
within the Community (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
in particular Articles 51 and 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 ofemployment;
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 insuredunder social security schemes for employed persons and forself−employed persons or by virtue of pursuing employment orself−employment;
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 variousnational legislations to workers living in the Member States and theirdependants 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 onlyone single Member State in order to avoid overlapping of nationallegislations applicable and the complications which could result there-from;
Whereas the instances in which a person should be subject simultane-
ously to the legislation of two Member States as an exception to thegeneral rule should be as limited in number and scope as possible;
Whereas with a view to guaranteeing the equality of treatment of all
workers occupied on the territory of a Member State as effectively aspossible, it is appropriate to determine as the legislation applicable, as a
(*) See appendix.
1971R1408 — EN — 01.01.2000 — 001.002 — 3
▼B
general rule, that of the Member State in which the person concerned
pursues employment of self−employment;
Whereas in certain situations which justify other criteria of applicability,
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 thepersonal scope of their application, their objectives and their manner ofapplication, it is necessary to lay down a system of coordination, whichtakes into account the special characteristics of the benefits concerned,that should be included in the Regulation in order to protect the interestsof 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 thelegislation of the country of residence of the person concerned or of themembers of his or her family, with such aggregation of periods ofresidence completed in any other Member State as is necessary andwithout 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 MemberState other than the competent 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 adoption of rules of coordination which are applicable in thecase of aggravation of invalidity;
Whereas it is expedient that a system for the award of old−age benefits
and survivors benefits be worked out where the employed orself−employedperson has been subject to the legislation of one or moreMember States;
Whereas there is a need to determine the amount of a pension calculated
in accordance with the method used for aggregation and pro rata calcu-lation 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, thatrules be laid down covering the situation of persons residing or stayingin a Member State other than the competent 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 betweenthe unemployment insurance schemes and the unemployment assistanceschemes of all the Member States;
Whereas it is therefore particularly appropriate, in order to facilitate
search for employment in the various Member States, to grant to anunemployed worker, for a limited period, the unemployment benefits
1971R1408 — EN — 01.01.2000 — 001.002 — 4
▼B
provided for by the legislation of the Member State to which he was last
subject;
Whereas, with a view to determining the legislation applicable to family
benefits, the criterion of employment ensures equal treatment betweenall 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 theright to family benefits under the legislation of the competent State andunder the legislation of the country of residence of the members of thefamily;
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 benefits fordependent children of pensioners and for orphans;
Whereas it is necessary to establish an Administrative Commission
consisting of a government representative from each of the MemberStates, 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, within the framework of an Advisory
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 orderto facilitate the application of the rules of coordination,
HAS ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS
Article 1 (10) (15)
Definitions
For the purpose of this Regulation:
(a)employed person andself−employed person mean respectively:
▼M3
(i) any person who is insured, compulsorily or on an optional
continued basis, for one or more of the contingencies coveredby the branches of a social security scheme for employed orself−employed persons or by a special scheme for civilservants;
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(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 for allresidents or for the whole working population, if such person:
— can be identified as an employed or self−employedperson
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 orself−employed persons, or under a scheme referred to in(iii), either compulsorily or on an optional continuedbasis, or, where no such scheme exists in the MemberState concerned, complies with the definition given inAnnex 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 the
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▼B
whole rural population in accordance with the criteria laid
down 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 orfor certain categories of residents:
— if such person carries out an activity as an employed or
self−employed person, or
— if such person has previously been compulsorily insured
for the same contingency under a scheme for employed orself−employed persons for the same Member State;
(b)frontier worker means any employed or self−employedperson who
pursues his occupation in the territory of a Member State andresides in the territory of another Member State to which hereturns as a rule daily or at least once a week; however, a frontierworker who is posted elsewhere in the territory of the same oranother Member State by the undertaking to which he is normallyattached, or who engages in the provision of services elsewhere inthe 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 daily orat 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 than the one in which he isresident to do work there of a seasonal nature for an undertaking oran employer of that State for a period which may on no accountexceed eight month, and who stays in the territory of the said Statefor the duration of this work; work of a seasonal nature shall betaken to mean work which, being dependent on the succession ofthe seasons, automatically recurs each year;
▼
M4
(ca)student means any person other than an employed or
self−employedperson or a member of his family or survivor withinthe 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 general socialsecurity scheme or a special social security scheme applicable tostudents;
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(d)refugeeshall have the meaning assigned to it in Article 1 of the
Convention of the Status of Refugees, signed at Geneva on 28 July1951;
(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 on 28 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, in the cases referred to in Articles 22 (1) (a) and 31, by thelegislation of the Member State in whose territory such personresides; 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 person or student ◄, this condition shall be
considered satisfied if the person in question is mainlydependent on that person. ►
M1Where the legislation of a
Member State does not enable members of the family to bedistinguished from the other persons to whom it applies, theterm “member of the family" shall have the meaning given toit in Annex I ◄;
(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 prescribedconditions, the term ‘member of the family'means at least thespouse of an ►
M4employed or self−employed person or
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▼B
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 legislation regards as a survivor only a person who wasliving under the same roof as the deceased, this condition shall beconsidered satisfied if such person was mainly dependent on thedeceased;
(h)residence means habitual residence;
(i)staymeans temporary residence;
(j)legislation means in respect of each Member State statutes, regula-
tions 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 specialnon−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, in so far as such provisions:
(i) serve to put into effect compulsory insurance imposed by the
laws and regulations referred to in the preceding subparagraph;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 limitation on the term may at any 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 Regulation No 3 applied.
The term ‘legislation' also excludes provisions governing special
schemes for self−employed persons the creation of which is left tothe initiatives of those concerned or which apply only to a part ofthe territory of the Member State concerned, irrespective ofwhether or not the authorities decided to make them compulsory orextend their scope. The special schemes in question are specifiedin Annex II;
▼
M3
(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;
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(k)social security convention means any bilateral or multilateral
instrument which binds or will bind two or more Member Statesexclusively, and any other multilateral instrument which binds orwill 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 in any part of the territory ofthe State in question;
(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 legislation;
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(o)competent institution means:
(i) the institution with which the person concerned is insured at
the time of the application for benefit;
or
(ii) the institution from which the person concerned is entitled or
would be entitled to benefits if he or a member or members ofhis family were resident in the territory of the Member Statein which the institution is situated; or
(iii) the institution designated by the competent authority of the
member State concerned; or
(iv) in the case of a scheme relating to an employer’s liability in
respect of the benefits set out in Article 4(1), either theemployer or the insurer involved or, in default thereof, a bodyor authority designated by the competent authority of theMember 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 theplace where the person concerned is staying, under the legislationadministered by that institution or, where no such institution exists,the institution designated by the competent authority of theMember State in question;
(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 assuch, where they are regarded by the said legislation as equivalentto periods of insurance; ►
M3periods completed under a special
scheme for civil servants are also considered as periods of insur-ance;◄
(s)periods of employment andperiods of self−employment means
periods so defined or recognized by the legislation under whichthey were completed, and all periods treated as such, where theyare regarded by the said legislation as equivalent 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 legislation under which they were completed orconsidered as completed;
(t)benefitsandpensions mean all benefits and pensions, including all
elements thereof payable out of public funds, revalorizationincreases and supplementary allowances, subject to the provisionsof 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 legislationprovided for in Article 4(1) (h), excluding 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 appropriate,the age of members of the family;
(v)death grants means any once−for−allpayment in the event of death
exclusive of the lump−sumbenefits referred to in subparagraph (t).
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Article 2
Persons covered
1. This Regulation shall apply to employed or self−employedpersons
and to students who are or have been subject to the legislation of one ormore Member States and who are nationals of one of the Member Statesor who are stateless persons or refugees residing within the territory ofone of the Member States, as well as to the members of their familiesand their survivors.
2. This Regulation shall apply to the survivors of employed or
self−employed persons and of students who have been subject to thelegislation of one or more Member States, irrespective of the nationalityof such persons, where their survivors are nationals of one of theMember States, or stateless persons or refugees residing within theterritory of one of the Member States.
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Article 3
Equality of treatment
1. Subject to the special provisions of this Regulation, persons resi-
dent in the territory of one of the Member States to whom this Regula-tion applies shall be subject to the same obligations and enjoy the samebenefits under the legislation of any Member State as the nationals ofthe 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 intheir nomination, but shall not affect the legislative provisions of anyMember 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), shallapply to all persons to whom this Regulation applies.
Article 4 (10)
Matters covered
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 toschemes concerning the liability of an employer or shipowner in respectof 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 in paragraph 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 in paragraph 1 (a) to (h);
1971R1408 — EN — 01.01.2000 — 001.002 — 9
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or
(b) solely as specific protection for 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 confined topart of its territory.
3. The provisions of Title III of this Regulation shall not, however,
affect the legislative provisions of any Member State concerning ashipowner’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)
Declarations by the Member States on the scope of this Regulation
The Member States shall specify the legislation and schemes referred to
in Article 4(1) and (2), the special non−contributorybenefits referred toin Article 4(2a), the minimum benefits referred to in Article 50 and thebenefits referred to in Articles 77 and 78 in declarations to be notifiedand published in accordance with Article 97.
Article 6
Social security conventions replaced by this Regulation.
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 institution ofone of the latter States.
Article 7
International provisions not affected by this Regulation
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
Conclusion of conventions between Member States
1. Two or more Member States may, as need arises, conclude
conventions with each other based on the principles and in the spirit ofthis Regulation.
2. Each Member State shall notify, in accordance with the provisions
of Article 97 (1), any convention concluded with another member Stateunder the provisions of paragraph 1.
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Article 9
Admission to voluntary or optional continued insurance
1. The provisions of the legislation of any Member State which make
admission to voluntary or optional continued insurance conditional uponresidence in the territory of that State shall not apply to persons residentin the territory of another Member State, provided that at some time intheir past working life they were subject to the legislation of the firstState as employed or as self−employed persons.
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 residencecompleted under the legislation of another Member State shall be takeninto account, to the extent required, as if they were completed under thelegislation of the first State.
Article 9a (7)
Prolongation of the reference period
Where, under the legislation of a Member State, recognition of entitle-
ment to a benefit is conditional upon completion of a minimum periodof insurance during a specific period preceding the contingency insuredagainst (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, unemploymentbenefits 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 aforesaidreference period.
Article 10
Waiving of residence clauses — Effect of compulsory insurance on reim-
bursement of contributions
1. Save as otherwise provided in this Regulation invalidity, old−age
or survivors’ cash benefits, pension for accidents at work or occupa-tional diseases and death grants acquired under the legislation of one ormore Member States shall not be subject to any reduction, modification,suspension, withdrawal or confiscation by reason of the fact that therecipient resides in the territory of a Member State other than that inwhich the institution responsible for payment is situated.
The first subparagraph shall also apply to lump−sumbenefits 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 tobe subject to compulsory insurance, this condition shall not be consid-ered satisfied as long as the person concerned is subject to compulsoryinsurance ►
M4 ◄under the legislation of another
Member State.
Article 10a (10)
Special non−contributory benefits
1. Nothwithstanding the provisions of Article 10 and Title III,
persons to whom this Regulation applies shall be granted the specialnon−contributory cash benefits referred to in Article 4(2a) exclusivelyin the territory of the Member State in which they reside, in accordancewith the legislation of that State, provided that such benefits are listed inAnnex IIa. Such benefits shall be granted by and at the expense of theinstitution of the place of residence.
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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, tothe extent necessary, periods of employment, self−employment or resi-dence completed in the territory of any other Member State as periodscompleted in the 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 aMember State, to receipt of a benefit covered by Article 4(1) (a) to (h),and no such benefit is due under that legislation, any correspondingbenefit granted under the legislation of any other Member State shall betreated as a benefit granted under the legislation of the first MemberState 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 in the territory of that Member State, this condition shall bedeemed to be fulfilled where such diagnosis is made for the first time inthe territory of another Member State.
Article 11
Revalorization of benefits
Rules for revalorization provided by the legislation of a Member State
shall apply to benefits due under that legislation taking into account theprovisions of this Regulation.
Article 12 (9) (11)
Prevention of overlapping of benefits
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 evenwhere such benefits were acquired under the legislation of anotherMember 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 ofinvalidity benefits or anticipatory old−age benefits pursuing a profes-sional or trade activity may be invoked against such person even thoughhe is pursuing his activity in the territory of another Member State.
4. An invalidity pension payable under Netherlands legislation shall,
in case where the Netherlands institution is bound under the provisionsof 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.
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TITLE II
DETERMINATION OF THE LEGISLATION APPLICABLE
Article 13 (9)
General rules
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1. Subject to Articles 14c and 14f, persons to whom this Regulationapplies shall be subject to the legislation of a single Member State only.That legislation shall be determined in accordance with the provisionsof this Title.
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2. Subject to Articles 14to 17:
(a) a person employed in the territory of one Member State shall be
subject to the legislation of that State even if he resides in theterritory of another Member State or if the registered office or placeof business of the undertaking or individual employing him issituated in the territory of another Member State;
(b) a person who is self−employedin the territory of one Member State
shall be subjected to the legislation of that State even if he residesin the territory of another Member State;
(c) a person employed on board a vessel flying the flag of a Member
State shall be subject to the legislation of the State;
(d) civil servants and persons treated as such shall be subject to the
legislation of the Member State to which the administrationemploying them is subject;
(e) a person called up or recalled for service in the armed forces, or for
civilian service, of a Member State shall be subject to the legislationof that State. If entitlement under that legislation is subject to thecompletion of periods of insurance before entry into or after releasefrom 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. Theemployed or self−employed person called up or recalled for servicein the armed forces or for civilian service shall retain the status ofemployed or self−employed person;
(f) a person to whom the legislation of a Member State ceases to be
applicable, without the legislation of another Member Statebecoming applicable to him in accordance with one of the rules laiddown in the aforegoing subparagraphs or in accordance with one ofthe exceptions or special provisions laid down in Articles 14to 17shall be subject to the legislation of the Member State in whoseterritory he resides in accordance with the provisions of that legisla-tion alone.
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 person employed in the 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 toperform work there for that undertaking shall continue to besubject to the legislation of the first Member State, provided thatthe anticipated duration of that work does not exceed 12 monthsand that he is not sent to replace another person who hascompleted his term of posting.
(b) If the duration of the work to be done extends beyond the
duration originally anticipated, owing to unforeseeable circum-stances, and exceeds 12 months, the legislation of the firstMember State shall continue to apply until the completion ofsuch work, provided that the competent authority of the Member
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State in whose territory the person concerned is posted or thebody designated by that authority gives its consent; such consentmust be requested before the end of the initial 12-month period.Such consent cannot, however, be given for a period exceeding12 months.
2. A person normally employed in the territory of two or more Member
States shall be subject to the legislation determined as follows:
(a) A person who is a member of the travelling or flying personnel
of an undertaking which, for hire or reward or on its ownaccount, operates international transport services for passengersor goods by rail, road, air or inland waterway and has itsregistered office or place of business in the territory of aMember State shall be subject to the legislation of the latterState, 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 business, aperson employed by such branch or permanent representa-tion shall be subject to the legislation of the Member Statein whose territory such branch or permanent representationis situated;
(ii) where a person is employed principally in the territory of the
Member State in which he resides, he shall be subject to thelegislation 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 person other than that referred to in (a) shall be subject:
(i) to the legislation of the Member State in whose territory he
resides, if he pursues his activity partly in that territory or ifhe is attached to several undertakings or several employerswho have their registered offices or places of business in theterritory of different Member States;
(ii) to the legislation of the Member State in whose territory is
situated the registered office or place of business of theundertaking or individual employing him, if he does notreside in the territory of any of the Member States where heis pursuing his activity.
3. A person who is employed in the territory of one Member State by
an undertaking which has its registered office or place of business inthe territory of another Member State and which straddles thecommon frontier of these States shall be subject to the legislation ofthe 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 person normally self−employed in the 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 workdoes not exceed 12 months.
(b) If the duration of the work to be done extends beyond the
duration originally anticipated, owing to unforeseeable circum-stances, and exceeds 12 months, the legislation of the firstMember State shall continue to apply until the completion ofsuch work, provided that the competent authority of the MemberState in whose territory the person concerned has entered toperform the work in question or the body appointed by thatauthority gives its consent; such consent must be requestedbefore the end of the initial 12-month period, Such consentcannot, however, be given for a period exceeding 12 months.
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2. A person normally self−employed in the territory of two or more
Member States shall be subject to the legislation of the MemberState in whose territory he resides if he pursues any part of hisactivity in the territory of that Member State. If he does not pursueany activity in the territory of the Member State in which he resides,he shall be subject to the legislation of the Member State in whoseterritory he pursue his main activity. The criteria used to determinethe 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 Member Statesshall be subject to the legislation of the Member State in whoseterritory the undertaking has its registered office or place of business.
4. If the legislation to which a person should be subject in accordance
with paragraph 2 or 3 does not enable that person, even on avoluntary basis, to join a pension scheme, the person concerned shallbe subject to the legislation of the other Member State which wouldapply 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
Special rules application to mariners
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 in the territory of a Member State or on board 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 to theconditions provided in Article 14(1), continue to be subject to thelegislation of the first Member State.
2. A person normally self−employed, either in the territory of a
Member State or on board a vessel flying the flag of a Member Stateand who performs work on his own account on board a vessel flyingthe flag of another Member State shall, subject to the conditionsprovided in Article 14a (1), continue to be subject to the legislationof the first Member State.
3. A person who, while not being normally employed at sea, performs
work in the territorial waters or in a port of a Member State on avessel flying the flag of another Member State within those territorialwaters or in that port, but is not a member of the crew of the vessel,shall be subject to the legislation of the first Member State.
4. A person employed on board a vessel flying the flag of a Member
State and remunerated for such employment by an undertaking or aperson whose registered office or place of business is in the 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.
Article 14c (5)
Special rules applicable to persons who are simultaneously employed in the
territory of one Member State and self−employed in the territory of another
Member State
A person who is simultaneously employed in the territory of one
Member State and self−employed in the territory of another MemberState shall be subject:
(a) save as otherwise provided in subparagraph (b) to the legislation of
the Member State in the territory of which he is engaged in paidemployment or, where he pursues such an activity in the territory of
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two or more Member States, to the legislation determined in accord-ance with Article 14(2) or (3);
(b) in the cases mentioned in Annex VII:
— to the legislation of the Member State in the territory of which
he is engaged in paid employment, that legislation having beendetermined in accordance with the provisions of Article 14(2)or (3), where he pursues such an activity in the territory of twoor more Member States,
and
— to the legislation of the Member State in the territory of which
he is self−employed, that legislation having been determined inaccordance with Article 14a (2), (3) or (4), where he pursuessuch an activity in the territory of two or more Member States.
Article 14d (5)
Miscellaneous provisions
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1. The person referred to in Article 14(2) and (3), Article 14a(2), (3)and (4), Article 14c(a) and Article 14e shall be treated, for the purposesof application of the legislation laid down in accordance with theseprovisions, as if he pursued all his professional activity or activities inthe territory of the Member State concerned.
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2. The person referred to in Article 14c (b) shall be treated, for thepurposes of determining the rates of contributions to be charged toself−employed workers under the legislation of the Member State inwhose territory he is self−employed, as if he pursued his paid employ-ment in the 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 subjectto compulsory insurance in respect of such activity shall also apply to apensioner whose pension was acquired under the legislation of anotherMember State, unless the person concerned expressly asks to be sosubject by applying to the institution designated by the competentauthority of the first Member State and named in Annex 10 to theRegulation referred to in Article 98.
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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 of one or more other Member States
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 thelegislation of the Member State in which he is insured in a specialscheme for civil servants.
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 person who is simultaneously employed in two 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 legislation of each of these Member States.
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Article 15
Rules concerning voluntary insurance or optional continued insurance
1. Articles 13 to 14d shall not apply to voluntary insurance or to
optional continued insurance unless, in respect of one of the branchesreferred to in Article 4, there exists in any Member State only avoluntary scheme of insurance.
2. Where application of the legislations 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 shall besubject exclusively to the compulsory insurance scheme;
— under two or more voluntary or optional continued insurance
schemes, the person concerned may join only the voluntary oroptional 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 continuedinsurance scheme of a Member State, even if he is compulsorily subjectto the legislation of another Member State, to the extent that suchoverlapping is explicitly or implicitly admitted in the first MemberState.
Article 16
Special rules regarding persons employed by diplomatic missions and
consular posts, and auxiliary staff of the European Communities
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 legislation of that State. Such right ofoption may be renewed at the end of each calendar year and shall nothave retrospective effect.
3. Auxiliary staff of the European Communities may opt to be
subject to the legislation of the Member State in whose territory theyare employed, to the legislation of the Member State to which they werelast subject or to the legislation of the Member State whose nationalsthey are, in respect of provisions other than those relating to familyallowances, the granting of which is governed by the conditions ofemployment applicable to such staff. This right of option, which may beexercised once only, shall take effect from the date of entry intoemployment.
Article 17 (9)
Exceptions to Articles 13 to 16
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 in theinterest of certain categories of persons or of certain persons.
Article 17a (9)
Special rules concerning recipients of pensions due under the legislation of
one or more Member State
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 in the territory of another Member State may at his request beexempted from the legislation of the latter State provided that he is notsubject to that legislation because of the pursuit of an occupation.
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TITLE III
SPECIAL PROVISIONS RELATING TO THE VARIOUS CATE-
GORIES OF BENEFITS
CHAPTER I
SICKNESS AND MATERNITY
Section 1
Common provisions
Article 18
Aggregation of periods of insurance, employment or residence
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, employment orresidence shall, to the extent necessary, take account of periods ofinsurance, employment or residence completed under the legislation ofany other Member State as if they were periods completed under thelegislation which it administers.
2. The provisions of paragraph 1 shall apply to seasonal workers,
even in respect of periods prior to any break in insurance exceeding theperiod allowed by the legislation of the competent State, provided,however, that the person concerned has not ceased to be insured for aperiod exceeding four months.
Section 2
Employed or self−employed persons and members of their families
Article 19
Residence in a Member State other than the competent State — General
rules
1. An employed or self−employed person residing in the territory of
a Member State other than the competent State, who satisfies theconditions of the legislation of the competent State for entitlement tobenefits, taking account where appropriate of the provisions of Article18, shall receive in the State in which he is resident:
(a) benefits in kind provided on behalf of the competent institution by
the institution of the place of residence in accordance with theprovisions 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 agreementbetween the competent institution and the institution of the place ofresidence, such benefits may be provided by the latter institution onbehalf of the former, in accordance with the legislation of thecompetent State.
2. The provisions of paragraph 1 shall apply by analogy to members
of the family who reside in the 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.
Where the members of the family reside in the 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 whichthey receive shall be considered as being on behalf of the institutionwith which the employed or self−employedperson is insured, unless thespouse or the person looking after the children pursues a professional ortrade activity in the territory of the said Member State.
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Article 20
Frontier workers and members of their families — Special rules
A frontier worker may also obtain benefits in the territory of thecompetent State. Such benefits shall be provided by the competentinstitution in accordance with the provisions of the legislation of thatState, 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, onprior authorization by the competent institution.
Article 21
Stay in or transfer of residence to the competent State
1. The employed or self−employed person referred to in Article 19
(1) who is staying in the territory of the competent State shall receivebenefits in accordance with the provisions of the legislation of that Stateas 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 in Article 19 (2).
However, where the latter reside in the territory of a Member State
other than the one in whose territory the employed or self−employedperson resides, benefits in kind shall be provided by the institution ofthe 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. An employed or self−employedperson and members of his family
referred to in Article 19 who transfer their residence to the territory ofthe 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
another Member State in order to receive appropriate treatment
1. An employed or self−employed person who satisfies the condi-
tions of the legislation of the competent State for entitlement to benefits,taking account where appropriate of the provisions of Article 18, 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
competent institution, is authorized by that institution to return tothe territory of the Member State where he resides, or to transfer hisresidence 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 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 accordancewith 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 thelegislation of the competent State;
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(ii) to 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 stay or residence, such benefits may beprovided by the latter institution on behalf of the former, in accord-ance with the provisions of the legislation of the competent State.
2. The authorization required under paragraph 1 (b) may be refused
only if it is established that movement of the person concerned wouldbe 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 legislation of the Member State on whose territory the personconcerned resided and where he cannot be given such treatment withinthe time normally necessary for obtaining the treatment in question inthe 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 an employed or self−employed person.
However, for the purpose of applying paragraph 1 (a) and (c) (i) to the
members of the family referred to in Article 19 (2) who reside in theterritory of a Member State other than the one in whose territory theemployed or self−employed person resides:
(a) benefits in kind shall be provided on behalf of the institution of the
Member State in whose territory the members of the family areresiding by the institution of the place of stay in accordance withthe provisions of the legislation which it administers as if theemployed or self−employed person were insured there. The periodduring which benefits are provided shall, however, be that laiddown under the legislation of the Member State in whose territorythe members of the family are residing;
(b) the authorization required under paragraph 1 (c) shall be issued by
the institution of the Member State in whose territory the membersof the family are residing.
4. The fact that the provisions of paragraph 1 apply to an employed
or self−employedperson shall not affect the right to benefit of membersof his family.
Article 22a (14)
Special rules for certain categories of persons
Notwithstanding Article 2 of the Regulation, Article 22 (1) (a) and (c)
shall also apply to persons who are nationals of a Member State and areinsured under the legislation of a Member State and to the members oftheir families residing with them.
Article 22b (15)
Employment in a Member State other than the competent State — Stay in
the State of employment
The employed or self−employedperson referred to in Article 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 the MemberState in which the worker is employed or whose flag the vessel aboardwhich the worker is employed is flying.
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Article 23 (a)
Calculation of cash benefits
1. The competent institution of a Member State whose legislation
provides that the calculation of cash benefits shall be based on averageearnings or on average contributions, shall determine such average
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earnings 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 periodscompleted 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 of theperson concerned who are resident in the territory of another MemberState as if they were resident in the territory of the competent State.
Article 24
Substantial benefits in kind
1. Where the right of an employed or self−employed person or 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 anotherMember State, the said employed or self−employedperson shall receivesuch 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.
Section 3
Unemployed persons and members of their families
Article 25
1. An unemployed person who was formerly employed or
self−employed, to whom the provisions of Article 69 (1) or the secondsentence of Article 71 (1) (b) (ii) apply, and who satisfies the conditionsof the legislation of the competent State for entitlement to benefits inkind and in cash, taking account where appropriate of the provisions ofArticle 18, shall receive for the period provided under Article 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 theinstitution of the Member State in which the unemployed personseeks employment, benefits may be provided by the latter institutionon behalf of the former institution in accordance with the provisionsof the legislation of the competent State. Unemployment benefitsunder Article 69 (1) shall not be granted for the period duringwhich cash benefits are received.
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 inaccordance with the provisions of the legislation of the Member State inwhose territory he resides, as though he had been subject to thatlegislation during his last employment, taking account where appro-priate of the provisions of Article 18; the cost of such benefits shall bemet by the institution of the country of residence.
3. Where an unemployed person satisfies the conditions of the legis-
lation of the Member State which is responsible for the cost of unem-ployment benefits for entitlement to sickness and maternity benefits,taking account where appropriate of the provisions of Article 18, themembers of his family shall receive these benefits, irrespective of the
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Member State in whose territory they reside or are staying. Such bene-fits 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 ofthe 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 sicknessbenefits may be granted, the period provided for in paragraph 1 may, incases of force majeure, be extended by the competent institution withinthe limit fixed by the legislation administered by that institution.
Article 25a (12)
Contributions payable by wholly unemployed persons
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 such deduc-tions in accordance with the provisions of its legislation.
Section 4
Pension claimants and members of their families
Article 26
Right to benefits in kind in cases of cessation of the right to benefits from
the institution which was last competent
1. An employed or self−employed person, members of his family or
his survivors who, during the investigation of a claim for pension, ceaseto be entitled to benefits in kind under the legislation of the MemberState last competent, shall nevertheless receive such benefits under thefollowing conditions: benefits in kind shall be provided in accordancewith the provisions of the legislation of the Member State in whoseterritory the person or persons concerned reside, provided that they areentitled to such benefits under that legislation or would be entitled tothem under the legislation of another Member State if they wereresiding in the territory of that State, taking account where appropriateof 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 investigation ofhis pension claim shall cease to be entitled to benefits in kind at the endof the second month for which he has not paid the contributions due.
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; whereno contributions are payable under the provisions of paragraph 2, theinstitution 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.
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Section 5
Pensioners and members of their families
Article 27
Pensions payable under the legislation of several States where there is a
right to benefits in the country of residence
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 Statein whose territory he resides, and who is entitled to benefits under thelegislation of the latter Member State, taking account where appropriateof the provisions of Article 18 and Annex VI, shall, with the membersof his family, receive such benefits from the institution of the place ofresidence and at the expense of that institution as though the personconcerned were a pensioner whose pension was payable solely underthe legislation of the latter Member State.
Article 28
Pensions payable under the legislation of one or more States, in cases where
there is no right to benefits in the country of residence
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 moreMember States and who is not entitled to benefits under the legislationof the Member State in whose territory he resides shall neverthelessreceive 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 inrespect of pensions if he were resident in the territory of such State. Thebenefits shall be provided under the following conditions:
(a) benefits in kind shall be provided on behalf of the institution
referred to in paragraph 2 by the institution of the place of residenceas though the person concerned were a pensioner under the legisla-tion of the State in whose territory he resides and were entitled tosuch benefits;
(b) cash benefits shall, where appropriate, be provided by the
competent institution as determined by the rules of paragraph 2, inaccordance 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 thelegislation of the competent 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 legisla-
tion of a single Member State, the cost shall be borne by thecompetent institution of that State;
(b) where the pensioner is entitled to the said benefits under the legisla-
tion of two or more Member States, the cost thereof shall be borneby the competent institution of the Member State to whose legisla-tion the pensioner has been subject for the longest period of time;should the application of this rule result in several institutions beingresponsible for the cost of benefits the cost shall be borne by theinstitution administering the legislation to which the pensioner waslast subject.
Article 28a
Pensions payable under the legislation of one or more of the Member States
other than the country of residence where there is a right to benefits in the
latter country
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 in the territory of a Member State under whose
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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 hisfamily would have been entitled to such benefits under the legislationadministered 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 State other than the one in which
the pensioner resides — Transfer of residence to the State where the
pensioner resides
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 in the 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, receivebenefits as though the pensioner were resident in the same territory asthemselves. Benefit shall be provided under the following conditions:
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(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 withthe 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;
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(b) cash benefits shall, where appropriate, be provided by the
competent institution as determined by the provisions of Article 27or 28 (2), in accordance with the provisions of the legislation whichit 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 in paragraph 1 who transfer
their residence to the territory of the Member State where the pensionerresides, shall receive:
(a) benefits in kind under the provisions of the legislation of that State,
even if they have already received benefits 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), inaccordance 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 may beprovided by the latter institution on behalf of the former, in accord-ance with the provisions of the legislation of the competent State.
Article 30
Substantial benefits in kind
The provisions of Article 24shall apply by analogy to pensioners.
Article 31
Stay of the pensioner and/or members of his family in a State other than the
State in which they reside
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 ofthose States shall, with members of his family who are staying in the
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territory of a Member State other than the one in which 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 beprovided by the latter institution on behalf of the former, in accord-ance with the provisions of the legislation of the competent State.
Article 32 (15)
.....
Article 33 (7)
Contributions payable by pensioners
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 bysuch institution, to the extent that the cost of the benefits under Article27, 28, 28a, 29, 31 and 32 is to be borne by an institution of the saidMember State.
2. Where, in the cases referred to in Article 28a, the acquisition of
benefits in respect of sickness and maternity is subject to the paymentof contributions or similar payments under the legislation of a MemberState in whose territory the pensioner in question resides, by virtue ofsuch residence, these contributions shall not be payable.
Article 34
General provisions
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 asingle Member State shall be regarded as a pensioner entitled to draw apension under the legislation of one Member State, within the meaningof 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 aMember State as a result of pursuing a professional or trade activity. Insuch a case, the person concerned shall, for the purposes of the imple-mentation of this chapter, be considered as an employed orself−employedperson or as a member of an employed or self−employedperson’s family.
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Section 5a
Persons who study or receive vocational training and members of
their families
Article 34a
Special provisions for students and members of their families
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, Article24and of Sections 6 and 7 shall apply by analogy to students and tomembers of their families, as appropriate.
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Article 34b
Common provisions
A person, as referred to in Article 22(1) and (3) and in Article 34a, whostays in a Member State other than the competent State to study there orreceive vocational training leading to a qualification officially recog-nised by the authorities of a Member State, and the members of hisfamily accompanying him during his stay, shall be covered by theprovisions of Article 22(1)(a) for any conditions necessitating benefitsduring the stay in the territory of the Member State where such personis studying or in training.
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Section 6
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
benefits are granted
1. Subject to paragraph 2, where the legislation of the country of stay
or residence contains several sickness or maternity insurance schemes,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 in thesteel industry. Where, however, the said legislation includes a specialscheme for workers in mines and similar undertakings, the provisions ofsuch scheme shall apply to that category of workers and members oftheir families provided the institution of the place of stay or residence towhich 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 catego-ries of self−employed persons, which grant benefits in kind less favour-able than those granted to employed persons, the provisions applicableto the person concerned and the members of his family pursuant toArticles 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 imple-menting Regulation referred to in Article 98:
(a) where, in the competent State, the person concerned is insured
under a special scheme for self−employedpersons which also grantsless favourable benefits in kind than those granted to employedperson,
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 a specialscheme for self−employedpersons which also grants less favourablebenefits 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 conditions►
M4shall not apply to persons ◄to whom this Regulation applies,
regardless of the Member State in whose territory they reside.
4. Where the legislation of 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 anotherMember State for the same case of sickness or maternity.
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Section 7
Reimbursement between institutions
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 institu-tion of another Member State shall be fully refunded.
2. The refunds referred to in paragraph 1 shall be determined and
made in accordance with the procedure provided for by the imple-menting Regulation referred to in Article 98, either on production ofproof 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 may waiveall reimbursement between institutions under their jurisdiction.
CHAPTER 2 (11)
INVALIDITY
Section 1
Employed persons or self−employed persons subject only to legisla-
tion under which the amount of invalidity benefits its independent
of the duration of the periods of insurance
Article 37 (11)
General provisions
1. An employed person or a self−employed person who has been
successively or alternately subject to the legislation of two or moreMember States and who has completed periods of insurance exclusivelyunder legislation according to which the amount of invalidity benefits isindependent of the duration of periods of insurance shall receive bene-fits in accordance with Article 39. This Article shall not affect pensionincreases or supplements in respect of children, granted in accordancewith Chapter 8.
2. Annex VI, part A, lists legislations of the kind mentioned in
paragraph 1 which are in force in the territory of each of the MemberStates 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
subject for the acquisition, retention or recovery of the right to benefits
1. Where the legislation of 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 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−employedperson. For that purpose, it shall take account of these periods as if theyhad 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 beencompleted only in a occupation which is subject to a special scheme foremployed persons or, where appropriate, in a specific employment,periods completed under the legislation of other Member States shall betaken into account for the granting of these benefits only if completed
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under a corresponding scheme or, failing that, in the same occupationor, where appropriate, in the same employment.
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 thecondition that the person concerned has been affiliated to one or otherof 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 forself−employedpersons, 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, failingthat, in the same occupation. The special schemes for self−employedpersons referred to in this paragraph are listed in Annex IV, part B, foreach 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 applicableto manual or clerical workers, as the case may be, subject to thecondition that the person concerned has been affiliated to one or otherof these schemes.
Article 39 (11)(14)
Award of benefits
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, whetherthe 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 legislation referred to in paragraph 2 or 3 provides that the
amount of the benefits shall be determined taking into account theexistence of members of the family other than the children, thecompetent institution shall also take into consideration those membersof the family of the person concerned who are residing in the territoryof another Member State, as if they were residing in the territory of thecompetent State.
5. If the legislation referred to in paragraph 2 or 3 lays down provi-
sions for the reduction, suspension or withdrawal of benefits in the caseof 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 MemberState in whose territory he resides, in accordance with the legislationwhich it administers, as though he had been subject to that legislationduring his last employment, account being taken, where appropriate, ofArticle 38 and/or Article 25 (2). The institution of the country ofresidence 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-
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fits, it shall be authorized to make such deductions in accordance with
the 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 institutionshall 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 itslegislation, to the salaries received in the last country of employment.
Section 2
Employed persons or self−employed persons subject either only to
legislation under which the amount of invalidity benefit depends onthe duration of periods of insurance or residence or the legislation
of this type and of the type referred to in Section 1
Article 40 (11)
General provisions
1. An employed person or a self−employed person who has been
successively or alternately subject to the legislation of two or moreMember States, of which at least one is not of the type referred to inArticle 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, an employed or self−employedperson who suffers inca-
pacity for work leading to invalidity while subject to a legislation listedin Annex IV, part A, shall receive benefits in accordance with theprovisions of Article 37 (1) on the following conditions:
— that he satisfies the conditions of that legislation or other legislations
of the same type, taking account where appropriate of Article 38,but without having recourse to periods of insurance completed underlegislations 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 AnnexIV, part A, and
— that he does not assert any claims to old−agebenefits, 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, wherean employed person or a self−employed person who has beensubject 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 thatfollows, of the Regulation granted in respect of invalidityunder 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 ofthat legislation.
(b) The right to invalidity benefits under the legislation of the first
Member State shall be acquired either upon expiry of thepreliminary period of compensation for sickness, as required by
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that legislation, or upon expiry of the preliminary period of
incapacity of work as required by that legislation, but not before:
(i) the date of acquisition of the right to invalidity benefits
referred to in subparagraph (a) (ii) under the legislation ofthe second Member State,
or
(ii) the day following the last day on which the person
concerned is entitled to cash sickness benefits under thelegislation of the second 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 thedegree of invalidity is acknowledged in Annex V.
Section 3
Aggravation of invalidity
Article 41 (11)
1. In the case of aggravation of an invalidity for which an employed
person or a self−employedperson is receiving benefits under the legisla-tion 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 aggrava-tion into account, in accordance with the provisions of the legisla-tion which it administers;
(b) if the person concerned has been subject to the legislation of one or
more of the other Member States since receiving benefits, thebenefits shall be granted to him, taking the aggravation intoaccount, in accordance with Article 37 (1) or 40 (1) or (2), asappropriate;
(c) if the total number of the benefit or benefits payable under subpara-
graph (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 supplementequal to the difference between the two amounts;
(d) if, in the case referred to in subparagraph (b), the institution respon-
sible 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 legisla-tion,
(ii) this illness is an occupational disease within the meaning of
the legislation of 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 inAnnex 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;
(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 grantthe benefits, according to the provisions of the legislation of theState, taking into account the aggravation and, where appropriate,Article 38.
2. In the case of aggravation of an invalidity for which an employed
person or a self−employedperson is receiving benefits under the legisla-
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tion of two or more Member States, the benefits shall be granted to him,
taking the aggravation into account, in accordance with Article 40 (1).
Section 4
Resumption of provision of benefits after suspension or withdrawal
— Conversion of invalidity benefits into old−age benefits — Recal-
culation of benefits granted under Article 39
Article 42 (11)
Determination of the institution responsible for the provision of benefits
where provision of invalidity benefits is resumed
1. If provision of benefits is to be resumed after suspension, such
provision shall, without prejudice to Article 43, be the responsibility ofthe institution or institutions which were responsible for provision of thebenefits 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
benefits granted under Article 39
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−agebenefits under the legislation of one or more Member States,in accordance with Article 49, any institution which is responsible forproviding 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 institutionor so long as the person concerned fulfils the conditions for suchbenefits.
3. Where invalidity benefits granted in accordance with Article 39
under the legislation of a Member State are converted into old−agebenefits 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 thetime when his incapacity for work leading to invalidity occurred, untilthe person concerned satisfies the qualifying conditions for old−agebenefit laid down by the national legislations concerned or, where suchconversion is not provided for, as long as he has a right to invaliditybenefits 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−agebenefits under the legislation of another Member State.
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Section 5
Persons covered by a special scheme for civil servants
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.
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2. However, if the legislation of 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 all periodsof insurance have been completed under one or more special schemesfor civil servants in that Member State, or are regarded by the legisla-tion of that Member State as equivalent to such periods, account shallbe taken only of the periods which can be recognised under the legisla-tion 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 applicableto manual or clerical workers, as the case may be.
3. Where, under the legislation of a Member State, benefits are
calculated on the basis of the last salary or salaries received during 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.
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CHAPTER 3 (11)
OLD AGE AND DEATH (PENSIONS)
Article 44 (11)
General provisions for the award of benefits where an employed or
self−employed person has been subject to the legislation of two or more
Member States
1. The rights to benefits of an employed or self−employed person
who has been subject to the legislation of 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 in Article 49, the processing of a
claim for an award submitted by the person concerned shall have regardto all the legislations to which the employed or self−employed personhas been subject. Exception shall be made to this rule if the personconcerned expressly asks for postponement of the award of old−agebenefits to which he would be entitled under the legislation of one ormore Member States.
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3. This chapter shall not apply to increases in or supplements topensions in respect of children or to orphans’ pensions to be granted inaccordance with the provisions of Chapter 8.
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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, for the acquisition, retention or recovery of the right to benefits
1. Where the legislation of 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 legislationof any other Member State, be it under a general scheme or under aspecial scheme and either as an employed person or a self−employedperson. For that purpose, it shall take account of these periods as if theyhad 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
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taken into account for the granting of these benefits only if completedunder a corresponding scheme or, failing that, in the same occupationor, where appropriate, in the same employment. If, account having beentaken of the periods thus completed, the person concerned does notsatisfy the conditions for receipt of these benefits, these periods shall betaken into account for the granting of the benefits under the generalscheme or, failing that, under the scheme applicable to manual orclerical workers, as the case may be, subject to the condition that theperson 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 periods of insurance having beencompleted only in an occupation subject to a special scheme forself−employed persons, periods completed under the legislations ofother Member States shall be taken into account for the granting ofthese benefits only if completed under a corresponding scheme or,failing that, in the same occupation. The special schemes forself−employed persons referred to in this paragraph are listed in AnnexIV, part B, for each Member State concerned. If, account having beentaken of the periods referred to in this paragraph, the person concerneddoes not satisfy the conditions for receipt of these benefits, theseperiods shall be taken into account for the granting of the benefits underthe general scheme or, failing this, under the scheme applicable tomanual or clerical workers, as the case may be, subject to the conditionthat the person concerned has been affiliated to one or other of theseschemes.
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,retention or recovery of the right to benefits, subject to the conditionthat the person concerned has been affiliated to one or other of theseschemes, even if these periods have already been taken into account inthe latter State under a scheme referred to in paragraph 2 or in the firstsentence of paragraph 3.
5. Where the legislation of a Member State makes the acquisition,
retention or recovery of the right to benefits conditional upon the personconcerned being insured at the time of the materialization of the risk,this condition shall be regarded as having been satisfied in the case ofinsurance under the legislation of another Member State, in accordancewith the procedures provided in Annex VI for each Member Stateconcerned.
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 theworker 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 accordancewith 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.
Article 46 (11)
Award of benefits
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:
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(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 in accordance with (a) (ii) if the result of this calcula-tion, apart from differences arising from the use of round figures, isequal to or lower than the result of the calculation carried out inaccordance with (a) (i), in so far as that institution does not applyany legislation containing rules against overlapping as referred to inArticles 46b and 46c or if the aforementioned institution applies alegislation containing rules against overlapping in the case referredto in Article 46c, provided that the said legislation lays down thatbenefits of a different kind shall be taken into consideration only onthe basis of the relation of the periods of insurance or of residencecompleted under that legislation alone to the periods of insurance orof residence required by that legislation in order to qualify for fullbenefit 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 providedall periods of insurance and/or of residence, which have beencompleted under the legislation of the Member States to which theemployed person or self−employed person was subject, have beencompleted in the State in question under the legislation which itadministers on the date of the award of the benefit. If, under thislegislation, the amount of the benefit is independent of the durationof the periods completed, the amount shall be regarded as being thetheoretical 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 amount referredto in the preceding paragraph in accordance with the ratio of theduration of the periods of insurance or of residence completedbefore the materialization of the risk under the legislation which itadministers to the total duration of the periods of insurance and ofresidence completed before the materialization of the risk under thelegislations 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 ofthe provisions concerning reduction, suspension or withdrawal providedfor by the legislation under which this benefit is due.
Where that is the case, the comparison to 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 ormore Member States under the provisions of a multilateral socialsecurity convention referred to in Article 6 (b) does not exceed the totalwhich would be due from such Member States under paragraphs 1 to 3,the person concerned shall benefit from the provisions of this Chapter.
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
legislations of the Member States
1. For the purposes of the Chapter, overlapping of benefits of the
same kind shall have the following meaning: all overlapping of benefitsin respect of invalidity, old age and survivors calculated or provided on
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the basis of periods of insurance and/or residence completed by one andthe 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 thelegislation of a Member State in the case of overlapping of a benefit inrespect of invalidity, old age or survivors with a benefit of the samekind 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 acquiredabroad;
(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 legislation of another Member State which are awarded on thebasis of voluntary insurance or continued optional insurance;
(d) where provisions on reduction, suspension or withdrawal are applic-
able under the legislation of only one Member State on account ofthe fact that the person concerned receives benefits of a similar ordifferent kind payable under the legislation of other Member Statesor other income acquired within the territory of other MemberStates, the benefit payable under the legislation of the first MemberState may be reduced only within the limit of the amount of thebenefits payable under the legislation or the income acquired withinthe territory of other Member States.
Article 46b (11)
Special provisions applicable in the case of overlapping of benefits of the
same kind under the legislation of two or more Member 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 in accordance with Article 46 (2).
2. The provisions on reduction, suspension or withdrawal laid down
by the legislation of a Member State shall apply to a benefit calculatedin accordance with Article 46 (1) (a) (i) only if the benefit concerned is:
(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
credited period deemed to have been completed between the date onwhich the risk materialized and a later date. In the latter case, thesaid provisions shall apply in the case of overlapping of such abenefit:
(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;
(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
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different kind or with other income, where two or more Member States are
concerned
1. If the receipt of benefits of a different kind or other income entails
the reduction, suspension or withdrawal of two or more benefits referredto in Article 46 (1) (a) (i), the amounts which would not be paid in strictapplication of the provisions concerning reduction, suspension or with-drawal provided for by the legislation of the Member States concernedshall be divided by the number of benefits subject to reduction, suspen-sion or withdrawal.
2. Where the benefit in question is calculated in accordance 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 legislation of the Member State for the application of the provisionsin the respect of reduction, suspension or withdrawal shall be taken intoaccount in proportion to the periods of insurance and/or residencereferred to in Article 46 (2) (b), and shall be used for the calculation ofthe 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 in Article 46 (2), the following 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 reduction suspension or withdrawal shall becarried out in accordance with paragraph 2.
4. Where, in the case referred to in paragraphs 1 and 3 (a), the
legislation of a Member State provides that, for the application ofprovisions concerning reduction, suspension or withdrawal, accountshall be taken of benefits of a different kind and/or other income and allother elements in proportion to the periods of insurance referred to inArticle 46 (2) (b), the division provided for in the said paragraphs shallnot apply in respect of that Member State.
5. All the abovementioned provisions shall apply mutatis mutandis
where the legislation of one 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 under thelegislation of another Member State, or of other income.
Article 47 (11)
Additional provisions for the calculation of benefits
1. For the calculation of the theoretical and pro rata amounts referred
to in Article 46 (2), the following 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 allthe Member States concerned is longer than the maximum periodrequired by the legislation of one of these States for receipt of fullbenefit, the competent institution of that State shall take into consid-eration this maximum period instead of the total length of theperiods completed; this method of calculation must not result in theimposition on that institution of the cost of a benefit greater than thefull benefit provided for by the legislation which it administers.This provisions shall not apply to benefits, the amount of whichdoes 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, anaverage increase or on the relation which existed, during the periods
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of insurance, between the claimant’s gross earnings and the averagegross earnings of all insured persons other than apprentices, suchaverage figures or relations shall be determined by the competentinstitution of that State solely on the basis of the periods of insur-ance completed under the legislation of the said State, or the grossearnings received by the person concerned during those periodsonly;
(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 determine theearnings, contributions and increases to be taken into account inrespect of the periods of insurance or residence completed under thelegislation of other Member States on the 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, thecompetent 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 standardearnings 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 fixedamounts determined in accordance with the provisions referred to in(d) or (e) or, as appropriate, the average of these earnings or fixedamounts, where benefits are calculated on the basis of standardearnings or a fixed amount for all the periods completed under thelegislation which it administers, the competent institution shallconsider the earnings to be taken into account in respect of theperiods of insurance or residence completed under the legislationsof other Member States as being equal to the national earningscorresponding 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 competent institutionshall determine that average by reference only to those periods ofinsurance 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 ofbenefits shall apply, as appropriate, to the factors to be taken intoaccount 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 benefits
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.
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 ofArticle 45 (6) have been applied, and if, in this Member State, onlyperiods of full unemployment with benefit in accordance with Article71 (1) (a) (ii) or the first sentence of Article 71 (1) (b) (ii) are taken intoconsideration for the payment of pensions, the competent institution ofthat Member State shall pay the pension on the basis of the salary it
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used as the reference for providing that unemployment benefit inaccordance with the legislation which it administers.
Article 48 (11)
Periods of insurance or of residence of less than one year
1. Notwithstanding Article 46 (2), the institution of a Member State
shall not be required to award benefits in respect of periods completedunder the legislation it administers which are taken into account whenthe 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 paragraph 1, for thepurposes 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 ofthose States whose conditions are satisfied, as if all the periods ofinsurance and residence completed and taken into account in accordancewith Article 45 (1) to (4) had been completed under the legislation ofthat State.
Article 49 (11) (15)
Calculation of benefits where the person concerned does not simultaneously
satisfy the conditions laid down by all the legislations under which periodsof insurance or of residence have been completed or when he has expressly
requested a postponement of the award of old−age benefits
1. If, at a given time, the person concerned does not satisfy the
conditions laid down for the provisions of benefits by all the legislationsof the Member States to which he has been subject, taking into accountwhere appropriate Article 45 and/or Article 40 (3), but satisfies theconditions or one or more of them only, the following provisions shallapply:
(a) each of the competent institutions administering a legislation whose
conditions are satisfied shall calculate the amount of the benefitdue, in accordance 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 conditions arenot satisfied, these periods shall not be taken into account forthe purposes of Article 46 (2) unless taking account of the saidperiods makes it possible to determine a higher amount ofbenefit;
(ii) if the person concerned satisfies the conditions of one legisla-
tion only without having recourse to periods of insurance orresidence completed under the legislations whose conditions arenot satisfied, the amount of the benefit due shall, in accordancewith Article 46 (1) (a) (i), be calculated only in accordance withthe provisions of the legislation whose conditions are satisfied,taking account of the periods completed under that legislationonly, unless taking account of the periods completed under thelegislations whose conditions are not satisfied makes itpossible, in accordance with Article 46 (1) (a) (ii), to determinea 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).
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2. The benefit or benefits awarded under one or more of the legisla-tions in question, in the case referred to in paragraph 1, shall berecalculated automatically in accordance with Article 46, as and whenthe conditions required by one or more of the other legislations to whichthe person concerned has been subject are satisfied, taking into account,where appropriate, Article 45 and taking into account once again, whereappropriate, paragraph 1. This paragraph shall apply mutatis mutandis
where a person requests the award of old−age benefits acquired underthe legislation of one or more Member States which had until than beenpostponed in accordance with the second sentence of Article 44 (2).
3. A recalculation shall automatically be made in accordance 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)
Award of a supplement where the total of benefits payable under the
legislations of the various Member States does not amount to the minimumlaid down by the legislation of the State in whose territory the recipient
resides
A recipient of benefits to whom this Chapter applies may not, in the
State in whose territory he resides and under whose legislation a benefitis payable to him, be awarded a benefit which is less than the minimumbenefit fixed by that legislation for a period of insurance or residenceequal to all the periods of insurance or residence equal to all the periodsof insurance taken into account for the payment in accordance with thepreceding Articles. The competent institution of that State shall, ifnecessary, pay him throughout the period of his residence in its territorya supplement equal to the difference between the total of the benefitspayable under this Chapter and the amount of the minimum benefit.
Article 51 (11)
Revalorization and recalculation of benefits
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 inaccordance 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 in accordance with Article 46.
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Article 51a
Persons covered by a special scheme for civil servants
1. The provisions of Article 44, Article 45(1), (5) and (6) and
Articles 46 to 51 shall apply by analogy to persons covered by a specialscheme for civil servants.
2. However, if the legislation of 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 all periodsof insurance have been completed under one or more special schemesfor civil servants in that Member State, or are regarded by the legisla-tion of that Member State as equivalent to such periods, account shallbe taken only of the periods which can be recognised under the legisla-tion 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 applicableto manual or clerical workers, as the case may be.
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3. Where, under the legislation of a Member State, benefits arecalculated on the basis of the last salary or salaries received during 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.
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CHAPTER 4
ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES
Section 1
Right to benefits
Article 52
Residence in a Member State other than the competent State — General
rules
An employed or self−employedperson who sustains an accident at work
or contracts an occupational disease, and who is residing in the territoryof a Member State other than the competent State, shall receive in theState in which he is residing:
(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 legislation of the competent State.
Article 53
Frontier workers — Special rule
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 thatState, as if the person concerned were residing there.
Article 54
Stay in or transfer of residence to the competent State
1. An employed or self−employed person covered by Article 52 who
is staying in the territory of the competent State shall receive benefits inaccordance with the provisions of the legislation of that State, even if hehas already received benefits before his stay. This provision shall not,however, apply to frontier workers.
2. An employed or self−employed person covered 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-tion of that State, even if he has already received benefits beforetransferring his residence.
Article 55
Stay outside the competent State — Return to or transfer of residence to
another Member State after sustaining an accident or contracting an occu-pational disease — Need to go to another Member State in order to receive
appropriate treatment
1. An employed or self−employedperson who sustains an accident at
work or contracts an occupational disease and:
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(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 transferhis 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 accordancewith 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 accordance
with the legislation which it administers. However, by agreementbetween the competent institution and the institution of the place ofsay or residence, those benefits may be provided by the latterinstitution on behalf of the former institution, in accordance withthe legislation of the competent State.
2. The authorization required under paragraph 1 (b) may be refused
only if it is established that movement of the person concerned wouldbe prejudicial to his state of health or to the medical treatment beinggiven.
The authorization required under paragraph 1 (c) may not be refused
where the treatment in question cannot be given to the person concernedin the territory of the Member State in which he resides.
Article 56
Accidents while travelling
An accident while travelling which occurs in the territory of a Member
State other than the competent State shall be deemed to have occurredin the territory of the competent State.
Article 57 (7)
Benefits for an occupational disease where the person concerned has been
exposed to the same risk in several Member States
1. When a person who has contracted an occupational disease has,
under the legislation of two or more Member States, pursued an activitywhich by its nature is likely to cause that disease, the benefits that he orhis survivors may claim shall be awarded exclusively under the legisla-tion of the last of those States whose conditions are satisfied, taking intoaccount, 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 in question was first diagnosed within its territory, suchcondition shall be deemed to be satisfied if the disease was first diag-nosed in the territory of another Member State.
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 in question was diagnosed within a specific time limitfollowing cessation of the last activity which was likely to cause such adisease, the competent institution of that State, when checking the timeat which such activity was pursued, shall take into account, to the extentnecessary, similar activities pursued under the legislation of any otherMember State, as if they had been pursued under the legislation of thefirst State.
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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 thatan activity likely to cause the disease in question was pursued for acertain length of time, the competent institution of the State shall takeinto account, to the extent necessary, periods during which such activitywas pursued under the legislation of any other Member State, as if ithad been pursued under the legislation of the first State.
5. In cases of sclerogenic pneumoconiosis, the cost of cash benefits,
including pensions, shall be divided among the competent institutions ofthe Member States in whose territory the person concerned pursued anactivity likely to cause the disease. This division shall be carried out onthe basis of the ratio which the length of the periods of old−ageinsurance or residence referred to in Article 45 (1) completed under thelegislation of each of the States bears to the total length of the periodsof old−age insurance or residence completed under the legislation of allthe 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
Calculation of cash benefits
1. The competent institution of a Member State whose legislation
provides that the calculation of cash benefits shall be based on averageearnings shall determine such average earnings exclusively by referenceto earnings confirmed as having been paid during the periods completedunder 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, 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 number ofmembers in the family shall take into account also the 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.
Article 59
Costs of transporting a person who has sustained an accident at work or is
suffering from an occupational disease
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 meet suchcosts to the corresponding place in the territory of another MemberState where the person resides, provided that that institution gives priorauthorization for such transport, duly taking into account the reasonsjustifying it. Such authorization shall not be required in the case of afrontier 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 theprovisions of the legislation which it administers, meet such costs to thecorresponding place in the territory of another Member State, where theperson was residing at the time of the accident.
Section 2
Aggravation of an occupational disease for which the benefit has
been awarded
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Article 60 (7) (11)
1. In the event of aggravation of an occupational disease for which
an employed or self−employed person has received or is receivingbenefit 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 in question, thecompetent institution of the first Member State shall be bound tomeet the cost of the benefits under the provisions of the legislationwhich 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, thecompetent institution of the first Member State shall be bound tomeet the cost of the benefits under the legislation which it adminis-ters without taking the aggravation into account. The competentinstitution of the second Member State shall grant a supplement tothe person concerned, the amount of which shall be equal to thedifference between the amount of benefits due after the aggravationand the amount which would have been due prior to the aggravationunder the legislation which it administers if the disease in questionhad occurred under the legislation of that Member State;
(c) if, in the case covered by subparagraph (b), an employed or
self−employed person suffering from sclerogenic pneumoconiosisor from a disease determined under Article 57 (6) is not entitled tobenefits under the legislation of the second Member State, thecompetent institution of the first Member State shall be bound toprovide 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 theaggravation into account, and the amount of the correspondingbenefits 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 States inaccordance 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 followingprovisions shall apply:
(a) the competent institution which granted the benefits in accordance
with the provisions of Article 57 (1) shall be bound to providebenefits 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 person has again pursued an activity likely to cause orto aggravate the occupational disease in question, either under thelegislation of one of the Member States in which 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,taking account of the aggravation, and the amount of benefits dueprior to the aggravation.
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Section 3
Miscellaneous provisions
Article 61
Rules for taking into account the special features of certain legislations
1. If there is no insurance against accidents at work or occupational
diseases in the territory of the Member State in which the personconcerned happens to be, or if such insurance exists but there is noinstitution responsible for providing benefits in kind, those benefits shallbe provided by the institution of the place of stay or residence respon-sible for providing benefit in kind in the event of sickness.
2. Where the legislation of the competent State makes wholly
cost−free benefits in kind conditional upon use of the medical serviceorganized by the employer, benefits in kind provided in the casesreferred to in Articles 52 and 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 in Articles 52 and 55 (1) shall be deemed to havebeen 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 insurance,the provision of benefits in kind shall be made directly by the employeror by the insurer involved.
5. Where the legislation of a Member State provides expressly or by
implication that accidents at work or occupational diseases which haveoccurred or have been confirmed previously shall be taken into consid-eration in order to assess the degree of incapacity, to establish a right toany 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 MemberState as if they had occurred or had been confirmed under the legisla-tion which it administers.
6. Where the legislation of 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 establish theright to any benefit, or to determine the amount of such benefit, thecompetent institution of that Member State shall also take into consid-eration accidents at work or occupational diseases which have occurredor have been confirmed subsequently under the legislation of anotherMember State, as if they had occurred or had been confirmed under thelegislation 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 havingbeen taken of the provisions of paragraph 5, in respect of thataccident at work or that occupational disease.
Article 62
Scheme applicable where there are several schemes in the country of stay or
residence — Maximum duration of benefits
1. If the legislation of the country of stay or residence has several
insurance schemes, the provisions applicable to employed orself−employedpersons 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
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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 legislation of a Member State fixes a maximum period
during which benefits may be granted, the institution which administersthat legislation may take into account any period during which thebenefits have already been provided by the institution of anotherMember State.
Section 4
Reimbursements between institutions
Article 63
1. The competent institution shall be obliged to reimburse the
amount of benefits in kind provided on its behalf in accordance with theprovisions of Articles 52 and 55 (1).
2. The reimbursements referred to in paragraph 1 shall be determined
and made in accordance with the procedures laid down by the imple-menting Regulation referred to in Article 98, on proof of actual expen-diture.
3. Two or more Member States, or the competent authorities of such
States, may provide for other methods of reimbursement or waivereimbursement between the institutions coming under their jurisdiction.
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Section 5
Students
Article 63a
The provisions of Sections 1 to 4shall apply by analogy to students.
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CHAPTER 5
DEATH GRANTS
Article 64
Aggregation of periods of insurance or residence
The competent institution of a Member State whose legislation makes
the acquisition, retention or recovery of the right to death grants subjectto the completion of periods of insurance or residence shall takeaccount, 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
Right to grants where death occurs in, or where the person entitled resides
in, a Member State other than the competent State
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 than the competent State, the death shall be deemedto have occurred in the territory of the competent State.
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 thecompetent 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.
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Article 66
Provision of benefits in the event of the death of a pensioner who hadresided in a Member State other than the one whose institution was respon-
sible for providing benefits in kind
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 wasresiding in the territory of a Member State other than the one whoseinstitution 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 residingin the territory of the Member State of that institution at the time of hisdeath.
The provisions of the preceding paragraph shall apply by analogy to the
members of the family of a pensioner.
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Article 66a
Students
The provisions of Articles 64to 66 shall apply by analogy to students
and the members of their family.
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CHAPTER 6
UNEMPLOYMENT BENEFITS
Section 1
Common provisions
Article 67
Aggregation of periods of insurance or employment
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 completedas an employed person under the legislation of any other Member State,as though they were periods of insurance completed under the legisla-tion which it administers, provided, however, that the periods ofemployment would have been counted as periods of insurance had theybeen completed under that legislation.
2. 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 employment shall take intoaccount, 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 in the cases referred to in Article 71 (1) (a) (ii) and (b) (ii),
application of the provisions of paragraphs 1 and 2 shall be subject tothe condition that the person concerned should have completed lastly:
— in the case of paragraph 1, periods of insurance,— in the case of paragraph 2, periods of employment,
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.
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Article 68
Calculation of benefits
1. The competent institution of a Member State whose legislationprovides that the calculation of benefits should be based on the amountof the previous wage or salary shall take into account exclusively thewage 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 less thanfour weeks, the benefits shall be calculated on the basis of the normalwage or salary corresponding, in the place where the unemployedperson is residing or staying, to an equivalent or similar employment tohis last employment in the territory of another Member State.
2. The competent institution of a Member State whose legislation
provides that the amount of benefits varies with the number of membersof the family, shall take into account also members of the family of theperson concerned who are residing in the territory of another MemberState, as though they were residing in the territory of the competentState. This provision shall not apply if, in the country of residence ofthe members of the family, another person is entitled to unemploymentbenefits for the calculation of which the members of the family aretaken into consideration.
Section 2
Unemployed persons going to a Member State other than the
competent State
Article 69
Conditions and limits for the retention of the right to benefits
1. An employed or self−employedperson who is wholly unemployed
and who satisfies the conditions of the legislation of a Member State forentitlement to benefits and who goes to one or more other MemberStates 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 been registered as a person
seeking work and have remained available to the employmentservices of the competent State for at least four weeks afterbecoming 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 besubject to the control procedure organized therein. This conditionshall be considered satisfied for the period before registration if theperson concerned registered within seven days of the date when heceased to be available to the employment services of the State heleft. In exceptional cases, this period may be extended by thecompetent 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 beavailable to the employment services of the State which he left,provided that the total duration of the benefits does not exceed theduration of the period of benefits he was entitled to under thelegislation of that State. In the case of a seasonal worker suchduration shall, moreover, be limited to the period remaining untilthe end of the season for which he was engaged.
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 benefitsunder the legislation of that State; he shall lose all entitlement tobenefits under the legislation of the competent State if he does notreturn there before the expiry of that period. In exceptional cases, thistime limit may be extended by the competent services or institutions.
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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 downin paragraph 1 (c), shall not requalify for benefits in that country untilhe has been employed there for at least three months.
Article 70
Provision of benefits and reimbursements
1. In the cases referred to in Article 69 (1), benefits shall be provided
by the institution of each of the States to which an unemployed persongoes to seek employment.
The competent institution of the Member State to whose legislation an
employed or self−employed person was 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 determined
and made in accordance with the procedure laid down by the imple-menting Regulation referred to in Article 98, on proof of actual expen-diture, 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 or payment, ormay waive all reimbursement between the institutions coming undertheir jurisdiction.
Section 3
Unemployed persons who, during their last employment, were
residing in a Member State other than the competent State
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 accordancewith the following provisions:
(a) (i) A frontier worker who is partially or intermittently unemployed
in the undertaking which employs him, shall receive benefits inaccordance with the provisions of the legislation of thecompetent State as if he were residing in the territory of thatState; these benefits shall be provided by the competent institu-tion.
(ii) A frontier worker who is wholly unemployed shall receive
benefits in accordance with the provisions of the legislation ofthe Member State in whose territory he resides as though hehad been subject to that legislation while last employed; thesebenefits shall be provided by the institution of the place ofresidence at its own expense.
(b) (i) An employed person, other than a frontier worker, who is
partially, intermittently or wholly unemployed and who remainsavailable to his employer or to the employment services in theterritory of the competent State shall receive benefits in accord-ance with the provisions of the legislation of that State asthough he were residing in its territory; these benefits shall beprovided by the competent institution.
(ii) An employed person, other than a frontier worker, who is
wholly unemployed and who makes himself available for workto the employment services in the territory of the Member Statein which he resides, or who returns to that territory, shallreceive benefits in accordance with the legislation of that Stateas if he had last been employed there; the institution of theplace of residence shall provide such benefits at its ownexpense. However, if such an employed person has becomeentitled to benefits at the expense of the competent institutionof the Member State to whose legislation he was last subject, heshall receive benefits under the provisions of Article 69.
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Receipt of benefits under the legislation of the State in which
he resides shall be suspended for any period during which theunemployed person may, under the provisions of Article 69,make a claim for benefits under the legislation to which he waslast subject.
2. An unemployed person may not claim benefits under the legisla-
tion of the Member State in whose territory he resides while he isentitled to benefits under the provisions of paragraph 1 (a) (i) or (b) (i).
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Section 4
Persons covered by a special scheme for civil servants
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 unemployedperson 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 wereresiding in the territory of that State; these benefits shall be provided bythe competent institution, at its expense.
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CHAPTER 7 (8)
FAMILY BENEFITS
Article 72 (8)
Aggregation of periods of insurance, employment or self−employment
Where the legislation of a Member State makes acquisition of 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 otherMember State, as if they were periods completed under the legislationwhich it administers.
Article 72a (9) (14)
Employed persons who have become fully unemployed
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 MemberState as he, receive family benefits in accordance with the legislation ofthe State, as if he had been subject to that legislation during his lastemployment, taking account, where appropriate, of the provisions ofArticle 72. These benefits shall be provided by, and at the expense of,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.
Article 73 (8)
Employed or self−employed persons the members of whose families reside in
a Member State other than the competent State
An employed or self−employed person subject to the legislation of a
Member State shall be entitled, in respect of the members of his familywho are residing in another Member State, to the family benefits
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provided for by the legislation of 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
State other than the competent State
An unemployed person who was formerly employed or self−employed
and who draws unemployment benefits under the legislation of aMember State shall be entitled, in respect of the members of his familyresiding in another Member State, to the family benefits provided for bythe legislation of the former State, as if they were residing in that State,subject to the provisions of Annex VI.
Article 75 (8)
Provisions of benefits
1. Family benefits shall be provided, in the cases referred to in
Article 73, by the competent institution of the State to the legislation ofwhich the employed or self−employed person is subject and, in thecases referred to in Article 74, by the competent institution of the Stateunder the legislation of which an unemployed person who was formerlyemployed or self−employedreceives unemployment benefits. They shallbe provided in accordance with the provisions administered by suchinstitutions, whether or not the natural or legal person to whom suchbenefits 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 obligationsby providing the said benefits to the natural or legal person actuallymaintaining the members of the family, at the request of, and throughthe agency of, the institution of their place of residence or of thedesignated institution or body appointed for this purpose by thecompetent authority of the country of their residence.
3. Two or more Member States may agree, in accordance with the
provisions of Article 8, that the competent institution shall provide thefamily benefits due under the legislation of those States or of one ofthose 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 the
Member State of residence of the members of the family
1. Where, during the same period, for the same family member and
by reason of carrying on an occupation, family benefits are provided forby the legislation of the Member State in whose territory the membersof the family are residing, entitlement to the family benefits due inaccordance with the legislation of another Member State, if appropriateunder Article 73 or 74, shall be suspended up to the amount providedfor 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 ofparagraph 1 as if benefits were granted in the first Member State.
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Article 76a
Students
The provisions of Article 72 shall apply by analogy to students.
▼B
CHAPTER 8
BENEFITS FOR DEPENDENT CHILDREN OF PENSIONERS AND FOR
ORPHANS
Article 77
Dependent children of pensioners
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 foraccidents 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 thechildren are residing:
(a) to a pensioner who draws a pension under the legislation of one
Member State only, in accordance with the legislation of theMember State responsible for the pension;
(b) to a pensioner who draws pensions under the legislation of more
than one Member State:
(i) in accordance with the legislation of 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-tion of that State;
or
ii) in other cases in accordance with the legislation of the Member
State to which he has been subject for the longest period oftime, 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 ofthe other Member States concerned shall be examined indecreasing order of the length of periods of insurance or resi-dence completed under the legislation of those Member States.
Article 78
Orphans
▼M5
1. The term ‘benefits',for the purposes of this Article, means familyallowances and, where appropriate, supplementary or special allowancesfor orphans.
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2. Orphans’ benefits shall be granted in accordance with thefollowing rules, irrespective of the Member State in whose territory theorphan or the natural or legal person actually maintaining him is resi-dent:
(a) for the orphan of 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 orphan of a deceased employed or self−employed person
who was subject to the legislation of several Member States:
(i) in accordance with the legislation of the Member State in
whose territory the orphan resides provided that, taking intoaccount, where appropriate, the provisions of Article 79 (1) (a),
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a right to one of the benefits referred to in paragraph 1 isacquired under the legislation of that State;
(ii) in other cases in accordance with the legislation of the Member
State to which the deceased had been subject for the longestperiod 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 thatlegislation, the conditions for the acquisition of such right underthe legislations of the other Member States shall be examinedin decreasing order of the length of periods of insurance orresidence completed under the legislation of those MemberStates.
However, the legislation of the Member State applicable in respect of
provisions of the benefits referred to in Article 77 for a pensioner’schildren shall remain applicable after the death of the said pensioner inrespect of the provisions of the benefits to his orphans.
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Article 78a
Orphans’ pensions, except those granted under insurance schemes for
accidents at work and occupational diseases, shall be treated as ‘bene-fits'within the scope of Article 78(1) if the deceased was at any timecovered by a scheme which provides only family allowances or supple-mentary or special allowances for orphans. These schemes are listed inAnnex VIII.
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Article 79 (7)
Provisions common to benefits for dependent children of pensioners and for
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 thecompetent State.
However:
(a) if that legislation provides that the acquisition, retention or recovery
of the right to benefits shall be dependent on the length of periodsof insurance, employment, self−employment or residence suchlength shall be determined taking into account, where appropriate,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 shalldepend 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. In a case where the effect of applying the rule laid down in
Articles 77 (2) (b) (ii) and 78 (2) (b) (ii) would be to make severalMember States competent, the length of the periods being equal, bene-fits within the meaning of Article ►
M577, 78 or 78a ◄, as the case
may be, shall be granted in accordance with the legislation of theMember States 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 Member Stateby virtue of the pursuit of a professional or trade activity. In such acase, the persons concerned shall be considered as members of thefamily of an employed or self−employed person.
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Article 79a
Provisions relating to benefits for orphans entitled to benefits under a
special scheme for civil 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, in a case provided for in paragraph 1, periods of insurance,
employment, self−employment or residence have also been completedunder a general scheme, then benefits due under that general schemeshall 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 legislation of a special scheme for civil servants or periodswhich are regarded by the legislation of 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 accord-ance with the legislation of that general scheme.
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TITLE IV
ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY
FOR MIGRANT WORKERS
Article 80
Composition and working methods
1. There shall be attached to the Commission an Administrative
Commission on Social Security for Migrant Workers (hereinafter called‘the Administrative Commission') made up of a government repres-entative of each of the Member States, assisted, where necessary, byexpert 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
Commission by the Commission.
Article 81
Tasks of the Administrative Commission
The Administrative Commission shall have the following duties:
(a) to deal with all administrative questions and questions of inter-
pretation arising from the provisions of this Regulation and subse-quent Regulations, or from any agreement or arrangementconcluded thereunder, without prejudice to the right of the authori-ties, institutions and persons concerned to have recourse to theprocedures and tribunals provided for by the legislations of MemberStates, by this Regulation or by the Treaty;
(b) to carry out all translations of documents relating to the imple-
mentation of this Regulation at the request of the competent author-ities, institutions and tribunals of the Member States, and in partic-ular translations of claims submitted by persons who may be enti-tled to benefit under the provisions of this Regulation;
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(c) to foster and develop cooperation between Member States in social
security matters, particularly in respect of health and social meas-ures of common interest;
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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 thepurpose of telematic exchange, taking account of the developmentof data processing in each Member State. The main aim of suchmodernization shall be to expedite the award of benefits.
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(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 toadopt 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 agree-ment or arrangement made thereunder;
(g) to submit proposals to the Commission for working out subsequent
Regulations and for the revision of this and subsequent Regulations.
TITLE V
ADVISORY COMMITTEE ON SOCIAL SECURITY FOR
MIGRANT WORKERS
Article 82 (B)
Establishment, composition and working methods
1. An advisory Committee on Social Security for Migrant Workers
(hereinafter called ‘the Advisory Committee') is hereby established,with 90 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, an alternate 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 sectorsconcerned.
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 oruntil 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 onwritten application to him by at least one−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 anypersons or representatives of organizations with extensive experience insocial security matters. Furthermore, the Committee shall receive tech-nical assistance from the International Labour Office under the sameconditions as the Administrative Commission, under the terms of the
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agreement concluded between the European Community and the Inter-
national Labour Organization.
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 receiving theopinion of the Commission.
8. Secretarial services shall be provided for the Advisory Committee
by the Commission.
Article 83
Tasks of the Advisory Committee
The Advisory Committee shall be empowered, at the request of the
Commission of the European Communities, of the AdministrativeCommission or on its own initiative:
(a) to examine general questions or questions of principle and problems
arising from the implementation of the Regulations adopted withinthe framework of the provisions 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
MISCELLANEOUS PROVISIONS
Article 84 (7)
Cooperation between competent authorities
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 imple-
mentation of 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 withone 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 thegrounds that they are written in an official language of another MemberState. They shall have recourse where appropriate to the provisions ofArticle 81 (b).
5. (a) Where, under this Regulation or under the implementing Regula-
tion 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 datalaid down by the Member State providing the data.
Any subsequent transmission as well as the storage, alteration
and destruction of the data shall be subject to the provisions ofthe legislation on data protection of the receiving 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 concerned
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or in accordance with the other guarantees provided for bynational legislation.
Article 85
Exemptions from or reductions of taxes — Exemption from authentication
1. Any exemption from or reduction of taxes, stamp duty, notarial or
registration fees provided for in the legislation of one Member State inrespect of certificates or documents required to be produced for thepurposes of the legislation of that State shall be extended to similardocuments required to be produced for the purposes of the legislation ofanother 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 Regulation shall beexempt from authentication by diplomatic or consular authorities.
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3. An electronic message sent by an institution in conformity withthe provisions of this Regulation and the implementing Regulation maynot be rejected by any authority or institution of another Member Stateon the grounds that it was received by electronic means, once thereceiving institution has declared its ability to receive electronicmessages. Reproduction and recording of such messages shall bepresumed 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 adirectly legible form. When an electronic message is transferred fromone social security institution to another, appropriate security measuresshall be taken in accordance with the relevant Community provisions.
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Article 86 (14)
Claims, declarations or appeals submitted to an authority, institution or
tribunal of a Member State other than the competent State
1. Any claim, declaration or appeal which should have been
submitted, in order to comply with the legislation of one Member State,within a specified period to an authority, institution or tribunal of thatState shall be admissible if it is submitted within the same period to acorresponding authority, institution or tribunal of another Member State.In such a case the authority, institution, or tribunal receiving the claim,declaration or appeal shall forward it without delay to the competentauthority, institution or tribunal of the former State either directly orthrough the competent authorities of the Member State concerned. Thedate on which such claims, declarations or appeals were submitted tothe authority, institution or tribunal of the Second State shall be consid-ered as the date of their submission to the competent authority, institu-tion 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 application was made shall be considered as the date onwhich it was submitted to the competent authority, institution ortribunal, provided that a new application is submitted in the MemberState which is competent by priority right by a person entitled to do sounder 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 thefirst Member State.
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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 competentinstitution, in the territory of another Member State, by the institution ofthe place of stay or residence of the person entitled to benefits, underconditions laid down in the implementing Regulation referred to inArticle 98 or, failing these, under conditions agreed upon between thecompetent 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
pursuant to this Regulation
Where appropriate, money transfers effected in accordance with this
Regulation shall be made in accordance with the relevant agreements inforce between the Member States concerned at the time of transfer.Where no such agreements are in force between two Member States, thecompetent authorities of the said States or the authorities responsible forinternational payments shall, by mutual agreement, determine the meas-ures necessary for effecting such transfers.
Article 89
Special procedures for implementing certain legislations
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
the competent State
An employer shall not be bound to pay increased contributions by
reason of the fact that his place of business or the registered office orplace of business of his undertaking is in the territory of a MemberState other than the competent State.
Article 92
Collection of contributions
1. Contributions payable to an institution of one Member State may
be collected in the territory of another Member State in accordance withthe administrative procedure and with the guarantees and privilegesapplicable to the collection of contributions payable to the corre-sponding 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 the imple-menting Regulation referred to in Article 98 or by means of agreementsbetween Member States. Such implementing procedures may also coverprocedures for enforcing payment.
Article 93
Rights of institutions responsible for benefits against liable third parties
1. If a person receives benefits under the legislation of one Member
State in respect of an injury resulting from an occurrence in the territoryof another State, any rights of the institution responsible for benefits
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against a third party bound to compensate for the injury shall be
governed by the following rules:
(a) Where the institution responsible for benefits is, by virtue of the
legislation which it administers, subrogated to the rights which therecipient has against the third party, such subrogation shall berecognized by each Member State.
(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 territoryof another Member State, the provisions of the said legislation whichdetermine in which cases the civil liability of employers or of thepersons employed by them is to be excluded shall apply with regard tothe 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 personsemployed by him in cases where their liability is not 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 aliable 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 with thelegislation which it administers, shall exercise the right to subroga-tion or direct action against the third party liable to providecompensation 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 in this paragraph.
TITLE VII
TRANSITIONAL AND FINAL PROVISIONS
Article 94 (7) (8) (11) (12)
Transitional provisions for employed persons
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 application in theterritory 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 MemberState before 1 October 1972 or before the date of its application in theterritory of that Member State or in a part of the territory of that Stateshall be taken into consideration for the determination of rights acquiredunder 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 whichmaterialized prior to 1 October 1972 or to the date of its application 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 October 1972 or the date of its
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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 person to whom a pension was awarded prior to 1
October 1972 or to the date of its application in the territory of theMember 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 alsoapply to the other benefits referred to Article 78.
6. If an application referred to in paragraph 4or 5 is submitted
within two 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 orlimitation of rights may not be invoked against the persons concerned.
The same provisions shall apply as regards the application of this
Regulation in those territories which became a part of the FederalRepublic of Germany on 3 October 1990 provided that the applicationreferred to in paragraph 4or 5 is submitted within two years of 1 June1992.
7. If an application referred to in paragraph 4or 5 is submitted after
the expiry of the two−yearperiod after 1 October 1972 or following thedate 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 on which the application was submitted,except where more favourable provisions of the legislation of anyMember state apply.
The same provisions shall apply as regards the application of this
Regulation in those territories which became a part of the FederalRepublic of Germany on 3 October 1990 provided that the applicationreferred to in paragraph 4or 5 is submitted after two years have elapsedfrom 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 institutionsconcerned, could not be divided between those institutions before 1October 1972.
9. The family allowances received by employed persons employed in
France or unemployed workers receiving unemployment benefits underFrench legislation in respect of the members of their families residing inanother Member State on the date of 15 November 1989 shall continueto be paid at the rates, within the limits and according to the proceduresapplicable on that date as long as their amount exceeds that of thebenefits that would be due as from the date of 16 November 1989 andas long as the persons concerned are subject to French legislation.Account shall not be taken of interruptions lasting less than one monthnor 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 requestsubject to the provisions of Article 45 (6).
Article 95 (6) (12)
Transitional provisions for self−employed persons
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.
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2. All insurance periods and, where appropriate, all periods of
employments, of self−employment or of residence completed under thelegislation of a Member State before 1 July 1982 or before the date ofimplementation of this Regulation in the territory of that Member Stateor in a part of the territory of that State shall be taken into considerationfor 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 priorto 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 ofthat 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 ofimplementation of this Regulation in the territory of the Member Stateconcerned 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 person to whom a pension was 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 ofthat State may, on the application of the person concerned, be reviewed,taking into account this Regulation. This provision shall also apply tothe other benefits referred to in Article 78.
6. If an application referred to in paragraph 4or 5 is submitted
within two years of 1 July 1982 or of the date of implementation of thisRegulation in the territory of the Member State concerned, the rightsacquired under this Regulation shall have effect from that date, and theprovisions of the legislation of any Member State concerning the forfei-ture or limitation of rights may not be invoked against the personsconcerned.
The same provisions shall apply as regards the application of this
Regulation in those territories which became a part of the FederalRepublic of Germany on 4October 1990 provided that the applicationreferred to in paragraph 4or 5 is submitted within two years of 1 June1992.
7. If an application referred to in paragraph 4or 5 is submitted after
the expiry of the two−year period from 1 July 1982 or following thedate of implementation of this Regulation in the territory of the MemberState concerned, rights which have not been forfeited or are not barredby limitation shall have effect from the date on which the applicationwas submitted, except where more favourable provisions of the legisla-tion of any Member State apply.
The same provisions shall apply as regards the application of this
Regulation in those territories which became a part of the FederalRepublic of Germany on 3 October 1990 provided that the applicationreferred to in paragraph 4or 5 is submitted after two years have elapsedfrom 1 June 1992.
Article 95a (11)
Transitional provisions for application of Regulation (EEC)No 1248/92 (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.
(1) OJ No L 136, 19. 5. 1992, p. 7.
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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.
4. The rights of a person to whom a pension was awarded prior to 1
June 1992 may, on the application of the person concerned, bereviewed, taking into account the provisions of Regulation (EEC) No1248/92.
5. If an application referred to in paragraph 4is submitted within two
years from 1 June 1992 the rights acquired under Regulation (EEC) No1248/92 shall have effect from that date, and the provisions of thelegislation of any Member State concerning the forfeiture of limitationof rights may not be invoked against the persons concerned.
6. If the application referred to in paragraph 4is submitted after the
expiry of the two−year period after 1 June 1992, rights which have notbeen forfeited or not barred by limitation shall have effect from the dateon which the application was submitted, except where more favourableprovisions of the legislation of any Member State apply.
Article 95b (14)
Transitional provisions for application of Regulation (EEC)No 1247/92 (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−employmentcompleted on the territory of a Member State before 1June 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 contingencythat 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 ofthe 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 an application referred to in paragraph 4or 5 is submitted within
two years from 1 June 1992, the rights acquired pursuant to Regulation(EEC) No 1247/92 shall have effect from that date, and the provisionsof the legislation of any Member State concerning the forfeiture orlimitation of rights may not be invoked against the persons concerned.
7. If an application referred to in paragraph 4or 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 fromthe date on which the application was submitted, except where morefavourable provisions of the legislation of any Member State apply.
8. The application of Article 1 of Regulation (EEC) No 1247/92 may
not result in the withdrawal of benefits which are awarded before 1 June1992 by the competent institutions of the Member State under Title IIIof Regulation (EEC) No 1408/71 to which Article 10 of the latterRegulation is applicable.
9. The application of Article 1 of Regulation (EEC) No 1247/92 may
not result in the rejection of an application for a specialnon−contributory benefit awarded as a supplement to a pension, which
(1) OJ No L 136, 19. 5. 1992, p. 1.
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was submitted by the person concerned who had satisfied the conditions
for the award of this benefit before 1 June 1992, even where the personconcerned resides on the territory of a Member State other than thecompetent Member State, provided that the application for the benefit issubmitted 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, whichhas not been awarded or which has been suspended by reason of theresidence of the person concerned on the territory of a Member Stateother than the competent Member State shall, on the application of theperson concerned, be awarded or resumed with effect from 1 June 1992,in the first case from the date on which the benefit should have beenawarded, and in the second case on the date of suspension of thebenefit.
11. Where special non−contributory benefits as referred to in Article
4(2a) of Regulation (EEC) No 14 08/71 may, during the same periodand 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 1 to10 of this Article by the competent institution of another Member State,the person concerned may only aggregate those benefits up to the limitof the highest amount of the special benefit he could claim under one ofthe legislations in question.
12. The detailed rules of application of paragraph 11, and in partic-
ular the application, with regard to the benefits referred to in thatparagraph, of the clauses for reduction, suspension or abolition providedfor under the legislation of one or more Member States and the alloca-tion of the differential additional amounts shall be set by decision of theAdministrative Commission on Social Security for Migrant Workersand, where appropriate, by common accord of the Member Statesconcerned or their competent authorities.
▼
M3
Article 95c
Transitional provisions for application of Regulation (EC)No 1606/98
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-lation of a Member State before 25 October 1998 shall be taken intoaccount for the determination of rights acquired in accordance with theprovisions 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 contingencyarising 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 beingtaken of the provisions of Regulation (EC) No 1606/98. The provisionshall also apply to the other benefits referred to in Articles 78 and 79insofar as it applies to Articles 78 and 79a.
6. If the request referred to in paragraph 4or 5 is lodged within two
years from 25 October 1998, rights deriving from Regulation (EC) No1606/98 shall be acquired from that date and the provisions of the
(1) OJ L 209, 25. 7. 1998, p. 1.
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▼M3
legislation of any Member State on the forfeiture or lapse of rights may
not be applied to the persons concerned.
7. If the request referred to in paragraph 4or 5 is lodged after expiry
of the period of two years following 25 October 1998, 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.
▼
M4
Article 95d
Transitional provisions applicable to students
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-lation of a Member State before 1 May 1999 shall be taken into accountfor the determination of rights acquired in accordance with the provi-sions 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 concernedshall, 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 in paragraph 4is lodged within two years
from 1 May 1999, rights deriving from this Regulation in favour ofstudents, members of their families and their survivors shall be acquiredfrom that date and the provisions of the legislation of any Member Stateon the forfeiture or lapse of rights may not be applied to the personsconcerned.
6. If the request referred to in paragraph 4is 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.
▼
M5
Article 95e
Transitional provisions for application of Regulation (EC)No 1399/1999 (1)
1. Regulation (EC) No 1399/1999 shall be applicable to rights of
orphans where the parent under whom the orphan is entitled died after 1September 1999.
2. Any period of insurance or residence completed under the legisla-
tion of a Member State before 1 September 1999 shall be taken intoaccount for the determination of rights acquired in accordance withRegulation (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 requestin accordance with Regulation (EC) No 1399/1999.
4. If the request referred to in paragraph 3 is lodged within two years
from 1 September 1999, rights deriving from Regulation (EC) No1399/1999 shall be acquired from that date and the provisions of anyMember State on the forfeiture or lapse of rights may not be applied tothe persons concerned.
(1) OJ L 164, 30.6.1999, p. 1.
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▼M5
5. If the request referred to in paragraph 3 is lodged after expiry ofthe period of two years following 1 September 1999, rights not forfeitedor lapsed shall be acquired from the date of such request, subject to anymore favourable provisions of the legislation of any Member State.
▼
B
Article 96
Agreements relating to reimbursement between institutions
The Agreements concluded pursuant to Articles 36 (3), 63 (3) and 70
(3) before 1 July 1982 shall apply likewise to persons to whom thescope of the present Regulation was extended on that date, except in theevent of an objection by one of the contracting Member States to theseAgreements.
This objection shall be taken into account if the competent authority of
that Member State informs the competent authority of the other MemberState(s) concerned in writing before 1 October 1983. A copy of thiscommunication shall be forwarded to the Administrative Commission.
Article 97
Notification pursuant to certain provisions
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 date ofentry into force of the laws and schemes in question or, in the case ofthe notifications referred to in Article 1 (j), the date from which thisRegulation 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 in the Official Journal of the European
Communities .
Article 98
Implementing Regulation
A further Regulation shall lay down the procedure for implementing
this Regulation.
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ANNEX I (A) (B) (8) (9) (13) (14) (15)
PERSONS COVERED BY THE REGULATION
I.Employed persons and/or self−employed persons (Article 1 (a) (ii) and (iii)
of the Regulation)
A. BELGIUM
Does not apply.
B. 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 periodcommencing on or after 1 September 1977, shall be considered asan employed person within the meaning of Article 1 (a) (ii) of theRegulation.
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 basisof an earned income other than a wage or salary shall be considered aself−employed person within the meaning of Article 1 (a) (ii) of theRegulation.
C. GERMANY
If the competent institution for granting family benefits in accordance
with Chapter 7 of Title III of the Regulation is a German institution, thenwithin 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 cashbenefits under sickness insurance or comparable benefits ►
M5or
any established civil servant in receipt of a salary in respect ofhis/her civil servant status which is at least equal to that which, in thecase of an employed person, would result in compulsory insuranceagainst 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
within a scheme for self−employed persons,
or
— to join a scheme within the framework of compulsory pension
insurance.
D. SPAIN
Does not apply.
E. 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
Regulation shall be deemed to mean any person who is compulsorilyinsured under the social security scheme in accordance with Article L311-2 of the Social Security Code and who fulfils the minimumconditions regarding work or remuneration provided for in Article L313-1 of the Social Security Code in order to benefit from cashbenefits under sickness insurance, maternity and invalidity cover orthe person who benefits from these cash benefits;
2. ‘self−employed person'within the meaning of Article 1 (a) (ii) of the
Regulation shall be deemed to mean any person who performs aself−employed activity and who is required to take out insurance andto pay old−age benefit contributions to a self−employed persons’scheme.
F. GREECE
1. Persons insured under the OGA scheme who pursue exclusively activ-
ities as employed persons or who are or have been subject to thelegislation of another Member State and who consequently are orhave been ‘employed persons'within the meaning of Article 1 (a) of
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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) ofthe Regulation.
G. 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.
H. ITALY
Does not apply.
I. LUXEMBOURG
Does not apply.
J. NETHERLANDS
Any person pursuing an activity or occupation without a contract of
employment shall be considered a self−employed person within themeaning of Article 1 (a) (ii) of the Regulation.
K. AUSTRIA
Does not apply.
L. PORTUGAL
Does not apply.
M. FINLAND
Any person who is an employed or self−employed person within the
meaning of the legislation on the Employment Pensions Scheme shall beconsidered respectively as employed or self−employed with the meaningof Article 1 (a) (ii) of the Regulation.
N. SWEDEN
Any person who is an employed or self−employed person within the
meaning of the legislation on work injury insurance shall be consideredrespectively as employed or self−employedwith the meaning of Article 1(a) (ii) of the Regulation.
O. 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 legislationof Northern Ireland shall be regarded respectively as an employed personor a self−employed person within the meaning of Article 1 (a) (ii) of theRegulation. Any person in respect of whom contributions are payable asan ‘employed person'or a ‘self−employed person'in accordance with thelegislation of Gibraltar shall be regarded respectively as an employedperson or a self−employedperson within the meaning of Article 1 (a) (ii)of the Regulation.
II.Members of the family (Second sentence of Article 1 (f) of the Regulation)
A. BELGIUM
Does not apply.
B. 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, theexpression ‘member of the family' shall mean:
1. the spouse of an employed person, a self−employed person or other
entitled persons under the terms of the Regulation, in so far as theyare 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.
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C. GERMANY
Does not apply.
D. SPAIN
Does not apply.
▼M1
E. FRANCE
For the purpose of determining entitlement to family allowances or
family benefits, the term ‘member of the family' means any personmentioned in Article L 512-3 of the Social Security Code.
▼
B
F. GREECE
Does not apply.
G. IRELAND
In order to determine the right to benefits in kind for sickness and
maternity in application of the Regulation, the term ‘member of thefamily' shall mean any person considered as being a dependent of anemployed person or of a self−employed person for the application of theHealth Acts of 1947 to 1970.
H. ITALY
Does not apply.
I. LUXEMBOURG
Does not apply.
J. NETHERLANDS
Does not apply.
K. AUSTRIA
Does not apply.
I. PORTUGAL
Does not apply.
M. 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 thefamily'means a spouse or a child as defined by the Sickness InsuranceAct.
N. 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 thefamily' means a spouse or a child under the age of 18.
O. 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 person having care of a child, provided that:
(a) the employed or self−employed person or person entitled
under the Regulation is:
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(i) living together with the person as though husband and
wife; or
(ii) contributing to the maintenance of the person;
and
(b) the person does not:
(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 in respect of whom that person, the employed or
self−employed person, or another person entitled under the Regu-lation is or could be paid child−benefit.
2. As regard the legislation of Gibraltar:
any person regarded as a dependent within the meaning of the Group
Practice Scheme Ordinance, 1973.
1971R1408 — EN — 01.01.2000 — 001.002 — 68
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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
the Regulation pursuant to the fourth subparagraph of Article 1 (j)
A. BELGIUM
Does not apply.
B. DENMARK
Does not apply.
C. 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 (Steuerbevoll-mächtige), sea pilots (Seelotsen) and architects, set up pursuant to legis-lation of the Länder, and other insurance and welfare institutions, inparticular welfare (Fürsorgeeinrichtungen) and the system for extendingfee−sharing (erweiterte Honorarverteilung).
D. SPAIN
▼
M1 1. Self−employed persons as referred to in Article 10 (2) (c) of the
Consolidated Text of the General Law on Social Security (RoyalLegislative Decree No 1/1994of 20 June 1994 ) and in Article 3 ofDecree No 2530/1970 of 20 August 1970 regulating the specialscheme for self−employed persons who join a professional associa-tion and decide to become members of the mutual insurance societyset up by the said association instead of joining the special socialsecurity scheme for self−employed persons.
▼
B
2. Welfare system and/or with the character of social assistance or a
charity, managed by the institutions not subject to the General Lawon Social Security or to the Law of 6 December 1941.
E. FRANCE
1. Self−employed persons outside the agricultural sphere:
(a) The supplementary old−ageinsurance schemes and the invalidity
and death insurance schemes for self−employed persons, such asare mentioned in Articles L 658, L 659, L 663-11, L 663-12, L682 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 andold−age,on the other, accidents at work and occupational diseases ofself−employed persons in agriculture.
F. GREECE
Does not apply.
G. IRELAND
Does not apply.
H. ITALY
Does not apply.
I. LUXEMBOURG
Does not apply.
J. NETHERLANDS
Does not apply.
K. AUSTRIA
Insurance and welfare institutions (Versicherungs- und Versorgungs-
werke), ‘welfare in particular funds' (Fürsorgeeinrichtungen) and thesystem for extending fee−sharing (erweiterte Honorarverteilung) for
1971R1408 — EN — 01.01.2000 — 001.002 — 69
▼B
doctors, veterinary surgeons, barristers and counsel, and civil engineers
(Ziviltechniker).
L. PORTUGAL
Does not apply.
M. FINLAND
Does not apply.
N. SWEDEN
Does not apply.
O. UNITED KINGDOM
Does not apply.
II.Special childbirth or adoption allowances excluded from the scope of the
Regulation under the terms of Article 1 (u)(i)
A. BELGIUM
(a) Childbirth allowance;(b) Adoption premium.
B. DENMARK
None.
C. GERMANY
None.
D. SPAIN
None.
E. FRANCE
(a) Allowance for young children up to the age of three months;(b) Adoption allowance.
F. GREECE
None.
G. IRELAND
None.
H. ITALY
None.
I. LUXEMBOURG
(a) antenatal allowance;(b) childbirth allowance.
J. NETHERLANDS
None.
▼
M2
K. AUSTRIA
None
▼B
L. PORTUGAL
None.
M. FINLAND
The maternity package or the maternity lump−sum grant pursuant to the
Maternity Grant Act.
N. SWEDEN
None.
O. UNITED KINGDOM
None.
III.Special non−contributory benefits within the meaning of Article 4 (2b)
which do not fall within the scope of the Regulation
1971R1408 — EN — 01.01.2000 — 001.002 — 70
▼B
A. BELGIUM
None.
B. DENMARK
None.
C. 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
alignment of pensions.
D. SPAIN
None.
E. FRANCE
None.
F. GREECE
None.
G. IRELAND
None.
H. ITALY
None.
I. LUXEMBOURG
None.
J. NETHERLANDS
None.
K. AUSTRIA
Benefits granted under Bundesländer legislation for disabled persons and
persons in the need of care.
L. PORTUGAL
None.
M. FINLAND
None.
N. SWEDEN
None.
O. UNITED KINGDOM
None.
1971R1408 — EN — 01.01.2000 — 001.002 — 71
▼B
ANNEX IIa (B) (10) (12) (13) (14) (15)
SPECIAL NON−CONTRIBUTORY BENEFITS
(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. 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 204of 29 March 1995).
▼
M2
(c) The temporary benefit for unemployed persons who have been taken on
in a “flexible job" for 12 months (ledighedsydelse) (Law No 455 of 10June 1997)
▼
B
C. GERMANY
None.
D. 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 24July 1981).
▼M1
(c) Non−contributory invalidity and retirement pensions and dependent
child benefits as provided for in Article 38 (1) (c) and (d) of theConsolidated Text of the General Law on Social Security, approved byRoyal Legislative Decree No 1/1994of 20 June 1994 .
▼
B
E. 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).
F. GREECE
(a) Special benefits for elderly (Law 1296/82).(b) Allowance for children of non−working mothers whose husbands have
been called 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)).
▼
M2
(d) allowance for persons suffering from congenital haemolytic anaemia
(Law 2362/1995; common ministerial order G4a/F.167/2073/82 andcommon ministerial 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)
▼
B
(f) Allowance for seriously disabled persons (Decree−law 162/73; common
ministerial order G4a/F.225//oik.161).
▼M2
(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; common ministerial order G4/F.12/oik.1930/82, common ministerial order G4b/F.423/oik. 1167/84 andcommon ministerial order G4b/F.423/oik.82/oik. 529/85)
1971R1408 — EN — 01.01.2000 — 001.002 — 72
▼M2
(i) allowance for the blind (Law 958/79)
▼B
G. IRELAND
▼M2 (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 4and 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 ofthe 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)
▼
B
(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).
H. 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 23November 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 4April
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).
▼
M2
(h) social allowance (Law No 335 of 8 August 1995)
▼B
I. LUXEMBOURG
(a) Special severe disablement allowances (Law of 16 April 1979).(b) Maternity allowances (Law of 30 April 1980).
J. NETHERLANDS
►
M2Incapacity benefits for disabled young people (Law of 24April
1997)◄.
K. AUSTRIA
(a) Compensatory supplement (Federal Act of 9 September 1955 on General
Social Insurance — ASVG, Federal Act of 11 October 1978 on SocialInsurance for Persons engaged in Trade and Commerce — GSVG andFederal 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 allowancegranted by accident insurance institutions where the handicap is causedby an accident at work or occupational disease.
1971R1408 — EN — 01.01.2000 — 001.002 — 73
▼M5
L. PORTUGAL
(a) non-contributory family allowance for children and young persons and
the associated additional sum payable for disability (Decree-Law No160/80 of 27.5.1980, as amended by Decree-Law No 133-C/97 of 30May 1997);
(b) non-contributory allowance for attending a special educational establish-
ment (Decree-Law No 160/80 of 27 May 1980, as amended byDecree-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-LawNo 133-C/97 of 30 May 1997);
(f) non-contributory widow’s pension (Regulatory Decree No 52/81 of 11
November 1981).
▼
B
M. 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).
▼
M2
(d) labour market support (Labour Market Support Act 1542/93)
▼B
N. SWEDEN
▼M1 (a) Housing supplements for persons receiving a pension (Law 1994:308).
▼B
(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).
O. 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 20March 1975, Section 37).
(c) Family credit (Social Security Act 1986, of 25 July 1986, Sections 20 to
22, and Social Security (Nothern Ireland) Order 1986 of 5 November1986, Articles 21 to 23).
(d) Attendance allowance (Social Security Act 1975 of 20 March 1975,
Section 35, and Social Security (Northern Ireland) Act 1975 of 20March 1975, Section 35).
(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 5November 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 DisabilityLiving Allowance and Disability Working Allowance (Northern Ireland)Order 1991 of 24July 1991, Article 3).
(g) Disability working allowance (Disability Living Allowance and
Disability Working Allowance Act 1991 of 27 June 1991, Section 6, andDisability Living Allowance and Disability Working Allowance(Northern Ireland) Order 1991 of 24July 1991, Article 8).
(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 — 01.01.2000 — 001.002 — 74
▼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 CONVENTIONSWHICH DO NOT APPLY TO ALL PERSONS TO WHOM THE REGU-
LATION APPLIES
(Articles 7 (2) (c) and 3 (3) of the Regulation)
General comments
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 byreferences to the corresponding provisions of this Regulation, unless theprovisions of the conventions in question are themselves contained in thisAnnex.
2. The termination clause provided for in a social security convention, some of
whose provisions are contained in this Annex, shall continue to apply asregards those provisions.
A.Provisions of social security conventions remaining applicable notwith-
standing Article 6 of the Regulation. (Article 7 (2) (c) of the Regulation)
1. BELGIUM−DENMARK
No convention.
2. 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 Protocolof 10 November 1960.
(b) Complementary Agreement No 3 of 7 December 1957 to the
General Convention of the same date, as in the ComplementaryProtocol of 10 November 1960 (payment of pensions for the periodpreceding the entry into force of the General Convention).
3. BELGIUM−SPAIN
None.
4. BELGIUM−FRANCE
(a) Articles 13, 16 and 23 of the Complementary Agreement of 17
January 1948 to the General Convention of that date (workers inmines 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.
5. BELGIUM−GREECE
Articles 15 (2), 35 (2) and 37 of the General Convention of 1 April
1958.
6. BELGIUM−IRELAND
No convention.
7. BELGIUM−ITALY
Article 29 of the Convention of 30 April 1948.
8. BELGIUM−LUXEMBOURG
Articles 2 and 4of the Agreement of 27 October 1971 (Overseas social
insurance).
9. BELGIUM−NETHERLANDS
Articles 2 and 4of the Agreement of 4February 1969 (Overseas
occupation).
10. BELGIUM−AUSTRIA
(a) Article 4of the Convention on social security of 4April 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.
11. 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
1971R1408 — EN — 01.01.2000 — 001.002 — 75
▼B
wording contained in the Agreement concluded by an exchange of
letters dated 18 June 1982.
12. BELGIUM−FINLAND
No convention.
13. BELGIUM−SWEDEN
No convention.
14. BELGIUM−UNITED KINGDOM
None.
15. DENMARK−GERMANY
(a) Point 15 of the Final Protocol to the Convention on social insur-
ances of 14August 1953.
(b) The Complementary Agreement of 14August 1953 to the Conven-
tion mentioned above.
16. DENMARK−SPAIN
No convention.
17. DENMARK−FRANCE
None.
18. DENMARK−GREECE
No convention.
19. DENMARK−IRELAND
No convention.
20. DENMARK−ITALY
No convention.
21. DENMARK−LUXEMBOURG
No convention.
22. DENMARK−NETHERLANDS
No convention.
23. DENMARK−AUSTRIA
(a) Article 4of 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.
24. DENMARK−PORTUGAL
No convention.
25. DENMARK−FINLAND
Article 10 of the Nordic Convention on social security of 15 June 1992.
26. DENMARK−SWEDEN
Article 10 of the Nordic Convention on social security of 15 June 1992.
27. DENMARK−UNITED KINGDOM
None.
28. GERMANY−SPAIN
Articles 4(1) and 4 5 (2) of the Social Security Convention of 4
December 1973.
29. 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 andsimilar undertakings).
(c) Complementary Agreement No 4of 10 July 1950 to the General
Convention of the same date, as in added Section No 2 of 18 June1955.
(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 in the Saar).
1971R1408 — EN — 01.01.2000 — 001.002 — 76
▼B
30. 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 theminutes of 14June 1980.
(c) Protocol of 7 October 1991 in conjunction with the Agreement of 6
July 1984between the Government of the German DemocraticRepublic and the Government of the Hellenic Republic on thesettlement of problems relating to pensions.
31. GERMANY−IRELAND
No convention.
32. 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 theentry into force of the Convention).
33. GERMANY−LUXEMBOURG
Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (Ausgleichsvertrag)
(settlement of the dispute between Germany and Luxembourg).
34. GERMANY−NETHERLANDS
(a) Article 3 (2) of the Convention of 29 March 1951.(b) Articles 2 and 3 of Complementary Agreement No 4of 21
December 1956 to the Convention of 29 March 1951 (settlement ofrights acquired under the German social insurance scheme byDutch workers between 13 May 1940 and 1 September 1945).
35. GERMANY−AUSTRIA
(a) Article 41 of the Convention on social security of 22 December
1966 as amended by Complementary Conventions No 1 of 10 April1969, No 2 of 20 March 1974and 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) occurringoutside the territory of the Federal Republic of Germany, andperiods completed outside that territory, do not give rise topayment of benefits or only give rise to payment of benefits, undercertain conditions, when those entitled to them reside outside theterritory of the Federal Republic of Germany, in cases in which:
(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 1994and the payment of pensions due underthe pension and accident insurance begins prior to 31December 1994;
this shall also apply to periods during which another pension,
including a survivor’s pension was collected, replacing theinitial one, where the periods of collection follow each otherwithout interruption.
(f) Paragraph 19 (b) of the Final Protocol to the said Convention. In
applying Number 3 (c) of this provision the amount taken intoaccount 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.
1971R1408 — EN — 01.01.2000 — 001.002 — 77
▼B
(i) Paragraph 10 of the Final Protocol to the said Convention.
36. GERMANY−PORTUGAL
Article 5 (2) of the Convention of 6 November 1964.
37. GERMANY−FINLAND
▼M5
Article 4of the Social Security Agreement of 28 April 1997.
▼B
38. 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.
39. 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.
40. SPAIN−FRANCE
None.
41. SPAIN−GREECE
No convention.
42. SPAIN−IRELAND
No convention.
43. SPAIN−ITALY
Articles 5, 18 (1) (c) and 23 of the Convention on social security of 30
October 1979.
44. 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−employedpersons.
45. SPAIN−NETHERLANDS
Article 23 (2) of the Convention on social security of 5 February 1974.
46. SPAIN−AUSTRIA
(a) Article 4of 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.
47. SPAIN−PORTUGAL
Articles 4(2), 16 (2) and 22 of the General Convention of 11 June
1969.
48. SPAIN−FINLAND
Article 5 (2) of the Convention on social security of 19 December
1985.
49. SPAIN−SWEDEN
Articles 5 (2) and 16 of the Convention on social security of 4February
1983.
50. SPAIN−UNITED KINGDOM
None.
51. FRANCE−GREECE
Articles 16 (fourth subparagraph) and 30 of the General Convention of
19 April 1958.
1971R1408 — EN — 01.01.2000 — 001.002 — 78
▼B
52. FRANCE−IRELAND
No convention.
53. FRANCE−ITALY
(a) Articles 20 and 24of the General Convention of 31 March 194 8.(b) The exchange of letters of 3 March 1956 (sickness benefits for
seasonal workers employed in agriculture).
54. FRANCE−LUXEMBOURG
Articles 11 and 14of the Complementary Agreement of 12 November
1949 to the General Convention of the same date (workers in mines andsimilar undertakings).
55. FRANCE−NETHERLANDS
Article 11 of the Complementary Agreement of 1 June 1954to the
General Convention of 7 January 1950 (workers in mines and similarundertakings).
56. FRANCE−AUSTRIA
None.
57. FRANCE−PORTUGAL
None.
58. FRANCE−FINLAND
None.
59. FRANCE−SWEDEN
None.
60. 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 temporarilypursing their profession in France by virtue of the Cultural Conventionof 2 March 1948.
61. GREECE−IRELAND
No convention.
62. GREECE−ITALY
No convention.
63. GREECE−LUXEMBOURG
No convention.
64. GREECE−NETHERLANDS
Article 4(2) of the General Convention of 13 September 1966.
65. GREECE−AUSTRIA
(a) Article 4of the Convention on social security of 14December
1979 as amended by the Complementary Convention of 21 May1986 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.
66. GREECE−PORTUGAL
No convention.
67. GREECE−FINLAND
Articles 5 (2) and 21 of the Convention on social security of 21 March
1988.
68. GREECE−SWEDEN
Articles 5 (2) and 23 of the Convention on social security of 5 May
1978 as amended by the Complementary Convention of 14September1984.
69. GREECE−UNITED KINGDOM
No convention.
70. IRELAND−ITALY
No convention.
71. IRELAND−LUXEMBOURG
No convention.
72. IRELAND−NETHERLANDS
No convention.
1971R1408 — EN — 01.01.2000 — 001.002 — 79
▼B
73. IRELAND−AUSTRIA
Article 4of the Convention on social security of 30 September 1988 as
regards persons residing in a third State.
74. IRELAND−PORTUGAL
No convention.
75. IRELAND−FINLAND
No convention.
76. IRELAND−SWEDEN
No convention.
77. IRELAND−UNITED KINGDOM
Article 8 of the Agreement of 14September 1971 on social security.
78. ITALY−LUXEMBOURG
Articles 18 (2) and 24of the General Convention of 29 May 1951.
79. ITALY−NETHERLANDS
Article 21 (2) of the General Convention of 28 October 1952.
80. ITALY−AUSTRIA
(a) Articles 5 (3) and 9 (2) of the Convention on social security of 21
January 1981.
(b) Article 4of the said Convention and paragraph 2 of the Final
Protocol to the said Convention as regards persons residing in athird State.
81. ITALY−PORTUGAL
No convention.
82. ITALY−FINLAND
No convention.
83. ITALY−SWEDEN
Article 20 of the Convention onsocial security of 25 September 1979.
84. ITALY−UNITED KINGDOM
None.
85. LUXEMBOURG−NETHERLANDS
None.
86. 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 May1973 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.
87. LUXEMBOURG−PORTUGAL
Article 3 (2) of the Convention of 12 February 1965.
88. LUXEMBOURG−FINLAND
Article 5 (2) of the Convention on social security of 15 September
1988.
89. LUXEMBOURG−SWEDEN
(a) Articles 4and 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.
90. LUXEMBOURG−UNITED KINGDOM
None.
91. LUXEMBOURG−AUSTRIA
(a) Article 3 of the Convention on social security of 7 March 1974as
amended by the Complementary Convention of 5 November 1980as 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 — 01.01.2000 — 001.002 — 80
▼B
92. NETHERLANDS−PORTUGAL
Articles 5 (2) and 31 of the Convention of 19 July 1979.
93. NETHERLANDS−FINLAND
No convention.
94. NETHERLANDS−SWEDEN
Articles 4and 24(3) of the Convention on social security of 2 July
1976 as regards persons residing in a third State.
95. NETHERLANDS−UNITED KINGDOM
None.
96. AUSTRIA−PORTUGAL
None.
97. AUSTRIA−FINLAND
(a) Article 4of the Convention on social security of 11 December
1985 as amended by the Complementary Convention of 9 March1993 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.
▼
M2
98. AUSTRIA−SWEDEN
Convention on social security of 21 March 1996
▼B
99. 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 December1985 and No 2 of 13 October 1992 as regards persons residing in athird State.
(b) Protocol concerning benefits in kind to the said Convention with
the exception of Article 2 (3) as regards persons who cannot claimtreatment under Chapter 1 of Title III of the Regulation.
100. PORTUGAL−FINLAND
No convention.
101. PORTUGAL−SWEDEN
Article 6 of the Convention on social security of 25 October 1978.
102. PORTUGAL−UNITED KINGDOM
(a) Article 2 (1) of the Protocol on medical treatment 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 forin Article 220 (1) of the Act relating to the conditions of accessionof Spain and Portugal: Article 26 of the Social Security Conventionof 15 November 1978, as amended by the Exchange of Letters of28 September 1987.
103. FINLAND−SWEDEN
Article 10 of the Nordic Convention on social security of 15 June 1992.
104. FINLAND−UNITED KINGDOM
None.
105. SWEDEN−UNITED KINGDOM
Article 4(3) of the Convention on social security of 29 June 1987.
B.Provisions of Conventions which do not apply to all persons to whom the
Regulations applies (Article 3 (3) of the Regulation)
1. BELGIUM−DENMARK
No convention.
2 ......3. BELGIUM−SPAIN
None.
4. BELGIUM−FRANCE
(a) The exchange of letters of 29 July 1953 on allowances to elderly
employed persons.
1971R1408 — EN — 01.01.2000 — 001.002 — 81
▼B
(b) The exchange of letters of 27 February 1953 (application of Article
4(2) of the General Convention of 17 January 194 8).
5. BELGIUM−GREECE
None.
6. BELGIUM−IRELAND
None.
7. BELGIUM−ITALY
None.
8. BELGIUM−LUXEMBOURG
Articles 2 and 4of the Agreement of 27 October 1971 (overseas social
security).
9. BELGIUM−NETHERLANDS
Articles 2 and 4of the Agreement of 4February 1969 (overseas
occupation).
10. BELGIUM−AUSTRIA
(a) Article 4of the Convention on social security of 4April 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.
11. 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 thewording that appears in the Agreement concluded by exchange ofletters dated 18 June 1982.
12. BELGIUM−FINLAND
No convention.
13. BELGIUM−SWEDEN
No convention.
14. BELGIUM−UNITED KINGDOM
None.
15. DENMARK−GERMANY
(a) Point 15 of the Final Protocol to the Convention on social insur-
ances of 14August 1953.
(b) The Complementary Agreement of 14August 1953 to the Conven-
tion mentioned above.
16. DENMARK−SPAIN
No convention.
17. DENMARK−FRANCE
None.
18. DENMARK−GREECE
No convention.
19. DENMARK−IRELAND
No convention.
20. DENMARK−ITALY
No convention.
21. DENMARK−LUXEMBOURG
No convention.
22. DENMARK−NETHERLANDS
No convention.
23. DENMARK−AUSTRIA
(a) Article 4of 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.
1971R1408 — EN — 01.01.2000 — 001.002 — 82
▼B
24. DENMARK−PORTUGAL
No convention.
25. DENMARK−FINLAND
None.
26. DENMARK−SWEDEN
None.
27. DENMARK−UNITED KINGDOM
None.
28. GERMANY−SPAIN
Article 4(1) and 4 5 (2) of the Social Security Convention of 4
December 1973.
29. GERMANY−FRANCE
(a) Articles 16 (second paragraph) and 19 on the General Convention
of 10 July 1950.
(b) Complementary Agreement No 4of 10 July 1950 to the General
Convention of the same date, as in added Section No 2 of 18 June1955.
(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 in the Saar).
30. GERMANY−GREECE
Protocol of 7 October 1991 in conjunction with the Agreement of 6
July 1984between the Government of the German DemocraticRepublic and the Government of the Hellenic Republic on the settle-ment of problems relating to pensions.
31. GERMANY−IRELAND
No convention.
32. 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 theentry into force of the Convention).
33. GERMANY−LUXEMBOURG
Articles 4, 5, 6 and 7 of the Treaty of 11 July 1959 (settlement of the
dispute between Germany and Luxembourg).
34. GERMANY−NETHERLANDS
(a) Article 3 (2) of the Convention of 29 March 1951.(b) Articles 2 and 3 of Complementary Agreement No 4of 21
December 1956 to the Convention of 29 March 1951 (settlement ofrights acquired under the German social insurance scheme byDutch workers between 13 May 1940 and 1 September 1945).
35. GERMANY−AUSTRIA
(a) Article 41 of the Convention on social security of 22 December
1966 as amended by Complementary Conventions No 1 of 10 April1969, No 2 of 29 March 1974and 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) occurringoutside the territory of the Federal Republic of Germany, andperiods completed outside that territory, do not give rise topayment of benefits or only give rise to payment of benefits undercertain conditions, when those entitled to them reside outside theterritory of the Federal Republic of Germany, in cases in which:
(i) the benefit has already been paid or is payable on 1 January
1994;
1971R1408 — EN — 01.01.2000 — 001.002 — 83
▼B
(ii) the beneficiary has established his habitual residence in Austria
before 1 January 1994and the payment of pensions due underthe pension and accident insurance begins prior to31 December 1994;
this shall also apply to periods during which another pension,
including a survivor’s pension was collected, replacing the initialone, when the periods of collection follow each other withoutinterruption.
(f) Paragraph 19 (b) of the Final Protocol to the said Convention. In
applying Number 3 (c) of this provision the amount taken intoaccount by the competent institution shall not exceed the amountwhich is due in respect of the corresponding periods to be remun-erated by this institution.
36. GERMANY−PORTUGAL
Article 5 (2) of the Convention of 6 November 1964.
37. GERMANY−FINLAND
▼
M5
Article 4of the Social Security Agreement of 28 April 1997.
▼B
38. GERMANY−SWEDEN
Article 4(2) of the Convention on social security of 27 February 1976.
39. 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.
40. SPAIN−FRANCE
None.
41. SPAIN−GREECE
No convention.
42. SPAIN−IRELAND
No convention.
43. SPAIN−ITALY
Articles 5, 18 (1) (c) and 23 of the Convention on Social Security of 30
October 1979.
44. 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−employedpersons.
45. SPAIN−NETHERLANDS
Article 23 (2) of the Convention on Social Security of 5 February 1974.
46. SPAIN−AUSTRIA
(a) Article 4of 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.
47. SPAIN−PORTUGAL
Articles 4(2), 16 (2) and 22 of the General Convention of 11 June
1969.
48. SPAIN−FINLAND
Articles 5 (2) of the Convention on social security of 19 December
1985.
49. SPAIN−SWEDEN
Articles 5 (2) and 16 of the Convention on social security of 4February
1983.
1971R1408 — EN — 01.01.2000 — 001.002 — 84
▼B
50. SPAIN−UNITED KINGDOM
None.
51. FRANCE−GREECE
None.
52. FRANCE−IRELAND
No convention.
53. FRANCE−ITALY
Articles 20 and 24of the General Convention of 31 March 194 8.
54. FRANCE−LUXEMBOURG
None.
55. FRANCE−NETHERLANDS
None.
56. FRANCE−AUSTRIA
None.
57. FRANCE−PORTUGAL
None.
58. FRANCE−FINLAND
No convention.
59. FRANCE−SWEDEN
None.
60. 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 temporarilypursuing their profession in France by virtue of the Cultural Conventionof 2 March 1948.
61. GREECE−IRELAND
No convention.
62. GREECE−ITALY
No convention.
63. GREECE−LUXEMBOURG
No convention.
64. GREECE−NETHERLANDS
None.
65. GREECE−AUSTRIA
(a) Article 4of the Convention on social security of 14 December
1979 as amended by the Complementary Convention of 21 May1986 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.
66. GREECE−PORTUGAL
No convention.
67. GREECE−FINLAND
Article 5 (2) of the Convention on social security of 11 March 1988.
68. GREECE−SWEDEN
Article 5 (2) of the Convention on social security of 5 May 1978 as
amended by the Complementary Convention of 14September 1984 .
69. GREECE−UNITED KINGDOM
No convention.
70. IRELAND−ITALY
No convention.
71. IRELAND−LUXEMBOURG
No convention.
72. IRELAND−NETHERLANDS
No convention.
73. IRELAND−AUSTRIA
1971R1408 — EN — 01.01.2000 — 001.002 — 85
▼B
Article 4of the Convention on social security of 30 September 1988 as
regards persons residing in a third State.
74. IRELAND−PORTUGAL
No convention.
75. IRELAND−FINLAND
No convention.
76. IRELAND−SWEDEN
No convention.
77. IRELAND−UNITED KINGDOM
None.
78. ITALY−LUXEMBOURG
None.
79. ITALY−NETHERLANDS
None.
80. ITALY−AUSTRIA
(a) Articles 5 (3) and 9 (2) of the Convention on social security of 21
January 1981.
(b) Article 4of the said Convention and paragraph 2 of the Final
Protocol to the said Convention as regards persons residing in athird State.
81. ITALY−PORTUGAL
No convention.
82. ITALY−FINLAND
No convention.
83. ITALY−SWEDEN
Article 20 of the Convention on social security of 25 September 1979.
84. ITALY−UNITED KINGDOM
None.
85. LUXEMBOURG−NETHERLANDS
None.
86. 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 May1973 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.
87. LUXEMBOURG−PORTUGAL
Article 3 (2) of the Convention of 12 February 1965.
88. LUXEMBOURG−FINLAND
Article 5 (2) of the Convention on social security of 15 September
1988.
89. LUXEMBOURG−SWEDEN
Articles 4and 29 (1) of the Convention on social security of 21
February 1985 as regards persons residing in a third State.
90. LUXEMBOURG−UNITED KINGDOM
None.
91. NETHERLANDS−AUSTRIA
(a) Article 3 of the Convention on social security of 7 March 1974as
amended by the Complementary Convention of 5 November 1980as 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 — 01.01.2000 — 001.002 — 86
▼B
92. NETHERLANDS−PORTUGAL
Article 5 (2) of the Convention of 19 July 1979.
93. NETHERLANDS−FINLAND
No convention.
94. NETHERLANDS−SWEDEN
Articles 4and 24(3) of the Convention on social security of 2 July
1976 as regards persons residing in a third State.
95. NETHERLANDS−UNITED KINGDOM
None.
96. AUSTRIA−PORTUGAL
None.
97. AUSTRIA−FINLAND
(a) Article 4of the Convention on social security of 11 December
1985 as amended by the Complementary Convention of 9 March1993 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.
▼
M2
98. AUSTRIA−SWEDEN
Article 5 of the Convention on social security of 21 March 1996
▼B
99. 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 December1985 and No 2 of 13 October 1992 as regards persons residing in athird State.
(b) Protocol concerning benefits in kind to the said Convention with
the exception of Article 2 (3) as regards persons who cannot claimtreatment under Chapter 1 of Title III of the Regulation.
100. PORTUGAL−FINLAND
No convention.
101. PORTUGAL−SWEDEN
Article 6 of the Convention on social security of 25 October 1978.
102. PORTUGAL−UNITED KINGDOM
Article 2 (1) of the Protocol on medical treatment of 15 November
1978.
103. FINLAND−SWEDEN
None.
104. FINLAND−UNITED KINGDOM
None.
105. SWEDEN−UNITED KINGDOM
Article 4(3) of the Convention on social security of 29 June 1987.
1971R1408 — EN — 01.01.2000 — 001.002 — 87
▼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
the amount of invalidity benefits is independent of the length of periodsof insurance
A. BELGIUM
(a) Legislation relating to the general invalidity scheme, the special
invalidity scheme for miners and the special scheme for merchantnavy mariners.
(b) Legislation on insurance for self−employed persons against inca-
pacity to work.
(c) Legislation relating to invalidity in the overseas social insurance
scheme and the invalidity scheme for former employees of theBelgian Congo and Rwanda−Urundi.
B. DENMARK
None.
C. GERMANY
None.
▼
M3
D. 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.
▼
B
E. FRANCE
1.Employed persons
All legislations on invalidity insurance, except for the legislation
concerning the invalidity insurance of the social security scheme forminers.
2.Self−employed persons
The legislation on invalidity insurance for persons self−employed in
agriculture.
F. GREECE
Legislation relating to the agricultural insurance scheme.
▼
M2
G. IRELAND
Part II, Chapter 15, of the Social Welfare (Consolidation) Act 1993
▼B
H. ITALY
None.
I. LUXEMBOURG
None.
J. THE NETHERLANDS
(a) The law of 18 February 1966 on insurance against incapacity for
work, as amended.
▼M2
(b) Law of 24April 1997 on insurance against incapacity for work by
self−employed persons (WAZ), as amended
▼B
K. AUSTRIA
None.
L. PORTUGAL
None.
M. FINLAND
National pensions to persons who are born disabled or become disabled
at an early age (the National Pensions Act (547/93)).
1971R1408 — EN — 01.01.2000 — 001.002 — 88
▼B
N. SWEDEN
None.
O. 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.
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
Articles 38 (3)and 45 (3)of Regulation No 1408/71
A. BELGIUM
None.
B. DENMARK
None.
C. GERMANY
Old−age insurance for farmers (Alterssicherung für Landwirte).
D. SPAIN
Scheme for lowering the retirement age of self−employed persons
engaged in seafaring activities as described in Royal Decree No 2309 of23 July 1970.
E. FRANCE
None.
F. GREECE
None.
G. IRELAND
None.
H. 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).
I. LUXEMBOURG
None.
J. THE NETHERLANDS
None.
K. AUSTRIA
None.
L. PORTUGAL
None.
M. FINLAND
None.
N. SWEDEN
1971R1408 — EN — 01.01.2000 — 001.002 — 89
▼B
None.
O. UNITED KINGDOM
None.
C.Cases referred to in Article 46 (1)(b)of the Regulation where the
calculation of benefit in accordance with Article 46 (2)of the Regulationmay be waived
A. BELGIUM
None.
B. DENMARK
All applications for pensions referred to in the law on social pensions,
except for pensions mentioned in Annex IV part D.
C. GERMANY
None.
D. SPAIN
None.
E. FRANCE
None.
F. GREECE
None.
▼
M2
G. IRELAND
All applications for retirement pensions, old age (contributory) pensions,
widow’s (contributory) pension and widower’s (contributory) pension
▼B
H. ITALY
Invalidity, retirement and survivors pensions for employed persons and
for the following categories of self−employed persons: farmers farmingdirectly, share−croppers, farmers, craftsmen and persons engaged incommercial activities.
I. LUXEMBOURG
None.
J. THE NETHERLANDS
All applications for old−age pensions under the law of 31 May 1956
governing general old−age insurance, as amended.
K. AUSTRIA
None.
L. PORTUGAL
Invalidity, old−age and widows’ pensions.
M. FINLAND
None.
N. SWEDEN
All applications for old−age basic and supplementary pensions except
pensions mentioned in Annex IV D.
O. UNITED KINGDOM
All applications for retirement and widow’s pension determined pursuant
to the provisions of Title III, Chapter 3 of the Regulation, with theexception of 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 UnitedKingdom 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 ofthe United Kingdom;
1971R1408 — EN — 01.01.2000 — 001.002 — 90
▼B
(b) the periods of insurance completed under the legislation in force in
the United Kingdom for the periods prior to 5 July 1948 would betaken into account for the purposes of Article 46 (2) of the Regula-tion by application of the periods of insurance, employment orresidence under the legislation of another Member State.
D.Benefits and agreements referred to in Article 46b (2)of the Regulation
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 residencecompleted:
(a) The invalidity benefits provided for by the legislations referred to in
part A of this Annex.
(b) The full Danish national old−age pension acquired after 10 years’
residence by persons who will have been awarded a pension by 1October 1989 at the latest.
(c) The Spanish death allowances and survivors’ pensions granted under
the general and special schemes.
(d) The widows’ allowance under the widowhood insurance of the French
general social security system or the agricultural workers’ system.
(e) The widowers’ or widows’ invalidity pension under the French
general social security system or the agricultural workers’ system,when calculated on the basis of the invalidity pension of a deceasedspouse, paid in accordance with Article 46 (1) (a) (i).
▼
M2
(f) The Netherlands survivors’ pension under the Law of 21 December
1995 on general insurance for surviving dependants.
▼B
(g) Finnish national pensions determined according to the National
Pensions Act of 8 June 1956 and awarded under the transitional rulesof the National Pensions Act (547/93) ►
M5and the additional
amount of the child’s pension in accordance with the Survivors’Pension Act of 17 January 1969 ◄.
(h) The full Swedish basic pension awarded under the basic pension
legislation which applied before 1 January 1993 and the full basicpension awarded under the transitional rules to the legislationapplying from that date.
2.Benefits referred to in Article 46b (2) (b) of the Regulation, the amount of
which is determined by reference to a credited period deemed to havebeen completed between the date on which the risk materialized and alater date:
(a) Danish early−retirement pensions, the amount of which is determined
in accordance with legislation in force before 1 October 1984.
(b) German invalidity and survivors’ pensions, for which account is taken
of a supplementary period, and German old−age pensions, for whichaccount is taken of a supplementary period already acquired.
(c) Italian pensions for total incapacity for work (inabilità).(d) Luxembourg invalidity and survivors’ pensions.(e) Finnish employment pensions for which account is taken of future
periods according to the national legislation.
(f) Swedish invalidity and survivors’ pensions for which account is taken
of a credited period of insurance and Swedish old−age pensions forwhich account is taken of credited periods already acquired.
3.Agreements referred to in Article 46b (2) (b) (i) of the Regulation
intended to prevent the same credited period being taken into account twoor more times:
▼
M1
▼B
Nordic Convention of 15 June 1992 on social security.
▼M5
The Social Security Agreement of 28 April 1997 between the Federal
Republic of Germany and Finland.
1971R1408 — EN — 01.01.2000 — 001.002 — 91▼B
ANNEX V (15)
CONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY
(Article 40 (4)of the Regulation)
BELGIUM
Schemes administered by Belgian institutions on which the decision is binding in cases of concordance
Member StatesSchemes administered by Member States’ institutions whoMiners’s schemehave taken a decision recognizing the degree of invalidityGeneral scheme
General invalidity Occupational invalidityMariners’ scheme OSSOM
FRANCE 1. General scheme
— Group III (constant attendance)
— Group II Concordance Concordance Concordance Concordance No concordance
— Group I
2. Agricultural scheme:
— Total, general invalidity
— Two − thirds general invalidity Concordance Concordance Concordance Concordance No concordance
— Constant attendance
3. Miners’s scheme:
— Partial, general invalidity
— Constant attendanceConcordance Concordance Concordance Concordance No concordance
— Occupational invalidity No concordance No concordance Concordance No concordance No concordance
4. Mariners’s scheme:
— General invalidity
— Constant attendanceConcordance Concordance Concordance Concordance No concordance
— Occupational invalidity No concordance No concordance No concordance No concordance No concordance
ITALY 1. General scheme:
— Invalidity − manual workers
— Invalidity − clerical staffNo concordance Concordance Concordance Concordance No concordance
2. Mariners’s scheme:
— Unfitness for seafaring No concordance No concordance No concordance No concordance No concordance
LUXEMBOURG Workers’s invalidity — manual workers
Invalidity — clerical staff Concordance Concordance Concordance Concordance No concordance
1971R1408 — EN — 01.01.2000 — 001.002 — 92▼B
FRANCE
Schemes administered by French institutions on which the decision is binding in cases of concordance
MemberSchemes administered by Member
States’ institutions having taken aGeneral scheme Agricultural scheme Miner’s scheme Mariner’s scheme
States decision recognizing the degree of
invalidity
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 con-cordance No con-cordance Concor-dance No con-cordance No con-cordance Concor-dance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance
2. Miner’s scheme:
— partial general invalidity Concor-dance No con-cordance No con-cordance Concor-dance No con-cordance No con-cordance Concor-dance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance
— invalidité professionnelle No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance Concor-dance(
2)
3. Mariner’s scheme Concor-dance(
1)No con-cordance No con-cordance Concor-dance(
1)No con-cordance No con-cordance Concor-dance(
1)No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance
ITALY 1. General scheme:
— invalidity − manualworkers Concor-dance No con-cordance No con-cordance Concor-dance No con-cordance No con-cordance Concor-dance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance
— occupational invalidity Concor-dance No con-cordance No con-cordance Concor-dance No con-cordance No con-cordance Concor-dance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance
2. Mariner’s scheme
— unfitness for seafaring No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance
LUXEM-BOURG Invalidity — manual workers Concor-dance No con-cordance No con-cordance Concor-dance No con-cordance No con-cordance Concor-dance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance
Invalidity — clerical staff No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance No con-cordance
(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.
1971R1408 — EN — 01.01.2000 — 001.002 — 93▼B
ITALY
Schemes administered by Member States institutionsSchemes administered by Italian institutions on which the decision is binding in
cases of concordance
Member States who have taken a decision recognizing the degree of
invalidityGeneral schemeMariners Unfitness for
Manual workers Clerical staffnavigation
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)
— Group II Concordance Concordance No concordance
— Group I
2. Agricultural scheme:
— total general invalidity
— partial general invalidity Concordance Concordance No concordance
— constant attendance
3. Miners’ scheme:
— partial general invalidity
— constant attendanceConcordance Concordance No concordance
— occupational invalidity No concordance No concordance No concordance
4. Mariners’ scheme:
— partial general invalidity
— constant attendanceNo concordance No concordance No concordance
— occupational invalidity
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LUXEMBOURG
Schemes administered by institutions of Member States which have taken a decisionSchemes administered by Luxembourg institutions on
which the decision is binding in cases of concordance
Member Statesrecognizing the degree of invalidityInvalidity — manual
workersInvalidity — 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)
— Group II Concordance Concordance
— Group I
2. Agricultural scheme:
— total general invalidity
— two−thirds general invalidity Concordance Concordance
— constant attendance
3. Miners’ scheme
— two−thirds general invalidity
— constant attendanceConcordance Concordance
— occupational invalidity No concordance No concordance
4. Mariners’ scheme:
— partial general invalidity
— constant attendanceConcordance Concordance
— occupational invalidity No concordance No concordance
(1) In so far as the invalidity recognized by the Belgian institution is general invalidity.
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ANNEX VI (A) (B) (2) (7) (8) (9) (11) (12) (13) (14) (15)
SPECIAL PROCEDURES FOR APPLYING THE LEGISLATIONS OF
CERTAIN MEMBER STATES
A. BELGIUM
1. Persons whose entitlement to sickness insurance benefits in kind derives
from the provisions of the Belgian compulsory sickness and invalidityscheme applicable to self−employed persons shall be eligible under theprovisions of Chapter 1 of Title III of the Regulation, including Article35 (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 beentitled:
(i) to the benefits in kind provided for under the legislation of the
Member State of temporary residence in respect of hospitaliza-tion care;
(ii) to reimbursement in respect of other benefits in kind provided
for under the Belgian scheme by the relevant Belgian institutionat the rate provided for under the legislation of the State oftemporary residence.
(b) In the event that they are permanently resident in the territory of a
Member State other than Belgium, the persons concerned shall beentitled to the benefits in kind provided for under the legislation ofthe Member State of permanent residence provided that they pay therelevant Belgian institution the appropriate additional contributionprovided 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 beconsidered to have been brought up in the Member State in whoseterritory 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 1945shall also be considered as periods of insurance completed under theBelgian 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 ofwork 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 forwork of self−employed persons, shall be considered as periodscompleted under the latter legislation.
6. In order to establish whether the requirements 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 themeaning of the said legislation only in so far as the days worked whichpreceded 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 completedunder the legislation of another Member State where entitlement tobenefit under Belgian legislation is subject to the condition that, for aspecified previous period, the qualifying conditions for family benefitsin the framework of the scheme for employment persons have been met.
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 referenceyear which serve as a basis for determining the contributions due byvirtue of the social arrangements for self−employed persons shall becalculated using the mean annual rate for the year during which thisincome was received.
The rate of conversion is the annual mean of the conversion rates
published in the 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 Belgianinstitution shall take as its basis the income received in the professionlast exercised by the person concerned.
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10. Any employed person or self−employedperson 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 theperson concerned being insured when the risk materializes — shall beconsidered to be still insured when the risk materializes, for the purposesof implementation of Chapter 3 of Title III of the Regulation, if he isinsured 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 accordancewith 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 sick-ness and invalidity insurance scheme if, at the time of occurrence ofthe incapacity for work, he was insured for the same risk under thelegislation of another Member State as an employed person withinthe 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 againstincapacity for work for self−employed persons if, at the time ofoccurrence of the incapacity for work, he was a self−employedperson within the meaning of Article 1 (a) of the Regulation.
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12. The harmful event referred to in Article 1 of the Law of 9 March 1953
making certain adjustments to military pensions and granting freemedical care and prescriptions to servicemen invalided in peacetimeshall constitute an accident at work or occupational disease within themeaning of Chapter 4of Title III of the Regulation.
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B. DENMARK
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▼M1 2. Persons who, pursuant to Chapter 1, Title III of the Regulation, are
entitled to benefits in kind during a period of stay or residence inDenmark shall be entitled to such benefits on the same terms as thoselaid down by Danish legislation for persons who, under the law onpublic health insurance (lov om offentlig sygesikring), belong to Class 1.However, persons who take up residence in Denmark and join theDanish health insurance scheme may, in the same way as insured Danishnationals, opt to belong to Class 2.
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3. (a) The provisions of Danish legislation on social pensions that stipulate
that the right to pension is subject to the claimant being resident inDenmark are not applicable to employed or self−employed personsor their survivors who reside in the territory of a Member Stateother than Denmark.
(b) For the purpose of calculating the pension, periods of employment
or self−employmentcompleted in Denmark by a frontier worker or aseasonal worker are regarded as periods of residence completed inDenmark by the surviving spouse in so far as the surviving spousewas during these periods, linked to the frontier worker or seasonalworker by marriage without separation from bed and board or defacto separation on grounds of incompatibility and provided thatduring these periods the spouse resided in the territory of anotherMember State.
(c) For the purpose of calculating the pension, periods of employment
or self−employment completed in Denmark before 1 January 1984by an employed or self−employed person other than a frontierworker or seasonal worker shall be regarded as periods of residencecompleted in Denmark by the surviving spouse, in so far as thesurviving spouse was during these periods, linked to the employedor self−employed person by marriage without separation from bedand board or de facto separation on grounds of incompatibility, andprovided that during these periods the spouse resided in the territoryof another Member State.
(d) Periods to be taken into account under the terms of (b) and (c) shall
not be taken into consideration if they coincide with the periodstaken into account for the calculation of the pension due to theperson concerned under the legislation on compulsory insurance of
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another Member State or with the periods during which the person
concerned received a pension under such legislation.
These periods shall, however, be taken into consideration if the
annual amount of the said pension is less than half the basic amountof the social pension.
4. The terms of the Regulation shall be without prejudice to the provisional
rules under the Danish laws of 7 June 1972 on the pension rights ofDanish nationals having their effective residence in Denmark for aspecified period immediately preceding the date of the claim. However,a pension shall be granted under those conditions laid down for Danishnationals to nationals of other Member States having their effectiveresidence in Denmark during the year immediately preceding the date ofclaim.
5. (a) The periods during which a frontier worker residing within the
territory of a Member State other than Denmark has pursued hisprofessional or trade activity in Denmark are to be considered asperiods of residence for the purposes of Danish legislation. Thesame shall apply to periods in which a frontier worker is posted toor provides services in a Member State other than Denmark.
(b) The periods during which a seasonal worker residing within the
territory of a Member State other than Denmark has pursued hisoccupation in Denmark are to be considered as periods of residencefor the purposes of Danish legislation. The same applies to periodsduring which a seasonal worker is posted to the territory of aMember State other than Denmark.
6. In order to determine whether or not conditions for entitlement to daily
allowances in the case of sickness or maternity laid down by the law of20 December 1989 on daily allowances in the case of sickness ormaternity have been satisfied, where the person concerned is no longersubject to Danish legislation during the periods of reference fixed by theabovementioned law:
(a) account shall be taken of the insurance periods and employment
periods fulfilled under the legislation of a Member State other thanDenmark during the abovementioned reference periods duringwhich the person concerned was not covered by Danish legislation,as if they are periods completed under the latter legislation,
and
(b) during the periods taken into account, a self−employed person or an
employed person (in cases where, for the latter, remuneration cannotserve as a basis for calculating the daily allowances) are regarded ashaving had an average remuneration or salary of an amount equal tothat on the basis of which the cash allowances are calculated inrespect of the periods completed under Danish legislation during thereference periods.
7. Article 46a (3) (d) and Article 46c (1) and (3) of the Regulation and
Article 7 (1) of the implementing Regulation shall not be applied topensions awarded in the context of Danish legislation.
8. For the purpose of applying Article 67 of the Regulation, unemployment
benefits for self−employed persons insured in Denmark shall be calcu-lated in accordance with Danish legislation.
9. Where the beneficiary of a Danish retirement pension or early retirement
pension is also entitled to a survivor’s pension from another MemberState, these pensions, for the implementation of Danish legislation shallbe regarded as benefits of the same kind within the meaning of Article46a (1) of the Regulation, subject to the condition, however, that theperson whose periods of insurance or of residence serve as the basis forthe calculation of the survivor’s pension has also completed periods ofresidence in Denmark.
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10. From a person who is covered by a special scheme for civil servants
who is resident in Denmark 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 Danish pension,
the competent authorities may demand payment for the cost of benefits in
kind granted in Denmark, insofar as the benefits in kind are covered bythe special scheme concerned and/or by the personal insurance schemesupplementing it. This also applies to the spouse and children under theage of 18 of such a person.
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C. 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, andperiods completed outside that territory, do not give grounds for bene-fits, or do so only subject to certain conditions, when the personsconcerned are resident outside the territory of the Federal Republic ofGermany.
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 /prime1pension insurance, only German legislation shall apply.
(c) For the purpose of taking into account German substitute periods
(Ersatzzeiten), only German legislation shall apply.
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3. If application of the Regulation or later regulations on social security
places an exceptional burden on certain sickness insurance institutions,this shall be compensated for in full or in part. The German sicknessinsurance liaison body — foreign countries (Krankenversicherung —Ausland), Bonn, shall take decisions regarding such compensation bycommon agreement with the other central federations of sickness funds.The resources needed to implement the compensation shall be dividedamong all the sickness insurance institutions in proportion to the averagenumber of members over the previous year ►
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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 inthe territory of other Member States, according to the following rules.
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 insurancescheme;
(c) if the party concerned is a national of another Member State, is
domiciled or resident in the territory of a third Member State, hascontributed for at least 60 months to the German pension insurancescheme or was eligible for voluntary insurance pursuant to Article232 of Book VI of the Social Code, and is not compulsorily orvoluntarily 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
institutions of the place of residence to pensioners or members of theirfamily who are insured with competent institutions of other MemberStates must be refunded on the basis of monthly lump sums, such costsshall, for the purpose of financial equalization among German institu-tions of sickness insurance for pensioners, be treated as expenditure onthe German sickness insurance scheme for pensioners. The lump sumsrefunded to the German institutions of the place of residence by thecompetent institutions of other Member States shall be regarded asreceipts which must be taken into account in the aforementioned finan-cial equalization.
10. In the case of self−employed persons, the award of unemployment
assistance (Arbeitslosenhilfe) shall be conditional on the personconcerned having, before reporting himself unemployed, worked for atleast a year mainly as a self−employed person in the territory of theFederal Republic of Germany, and not having simply left that worktemporarily.
11. Periods of insurance completed under the legislation of another Member
State, under a special old−age insurance scheme for farmers or, if nosuch scheme exists, as farmers under the general scheme, shall be takeninto account to satisfy the conditions of minimum length of insurancerequired for the person to be subject to contribution within the meaning
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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 been lodged within the prescribed time,
and
(b) before lodging the declaration, the person concerned shall have been
last subject to contribution under the old−age insurance scheme forfarmers in the territory of the Federal Republic of Germany.
12. Periods of compulsory insurance completed under the legislation of
another Member State, either under a special scheme for craftsmen, or, ifno such scheme exists, under a special scheme for self−employedpersons or under the general scheme, shall be taken into account tojustify the existence of the 18 years of compulsory contributionsrequired for exemption from compulsory affiliation to pension insurancefor 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 Vof the Social Insurance Code (Fünftes Sozialgesetzbuch — SGB V) andArticle 56 of the Sickness Insurance Reform Law (Gesundheitsreform-gesetz), periods of insurance of residence completed under the legisla-tion of another Member State during which the person concerned wasentitled to sickness benefits in kind are taken into account, in so far as isnecessary, as periods of insurance completed under German legislationprovided they do not overlap with periods of insurance completed underthat 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) and561 (1) of the German Law on Social Insurance (Reichsversicherung-sordnung — RVO), the German institutions shall determine the netremuneration to be taken into account for the calculation of the benefitsas though the insured persons resided in the Federal Republic ofGermany.
15. Greek teachers who have civil servant status and who, by the fact that
they have taught in German schools, have contributed to the compulsoryGerman pension insurance scheme as well as to the special Greek civilservant scheme and who ceased to be covered by compulsory Germaninsurance after 31 December 1978 may, on request, have the compulsorycontributions reimbursed in accordance with Article 210 of Book VI ofthe Social Code. Applications for reimbursement of contributions are tobe introduced during the course of the year following the date of entryinto force of this provision. The party concerned may also pursue hisclaim within the six calendar months following the date on which heceased 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 thepension insurance scheme were paid in addition to contributions to thespecial Greek civil servant scheme and with regard to the allocationperiods immediately following the periods during which these compul-sory contributions were paid.
1 6 .......17. For the grant of benefits to persons requiring in−depthand constant care
under Articles 53 et seq. of Volume V of the German Social InsuranceCode (SGB V), the institution of the place of residence shall, for theprovision of assistance in the form of benefits in kind, take account ofperiods of insurance, employment or residence completed under thelegislation of another Member State as if they were periods completedunder 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 thepurposes of applying Article 27 of the Regulation, to be entitled tosickness and maternity benefits in kind if, under Article 8 (1), point 4, ofVolume V of the German Social Insurance Code (SGB V), that person isexempted from compulsory sickness insurance (Krankenversicherung).
19. A period of insurance for child−rearing under German legislation is
valid even for a period during which the employed person concernedbrought up the child in another Member State provided that person wasunable to engage in occupational activity by virtue of Article 6 (1) of theProtection of Mothers Law (Mutterschutzgesetz) or took parental leaveunder Article 15 of the federal Child−rearingAllowance Law (Bundeser-ziehungsgeldgesetz) and did not engage in any minor (geringfügig)employment within the meaning of Article 8 of SGB IV.
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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 versionthereof in force on 31 December 1991.
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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 benefitsin kind under a scheme for civil servants or persons treated as suchand who are not insured under the statutory sickness insurancesystem.
(b) Where, however, a person covered by a scheme for civil servants
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 notwish to avail himself of rights to benefits in kind granted under thenational legislation in his Member State of residence. Where appro-priate, this may be done with reference to Article 17a of the Regula-tion.
22. Notwithstanding the provisions of point 21, in respect of benefits in
kind, the provisions of Article 27 of the Regulation shall be deemed toapply to any person who is entitled to both a pension under Beamtenver-sorgungsrecht and a pension under the legislation of another MemberState.
23. Chapter 4does not apply to persons entitled to benefits in kind provided
by accident insurance cover for civil servants and persons treated assuch.
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D. SPAIN
▼M1 1. The condition either of carrying on the activity of an employed or of a
self−employed person, or the condition of having previously beencompulsorily insured against the same contingency under a scheme orga-nized for the benefit of employed or self−employed persons of the sameMember State, laid down in Article 1 (a) (iv) of this Regulation, will notbe required of persons who, in accordance with the provisions of RoyalDecree No 317/1985 of 6 February 1985, are affiliated voluntarily to thegeneral social security scheme in their capacity as an official or employeeserving an intergovernmental international organization.
2. In accordance with the principle of equal treatment, the benefits provided
for in Royal Decree No 2805/79 of 7 December 1979 on voluntaryaffiliation to the general social security scheme shall be extended to thenationals of the other Member States, refugees and stateless personsresiding in Community territory who, by taking up employment with aninternational body, cease to be compulsorily affiliated to the Spanishsocial security system.
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3. (a) In all Spanish social security schemes, with the exception of the
scheme for civil servants, the armed forces and the judicial adminis-tration, any employed person or self−employed person who is nolonger insured under Spanish legislation shall be considered to be stillinsured, when the risk materialises, for the purposes of implementingthe provisions of Chapter 3 of Title III of the Regulation, if he isinsured, under the legislation of another Member State at the time ofmaterialisation of the risk or, failing that, in the case where a benefitis due for the same risk in pursuance of the legislation of anotherMember State. The latter condition shall be deemed to have beenfulfilled, however, in the case referred to in Article 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 thepensionable or compulsory retirement age stipulated in point 4ofArticle 31 of the consolidated text of the Law on State Pensionerswill be taken into account as service performed only if at the time ofmaterialisation of the risk in respect of which invalidity or deathpensions are due, the beneficiary was covered by Spain’s specialscheme for public servants or in an activity accorded like treatmentunder that scheme.
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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 precedingpayment of the last contribution to the Spanish social security.
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(b) the amount of the pension obtained shall be increased by the amount
of the increases and revalorisations calculated for each subsequentyear, for pensions of the same nature
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5. Periods completed in other Member States which must be calculated in
the special scheme for civil servants, the armed forces and the judicialadministration, will be treated in the same way, for the purposes ofArticle 47 of the Regulation, as the periods closest in time covered as acivil 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 toaccidents at work and occupational diseases within the meaning of andfor the purposes of implementing the provisions of Chapter 4of Title IIIof 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 civilservants, the armed forces and the judicial administration who arecovered under the Spanish “Mutualismo administrativo".
(b) Where, however, a person covered by one 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 notwish to avail himself of rights to benefits in kind granted under thenational legislation in his Member State of residence. Where appro-priate, this may be done with reference to Article 17a of the Regula-tion.
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 toany person who is entitled to both a pension under special schemes forcivil servants, the armed forces and the judicial administration and apension under the legislation of another Member State.
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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 Article1(r), (s) and (sa) of the Regulation. The Spanish institutions cannottherefore issue the relevant certificates for the purposes of aggregatingperiods.
Nevertheless, the Spanish special scheme for students will apply to
students who are nationals of other Member States and who are studyingin Spain, under the same conditions as students of Spanish nationality.
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E. FRANCE
1. (a) The allowance for elderly employed persons, together with the allow-
ance for elderly self−employed persons, and the agricultural old−ageallowance shall be granted, under the conditions laid down for Frenchworkers by French legislation to all employed or self−employedpersons who are nationals of other Member States and who, at thetime of making their claim, are resident in French territory.
(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 employedpersons or periods treated as such or, as appropriate, periods of workas self−employed persons in the territories of the European depart-ments and the overseas departments (Guadeloupe, Guyana, Marti-nique and Réunion) of the French Republic shall be taken intoconsideration for acquisition of the right to the allowance for elderlyemployed persons.
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2. The special allowance and cumulative indemnity provided for by the
special legislation for social security in the mines shall be provided onlyfor 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 tonationals of other Member States under the following conditions:
— the professional or trade activity giving rise to voluntary insurance
under the French system should not be, or have been, pursued eitheron French territory or on the territory of the Member State of whichthe employed or self−employed person is a national,
— the employed or self−employed person must produce evidence, when
making his claim, either that he has resided in France for at least 10years, consecutive or not, or that he has been continuously subject toFrench legislation on a compulsory or optional basis for the samelength of time.
4. A person who is subject to French legislation pursuant to Article 14 (1) or
Article 14a (1) of the Regulation shall be entitled, in respect of themembers of his family accompanying him in the territory of the MemberState in which he is pursuing an occupation, to the following familybenefits:
(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 calculation of the theoretical amount referred to in Article 46 (2)
(a) of the Regulation, in schemes in which old−age pensions are calcu-lated on the basis of retirement points, the competent institution shall takeinto account, in respect of each of the years of insurance completed underthe legislation of any other Member State, the number of retirementpoints arrived at by dividing the number of retirement points acquiredunder the legislation it applies by the number of years corresponding tothese 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 theFrench departments of Haut−Rhin, Bas−Rhin and Moselle, shall beentitled in the territory of those departments to the benefits in kindprovided for by the local Alsace−Lorrainescheme set up by Laws No46-1428 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
Articles 25 (2) and (3) and 28 and 29 of the Regulation.
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7. Notwithstanding Articles 73 and 74of the Regulation, the housing allow-
ances, the home childcare allowance, the family allowance for theemployment of a registered child−minder and the parental child−rearingallowance shall be granted only to persons concerned and to members oftheir families residing in French territory
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8. Any employed person who is no longer subject to French legislation
governing widowhood insurance under the French general social securitysystem or the agricultural workers’ system shall be deemed to have thestatus of an insured person under such legislation when the risk materia-lizes, for the purposes of the implementation of the provisions of Chapter3 of Title III of the Regulation, if that person is insured as an employedperson under the legislation of another Member State at the time of thematerialization of the risk or, failing that, in the case where a survivor’sbenefit is due in pursuance of the legislation on employed persons ofanother Member State. This condition shall be deemed to have beenfulfilled, however, in the case referred to in Article 48 (1).
F. GREECE
1 .......
2. Law No 1469/84 concerning voluntary affiliation to the pension insurance
scheme for Greek nationals and foreign nationals of Greek origin, isapplicable to nationals of other Member States, stateless persons andrefugees residing in the territory of a Member State in accordance withthe second subparagraph.
Subject to the other conditions of this law being met, contributions may
be made:
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(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 compulsorilyaffiliated 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 Greeklegislation whether compulsorily or voluntarily for a period of 1 500days.
3. Notwithstanding the relevant provisions applied by the OGA Regulations,
the periods during which benefits payable in respect of an accident atwork or of an occupational disease as defined in the legislation ofMember States, which makes separate provision for such risks, providedthat they coincide with periods of employment in the agricultural sector inGreece, shall be regarded as periods of insurance under the legislationapplied 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 toin the aforementioned Article shall not adversely affect the interests of theperson concerned.
5. Where the rules of the Greek auxiliary pension funds (‘ επικουρικά
ταµεία') make provision for the recognition of compulsory old age
pension insurance periods completed with statutory Greek insurance insti-tutions (‘ κύριας ασφάλισης ')these rules shall also apply to compulsory
pension insurance periods in the pension branch completed under thelegislation of any other Member State falling within the scope of theRegulation.
6. Employed persons who were compulsorily affiliated until 31 December
1992 to a pension insurance scheme of a Member State other than Greeceand who are subject to compulsory Greek social insurance (base statutoryscheme) for the first time after 1 January 1993, shall be regarded as‘formerly insured persons'in accordance with the provisions of Law No2084/92.
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7. Serving or retired civil servants, persons treated as such and members of
their families, covered by a special health−care scheme, may receivesickness and maternity benefits in kind in the event of immediate needduring a stay in the territory of another Member State or when travellingthere to receive care appropriate to their state of health with the priorauthorization of the competent Greek institution, in accordance with theprocedures laid down in Article 22 (1) (a) and (c), Article 22 (3), and inArticle 31 (a) of this Regulation, under the same conditions as employedand 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 Greekhealth−care scheme.
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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 IIIof the Regulation shall apply by analogy if the persons concerned havecompleted periods of insurance in another Member State within theframework either of a special pension scheme for civil servants or personstreated as such, or of a general scheme, provided that the personsconcerned have been employed as civil servants or as persons treated assuch in accordance with the provisions of Greek legislation.
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 forcivil servants or persons treated as such, shall not prejudice the applica-tion of Greek legislation (Code for civil and military pensions) regardingtransfer of insurance periods from a special scheme for civil servants tothe general insurance scheme for employed persons via the payment ofthe required contribution.
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G. IRELAND
1. Employed or self−employed persons, unemployed persons, pension
claimants 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, shallbe entitled free of charge to all medical treatment provided for by Irish
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legislation where the cost of this treatment is payable by the institution
of a Member State other than Ireland.
2. The members of the family of an employed or self−employed person
who is subject to the legislation of a Member State other than Irelandand who satisfies the conditions laid down by that legislation for entitle-ment to benefits, account being taken, where appropriate, of Article 18of the Regulation, shall be entitled free of charge, if they are resident inIreland, to all medical treatment provided for by Irish legislation.
The cost of such benefits shall be payable by the institution with which
the employed or self−employed person is insured.
However, where the spouse of the employed or self−employedperson or
the person looking after the children pursues a professional or tradeactivity in Ireland, benefits for members of the family shall remainpayable by the Irish institution to the extent that entitlement to suchbenefits is granted solely under the provisions of Irish legislation.
3. If an employed person subject to Irish legislation has left the territory of
a Member State to proceed, in the course of his employment, to theterritory of another Member State and sustains an accident beforearriving there, his entitlement to benefit in respect of the said accidentshall 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, hewas insured under the said legislation.
4.......
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5. For the purpose of calculating the earnings for the granting of sickness
benefit or unemployment benefit under Irish legislation, an amount equalto the average weekly wage in that year, of male and female employedpersons, as applicable, shall, notwithstanding Articles 23(1) and 68(1) ofthe Regulation, be credited to the employed person in respect of eachweek of employment completed as an employed person under the legis-lation of another Member State during the prescribed period
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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 ofwork within the meaning of Irish legislation.
7. For the purposes of Article 44 (2), an employed person shall be deemed
to have expressly asked for postponement of the award of an old−agepension to which he would be entitled under the legislation of Ireland if,where retirement is a condition for receiving the old−agepension, he hasnot 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 thelegislation of Ireland in application of Article 69 (1) of the Regulationshall be entitled to apply for unemployment benefits notwithstandingArticle 69 (2) if he satisfies the conditions laid down in the aforemen-tioned legislation.
10. A period of subjection to Irish legislation in accordance with Article 13
(2) (f) of the Regulation may not:
(i) be taken into account under that provision as a period of subjection
to Irish legislation for the purposes of Title III of the Regulation,
nor
(ii) make Ireland the competent State for the provision of benefits
provided for in Article 18, 38 or 39 (1) of the Regulation.
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11. Entitlement to family income supplement solely under the legislation of
Ireland shall be suspended where, over the same period and in respect ofthe same member of the family, family benefits are payable solely underthe legislation of the United Kingdom or up to the amount of thosebenefits pursuant to Articles 73, 74, 77, 78 or 78a of the Regulation.
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H. ITALY
None.
I. LUXEMBOURG
1. Notwithstanding Article 94(2) of the Regulation, periods of insurance or
periods treated as such completed by employed persons or self−employedpersons under Luxembourg legislation for invalidity, old−age or deathpensions insurance either before 1 January 1946 or before an earlier datestipulated by a bilateral convention shall be taken into consideration forthe purpose of applying this legislation only if the person concerneddemonstrates that he has completed six months of insurance under theLuxembourg scheme after the date in question. Where several bilateralconventions apply, periods of insurance or periods treated as such shall betaken 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 byemployed or self−employed persons not residing in Luxembourg territoryshall, 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 author-ization by the Sickness Fund for treatment abroad cannot be refusedwhere 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) intoaccount, the Luxembourg institution shall recognize periods of insurancecompleted by the person concerned under the legislation of any otherMember State as if they were periods completed under the legislationwhich it administers. Application of the foregoing provision shall besubject to the condition that the person concerned last completed insur-ance periods under Luxembourg legislation.
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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 pensionshall be the final salary of the person concerned on leaving the Luxem-bourg civil service, this salary being established in accordance with thelegislation 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 MemberState, the provisions of Luxembourg legislation on retroactive insuranceshall be suspended.
7. Approval of periods by the Luxembourg statutory scheme shall be based
on periods completed in Luxembourg alone.
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8. Persons covered by a health insurance scheme in the Grand Duchy of
Luxembourg who pursue their studies in another Member State areexempted from the requirement to join as a student under the legislationof the country where they study.
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J. 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 areinsured or co−insured under the insurance scheme covered by theNetherlands law on sickness insurance funds for the purpose of theimplementation of Chapter 1 of Title III.
( b )......(c) For the purposes of Articles 27 to 34of 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) ofthe declaration of the Kingdom of the Netherlands under Article 5 ofthe 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 burgerlijkepensioenwet),
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— pensions awarded under the Law of 6 October 1966 ( Staatsblad
445) on a new ruling in respect of pensions for military personneland their survivors (Military Pensions Act) (Algemene militairepensioenwet),
— pensions awarded under the Law of 15 February 1967 ( Staatsblad
138) on a new ruling in respect of pensions for employees of theNV 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 (ReglementDienstvoorwaarden Nederlandse Spoorwegen) (RDV 1964NS),
or
— benefits in respect of a pension before the age of 65 under a
pension scheme designed to provide old−age assistance toworkers and former workers, or benefits in respect of an earlyretirement pension from work under a scheme for early retirementset up by the State or by or under an industrial agreement, or ascheme to be designated by the Sickness Fund Council.
(d) Members of the family as referred to in Article 19 (2) who reside in
the Netherlands and employed or self−employed workers and themembers of their families as referred to in Article 22 (1) (b) and (3)read in conjunction with Article 22 (1) (b), and Articles 25 and 26who are entitled to benefits under the legislation of another MemberState shall not be insured under the Algemene Wet Bijzondere Ziek-tekosten (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 reduction referred to in Article 13 (1) of the AOW shall not be
applied for calendar years or parts thereof before 1 January 1957during which a recipient, not satisfying the conditions permitting himto have such years treated as periods of insurance, resided in theterritory of the Netherlands between the ages of 15 years and 65years, or during which, whilst residing in the territory of anotherMember State, he pursued an activity as an employed person in theNetherlands for an employer established in that country.
By way of derogation from Article 7 of the AOW, persons who
resided or worked in accordance with the abovementioned conditionsonly prior to 1 January 1957 shall also be regarded as being entitledto a pension.
(b) The reduction referred to in Article 13 (1) of the AOW shall not
apply to calendar years or parts thereof prior to 2 August 1989 duringwhich, between his 15th and 65th birthdays the person who is or wasmarried was not insured under the abovementioned legislation despitebeing resident in the territory of a Member State other than theNetherlands, if these calendar years or parts thereof coincide, on theone hand, with the periods of insurance completed by the person’sspouse under that legislation provided that the couple’s marriagesubsisted during these periods, and, on the other, with the calendaryears or parts thereof to be taken into account under subparagraph(a).
By way of derogation from Article 7 of the AOW, this person shall
be considered a pensioner.
(c) The reduction referred to in Article 13 (2) of the AOW shall not
apply to calendar years or parts thereof prior to 1 January 1957during which the spouse of a pensioner who fails to satisfy theconditions for having these years treated as periods of insuranceresided in the Netherlands between the spouse’s 15th and 65th birth-days or during which, despite being resident in the territory ofanother Member State, the spouse pursued an activity as an employedperson in the Netherlands for an employer established in the Nether-lands.
(d) The reduction referred to in Article 13 (2) of the AOW shall not
apply to calendar years or parts thereof prior to 2 August 1989 duringwhich, between his 15th and 65th birthdays, the pensioner’s spousewas resident in a Member State other than the Netherlands and wasnot insured under the abovementioned legislation if these calendaryears or parts thereof coincide, on the one hand, with the periods ofinsurance completed by the spouse under that legislation providedthat the couple’s marriage subsisted during these periods, and, on theother, with the calendar years or parts thereof to be taken intoaccount under subparagraph (a).
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(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 ofone or more Member States after the age of 59 years and for as longas that person is residing in the territory of one of these MemberStates.
(f)►
M2By way of derogation from the provisions of Article 45(1) of
the law on general old−ageinsurance (AOW) and Article 63(1) of thegeneral law on insurance for surviving dependants (ANW), thespouse of an employed person or of a self−employed person coveredby a compulsory insurance scheme, residing in a Member State otherthan the Netherlands, shall be authorised to take out voluntary insur-ance under that legislation, but only for the periods after 2 August1989 during which the employed person or self−employed person isor was compulsorily insured under the abovementioned legislation.This authorisation ceases on the date of termination of 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−employedperson is terminated as a result of his death and where his widowreceives 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 on the date on which the voluntarily insured person reachesthe 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 employedperson or of a self−employed person who is compulsorily insuredunder 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 compulsoryinsurance, subject to the condition that his/her income shall bedeemed to have been received in the Netherlands.
For the spouse for an employed person or 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 relatingto the determination of the contribution for voluntary insurance underthe Netherlands legislation on general old−age insurance and theNetherlands ►
M2general law on insurance for surviving depend-
ants◄
(g) The authorization referred to in (f) shall be granted only if the spouse
of an employed person or of a self−employed person has informedthe Sociale Verzekeringsbank (Social Insurance Bank) not later thanone year after commencement of his/her compulsory insurance periodof the intention to take out voluntary insurance.
For the spouse of an employed person or of a self−employed person
who was compulsorily insured immediately prior to or on 2 August1989, the period of one year shall commence on the date of 2 August1989.
The authorization referred to in point 4of (f) may not be granted to a
spouse not residing in the Netherlands of an employed orself−employed person to whom the provisions of Article 14(1),Article 14a (1) or Article 17 of the Regulation apply if that spouse, inaccordance with the provisions of Netherlands legislation alone, is orwas 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 forcalculating pension rights under the old−ageinsurance legislation of aMember State other than the Netherlands or to those periods duringwhich the person concerned has drawn an old−age pension undersuch 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 NetherlandsGeneral Law on Old−Age Insurance (AOW) shall be taken intoaccount as periods of insurance.
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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 survivingdependants shall be deemed to be insured under such legislationwhen the risk materialises, for the purposes of the implementation of
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the provisions of Chapter III of Title III of the Regulation, if that
person is insured under the legislation of another Member State forthe same risk or, failing that, in the case where a survivor’s benefit isdue pursuant to the legislation of another Member State. The lattercondition shall be deemed to have been fulfilled, however, in the casereferred to in Article 48(1)
(b) where, pursuant to subparagraph (a), a widow has the right to a
widow’s pension under Dutch legislation on general insurance forsurviving dependants, that pension shall be calculated in accordancewith Article 46(2) of the Regulation
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For the application of these provisions, the periods of insurance
completed before 1 October 1959 during which the employed personor self−employed person resided in the territory of the Netherlandsbefore attaining the age of 15 years or during which, while stillresident on the territory of another Member State, he carried out againful activity in the Netherlands for an employer established in thatcountry, shall also be regarded as periods of insurance completedunder 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 insur-ance completed under the legislation of another Member State inrespect of survivors’ pensions.
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(d) for the purposes of Article 46(2) of the Regulation, only periods of
insurance completed after the age of 15 years under Dutch legislationshall be taken into account as periods of insurance
4.Application of the Netherlands laws relating to incapacity for work
▼
B (a) Any employed person or self−employed person who is no longer
insured under the Law of 18 February 1966 relating to insuranceagainst incapacity for work (WAO) and/or under the Law of 11December 1975 relating to incapacity for work (AAW) ►
M2and
the Law of 24April 1997 on insurance against incapacity for work byself−employed persons ◄shall be considered to be still insured at
the time of the materialization of the risk for the purposes of theimplementation of the provisions of Chapter 3 of Title III of theRegulation, if he is insured for the same risk under the legislation ofanother Member State or, failing that, in the case where a benefit isdue 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 in Article 48 (1).
(b) If, pursuant to subparagraph (a), the person concerned is entitled to a
Dutch invalidity benefit, that benefit shall be awarded in accordancewith rules laid down by 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 ofoccurrence of the incapacity for work he was insured for thesame risk under the legislation of another Member State as anemployed person within the meaning of Article 1 (a) of theRegulation;
(ii) in accordance with the provisions laid down by the abovemen-
tioned►
M2Law of 24April 1997 on insurance against inca-
pacity for work by self−employed persons ◄if, when the inca-
pacity for work arose, he:
— was insured for the risk under the legislation of another
Member State but not in the capacity of employed personwithin 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 thelegislation of another Member State.
►
M2 ◄
(c) In the calculation of the benefits awarded in accordance with the
►M2Law of 24April 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 in the Netherlands before 1 July 1967,
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— 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 December1975 (AAW) in so far as these do not coincide with the periodsof insurance completed under the abovementioned law of 18February 1966 (WAO).
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— periods of insurance completed in accordance with the Law of 24
April 1997 on insurance against incapacity for work forself−employed persons (WAZ)
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(d) In the calculation of the Netherlands invalidity benefit pursuant to
Article 40 (1) of the Regulation, the Dutch institutions do not takeaccount any supplements to be awarded under the provision of theLaw on supplements. The right to that supplement and the amountthereof are calculated only on the basis of the Law on supplements.
5.Application of Netherlands legislation on family allowances
(a) An employed on self−employed person to whom Netherlands legisla-
tion on family benefits becomes applicable during a quarter and whowas, on the first day of that quarter, subject to the correspondinglegislation of another Member State, shall be considered as beinginsured 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 benefitsshall be fixed in accordance with the detailed arrangements laid downin the implementing Regulation referred to in Article 98 of theRegulation.
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−ageinsurance (Article 46), on general insurance for widows and orphans andon general insurance against incapacity for work.
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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' withinthe meaning of Netherlands legislation (i.e. an interest conferring at least50 % of voting rights) is deemed, for the purposes of the provisions ofTitle II of the Regulation, to be employed.
▼
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K. AUSTRIA
▼M3 1. For the purposes of applying the Regulation, Austrian legislation
regarding transfer of insurance periods by the payment of a transfer sumshall remain in force when there is a change between a general schemeand a special scheme for civil servants.
▼
B
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 casesthe amount calculated according to Article 46 (2) of the Regulation shallbe increased by increments for contributions for supplementary insuranceand 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 beconsidered 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 Austrianlegislation with regard to persons who have suffered in their socialsecurity situation for political or religious reasons or for reasons of theirdescent.
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5. The provisions of Article 22(1)(a) of the Regulation shall also apply to
persons with sickness insurance coverage under an Austrian law onprotection for special victims (Versorgungsgesetze)
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6. For the purposes of applying the Regulation, benefits under the Law on
protection of the armed forces (Heeresversorgungsgesetz — HVG) shallbe treated as benefits in respect of accidents at work and occupationaldiseases.
L. 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-tion when they retire or when their pension rights are determined, the lastsalary received from that administration will be taken into account in order tocalculate the pension.
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M. FINLAND
1. In order to determine whether the period between the occurrence of the
pension contingency and the pensionable age (future period) should betaken into account when calculating the amount of the Finnish employ-ment pension, the periods of insurance or residence under the legislationof 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 inanother Member State and where the pension according to the Finnishemployment pension legislation no longer includes the period between thecontingency and the pensionable age (future period), periods of insuranceunder the legislation of another Member State shall be taken into consid-eration for the requirement of the future period as if they were periods ofinsurance 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 abenefit, a claim submitted to an institution of another Member State shall,for the purpose of applying the provisions of the Finnish legislationrelating to such increment, be considered to have been presented on thedate when that claim, along with all necessary enclosures, reaches thecompetent institution in Finland.
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4. An employed or self−employedperson who is no longer insured under the
National Pensions scheme is regarded, when applying the provisions ofTitle III, Chapter 3 of this Regulation, as retaining the status of an insuredperson if, when the risk materialises, he or she was insured under thelegislation of another Member State or, if this was not the case, he or sheis entitled, in respect of the same risk, to a pension under the legislationof another Member State. However, the latter requirement is deemed tohave been fulfilled in the case referred to in Article 48(1)
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5. Where a person belonging to a special scheme for civil servants is
resident 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 specialscheme for civil servants and by the personal insurance arrangementsupplementing it.
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N. SWEDEN
1. When applying Article 18 (1) for the purpose of establishing a person’s
entitlement to a parental benefit period of insurance completed under thelegislation of another Member State than Sweden shall be considered tobe based on the same average earnings as the Swedish periods of insur-ance to which they are aggregated.
2. The provisions of the Regulation on the aggregation of insurance or
residence periods shall not apply to the transitional rules of the Swedishlegislation on the right to a more favourable calculation of basic pensions
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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 personshall be considered to meet the insurance and income requirements of theSwedish legislation when covered as an employed or self−employedperson 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 concernedare residing in another Member State, provided that the person taking careof the child is on parental leave under the provisions of the Law on Rightto Leave for Child Rearing.
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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 in Sweden at the rates
which according to Swedish legislation apply for non−residentsinsofar asthe care provided is covered by the special scheme concerned and/or bythe personal insurance scheme supplementing it. This also applies to thespouse and children under the age of 18 of such a person.
▼
B
O. 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 underthe legislation of Gibraltar as an employed person, applies, as a resultof incapacity to work, maternity or unemployment, for exemption fromthe payment of contributions over a certain period, and asks forcontributions for that period to be credited to him, any period duringwhich that person has been working in the territory of a Member Stateother than the United Kingdom shall, for the purposes of his applica-tion, be regarded as a period during which he has been employed inGibraltar and for which he has paid contributions as an employedperson in accordance with the legislation of 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,
then provided, in each case, that the spouse or former spouse is or
was an employed or self−employed person who had been subjectto the legislation of two or more Member States, the provisions ofChapter 3 of Title III of the Regulation shall apply in order todetermine entitlement under United Kingdom legislation. In thiscase, references in the said Chapter 3 to ‘periods of insurance'shall be construed as references to periods of insurance completedby:
(i) a spouse or former spouse, where a claim is made by a
married woman, a man who is widowed or a person whosemarriage has terminated otherwise than by the death of thespouse,
or
(ii) a former spouse, where a claim is made by a widow, who was
not in receipt of a survivor’s benefit immediately beforereaching pensionable age or who is only in receipt of anage−relatedwidow’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 person pursuant to Article 71 (1) (a) (ii) or (b) (ii) ofthe Regulation, then for the purpose of satisfying the conditionsimposed by United Kingdom legislation in relation to child benefitconcerning a period of presence within Great Britain or, as thecase may be, Northern Ireland, periods of insurance, employmentor self−employmentcompleted by that person under the legislation
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of another Member State shall be regarded as periods of presence
in Great Britain or, as the case may be, Northern Ireland.
(b) If, pursuant to Title II of the Regulation, excluding Article 13 (2)
(f), United Kingdom legislation is applicable in respect of anemployment or self−employed person who does not satisfy thecondition imposed by United Kingdom legislation in relation tochild benefit concerning:
(i) presence within Great Britain or, as the case may be, Northern
Ireland, he shall be regarded, for the purpose of satisfyingsuch 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 orself−employment completed by the said worker under thelegislation of another Member State shall, for the purpose ofsatisfying such conditions, be regarded as periods of presencein Great Britain or, as the case may be, Northern Ireland.
(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 asurvivor’s pension.
5. For the purposes of applying Article 10a (2) to the provisions
governing entitlement to attendance allowance, invalid care allowanceand disability living allowance, a period of employment,self−employment or residence completed in the territory of a MemberState other than the United Kingdom shall be taken into accountinsofar as is necessary to satisfy conditions as to presence in theUnited Kingdom, prior to the day on which entitlement to the benefitin question first arises.
6. In the event of an employed person subject to United Kingdom legisla-
tion being the victim of an accident after leaving the territory of oneMember State while travelling, in the course of this employment, tothe territory of another Member State, but before arriving there, hisentitlement 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 ofNorthern Ireland or an employed person under the legislation ofGibraltar, 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 securityagreement concluded between the United Kingdom and a third State.
8. For the purposes of Chapter 3 of Title III of the Regulation no account
shall be taken of graduated contributions paid by the insured personunder United Kingdom legislation or of graduated retirement benefitspayable under that legislation. The amount of the graduated benefitsshall be added to the amount of the benefit due under the UnitedKingdom legislation as determined in accordance with the saidchapter. The total of these two amounts shall constitute the benefitactually due to the person concerned.
9 . ......10. For the purpose of applying the Non−Contributory Social Insurance
Benefit and Unemployment Insurance Ordinance (Gibraltar), anyperson to whom this Regulation is applicable shall be deemed to beordinarily resident in Gibraltar if he resides in a Member State.
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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 ofArticle 95b (8) of the Regulation shall be considered as invaliditybenefits.
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12. For the purpose of Article 10 (1) of the Regulation any beneficiary
under United Kingdom legislation who is staying in the territory ofanother Member State shall, during that stay, be considered as if heresided in the territory of that other Member State.
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13.1. For the purpose of calculating an earnings factor with a view to
determining the right to benefits under United Kingdom legislation,subject to point 15, each week during which an employed orself−employed person has been subject to the legislation of anotherMember State and which commenced during the relevant income taxyear within the meaning of United Kingdom, legislation shall be takeninto account in the following way:
(a) Periods between 6 April 1975 and 5 April 1987:
(i) for each week of insurance, employment or residence as an
employed person, the person concerned shall be deemed tohave paid contributions as an employed earner on the basis ofearnings 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−employedperson the person concerned shall be deemedto 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 tohave received, and paid contributions as an employed earner,for, weekly earnings equivalent to two−thirds of that week’supper earnings limit;
(ii) for each week of insurance, self−employment or residence as
a self−employedperson the person concerned shall be deemedto 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−employment or resi-dence, the person concerned shall be deemed to have had contri-butions or earnings credited to him as appropriate, but only to theextent required to bring his total earnings factor for that tax yearto the level required to make that tax year a reckonable yearwithin the meaning of the United Kingdom legislation governingthe 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, employmentor residence exclusively in a Member State other than the UnitedKingdom, and the application of paragraph 1 (a) (i) or paragraph 1(b) (i) results in that year being counted as a qualifying yearwithin the meaning of United Kingdom legislation for thepurposes of Article 46 (2) (a) of the Regulation, he shall bedeemed to have been insured for 52 weeks in that year in thatother 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 Kingdomlegislation for the purposes of Article 46 (2) (a) of the Regulation,any periods of insurance, employment or residence completed inthat year shall be disregarded.
13.3. For the purpose of converting an earnings factor into periods of
insurance the earnings factor achieved in the relevant income tax yearwithin the meaning of United Kingdom legislation shall be divided bythat year’s lower earnings limit. The result shall be expressed as awhole number, any remaining fraction being ignored. The figure socalculated shall be treated as representing the number of weeks ofinsurance completed under United Kingdom legislation during thatyear provided that such figure shall not exceed the number of weeksduring 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 wasincapable 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 consistsof 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 surplusesin earnings factors as defined in the Social Security Pensions Act1975 or, as the case may be, the Social Security Pensions(Northern Ireland) Order 1975;
(b) an average of the surpluses in earnings factor shall be calculated
in accordance with Article 47 (1) (b) of the Regulation asconstrued in subparagraph (a) above by dividing the aggregated
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surpluses recorded under United Kingdom legislation by the
number of income tax years within the meaning of UnitedKingdom legislation (including part income tax years) completedunder that legislation since 6 April 1978 which occur within therelevant 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 theamount of that part of the pension which consists of an additionalcomponent under United Kingdom legislation, as meaning periods ofinsurance 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 receivebenefits under the legislation of the United Kingdom pursuant toArticle 69 (1) of the Regulation shall continue to be entitled tounemployment benefits by way of derogation from Article 69 (2) if hesatisfies the conditions in the aforementioned legislation.
17. For the purposes of entitlement to severe disablement allowance any
employed or self−employed person who is, or has been, subject toUnited 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 whilstpresent or resident in another Member State, be treated as havingbeen 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 thelegislation of another Member State treated as periods of presenceor residence in the United Kingdom.
18. A period of subjection to United Kingdom legislation in accordance
with Article 13 (2) (f) of the Regulation may not:
(i) be taken into account under that provision as a period of subjec-
tion to United Kingdom legislation for the purposes of Title III ofthe 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 theRegulation.
19. Subject to any conventions concluded with individual Member States,
for the purposes of Article 13 (2) (f) of the Regulation and Article 10bof the Implementing Regulation, United Kingdom legislation shallcease to apply at the end of the day on the latest of the following threedays to any person previously subject to United Kingdom legislationas an employed or self−employed person:
(a) the day on which residence is transferred to the other Member
State referred to in Article 13 (2) (f);
(b) the day of cessation of the employment or self−employment,
whether permanent or temporary, during which that person wassubject 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 theUnited Kingdom is the competent State) or unemployment benefitwhich
(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 UnitedKingdom legislation.
20. The fact that a person has become subject to the legislation of another
Member State in accordance with Article 13 (2) (f) of the Regulation,Article 10b of the Implementing Regulation and point 19 above, shallnot prevent:
(a) the application to him by the United Kingdom as the competent
State of the provisions relating to employed or self−employedpersons of Title III, Chapter 1 and Chapter 2, Section 1 or Article40 (2) of the Regulation if he remains and employed orself−employed person for those purposes and was last so insuredunder 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 orArticles 10 or 10a of the Implementing Regulation, provided
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United Kingdom benefit under Chapter 1 of Title III is payable to
him in accordance with paragraph (a).
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21. In the case of either students or the members of the family or survivors
of a student, Article 10a(2) of the Regulation shall not apply tobenefits intended solely as specific protection for the disabled.
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21. Entitlement to family credit solely under the legislation of the United
Kingdom shall be suspended, where, over the same period and inrespect of the same member of the family, family benefits are payablesolely under the legislation of Ireland or up to the amount of thosebenefits pursuant to Articles 73, 74, 77, 78 or 78a of the Regulation.
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ANNEX VII (B) (2) (5) (6) (15)
INSTANCES IN WHICH A PERSON SHALL BE SIMULTANEOUSLY
SUBJECT TO THE LEGISLATION OF TWO MEMBER STATES
(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 resident in Denmark is self−employed in Denmark and
gainfully employed in any other Member State.
3. For the agricultural accident insurance scheme and the old−age insurance
scheme for farmers: where he is self−employed in farming in Germany andgainfully employed in any other Member State.
4. Where a person resident in Spain is self−employed in Spain and gainfully
employed in any other Member State.
5. Where he is self−employed in France and gainfully employed in any other
Member State, except Luxembourg.
6. Where he is self−employed in farming in France and gainfully employed in
Luxembourg.
7. For the pension insurance scheme for self−employed persons: where he is
self−employed in Greece and gainfully employed in any other MemberState.
8. Where he is self−employed in Italy and gainfully employed in any other
Member State.
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10. Where he is self−employed in Portugal and gainfully employed in any other
Member State.
11. Where a person resident in Finland is self−employed in Finland and gain-
fully employed in any other Member State.
12. Where a person resident in Sweden is self−employed in Sweden and gain-
fully employed in any other Member State.
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ANNEX VIII
(Article 78a of the Regulation)
SCHEMES THAT PROVIDE ONLY FOR FAMILY ALLOWANCES OR
SUPPLEMENTARY OR SPECIAL ALLOWANCES FOR ORPHANS
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. 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 fullyliable to tax under Danish law.'
C. GERMANY
None
D. SPAIN
None
E. FRANCE
All basic social-security schemes with the exception of the special schemes
for employed persons (officials, State operatives, seamen, notary clerks,EDG-GDF, SNCF and RATP agents, staff of the Opera and the Comédiefrançaise, etc.) other than the scheme for miners.
F. GREECE
None
G. IRELAND
Child benefit, orphan’s (contributory) allowance and increases of widow’s
(contributory) pension and widower’s (contributory) pension payable inrespect of qualified children under the Social Welfare (Consolidation) Act1993 and amending legislation
H. ITALY
None
I. LUXEMBOURG
None
J. NETHERLANDS
None
K. AUSTRIA
None
L. PORTUGAL
None
M. FINLAND
None
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N. SWEDEN
None
O. UNITED KINGDOM
1.Great Britain and Northern Ireland
Provisions under the Social Security Contributions and Benefits Act 1992
and the Social Security Contributions and Benefits (Northern Ireland) Act1992, relating to child benefit (including any higher rates for loneparents); child dependency allowances paid to pensioners and guardian’sallowance.
2.Gibraltar
Provisions under the Social Security (Open Long-Term Benefits Scheme)
Ordinance 1997 and the Social Security (Closed Long-Term BenefitsScheme) Ordinance 1996 relating to child dependency increases paid topensioners and guardian’s allowance.
1971R1408 — EN — 01.01.2000 — 001.002 — 119
Appendix
LISTS OF ACTS AMENDING REGULATIONS (EEC)No 1408/71 AND
(EEC)No 574/72
A. Act of Accession of Spain and 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 on the application of social security schemes toemployed persons, to self−employed persons and to members of theirfamilies moving within the Community and Regulation (EEC) No 574/72laying 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; Finnishtext: 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 migrantworkers with regard to Greenland (OJ No L 160, 20. 6. 1985, p. 7; Spanishtext: DO Edicíon especial, 1985 (05.04), p. 148; Portuguese text: OJ EdiçãoEspecial, 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 downthe procedure for implementing Regulation (EEC) No 1408/71 on theapplication of social security schemes to employed persons, toself−employed persons and to members of their families moving within theCommunity (OJ No L 51, 28. 2. 1986, p. 44; Swedish text: EGT, Specialut-gåva 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 on the application of social security schemesto employed persons, to self−employed persons and to members of theirfamilies moving within the Community and Regulation (EEC) No 574/72laying 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 on the application of social security schemes toemployed persons, to self−employed persons and to members of theirfamilies moving within the Community and Regulation (EEC) No 574/72laying 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 on the application of social security schemes toemployed persons, to self−employed persons and to members of theirfamilies moving within the Community and Regulation (EEC) No 574/72laying 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 on the application of social security schemes toemployed persons, to self−employed persons and to members of theirfamilies moving within the Community and Regulation (EEC) No 574/72laying 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 on the application of social security schemes toemployed persons, to self−employed persons and to members of theirfamilies moving within the Community and Regulation (EEC) No 574/72laying down the procedure for implementing Regulation (EEC) No 1408/71(OJ No L 206, 29. 7. 1991, p. 2; Swedish text: EGT, Specialutgåva 1994,
1971R1408 — EN — 01.01.2000 — 001.002 — 120
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 on the application of social security schemes toemployed persons, to self−employed persons and to members of theirfamilies moving within the Community and Regulation (EEC) No 574/72laying 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 on the application of social security schemes toemployed persons, to self−employed persons and to members of theirfamilies moving within the Community and Regulation (EEC) No 574/72laying 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 on the application of social security schemes toemployed persons, to self−employed persons and to members of theirfamilies moving within the Community and Regulation (EEC) No 574/72laying 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 on the application of social security schemes toemployed persons, to self−employed persons and to members of theirfamilies moving within the Community, Regulation (EEC) No 574/72 layingdown the procedure for implementing Regulation (EEC) No 1408/71 andRegulation (EEC) No 1247/92 amending Regulation (EEC) No 1408/71 (OJNo 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 on the application of social security schemesto employed persons, to self−employed persons and to members of theirfamilies moving within the Community, Regulation (EEC) No 574/72 fixingthe 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 on the application of social security schemesto employed persons, to self−employed persons and to members of theirfamilies moving within the Community and Regulation (EEC) No 574/72laying 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 securityschemes to employed persons, to self−employed persons and to members oftheir families moving within the Community and Regulation (EEC) No574/72 laying down the procedure for implementing Regulation (EEC) No1408/71 (OJ No L 28, 30. 1. 1997, p. 1)